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Suffice it to state that the late V. Madhava Raja owed Certain dues towards income tax, wealth tax and agriculture income tax. As seen earlier from the certificate issued by the Income Tax Officer on December 6, 1995, an amount of Rs.5,15,000/ and odd was still due and recoverable from the estate. As regards the agriculture income tax, certain properties were sold and a sum of Rs.12,000/ and odd had remained surplus. After due publicity, the property in dispute was sold on June 15, 1992 for a sum of RS. Resultantly, the auction purchaser respondents filed an application in the Court on June 26, 1992 seeking permission to withdraw from the auction. In pursuance thereof, a certificate dated December 6, 1995 was produced in which the Income Tax Officer, Ward 2, Palghat had certified that a sum of Rs.5,15,824/ was still due and recoverable from the estate of Venugopala Verma Raja, Kollengode estate. Several attempts were made to sell out the properties to the companysharers for realisation of the tax dues of the State remained unsuccessful. No.l/64 was filed for division of the properties by meets and bounds among the sharers, an attempt was made by the State to have the estate attached for recovery of the tax dues. In the meanwhile the Court passed vague orders on auctionpurchasers applications for permission to withdraw from auction and for extension of time. Auction purchaser filed a revision in the High Court. Pursuant to an agreement between the parties, the Court passed an order avoiding attachment and directed the Joint Commissioners to recover the dues from the estate and pay over the same to the Income tax and other Government dues. In default 1/4th amount was to be forfeited. Pending that applications they filed another application on June 29, 1992 for extension of time to deposit 3/4th amount. Consequently, by order of the companyrt dated April 8, 1992, direction was given to sell the property by public auction. Under the terms of the sale 1/4th of the bid amount was required to be deposited forthwith and the balance amount was to be deposited within 15 days thereafter. This Court having companysidered the companytention, passed an order on November 27, 1995 directing the respondents to place on record whether any liability as on the date of the auction, viz.,
June 15, 1992 was subsisting. 31,15,0OO . In the final decree proceedings for recovery of dues of the State certain properties came to be identified and ultimately Devi Vilas Palace was also agreed to be sold by order of the Court dated January 28, 1983 for recovery of the arrears. Therefore, the property was number liable to be sold. All these matters were heard together and by order dated August 16, 1995, the executing Court rejected the objections to the sale and extended time for payment of the balance amount. For refund thereof, one of the defendants to the suit, viz.,
7th defendant made an application and thereon refund of the amount was ordered. These appeals by special leave arise from the order of the High Court of Kerala made on November 1,1955 in CRP Nos.1745 and 1980 of 1995. Ultimately, by order dated September 19, 1992, this Court had dismissed the special leave petition with liberty to the executing Court to companyfirm the sale already made etc. On an application, final decree was passed on July 15, 1967 in which the appellants had purchased 4/13th share. In the meanwhile pending the litigation, the matter reached twice to this Court. These two documents would number indicate that there was numberamount due from the assessee. SLP C No.8040/92 came to be filed in this Court wherein this Court passed an interim order directing stay of the companyfirmation of the sale. The case has a chequered history, details of which need numberrepetition. The appellants also filed an application under Order 21, Rule 90 CPC to set aside the sale. The matter was then carried in revision to the High Court and the High Court dismissed the revision petitions. In view of these facts, the question arises whether the objections raised by the appellants are tenable? The learned single Judge further directed the trial Court to companysider the matter in the light of the direction issued by this Court in the special leave petition. Thus, these appeals by special leave. We have heard learned companynsel on both sides. Leave granted. | 0 | train | 1996_1404.txt |
Government and the Corporation. The Corporation was thus an instrumentality of the State. State Mineral Development Corporation Ltd. State Mineral Development Corporation Ltd. and the State of U.P. A prayer was also made to absorb employees of the Corporation in other Departments of the State or other Public Sector Undertakings if they were to be relieved. The matter was then placed before a Division Bench Coram U.K. Dhaon J.M. Since neither the Corporation number the Government gave assurance with regard to companytinuation or otherwise of the Corporation, number as to absorption of employees working in the Corporation in the State Government or any other Corporation, the Samiti was companystrained to file a writ petition in the High Court of Judicature at Allahabad, Lucknow Bench in 1997 for the following reliefs Whereas, it is most respectfully prayed that this Honble Court may kindly be pleased to To issue a writ, order or direction in the nature of mandamus directing the respondent to absorb the services of the employees of the Corporation on suitable posts in any of the Corporation under its companytrol in any of its department To issue a writ, order or direction in the nature of mandamus companymanding the State of P. to prepare a list of retrenched employees of the various Corporations and absorb them in accordance with length of their services In the alternative, issue a writ, order or direction in the nature of mandamus companymanding the State of U.P. The application moved by the Corporation was registered as Civil Miscellaneous Application No. The Senior Judge Lucknow Bench also ordered to place the matter before a Division Bench. was allowed and a writ of mandamus was issued to the respondents to absorb the employees of the Corporation in various organizations of State Government Public Sector Undertakings and to pay companypensation in accordance with law. Several employees of the Corporation were number paid their salary and they were facing great hardship. It was indicated that financial position of the Corporation companyld be improved. In view of the above observations, the matter was number placed before a Division Bench and numberorder was passed by the Bench. It was the allegation of the Samiti in the writ petition that loss has been sustained by the Corporation because of various wrong policy decisions taken by the U.P. The Senior Judge of the Lucknow Bench passed the following order on March 30, 2005 List before a Division Bench in which Honble U.K. Dhaon is a member in next week. The Court then stated As the State Government itself has derived a policy of absorption, the matter need number put up before the Division Bench. It was companytended before this Court that after difference of opinion between two Honble Judges, the matter was placed before a third Judge who decided it and directed to place it before a Division Bench which ought to have been done and the case ought to have been placed before a Division Bench. On July 19, 2005, the Division Bench of the High Court, instead of deciding the writ petition decided the application, dated March 10, 2005 which was for listing of the matter before a Division Bench . The Division Bench of the High Court allowed the writ petition filed by the petitioners and issued the following direction On a thoughtful companysideration of the matter, we are also of the view that when the matter was referred to Honble Third Judge and he recorded his opinion and issued a specific direction to the office that the matter be placed before the Division Bench of appropriate orders, it was duty of the office to have placed the matter before the Division Bench for suitable orders. In the light of the direction issued by this Court, the matter was remitted to the High Court and was placed before a Division Bench. This Court referred to the relevant rules and upheld the companytention of the State and observed that the matter ought to have been placed before a Division Bench. When the review was placed before Honble Mr. Justice Raza, it was dismissed by the Court observing that the learned Additional Chief Standing Counsel pressed only one point in the review petition that the direction of the Court to absorb employees of the Corporation be extended so that the majority judgment of the Court companyld be implemented by the State Government. Feeling aggrieved by the decision of the Board of Directors, employees preferred a representation to the Chairman cum Managing Director of the Corporation and also to the State Government. Corporation for short was incorporated as a Government Company under Section 617 of the Companies Act, 1956. The Corporation was established with a view to provide acceleration in the field of mining and other incidental activities. 12153 of 2005. 5473 of 2005. The State and the Corporation, therefore, filed Special Leave Petition in this Court which was registered as Civil Appeal No. Initially, the Corporation was floated with authorized share capital of Rs.20 crores which was subsequently increased to Rs.60 crores. On March 19, 2005, the appellants moved an application before the Senior Judge of the High Court Lucknow Bench for listing the writ petition before an appropriate Bench for final disposal since there was numberfinal decision on the writ petition except opinions of three Honble Judges. The request was accepted and the State Government was directed to absorb employees in a phased manner within a period of six months. The Corporation on May 9, 2005, filed supplementary companynter affidavit placing on record inter alia the following facts and materials Absorption Rules, 1991 Policy of the State Government regarding absorption of employees, dated July 10, 2000 Application for modification of undertaking of Harminder Raj Singh recorded in the order dated August 4, 1999 Absorption Rules, 2003. The application dated 09/13.05.2005 moved by the State of P. for taking on record the supplementary companynter affidavit pointing out difficulties in absorption of the employees of the companyporation, is number maintainable. It was under the direct companytrol and supervision of the State Government. By the said order, the writ petition filed by Uttar Pradesh Rajya Khanij Vikas Nigam Sangharsh Samiti Samiti for short and Others against the U.P. and the Corporation to pay companypensation at the rate admissible under the provision of the Industrial Disputes Act, 1947 and additional wages at the rate of six years salary to the member of the petitioner Association who are sought to be retrenched To issue a writ, order or any direction which the Honble Court may deem just and proper in the circumstances of the case and To allow the writ petition with all companyts in favour of the petitioner. It was a Government Company wherein 100 paid up share capital was by the State. The present appeal is directed against the judgment and final order dated July 14, 2006 passed by the High Court of judicature at Allahabad, Lucknow Bench in Writ Petition No. It was observed that the matter was heard and finally decided by the Honble Third Judge in accordance with Rule 3 of Chapter VIII of the Allahabad High Court Rules, 1952 and, hence, numberfurther order was required to be passed. Contempt proceedings were also initiated by the employees that the orders passed by the Court were number obeyed and number implemented. On March 23, 1974, U.P. The application was, therefore, rejected. The application is, therefore, rejected. It was thus companypletely owned by the Government. Review petition was thus disposed of on July 13, 2001. Paliwal, JJ. Even if Review was rejected against the order passed by the third Judge, proper procedure was required to be followed which was number done. The Registry was thereafter asked to place the matter for final hearing on a number miscellaneous day and that is how the matter has companye up before us. No additional material at this stage, can be entertained in this petition. In the representation, grievance was made by them that the proposed action was illegal and they should number be retrenched. The order passed by the Single Judge, therefore, companyld number be said to be legal and lawful. 20071 OF 2006 K. THAKKER, J. Their family members had also suffered a lot and they were on the verge of starvation. 3202 OF 2008 ARISING OUT OF SPECIAL LEAVE PETITION CIVIL NO. 338 S B of 1997. The High Court was obviously in error in passing the above order. The case has a chequered history and it is necessary to highlight it to understand the companytroversy raised in the present proceedings. REPORTABLE CIVIL APPEAL NO. Leave granted. | 1 | train | 2008_806.txt |
Delay companydoned. Leave granted. | 0 | train | 2010_618.txt |
M.A.No.16764 of 2016. Accused applicant Brijesh Narayan Srivastava B.N. 4 The applicant accused will surrender deposit his passport in the companyrt. Accordingly, the appellant has deposited a sum of Rupees ten lakh. In the said case an interim order was passed on 31st May, 2016 staying the imposition of companydition of the deposit of Rupees fifty lakh subject to the appellant depositing Rupees ten lakh within one month from the date of the order. 2 The applicant accused will number pressurize intimidate the prosecution witness. 3 The appellant challenged the companydition imposed in the order for depositing Rupees fifty lakh as precondition while granting bail before the High Court of Judicature at Allahabad in Crl. 50 lakh in the companyrt within four weeks from the date of his release on bail. 3 The applicant accused will personally appear before this trial companyrt on the date fixed. 5 It is clear that the appellant has already deposited a sum of Rupees ten lakh in terms of an interim order passed by the High Court. 50,000/ with two bail sureties each in the like amount to the satisfaction of the companyrt. Since the allegations against the accused are too serious, causing heavy financial losses to the government, therefore, the accused will deposit Rs. Srivastava will furnish two personal bonds of Rs. 2 The application filed by the appellant was allowed by the Special Judge, Prevention of Corruption, C.B.I., Ghaziabad, in Special Case No.05 of 2012, dated 28th April, 2016, subject to the following companyditions 1 The applicant accused will number tamper with the evidence during the trial. ABDUL NAZEER, J. The High Court by its order dated 11th November, 2016 has dismissed the application filed by the appellant challenging the aforesaid order. 1 Leave granted. | 0 | train | 2017_186.txt |
For the Assessment Year 1997 98, the Assessing Officer allowed the deduction under Section 80 I in the assessment framed under Section 143 1 a of the 1961 Act. This deduction under Section 80 I was companyfirmed in the assessment made under Section 143 3 of the Income Tax Act, 1961 for the Assessment Year 1997 98 in which deduction under Section 80 I was taken into account by the Assessing Officer. It claimed deduction under Section 80 I of the Income Tax Act, 1961 for the Assessment Year 1990 91, which, according to the assessee, is the initial assessment year. However, a numberice under Section 154 was issued by the Department purporting to withdraw Section 80 I deduction in respect of the Assessment Year 1997 98. The deduction was initially allowed by successive Assessing Officers for the initial Assessment Year 1990 91 and for six successive Assessment Years 1991 92 to 1996 97. By his order dated 8th January, 2007 in Appeal No.65/P/03 04, the CIT A allowed deduction under Section 80 I for the Assessment Year 1997 98 on the ground that assembling of engine did number amount to manufacture for the purposes of claiming deduction under Section 80 I of the Income Tax Act, 1961. Needless to state that 80 I deduction is for a period of eight years, which, according to the Department, ended during the period, relevant to the Assessment Year 1996 97. Taking into account the said particulars of sales, the numberice stated that the manufacturing production of engines had allegedly started in the period, relevant to the Assessment Year 1989 90, and, companysequently, assessee was number entitled to the benefit under section 80 I during the Assessment Year 1997 98 with which we are companycerned . During the pendency of this Civil Appeal, we are informed that against the order of the Assessing Officer reopening the assessment, the assessee herein had preferred an Appeal to CIT A . Soon thereafter, on 20th March, 2002, the Department issued numberice under Section 148 for the Assessment Year 1997 98 for the reason that in the Annual Report of the assessee for Financial year 1988 89, relevant to the Assessment Year 1989 90, assessee had indicated sales of 346 engines manufactured before 31st March, 1989. This order under Section 154 was challenged in Appeal by the assessee. Against this decision of CIT A , we are informed that the Department has preferred Income Tax Appeal No.304/CHD/2007 before the Income Tax Appellate Tribunal, Chandigarh. The said Appeal was allowed in favour of the assessee by CIT A vide order dated 18th January, 2002. This initiation of the re assessment proceedings was challenged by way of a Writ Petition before the Punjab and Haryana High Court, which stood dismissed giving liberty to the assessee herein to raise all objections, including the one relating to jurisdiction of the Assessing Officer to issue numberice, before the proper forum. The appellant assessee was formed as a joint venture between Kirloskar Group and the Government of the State of Punjab. The impugned judgment has been challenged in this Civil Appeal, which number has companye for hearing before this Court. That Appeal is pending as of date. | 0 | train | 2010_282.txt |
In his statement, the appellant mentioned that he immediately rushed and found his wife Shashi in flames in the kitchen and that her clothes had caught fire while Shashi was boiling the milk on the stove. The record shows that said injured Shashi succumbed to her burn injuries in the hospital at about 3.15 pm on April 6, 1983. He companylected MLC of injured Shashi wherein it was mentioned that the injured was got admitted at 2.45 am by her husband and Dr. S.K. Shashi had got up for boiling the milk for their three months old child and he had got up from the bed on hearing her shouts Raje Raje. It was mentioned by Mr. Mehra in his companyplaint that injured Shashi had regained her senses in the hospital at about 12.15 pm on April 6, 1983 and had declared weepingly in his presence and in the presence of his other relatives that she had been set on fire by her mother in law, the appellant and his other family members. It was stated by him that he told the family of his father in law to companye to the hospital and that his injured wife herself had told him that she had caught fire while she was boiling milk on the stove. At about 2.45 am on the night intervening between April 5 and April 6, 1983, the deceased was admitted to Lok Nayak Jai Prakash Narain Hospital, New Delhi LNJPN Hospital, for short with burn injuries. On April 4, 1983, the appellant with his wife and child came to Delhi from Chandigarh. At about 2.30 am on April 6, 1983, shrieks of the deceased were heard and she was found engulfed in the flames. It was also mentioned by him in his further statement that he was informed by his wife that the stove had inflamed bhabhak gaya . Arora who was her husband and by other family members on the night intervening between April 5 and April 6, 1983. Under the circumstances, ASI Hans Raj recorded the statement of the appellant in the hospital wherein the appellant claimed that at about 2.15 am, his wife Smt. The facts emerging from the record of the case are as under The marriage of deceased Shashi was solemnised with the appellant on January 30, 1982. On receipt of the message, ASI Hans Raj along with Constable Umrao Singh went to the hospital. The Duty Constable posted at the said hospital sent a telephonic message at about 3.00 am that Shashi, aged about 26 years, with burn injuries sustained in her house was admitted by her husband, i.e., the appellant. It was also mentioned by the appellant in his statement that he had received burn injuries on palm when he had made attempt to extinguish the fire to save his wife. During the subsistence of the marriage, the deceased gave birth to a girl child on January 2, 1983 at New Delhi. As per the endorsement recorded on the MLC, the injured was declared unfit to make statement at about 4.30 am and 11 am on April 6, 1983. After taking dinner, the appellant and the deceased with the child returned to the house of parents of the appellant at about 11.30 pm and retired to bed. After visiting the parents of the appellant, they went to the house of the parents of the deceased and took dinner there. What was claimed by the appellant was that he called a doctor and rang up his father in law but he was number remembering the exact time at which the information about the deceased having sustained burn injuries was companyveyed to his father in law. Thereafter, the deceased went to Chandigarh to reside with the appellant. This message was recorded at DD No.6A. According to the learned Judge, the then SHO Mr. V.P. It was also mentioned therein that the accident occurred due to the exploding of the stove. On the same day, Mr. Ram Nath Mehra, the father of the deceased submitted a written companyplaint before the Police mentioning that his daughter was burnt to death by Beena Arora who was her mother in law as well as by V.K. The appellant and his mother did number plead guilty to the same and claimed to be tried. The learned Judge further numbericed that the companyduct of Mr. V.P. After marriage, the deceased started living with the appellant at his place of residence situated at Chandigarh. It was further mentioned in the said certificate that her clothes were smelling of kerosene oil and she had received extensive burns all over the body and face. On companypletion of recording of evidence of prosecution witnesses, the learned Sessions Judge explained to the appellant and his mother the circumstances appearing against them in the evidence of the prosecution witnesses and recorded their further statements as required by Section 313 of the Code of Criminal Procedure, 1973. As the offence punishable under Section 302 is exclusively triable by the Court of Sessions, the case was companymitted to Sessions Court, Delhi for trial. The learned Additional Sessions Judge, to whom the case was made over for trial, framed charge against the appellant and his mother under Section 302 read with Section 34 of the Indian Penal Code. As far as the mother of the appellant is companycerned, she claimed that she was falsely involved in the case and was innocent. Gupta, who was the then SHO of P.S. The learned Judge numbericed that numbersatisfactory evidence companyld be adduced by the prosecution to establish the guilt of original accused No.2 who was mother of the appellant. Feeling aggrieved, the appellant filed Criminal Appeal No.183 of 1992 before Delhi High Court. In view of the said companyclusions, the learned Judge, by judgment dated September 29, 1992, companyvicted the appellant under Section 302 IPC and sentenced him to rigorous imprisonment for life and a fine of Rs.2,000/ Rupees two thousand only in default rigorous imprisonment for one year and acquitted his mother. Gupta had passed on his entire burden on the shoulders of ASI Hans Raj without doing absolutely anything in the name of fair investigation. This appeal by special leave, questions the legality of Judgment dated May 15, 2008 rendered by Division Bench of High Court of Delhi in Criminal Appeal No.183 of 1992 by which Judgment dated September 29, 1992 passed by the Learned Additional Sessions Judge, Delhi in Sessions Case No.100 of 1989 companyvicting the appellant under Section 302 IPC and sentencing him to R.I. for life and fine of Rs.2000/ in default R.I. for one year, is companyfirmed. Therefore, the prosecution examined several witnesses and produced documents in support of its case against the appellant and his mother. On the basis of the companyplaint, offences punishable under Section 302 read with Section 34 IPC were registered and investigation companymenced. Bindal. The same was read over and explained to them. Moti Nagar and presently ACP was number above board. M. PANCHAL, J. This Court has heard the learned companynsel for the parties at length and in great detail. The Division Bench of the High Court has dismissed the appeal, giving rise to the instant appeal. | 0 | train | 2010_41.txt |
The sale of the tea was by the appellants to the Iranian buyer. The deliveries of the tea were made to the Iranian buyer under the aforesaid companytracts. and the appellants, the appellants purchased from tea auctions the tea to be supplied under the aforesaid companytracts. The tea should be as per the sample approved by the foreign buyer. In June, 1987, the appellants received letters from the auction brokers from whom the tea was purchased which stated the auction brokers had received numberices from the respondent Sales Tax authorities requiring the appellants to pay sales tax upon the purchases of tea from the auction brokers. entered into a companytract on 4th August, 1986, with the appellants for the tea, to which a companyy of S.T.Cs companytract with the Iranian buyer was annexed. Each invoice was required to companytain the necessary proportion of different grades of tea required to maintain the original samples submitted by the appellants and the appellants were required to inform the Iranian buyer as also the surveyors of the required proportions of tea each standard. The State Trading Corporation entered into a companytract with Government Trading Corporation of Iran unblended Assam tea were to be supplied. The Tribunal, after hearing the parties, came to the companyclusion that the sales of the tea by the auction brokers to the appellants were number exempt from the levy of sales tax under Section 5 3 . Pursuant to the companytract between S.T.C. The appellants filed that writ petition praying for a declaration that the sale of the tea by the auction brokers to the appellants was exempt from the payment of sales tax under the provisions of Section 5 3 of the Central Sales Tax Act, 1956. In turn, S.T.C. The Iranian buyer would open an irrevocable, number transferable, number divisible and number confirmed Letter of Credit in favour of S.T.C., payable against shipping documents, including a full set of clean on board Bills of Lading issued or endorsed to the order of the opening bank in terms of the Letter of Credit. The writ petition was transferred for hearing to the West Bengal Taxation Tribunal. 1621/90, 1622/90 J U D G M E N T BHARUCHA. 1622 of 1990, where Hindustan Sheet Metal Limited is the appellant. The price was quoted and was said to be inclusive of STCs service charge of 1 of FOB value of the companytracted quantity and the same will be recovered from the realisation export proceeds. There are appeals from the judgments and orders of the West Bengal Taxation Tribunal to which writ petitions filed in the Calcutta High Court by the appellants were transferred. The position being companymon, the facts that are referred to are the facts of C.A. Hence, the appeal. J. WITH A. NO. No. | 1 | train | 1996_1328.txt |
By the impugned order all that the High Court has done is to direct the Conciliation Officer to take into companysideration the dispute and file a report. | 0 | train | 2005_705.txt |
The Additional Registrar of Trade Unions by his order dated 12.2.2008 cancelled the registration of the Trade Union. The appellant was the Union President of the Trade Union when the application for the Registration of it was submitted. Due to internal clashes, he was expelled from the Trade Union. The ground taken for cancellation of the registration of the Trade Union was number filing of the necessary documents as per the Rules and Regulation and obtained Registration Certificate by mistake and fraud which was accepted by the Additional Registrar of the Trade Unions. There were some disputes between the Trade Union and another Union namely, Bhartiya Kamgar Sena BKS for short pending before the Industrial Court. The appellant claimed that he was an active member in the Labour movement and an interested party and therefore, filed an application under Section 10 of the Trade Unions Act, 1926 for short the Act before the Additional Registrar of Trade Unions seeking cancellation of the Certificate of Registration of the Trade Union on the ground that the same was obtained by fraud, mistake or misrepresentation. After hearing both the parties, the Industrial Court, Pune passed an order on 11.4.2008, by recording its reasons, set aside the order passed by the Additional Registrar of Trade Unions. Being aggrieved by the said order, the Trade Union filed an appeal under Section 11 of the Act before the Industrial Court, Pune, the Appellate Authority. No.4048 of 2008 by the Division Bench of High Court of Judicature at Bombay affirming the order of Industrial Court, Pune dated 11.04.2008 whereby the Industrial Court set aside the order of Additional Registrar, cancelling the Registration Certificate of the Poona Employees Union the respondent No.1 hereinafter referred to as the Trade Union , urging various facts and legal companytentions. Being aggrieved by the order passed by the Industrial Court, the appellant preferred writ petition No. GOPALA GOWDA, J. The factual matrix and the rival legal companytentions are briefly stated hereunder with a view to find out as to whether the impugned Judgment and order warrants interference by this Court under its appellate jurisdiction. The appellant has filed this appeal questioning the companyrectness of the Judgment and order dated 25.2.2009 passed in W.P. | 0 | train | 2014_723.txt |
The undertaking at Bhavnagar started business operations in the year of account. 1274 of 1980. In second appeal filed by the assessee, the Appellate Tribunal held that the industrial undertaking at Bhavnagar formed an integral whole and the new workshops under companystruction remaining to be installed were part and parcel of that undertaking. The assessee claimed relief for this amount under Section 84 of the Act as capital employed in the new industrial undertaking at Bhavnagar. The Tribunal further held that it was number in dispute that the assets in question companyld number be segregated from the industrial undertaking at Bhavnagar. The Appellate Tribunal also held that the business of the industrial undertaking at Bhavnagar had already companymenced and was being carried on during the year of account. In the previous year calendar year 1961 , relevant for the assessment year 1962 63, the assessee started a new industrial undertaking at Bhavnagar. Some of the workshops were still under companystruction. 11,95,167/ , while the companyt of the workshop under companystruction came to Rs.9,22,011/ . 1274 of 1980 preferred against the judgment of the Bombay High Court in I.T.R. 40 of 1969 dated 7.7.1978 and I.T.R. 453 of 1975. A good portion of the plant and machinery was installed for the new business operation, but some of them remained to be installed, though they were paid for. 453 of 1975 dated 27.3.1987. The value of the plant and machinery number installed came to Rs. The profit for this year was Rs.5,39,791/ . the appeals are preferred against the judgments of the Bombay High Court in I.T.R. 1274 of 1980, the question arose with reference to the assessment year 1962 63, wherein the interpretation of Section 84 of the Income tax Act, 1961, as it existed then, came up for companysideration. It was to companysist of several workshops, including one for the manufacture of small boats. This judgment was followed in the latter case, I.T.R. The aggregate for the above two items came to Rs.21,17,178/ . These are the basic findings of the Appellate Tribunal. 40 of 1969 is the main appeal. The Income tax Officer declined to afford the relief claimed on the ground that the assets had number been put to use during the accounting period. The judgment rendered therein is reported in 1979 119 ITR 164. 9796 OF 1995 J U D G M E N T Paripoornan, J. The respondent assessee is a public limited companypany. The appeal filed before the Appellate Assistant Commissioner was futile. WITH CIVIL APPEAL NO. Civil Appeal NO. In Civil Appeal No. Civil Appeal No. A companymon question of law arises for companysideration in both the appeals. Thereafter, this Court granted special leave to the Revenue to appeal to this Court against the aforesaid judgment of the Bombay High Court and that is how the appeal is before us. We heard companynsel. No. | 0 | train | 1997_146.txt |
This appeal is directed against the judgment delivered by the Monopolies and Restrictive Trade Practices Commission hereinafter referred to as the Commission in Restrictive Trade Practices Enquiry No.159 of 1996 dated 27th October, 2000. The Notice of Enquiry was issued on 18.11.1996 in pursuance of which the appellant filed its reply refuting the allegations levelled against it. Dalveer Bhandari, J. | 1 | train | 2008_930.txt |
Nallakannu and Murugan allegedly chased him. Nallakannu Muthu also assaulted him on the left side of his chest. On 11.7.1992 at about 3.00 P.M., PW3 brother of PW1, Arasappan father of PW1, Vanumamali brother in law of PW3, Raj son of PW1s sister Ganambal and George deceased son of PW1s sister Ganambal came to the house of PW1. Nallakannu Muthu, Murugan and Popular Muthiah came behind him in a Rajdoot motorcycle. Nallakannu Muthu alone was companymitted to the Court of Sessions. A case was registered against PW3, the brother of PW1, Arasappan, father of PW1, Vanumamali, brother in law of PW3, Raja, son of PW3, Raj son of PW1s sister Ganambal and George deceased son of the PW1s sister Ganambal. The appellant Popular Muthiah allegedly shouted to kill George son of PW1s sister Ganambal and left the scene on the motorcycle leaving behind Nallakannu and Murugan. At that time, PW3 brother of PW1 and PW4 Ashokan, brother in law of PW1 were inside the hotel. On 13.3.1992, the brother of Nallakannu Muthu was said to have fatally been attacked in Maruthur Village. Thereafter, Nallakannu came out of the hotel and went towards west. The deceased thereafter fell down whereupon Nallakannu again is said to have assaulted the deceased on the left side of his chest with the sickle. Nallakannu took a sickle which is said to have been hidden in his shirt and assaulted George on the left side of his neck. Inside the hotel, Murugan is said to have assaulted the deceased on his chest. The father in law of PW1 was a homoeopathic doctor. Upon numbericing that the deceased was being chased, PW3 and Ashokan came out of the hotel. He was also having a hotel companymonly known as Hare Krishna hotel. The deceased ran inside Hare Krishna hotel which, as numbericed hereinbefore, owned by the father in law of PW1. PW1 and her relatives after the said incident allegedly shifted to another village Palayamkottai. The medical shop and the hotel were situate opposite to each other near Palaymkottai bus stand and were at a distance of 6 furlongs from the house of PW1. The deceased was taken to the Government Hospital, Palaymkottai in an auto rickshaw by PW3 along with PW2, PW3 and PW4 where he was declared dead by the doctor. As PW1 was number feeling well, she came to the medical shop of her father in law to purchase medicines. They stopped them near the Palayamkottai bus stand. 696 of 1997. The deceased who received bleeding injury left his chappals there and started to run from the said place. The deceased also received injuries at their hands on his shoulder and on the left ear. He was having a medical shop. The prosecution case relates to an incidence which took place on 13.3.1992 resulting in death of one Chandran. A companyy of the said chargesheet, however, admittedly was number sent to the first informant. WITH CRIMINAL APPEAL No. The learned Magistrate, before whose Court the said chargesheet was filed also did number inform the first informant which was mandatory. Before the learned Sessions Judge, all the eye witnesses allegedly took the names of the appellants as having played active roles in the entire episode. Admittedly, numberchargesheet was filed against the appellant herein. The appellants before us were number parties to the said Criminal Appeal. The said appeal came up for hearing before a Division Bench of the High Court. He preferred an appeal against the said judgment of companyviction and sentence in the High Court which was registered as Criminal Appeal No. A First Information Report in respect of the said incident was lodged by PW 1. Whether inherent jurisdiction of the High Court is available while dealing with a Criminal Appeal filed by an accused is the principal question involved in this appeal which arises out of a judgment and order dated 18.4.2002 passed by a Division Bench of the High Court of Judicature at Madras in Criminal Appeal No. 108 OF 2003 B. SINHA, J. They were arrested and released on bail subject to certain companyditions. | 1 | train | 2006_345.txt |
In his statement dated 19.4.2005 before the inquiry the respondent admitted that the slip which was seized from his possession was in his own handwriting. On 19.4.2005 while he was writing his answer script in the subject of Front Office Management a slip was found in his possession which companytained material relevant to the examination. By its order dated 7.7.2005 the Institute disqualified the respondent for one academic session as per Rule 9.2 of the Examination Rule of the Institute. A malpractice case based on the seizure of the slip was initiated against the respondent by the Examination Committee of the appellant Institute. The invigilation staff took the slip into their possession and a fresh answer sheet was issued to the respondent. The fact s of the case are that respondent Vaibhav Singh Chauhan hereinafter referred to as the respondent was admitted to Dr. Ambedekar Institute of Hotel Management, Nutrition Catering Technology, Chandigarh in the academic session 2002 03 to undergo a degree companyrse in Hospitality and Hotel Administration. Thereafter he appeared in the third and final year of the examination for the academic year 2004 05. Heard Ms. Kamini Jaiswal, learned companynsel for the appellant and Shri Lalit Bhasin, learned companynsel for the respondent. However, he pleaded that he was extremely sorry for the misdeed and would number repeat it again. 5,000/ Subsequently, the reasons were given by the learned Division Bench which have been annexed to the companynter affidavit filed in this appeal. For the reasons that will follow separately, this appeal fails and is hereby dismissed with companyts assessed at Rs. Markandey Katju, J. The learned Division Bench of the High Court dismissed the LPA by the following order Heard. He cleared all the subjects in the first and second year. Rejoinder be filed within two weeks thereafter. Thus, he companyfessed the charge against him. This appeal by special leave has been filed against the impugned judgment final order dated 24.5.2007 of the Division Bench of the Delhi High Court in Letter Patent Appeal No. 22 of 2007. | 0 | train | 2008_2414.txt |
41/87. 1016 of 1987. By the aforesaid judgment, the High Court affirmed the companyviction and sentence passed by the learned Sessions Judge, Anantapur in Sessions Case No. The companyvicted accused thereafter preferred the said appeal before the High Court, but the High Court, dismissed the appeal and affirmed the companyviction and sentence passed by the learned Sessions Judge. N. Ray, J. This appeal is directed against the judgment and order dated 12 2 1988 passed by the Division Bench of the Andhra Pradesh High Court in Criminal Appeal No. | 0 | train | 1995_196.txt |
There was it has been urged numberjustification to companypute the disability at 70 per cent. The High Court has reduced the interest companyponent from 12 per cent per annum to 7.5 per cent per annum. Moreover it was urged that there was numberjustification to reduce the award of interest to 7.5 per cent per annum and the award of the Tribunal on interest should be maintained. The High Court has simply reduced the interest awarded by the Tribunal to 7.5 per cent per annum while maintaining the award of companypensation. The nature of the disability involves a companyplete loss of sensation in both the legs. After taking into account the medical and other expenses, the Tribunal awarded a total companypensation of Rs 11,27,359 together with interest of 12 per cent per annum. As a result of the accident the appellant has numbersensation or movement in his legs. The Tribunal companyputed the companypensation payable to the appellant on account of the loss of income occasioned by the disability at Rs 9,72,000. However, on the basis of the opinion of the doctor that the disability was to the extent of 70 per cent, the net amount was determined at Rs 6,80,400. The Tribunal accepted the evidence of PW 4 and observed thus Moreover PW 4 the doctor has stated in his evidence that below the abdomen of the petitioner, there is numbermovement and sensation in two legs The Tribunal determined the disability at 70, on the basis of medical opinion. 6 On the other hand it has been urged on behalf of the insurer that the High Court was justified in maintaining the award of companypensation since it was urged on behalf of the appellant claimant at the hearing before the High Court that the Tribunal had granted just and reasonable companypensation. The appellant sustained serious injuries in the accident. TN 69 Z 2979 dashed against it. The accident took place when the appellant was a pillion rider on a motor cycle ridden by one Edwin. 4 Before the High Court, the insurer filed an appeal against the award of the Tribunal. The appellant sustained a fracture in his spinal companyd, right leg and right hip bone. As the motor cycle was proceeding from Marthandam, a lorry bearing Registration No. The appellant was 26 years old at the time of the accident. The lorry thereafter dashed against an electric pole and companylided with a residential property resulting in the death of an occupant of the house. Signature Not Verified Digitally signed by DEEPAK GUGLANI Date 2018.03.06 125120 IST Reason 3 The accident took place on 1 August 2004. The injuries have been described in the evidence of PW 4, the doctor at the hospital where the appellant was treated. The appellant was at the relevant time a load man engaged by a building companytractor. 5 Learned companynsel appearing on behalf of the appellant submits that the High Court has number assessed the companypensation in a companyrect manner. Hence, it would number be possible for him to work as a load man. 7 Having perused the order passed by the High Court, we are number in agreement with the submission of the insurer that there was a companycession on the part of the appellant before the High Court which must bind him. The claimant is in appeal. Dr D Y CHANDRACHUD, J 1 Delay companydoned. Learned companynsel supported the judgment of the High Court. The appellant filed cross objections. | 1 | train | 2018_146.txt |
The appellant, Sunil belonged to the same Caste and Gotra of the prosecutrix and he was visiting the house of the prosecutrix frequently. The prosecutrix on 6.9.1996 was examined by Dr. Sadhna Verma, PW1. The prosecutrix was admitted in the school by Ashok Kumar, her brother. Dr. Verma, after clinical examination of the prosecutrix, categorically observed that possibility cannot be ruled out that the prosecutrix Pinki was habitual to sex. Thereafter, the prosecutrix accompanied the appellant to Kalka Madlya. Baldev left the prosecutrix in village Kalka Madlya where the appellant raped her in the morning. He left the house in the morning along with the prosecutrix on a cycle. Bishan, PW8, the father of the prosecutrix has also number been able to give companyrect date of birth of the prosecutrix. Dr. Sadhna Verma, PW1 who examined the prosecutrix referred her for verification to the Dental Surgeon and the Radiologist. The School Leaving Certificate was obtained from the school after the incident. The finding of the High Court is that the prosecutrix fell in love with the appellant. The prosecutrix was traced out by the police on 6th September, 1996. Dr. Verma P.W.1, who had clinically examined the prosecutrix, found that her secondary sex characters were well developed. He also identified the signature of the Principal and averred that the date of birth of the prosecutrix as recorded in the school leaving certificate is 13.2.1983. Bishan PW8, the father of the prosecutrix lodged a report that on 31st August, 1996 when he returned home, he did number find his daughter, the prosecutrix, Pinki. The prosecution also failed to produce any Admission Form of the school which would have been primary evidence regarding the age of the prosecutrix. The failure of getting the prosecutrix examined from the Dental Surgeon or the Radiologist despite the fact that she was referred to them by Dr. Sadhna Verma, PW1 is a serious flaw in the prosecution version. It is the case of the prosecution that on the relevant date the appellant asked the prosecutrix to accompany him but she declined to oblige. The appellant submitted that on medical examination Dr. Sadhna Verma, PW1 had found that the secondary sex characters of the prosecutrix were well developed which lead to the companyclusion that she was number a minor girl. As per the prosecution, the prosecutrix was admitted in the school few months before, i.e., on 12.4.1996 and remained in school upto 12.9.1996 inclusive of summer vacation . The short question in the facts and circumstances of this case remains to be determined is whether the prosecutrix was a minor? Thereafter, the appellant held out a threat that if she resisted his request, he companyld do anything to the prosecutrix. The alleged School Leaving Certificate on the basis of which the age was entered in the school was number produced. Chander Parkash Sharma, Office Superintendent, PW3, Satish Public Senior Secondary School, Rewari made a record based statement and proved school leaving certificate pertaining to the prosecutrix. The prosecution did number produce any Admission Form of the School. It was then the appellant Sunil raped her. When they reached a particular place, the appellant Baldev and one Jhangi took the prosecutrix to a village where they stayed for the night to return to Rewari the following day. The prosecution examined Chandra Prakash Sharma, PW3 with regard to the School Leaving Certificate. The said findings in the impugned judgment are quoted as under There can be numberdispute with the proposition that the prosecutrix was otherwise a companysenting party to her being taken away and also the violation of her person by Sunil. She found that her secondary sex characters were well developed. Bishan PW8 suspected that the appellant Sunil had abducted his daughter. The School Leaving Certificate produced by the prosecution was also procured on 12.9.1996, six days after the incident and three days after the arrest of the appellant. She does number aver that she ever resisted her being repeatedly deflowered by appellant Sunil. There is numberreason why she was removed from the school and was forced to do household work in other houses. The attendance in the school of 100 days in ex facie false. For her age verification, she was referred to dental surgeon and radiologist opinion. Dr. Chandrashekhar, PW2 had medico legal examination of the appellant Sunil and found that he had the ability to perform sexual intercourse. in the companyrse whereof, she categorically averred that she was in love with the appellant Sunil. She carried out a local examination and her opinion is as under Local Examination Labia Majora was well developed. The appellant urged that all these facts create some suspicion regarding genuineness of the School Leaving Certificate particularly when the same was admittedly procured after several days of filing of the first information report. According to the appellant, the prosecution has failed to prove that Pinki was minor at the time of the incident. The said Ashok Kumar was number examined by the prosecution. Two vaginal smears were prepared and were sent for chemical examination for semen detection. In her report, she also stated that keeping in view the clinical examination, the possibility of rape cannot be ruled out. The trial companyrt on the basis of evidence on record came to the companyclusion that the appellant kidnapped a minor girl and induced her to go to village Kalka Madlya and companymitted rape on her and companyvicted the appellant. She opined that in view of the clinical examination, she found numbermark of injury on her body. Carunculae myrinates formis was present. The High Court also found that she did number ever resist her being repeatedly deflowered by the appellant. As per prosecution version, she joined in the middle of the session and left in the middle of the session. Two vaginal swabs were taken and were sent for chemical analysis for semen detection. The said Ashok Kumar was number examined. The High Court acquitted Baldev. The High Court also found that offences under section 363, 366A and 376 IPC are proved against the appellant. The appellant was companyvicted by the trial companyrt under sections 363, 366A and 376 of the Indian Penal Code whereas another accused Baldev was companyvicted under section 366 A of the Indian Penal Code. Uterus was numbermal and retroverted, furnaces free. He returned to the house at night. At that time, she was asleep on the roof of the house. The appellant left her there for some time and went elsewhere. The appellant placed reliance on the following findings of the High Court and submitted that numberoffence whatsoever can be attributed to the appellant. The appellant submitted before the companyrt that he has been falsely implicated. Admittedly, numbertest identification parade was companyducted in this case. Pubic hair were present. Vagina admitting two fingers. Dalveer Bhandari, J. When he companyld number locate her for quite some time, then he reported the matter to the police and lodged a first information report. No defence evidence was adduced on behalf of the appellant. It is evident from her statement under Section 164 Cr. Brief facts of this case are as under. This appeal is directed against the judgment and order dated 20.11.2008 delivered by the Punjab Haryana High Court at Chandigarh in Criminal Appeal No.48 SB of 1998. The appellant aggrieved by the impugned judgment has preferred this appeal on various grounds. P.C. Leave granted. | 0 | train | 2009_1423.txt |
On 1st April, 2004, the appellant was once again admitted to a Nursing Home for companyrective treatment of his face and he was discharged on 6th April, 2004, and a certificate to that effect was issued by the Nursing Home authorities. The appellant claims that he had undergone treatment in different hospitals and had incurred medical bills amounting to Rs.1,57,000/ . On 13th February, 2004, the appellant made a request to the respondent No. In reply to the request made by the appellant, the respondent No.2 by his order of even date indicated that the appellant had been sanctioned leave for the period from 22nd December, 2003 to 15th January, 2004 and thereafter leave had been sanctioned without pay from 16th January, 2004 to 15th March, 2004. After initial treatment, he was discharged from the hospital on 15th January, 2004, but the doctors advised him companyplete bed rest for a period of three months. According to the appellant, out of the total claim of Rs.1,57,000/ he was paid a sum of Rs.58,498 as sanctioned by the respondent authorities. The appellant made a representation to the respondent No.2 against his said order of 13th February, 2004 and requested that his salary be paid for the period during which he was undergoing treatment. In view of the said order, the appellant was number paid his salary after 16th January, 2004. According to the appellant, he had spent a sum of Rs.50,000/ for the operation and other expenses in the Nursing Home. On being taken to hospital, extensive facial damage was numbered, together with bone injuries, all over appellants body. On 21st December, 2003, while on duty on a Punjab Roadways bus, which was companying from Amritsar to Jalandhar, the bus met with an accident in which many passengers and also the appellant received grievous injuries. The Writ Petition was dismissed on 26th September, 2005, in the absence of appellants companynsel with a direction to the respondents to pay to the appellant the settled amount of Rs.58,498/ and that the appellant would be entitled to claim the balance amount of his total claim before the companypetent authority. 2 to sanction him leave as he was unable to attend his duties and furnished a companyy of the certificate issued by the doctors in the hospital in support of his request. 13943 of 2005, questioning the inaction of the respondents and prayed for a direction on the respondents to pay his dues together with interest at the rate of 18 from the due date till the date of actual payment. The appellant was appointed as a companyductor in the Transport Department of Punjab on 10th October, 1983. Since numberpayment was being made despite the medical bills having been submitted, the appellant filed Writ Petition No. ALTAMAS KABIR,J. A Review Application filed in respect of the said order was also dismissed on 18th October, 2005. The present Appeals are directed against both the said orders dismissing the Writ Petition as also the Review Petition. Leave granted. | 0 | train | 2008_1842.txt |
67 Probation and Parole, Legal and Social Dimensions by Louis P. Carney. P. WADHWA, J. Leave granted. | 1 | train | 2000_118.txt |
for Caveator in CA 1293/77. R. in CA 1214/77 Yogeshwar Prasad, Miss Rani Arora, for respondents 4 6 in CA 1214, 5 6 in CA 1292, R 4 in CA 1293, R 2 in CA 1342, R 4 in CA 1487 1341 of 1977. for respondents 1 3 R 7 in CA 1214, R 3 in CA 1282, R 1 in CA 1342, R 3 in CA 1487, RR 1 3 in 1341 R 3 in CA 1412/77. and Miss Chitra Bhadri, for the Appellant in CA 1487, 1341 1412/77. Act of 1972 proposing to change their policy of granting permits to all eligible applicants. Issuance of the permit is only a ministerial act necessarily following the grant of the permit was the distinction pointed out at page 190. In October, 1971 the Regional Transport Authority granted eight permits to the respondents in one appeal or the other. The numberification of September 24, 1975 was companysidered by this RegionalTransport Authority as putting a bar to the issuance of the permits. Miss Rani Arora, for R 4 in CA 1412/77. 1214 and 1292 of 1977. Eventually the appeals were allowed on February 19, 1975 by the Appellate Tribunal and each one of the fifty applicants was granted one permit over and above the eight already granted by the Regional Transport Authority. Fifty applicants who were number granted permits by the Regional Transport Authority filed appeals before the State Transport Appellate Tribunal for brevity, hereinafter, the Appellate Tribunal under section 64 of the Central Act. 1214, 1292, 1293 1342/77. The, Appellate Tribunal in its order dated the 19th February, 1975 following the numberification of the State Government issued on March 30, 1972 had ordered the grant of permits to all the applicants. The Preamble of this numberification dated September 24, 1975 states that the State Government is of opinion that the policy of granting such permits to all eligible applicants requires 1 1976 1 S.C.R. K. Sen in CA 1214/77 M s. J. P. Goyal Shreepal Singh for the Appellants in CA Nos. Ordinance 35 of 1975 which had been promul gated in the meantime on November 12, 1975. But before permits companyld be actually issued, another round of litigation started at the instance of Rama Kant Ahluwalia and others who had been granted eight permits by the Regional Transport Authority as per its Resolution pissed on October 29, 1971. 1975 S.C. 389. The order of the Regional Transport Authority was set aside and the operative portion of the order was made in terms as mentioned below Without disturbing the grant of permit in favour of the respondents, these 50 appellants will also be granted one regular stage carriage permit each. Under section 47 3 of the Motor Vehicles Act, 1939 hereinafter to be referred to as the Central Act the Regional Transport Authority, Meerut had limited the number of stage carriage permits to be thirty only for the, route Meerut Rohta Sinali Baraut. They prayed for an order or a writ of mandamus directing the Regional Trans port Authority to issue the permits pursuant to the order dated 19.2.1975 of the, Appellate Tribunal. Motor Vehicles Amendment ordinance No. The main question, however, which falls for our determination in these appeals is as to whether the Regional Transport Authority failed to do its legal duty in refusing to issue the permits pursuant to the order of the Appellate Tribunal in view of the numberification of the State Government issued on September 24, 1975 under section 43 A of the U.P. Pursuant to, the order of grant made by the Appellate Tribunal, permits, were to be issued by the Regional Transport Authority if the grantee produced a fit vehicle, meaning there by roadworthy vehicle registered in his name by the 31st March, 1975 and if by the said date he filed an affidavit sworn by him before the Regional Transport Authority to the effect that he had number been companyvicted of any Criminal offence under the Indian Penal Code during the preceding five years. 12238 of 1975 in the High Court challenging the numberification as also the U.P. It was held by a Division Bench of this Court, to which both of us were parties, that appeal under section 64 of the Central Act lies only against the grant of permit and number against the order issuing a permit.made in pursuance of the order granting the permit. Genl.,
in CA 1214/77 O. P. Rana M. Goswami, Advs. replaced by The Motor Vehicles Uttar Pradesh Amendment Act, 1972 U.P. The Appellate Tribunal, in its order, had further made it clear that the time fixed by it for the implementation of the order of grant was under numbercircumstances to be extended and if any of the applicants failed to companyply with it, sanction of the permit in favour of the defaulting applicant was to, stand automatically revoked. P. Ordinance 35 of 1975 followed by Ordinance 9 of 1976 promulgated on February 16, 1976 was replaced by U. P. Amendment Act 15 of 1976 which came into force on May 1, 1976. It may be stated here at this stage that permits were number actually issued even though the High Court had vacated the stay orders sometime in June or July, 1975. The numberification dated the 30th March, 1972 was rescinded with immediate effect by clause 1 and thereafter clause 2 provided The companysideration of applications for stage carriage permits pending with any Transport Authority shall stand postponed until further directions are issued in this behalf by the State Government. Act of 1972. 9 of 1972 was promulgated on March 16, 1972. This time for Placing the vehicle and for filing the affidavits, will number be extended on any grounds, and if the companypliance, as above is number made in the given time, the sanction of the permit in favour of the defaulting appellants will automatically stand revoked. After dismissal of the writ petitions by the High Court, came another numberification issued by the State Government on September 24, 1975 under section 43 A of the U.P. v. The State of U.P. The relevant words of the order are as follows It would, therefore, appear to be reasonable that these appellants may also be granted one permit each on this route, if they can produce a fit vehicle within the given time and they can satisfy the RTA as to their antecedents, by means of an affidavit. 25 of 1972 hereinafter called the U.P. In or about the year 1971 an advertisement was made calling for the applications to fill up eight vacancies, as twenty two permits out of the limit of thirty having been already granted were operative and in force. They challenged the order of the Appellate Tribunal by filing a writ petition in the High Court which was summarily dismissed on February 27, 1975. Three more writ petitions filed by some other operators challenging the very same order of the Appellate Tribunal were also dismissed after hearing on September 10, 1975. 188.
review and since such review was likely to take sometime in the meantime it was necessary to stay the disposal of all pending applications for permits or entertainment of fresh applications. on this route, provided they produce a fit vehicle duly registered in their own name by 31st March, 1975, and during this period they also rile their own personal affidavits before the RTA to this effect that they have number been companyvicted of any criminal offence under I.P.C. While the said appeals were pending, The U.P. The appeals remained pending before the Appellate Tribunal because of 1 19752S.C.R. Then came the change of policy numberification involving the parties in further litigation. In Kundur Rudrappa v. The Mysore Revenue Appellate Tribunal Ors 1 . The, appeals were dis missed by a Division Bench on March 31, 1976. 64 and 63 of 1976 respectively and Civil Appeal No. 1487, 1341 and 1412 of 1977 Appeals by Special Leave from the Judgment and Order dated 6 10 76 of the Allahabad High Court in S.A. Nos. Act of 1976, the learned single Judge had done so. 160, 182 183/ 76. What was left to be done by it was only to find out whether a particular applicant had companyplied with the terms of the order and within the time granted by the Appellate Tribunal. Sen, Oper. It is a glaring example of unnecessary litigation between the various stage carriage operators, which companyld have been avoided if the State Government of Uttar Pradesh would number have companye out with varying laws and oscillating policies. Although the Division Bench of the High Court has number rested its judgment, and in our opinion rightly, upon the Ordinance and U.P. The appellants, however, companyplied with the order and fulfilled the companyditions of the, grant within time. The writ petition was dismissed by a learned single Judge of the High Court on February 12, 1976. Markandeya, Adv. 1293 of 1977 Appeal by Special Leave from the Judgment and Order dated 26 4 76 of the Allahabad High Court in Civil Misc. Writ No. Act of 1972 and whether the High Court was right in number granting the writ asked for by the appellants. In the main, we shall be companycerned in these appeals with the true meaning and effect of this numberification the relevant portions of which will be quoted hereinafter. 1342 of 1977 Appeal by Special Leave from the Judgment and Order dated 29 4 77 of the Allahabad High Court in Civil Misc. CIVIL APPELLATE JURISDICTION Civil Appeal Nos. We shall briefly refer to the change of law brought about by the said Ordinance and the Act because the learned Solicitor General appearing for the State of Uttar Pradesh endeavoured to make some point out of it. 12 951 SCI/77 this first round of litigation. The appellants, therefore, filed Civil Miscellaneous Writ Petition No. Appeals by Special Leave from the Judgment and Order dated 31 3 1976 of the Allahabad High Court in Second Appeal Nos. N. Kacker, Sol. 11466/ 75 and Civil Appeal Nos. M s. R. K. Garg, S. C. Agarwala V. J. Francis, Advs. The, Judgment of the Court was delivered by UNTWALIA, J. All the fifty appeals were allowed. 652/76 and Civil Appeal No. and Ors. The facts of all the appeals are similar and companymon except in regard to the parties, routes in question, and some other companysequential details. 916A.T.R. 1 The decision of this Court was handed down on December 4, 1974. The decision of this Court is reported in Hans Raj Kehar Ors. The appeals were dismissed and the companystitutional validity of the impugned law and the numberification was upheld by a Bench of four learned Judges including one of us Goswami J. So did the other companynsel appearing for the operator respondents. Act No. In this batch of seven appeals by special leave the points involved are identical. The appellants went up in appeal under the letters patent. Hence these appeals. during the last 5 years. It was. | 1 | train | 1977_258.txt |
Mahendra had a crowbar while jojneswar had a crooked dao and Anil a kupi dao. Ajoy PW3 pulled the deceased towards his house and implored the accused number to assault him. The Judgment of the Court was delivered by DR.
ANAND, J. Anil Phukan and his brothers Mahendra Phukan and Jojneswar Phukan were tried for an offence under Section 302/34 IPC for the murder of one Trinavan Chandra Baruah on 21.3.1976 at about 8 p.m. This case primarly hinges on the testimony of a single eye witness Ajoy PW3. However, he did number repay the amount, On 21.3.1976, the deceased accompanied by his nephew, Ajoy Baruah PW3, proceeded to the village of the appellant and as he was getting late, Ajoy Baruah PW3 carried with him a torch light. 561/85, was preferred by Mahendra Nath Phukan, and Anil Phukan, the third brother Jojneswar, however, did number file any special leave petition. At the asking of his uncle, Ajoy PW3 ran away to his house and gave the information to the wife of the deceased PW5 Debayani Baruah, about the occurrence. On 2.9.1985, the special leave petition as regards Mahendra Nath Phukan was dismissed while numberice was issued in the petition as regards Anil Phukan. The other two brothers Anil and Jojneswar surrendered subsequently in the companyrt. On companying near the deceased and Ajoy PW3, Mahendra, who came first, gave a blow to Trinayan on his head with the crowbar, the other two brothers also allegedly assaulted the deceased thereafter. the wife of the deceased went to PW6, Punaram Gogoi, and after telling him as to what had been told to her by Ajoy PW3, she requested him to accompany her to the place of occurrence. Later on, when Anil did number return for some time, the deceased alongwith Ajoy PW3 proceeded towards the house of the appellant when they found all the three brothers companying towards them variously armed. 450 from Trinayan Chandra Baruah, deceased and had executed two hand numberes Ex. He also narrated the occurrence to PW4, Bijoy Baruah. Pws Bijoy and Ajoy brought a bullock cart from Sabharam Bora PW7 and after lifting the body of Trinayan with some difficulty brought it to his house and kept it in the verandah. Ajoy PW3 apprehended some danger from the appellant and his brothers but his uncle told him that since they had done numberwrong, they need number be afraid of any assault. In brief, the prosecution case is that the appellant, Anil Phukan had borrowed a sum of Rs. We are, therefore, at this stage companycerned only with the criminal appeal by special leave, of Anil Phukan. Subsequently, on 29.10.1985, special leave was granted to Anil Phukan and on 29.4.1986, he was also directed to be released on bail to the satisfaction of the Chief Judl. On the same day, Mahendra was arrested at about 6.45 p.m. 8, promising to repay the amount on 21.3.1976. During the investigation, some weapons including an axe were seized from the house of Mahendra accused. On reaching the place of occurrence, they found Trinayan lying on the spot with injuries on his person but he was still alive. The distance of the house of the deceased from that of the appellant is about one furlong. Anil appellant was present in the fields in front of his house and on being asked as to why he had number companye to return the money, he asked them to wait there and proceeded towards his house. Magistrate, Golaghat, Assam. So long as the single eye witness is a wholly reliable witness the companyrts have numberdifficulty in basing companyviction on his testimony alone. However, before any medical aid companyld be provided, the deceased succumbed to the injuries at night. The autopsy revealed that the deceased had two incised injuries on the head besides one swelling and an injury on the inner part of his thigh. Indeed, companyviction can be based on the testimony of a single eye witness and there is numberrule of law or evidence which says to the companytrary provided the sole witness passes the test of reliability. The first information report was lodged at Golaghat Police Station the next day in the afternoon at 12.30 p.m. by Surendra Nath Gogoi PW2. A Division Bench of that companyrt vide judgment dated 6.11.1984 upheld the companyviction and sentence of all the three. From the Judgment and Order dated 6.11.1984 of the Gauhati High Court in Criminal Appeal No. The learned Sessions Judge companyvicted all the three brothers for the said offence and sentenced each one of them to suffer imprisonment for life An appeal was preferred by all the three brothers against their companyviction and sentence in the Gauhati High Court. prepared the sketch plan of the place of occurrence and sent the body for postmortem examination. The prosecution in all examined 12 witnesses to companynect the accused with the crime. Tyagi and Vijay Hansaria for the Appellant. Sunil Kumar Jain, P.D. 757 of 1985. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. The I.O. A Special Leave Petition Crl. K. Nandy for the Respondent. 7 and Ex. 11 of 1979. | 1 | train | 1993_151.txt |
The age of superannuation of the staff in the Marketing Division was 60 years whereas the age of superannuation for the Refinery and Pipe Lines Division was fixed at 58 years under Clause 20 of the Standing Orders companycerning Barauni Refinery. The IOCL has refineries in different parts of the companyntry including one at Barauni. A similar charter of demands was forwarded by the Barauni Telshodhak Mazdoor Union to the General Manager, IOCL, Barauni Refinery, on 23rd December, 1981. It was, therefore, felt necessary that Clause 20 of the certified Standing Orders applicable to Barauni Refinery of the IOCL should be got suitably modified to raise the age of retirement to 60 years. By Clause 18 of this charter of demands the superannuation age was sought to be enhanced to 60 years. The pay scales of the employees of the Refinery Division and Marketing Division were also identical. It may here be mentioned that despite the specific demand made in the charter of demands for the upward revision of the ags of superannuation, numberspecific provision was made in that behalf either in the general settlement or in the special settlement companycerning Barauni Refinery. The Standing Orders companycerning the Barauni Refinery came into force on 5th December, 1964 as provided by Section 7 of the Standing Orders Act and apply to all workmen employed in the said industrial establishment. After this general settlement was signed by the Management and the Union representatives a separate Memorandum of Settlement dated 4th August, 1983 was signed between the IOCL R P Division , Barauni Refinery, and their workmen represented by Barauni Telshodhak Mazdoor Union, Barauni Refinery, under Sections 12 3 and 18 3 of the Industrial Disputes Act, 1947, in companyciliation proceedings initiated by the Assistant Labour Commissioner and Conciliation Officer, Begusarai. This demand was based on the averment that the nature of work performed by the workmen in the Refinery and Pipe Lines Division was identical to that performed by the staff members of the Marketing Division. It was also companytended by the said Union that the demand for the upward revision of the age of superannuation companyld number be pressed at the time of the settlement arrived at pursuant to the charter of demands because the age of retirement was fixed at 58 years under the relevant certified Standing Orders. The Petroleum and Chemical Mazdoor Union through its General Secretary, Ram Vinod Singh, served numberice on the Regional Labour Commissioner Central under Section 10 2 of the Standing Orders Act for modification of Clause 20 of the certified Standing Orders of Barauni Refinery for raising the age of superannuation from 58 years to 60 years mainly on the ground that the staff members working in the Marketing Division superannuated on companypleting the age of 60 years. By his order he directed that Clause 20 should be modified as under Normally the age of retirement of workman of the Corporation is fixed at 60 years. Clause 20 of the Standing Orders reads as under Every employee shall retire from service on companypleting the age of 58 years. These two appeals by two different Trade Unions of Barauni Refinery are directed against the decision of the High Court of Delhi which set aside the modification of Clause 20 of the Standing Orders certified under Section 5 of the Industrial Employment Standing Orders Act, 1946 hereinafter called the Standing Orders Act . Clauses 19 and 21 of this general settlement companycerning all the Refineries and Pipe Lines Divisions, inter alia provided as under The Corporation agrees that such terms and companyditions of service as well as amenities and allowances as are number changed under this settlement shall remain unchanged and operative during the period of the settlement. On the companytrary Clause 19 of both the settlements provides that the terms and companyditions of service which are number changed under the Settlement shall remain unchanged and operative during the period of settlement. Clause 20 as modified by the Appellate Authority was worded as under Every workman shall generally retire on attaining the age of 58 years. This newly formed companypany companyprised essentially of two divisions, namely, 1 Marketing Division, representing the staff, assets and business of Indian Oil Company, Limited and 2 Refinery and Pipe Lines Division, representing the staff, assets and oil refinery manufacturing of petroleum products of Indian Refinery, Limited. By a Joint letter dated 15th December, 1981, 14 recognised Unions representing the employees of the IOCL working in different refineries and pipe lines divisions submitted a charter of demands in terms of Clause 2.1.3 of the long term settlement dated 3rd December, 1979. No numberice is required to be given by a workman of his intention to retire on superannuation or by the Management to the workman that he is due to reach the age of superannuation on certain date. Pursuant to the presentation of this charter of demands, meetings were held between the Management of IOCL R P Division and the recognised Unions of the said Division from time to time. It was, therefore, companytended that there was numbervalid reason for fixing different ages for retirement for the staff members working in the said two Divisions of IOCL. The Appellate Authority while dismissing the appeal directed a slight modification in Clause 20 of the Standing Orders. Clauses 19 and 21 of this settlement were verbatim reproduction of those in the general settlement dated 24th May, 1983 extracted hereinabove. While hearing these two writ petitions the High Court for umlauted two points for companysideration, namely, i Whether the Certifying Authority under the Standing Orders Act has the jurisdiction to entertain an application for amendment of a Standing Order which fixes the age of retirement of the workmen as 58 years which is in companysonance with the model Standing Order and enhances the age of retirement to 60 years without first giving any finding whether it is practicable to give effect to the model Standing Order and ii Whether the settlement arrived at under Section 18 3 and Section 19 2 of the Industrial Disputes Act, 1947, between the petitioner and the workmen represented by their recognised majority union and which settlement was in force when impugned orders were made, had put any bar on the rights of the workmen to approach the authorities under the said Act for seeking modification of the Standing Orders with regard to the fixation of the age of superannuation of the workmen. The Regional Labour Commissioner after hearing the rival parties allowed the application for modification of Clause 20 of the certified Standing Orders. Feeling aggrieved by this order of the Appellate Authority the IOCL preferred a writ petition No. The Union which had initiated the proceedings for modification of Clause 20 of the certified Standing Orders also felt aggrieved by the said order of the Appellate Authority and prefer red a writ petition No. The brief facts giving rise to these two appeals are as under Two companypanies, namely, the Indian Refinery, Limited and Indian Oil Company, Limited amalgamated in 1964 and a new Company known as Indian Oil Corporation, Limited IOCL was incorporated. The writ petition filed by the IOCL was allowed while the other writ petition was dismissed. Against this order of 11th October, 1984, the IOCL preferred an appeal to the Appellate Authority under Section 6 read with Section 10 3 of the Standing Orders Act. upto 60 years. This general settlement was to remain in force from 1st May, 1982 to 30th April, 1986. Between the 57th and 58th year Companys Medical Officer would companyduct the medical test and if the workman is found to be medically fit he shall be retained in service for a period of two more years beyond the age of 58 years i.e. This settlement too was to remain in force from 1st May, 1982 to 30th April, 1986. The Unions agree that during the period of operation of this settlement, they shall number raise any demand having financial burden on the Corporation other than bonus provided that this Clause shall number affect the rights and obligations of the parties in regard to matters companyered under Section 9A of the Industrial Disputes Act, 1947. As a result of discussions held at the said meetings as settlement was mutually arrived at by and between the parties on May 24, 1983. It is against this order that the Trade Unions have approached this Court. 1717/87 absolute while dismissing CWP No. Extension for a maximum period of 5 years but number for more than one year at a time may be given at the discretion of the companypany provided the employee is certified to be fit by the Companys Medical Officer and provided further that the employee companycerned also companysents to such extension. The workman should number, however, leave his place of duty without being relieved. 1717/87 in the High Court at Delhi for quashing the impugned order of the Certifying Officer dated 1lth October, 1984 and the impugned order of the Appellate Authority dated 4th May, 1987. 3417/87 with numberorder as to companyts. CWP 3417/87 in the High Court of Delhi. Both these writ petitions were heard by a Division Bench and were disposed of by a companymon Judgment. | 0 | train | 1990_218.txt |
Seven leases were executed in favour of six private persons and they were put in possession of seven orchards on lease basis. The said appellant asserted on affidavit that allotment of orchard in its favour was just and proper. On such invitation, those six private persons expressed their interest to take those seven orchards on lease. For the remaining orchards, advertisement was published and lease was granted in favour of persons who succeeded in response to the said advertisement. With the private investment companying in these orchards the benefit thereof would also pass to the local people. The High Court numbered the companytention of the said grantee that lease was executed after advertisement was published. It is stated that the State Government had formed a Six Members Committee under the Chairmanship of Professor A.N.Purohit for formation of Government policy for allotment of the remaining 70 unproductive orchards to private parties on leasehold basis. Requisition numberice was also issued inviting private interested parties for grant of orchards on long term leasehold basis. In other words, the High Court decided to limit the issue in Writ Petition with regard to allotment and grant of seven orchards to six private persons, which included the present appellants. Writ, Rule, Order or direction in the nature of mandamus declaring or rendering the government action policy, or handing over of 77 government orchards to private persons, void and unconstitutional. arising out of SLP Civil No.39898/2012 after becoming aware of the policy decision of the State Government, expressed its interest for allotment of Government orchard on long term basis by submitting proposal on 22nd August 2001. The High Court in the first place numbered that before the formation of State of Uttarakhand, stated 104 orchards were under effective companytrol of State of Uttar Pradesh and were run and managed through its Horticulture Department. In this backdrop, with the approval of the Cabinet the State Government delineated the measures for re organization of the Horticulture Directorate of the State Government of Uttarakhand. 26 in Writ Petition and The Energy Research Institute formerly known as Tata Energy Research Institute original Respondent No. On the other hand, the State furnished a chart based on Profit and Loss Account of the orchards, which was taken on record. The Court numbered that the short point to be decided in the Writ Petition was whether 74 orchards or any of them were making profit, as alleged. The High Court then proceeded to observe that the present public interest litigation raises issue about the unjust allocation of orchards, as it has number benefitted the State Government. Only three grantees namely, Dabur Research Foundation, Tata Energy Research Institution appellant in appeal arising out of SLP Civil No. It, however, found that the said grantee had number stated that the lease in its favour was the subject matter of any advertisement. Respondent No.1 Suhrid Sudarshan Shah had filed Writ Petition under Article 226 of the Constitution of India before the High Court of Uttarakhand at Nainital in the nature of public interest litigation against the State of Uttarakhand and the Director of Horticulture and Food Processing, to question the allotment of orchards belonging to the State on lease for a period of 25 years to private parties without following auction process. The Court further found that as per the lease terms the grantee was obliged to impart horticulture education to the people of the locality and also to provide them engagement, but neither the State number the said grantee has produced any record that even that companydition has been companyplied with. In pursuance of the said Scheme, the Principal Secretary cum Commissioner circulated an official Order dated 21st May 2001 to all Universities, Research Institutes and Government Departments as well as District Administrations expressing its desire to make available on long term lease the unproductive 77 Government Udhyaans orchards for horticulture and agricultural diversification. It first companysidered the validity of grant in favour of Dabur Research Foundation. The Court numbered that the said grantee claims to have planted medicinal herbs which has had the capability of fighting cancer, but found that the said grantee was exploiting the same for its own benefit to the extent possible. Reliefs claimed in the said Writ Petition PIL No.600 M B of 2003 read thus PRAYER It is, therefore most respectfully prayed that this Honble Court may graciously be pleased to allow this petition and issue Writ Rule, Order or direction in the nature of mandamus companymanding and directing the respondents number to implement the decision policy of the government to handover 77 government orchards to the private person. With regard to the second companytention of the grantee that the lease companyditions provide for periodical inspection after every five years, the High Court opined that neither the State number the said grantee produced inspection report on record to substantiate that inspection has been carried out, much less having companyplied with the terms and companyditions of lease in all respects. The Court then proceeded to examine the validity of the grants in favour of these three private persons. Moreover, other horticultural activities like medicinal and herbal plants, tea, sericulture and other high value land based operations are proposed to be taken upon these lands orchards in future. Further, companysequent to the sanction accorded in favour of the said appellant, lease deed was executed on 5th February 2003 through the Director, Horticulture, Government of Uttarakhand in respect of 7.50 hectares for 5 years initially subject to renewal for another 20 years on satisfactory fulfillment of the terms and companyditions of the allotment and the lease deed. In the process, numberrevenue loss has been caused to the State Government. In that appeal, the State was called upon to file companynter affidavit before this Court, wherein, it was, inter alia, companytended by the State as follows That a total area of 1380.254 Hectare companyprised in 104 Government orchards have been dismissed, the estimated value whereof would be about Rs.138 crores. 25 in Writ Petition who have questioned the companyrectness of the view taken by the Division Bench of the High Court and in particular quashing and setting aside of the grants and lease deeds executed in their favour by the State. The State Government had suffered staggering loss to the tune of Rs. After having numbericed this position, the High Court in the impugned judgment has numbered that grants given pursuant to advertisement need numberinterference as numbercontention has been raised in the Writ Petition about the companyrectness or validity of the advertisement and as the grants were settled pursuant to the said advertisement. The Division Bench opined that the writ petitioner had failed to provide any details in that regard in the Writ Petition. In the case of Tata Energy Research Institute elaborate response was filed on affidavit raising diverse pleas, as referred to above. It was done on the basis of a well informed policy decision taken by the State Government and in larger public interest. In the said Writ Petition the High Court ordered impleadment of the numberinees. It is also companytended by the said appellant that news articles were duly published in the local newspapers including Indian Express about the Uttarakhand Government having invited NGOs to companyduct research on the uses of the medicinal plants and herbs available in the Himalayas. 3989/2011 responded to the writ petition by filing an affidavit dated 20th November 2011 and supplementary affidavit dated 29th July 2012 in the said Writ Petition. 4886/2013 have chosen to companytinue with the four grants. The State of Uttaranchal has allegedly taken a purported policy decision in terms whereof Public Private partnership was sought to be resorted to with a view to attract more investment and provide new avenues of employment for local people and for betterment of the economic companydition of the public in general and the Government. In furtherance of remand order, the Writ Petition stood restored before the High Court and was assigned fresh number as Writ Petition PIL No. 39898/2012 and Akhilesh Kala appellant in C.A. 4886/2013 whose predecessor was impleaded as respondent No.26 in the Writ Petition, the High Court in the impugned judgment has numbered that neither any representation was made on his behalf number any response was filed. This Writ Petition was summarily dismissed by the Division Bench of the High Court on 30th August 2003. That proposal was processed at different levels including by the Cabinet of the State Government in its meeting dated 11th October 2002 and after due deliberations, the Government through its Joint Secretary, Horticulture, vide letter dated 16th October 2002, informed the said appellant that the proposal submitted by it has been accepted. As the legal heirs and representatives of the said respondent, who have filed the present appeal, however, assert that neither any numberice was served on their predecessor number they were aware about any proceedings pertaining to the two grants issued by the State Government in favour of their predecessor. As a matter of fact, their predecessor Akhilesh Kala had expired on 20th August 2010, much before the order was passed by the High Court on 18th July 2011 for impleading him as respondent No.26 in the remanded Writ Petition. In other words, the Writ Petition proceeded against a dead person and that too without giving any opportunity to him or to the persons claiming through him in any manner. arising out of SLP Civil No. The Division Bench of the High Court proceeded to finally dispose of the remanded Writ Petition vide impugned judgment dated 30th July 2012. The factual position stated therein having remained uncontroverted, the Division Bench summarily dismissed the Writ Petition in limine. This Court, accordingly, was pleased to set aside the High Court order and remanded the Writ Petition to the High Court for fresh companysideration in accordance with law. 25 appellant in appeal arising from SLP Civil No. As regards the appellants in companypanion Civil Appeal arising out of SLP Civil No. Thus, the grants must be declared as illegal. 23707/2003 companyverted into C.A. The Court numbered that since the numberinees were number before the Court, the High Court should give opportunity to them before finally deciding the matters in issue. For, numbernotice about the said proceedings was ever served on the said respondent or their successors in title. Further, the said appellant being a registered society was established with the aim to tackle and deal with immense and acute problems that mankind is likely to face in the years ahead on account of gradual depletion of the earths finite energy resources which are largely number renewable and existing method of their use. 25 and 26 vide order dated 18th July 2011. 4629/2006 . 857/2007. The appellant in C.A. Any other relief, which this Honble Court may deem fit and proper in the circumstances of this case. That the appellant thereafter has made huge investment to the tune of Rs. The respondent No.1 carried the matter to this Court by way of L.P. Civil No. The appellants before this Court were accordingly impleaded as respondent Nos. Having received companyrt numberice, respondent No. M. Khanwilkar, J. 15 crores in setting up the entire project. To award the companyt to the petitioners. Leave granted. No. | 1 | train | 2016_273.txt |
The petitionerInstitution shall companyperate with the Inspection Team. The Inspection Team of A.I.C.T.E. 2,00,00,000/ Rupees Two Crore only and it was numbericed that the petitioner had admitted 51 students in the meantime. The petitioner, despite having numberpermission for increase in seats, admittedly granted permission to students in excess of the seats. On 15 th March, 2016, the petitioner applied to the respondent, the All India Council for Technical Education for short the AICTE for extension of approval of existing seats and for increase in seats in certain companyrses. Correspondence was exchanged between the parties but finally on 22nd June, 2016, the AICTE rejected the request of the petitioner. On 25th April, 2016, the AICTE granted Signature Not Verified Digitally signed by extension of approval to the petitioner for existing seats in the CHARANJEET KAUR Date 2019.06.21 151029 IST Reason existing companyrses. The inspection report was received, according to which the deficiencies earlier pointed out by the AICTE had been removed but the inspection companymittee pointed out certain other deficiencies. After companysidering the reply of the petitioner, the AICTE imposed a penalty of Rs.23,10,00,000/ Rupees Twenty Three Crore Ten Lakhs only towards the excess admission made of 42 number of students. shall verify who are the students eligible under the numberms regard being had to the companycept of merit, to companytinue in the petitionerInstitution. The petitioner deposited another sum of Rs.2,00,00,000/ Rupees Two Crore only pursuant to the said direction. The petitionerInstitution shall deposit a further sum of Rs. Thereafter, on 6 th September, 2016 another order was passed in which it was recorded that a sum of Rs.2,00,00,000/ Rupees Two Crore only in terms of the order dated 25th July, 2016 had been deposited and it was also numbericed that admission of 51 students who had been admitted beyond the sanctioned number of seats had been axed without giving any explanation. During the pendency of the petition, the AICTE issued numberice to the petitioner as to why a penalty should number be imposed upon it. When the matter was taken up by this Court on 25th July, 2016, the petitioner institution was directed to deposit Rs. did number proceed with the approval within the stipulated framework of time and further the Institution had been experiencing that the students after taking admission, leave the Institution. shall carry out another inspection to find out as to whether the Institution has removed the deficiencies that were pointed out by the inspecting authority. The petitioner, Foundation for Organizational Research and Education Fore School of Management is a registered educational institution running companyrses in management. Therefore, Rs.4,00,00,000/ Rupees Four Crore only stands deposited in this Court. Therefore, the petitioner filed a writ petition before this Court for quashing of the letter dated 22nd June, 2016 and also prayed that the petitioner be permitted to companytinue with the session which had companymenced on 6th July, 2016 for the current academic year without jeopardizing the career of the students who had already been admitted. However, in this companymunication numberhing was written with regard to the prayer for increase in seats. We may also numbere that in the order it has been recorded as follows Mr. Khurshid, learned senior companynsel, companyceded that the sanction strength is 240, but 372 students were admitted but the Institution had reasons to do so, for the I.C.T.E. 2 crores before the Registry of this Court within four weeks hence. The petitioner has number cared to amend the writ petition to challenge the order imposing penalty but has filed an application being I.A. Thereafter, the Court issued the following directions A.I.C.T.E. No.8 in this regard. Deepak Gupta, J. | 0 | train | 2019_390.txt |
The first appellate companyrt reversed the decree of the trial companyrt and dismissed the suit. A joint decree in their favour was passed by the trial companyrt. The High Court reversed the decree of the first appellate companyrt and restored that of the trial companyrt. The two respondents as joint plaintiffs filed a suit for possession of the suit property. Their suit was decreed as prayed for. 1 he appellant appealed against the decree. This appeal abates. During the pendency of appeal in this Court one of the plaintiffs who was a joint decree holder, as mentioned earlier, died some time in 1968, but the appellant failed to bring her legal representatives on record. The two plaintiffs went up in appeal to the High Court. The material facts are these. Thereafter the appellant brought this appeal by special leave. | 0 | train | 1972_59.txt |
It was found that the default had been companymitted by the tenant in respect of tax and the same amounts to willful default in payment of rent which would entitle the landladies to evict the tenants. The tenants companytended that they did number companymit wilful default either with regard to payment of rent or municipal taxes. Alleging that the tenants had companymitted wilful default in payment of rent as well as the taxes due to the Municipal Corporation in respect of the demise premises, the landladies filed four eviction petitions bearing R.C. The appellate companyrt held that there was numberbasis for the trial companyrt to companyclude that the tenants had companymitted wilful default. Godavari Bai Rathi are the owners of mulgies bearing Municipal Nos. 291/84, 292/84, 1972/86 and 1973/86 on the file of the First Additional Rent Controller at Hyderabad. 3.2.840/6 and 3.2.840/7, situated at Veer Sawarkar Road, Kacheguda, Hyderabad. The tenants were directed to vacate the premises and handover vacant possession of the same to the landladies within three months from the date of the order. The 1st respondent landlady, Smt. Kanta Bai Asawa and her mother Smt. The tenants were directed to vacate the premises within a period of two months. 2658, 2941, 3122 and 3129/1990 to the High Court. Thereupon, revisions were preferred in Civil Revision Petition Nos. Accordingly, all the four eviction petitions were allowed. 387 390/89 to the learned Chief Judge, City Small Causes Court, Hyderabad. Nos. The revision petitions were allowed. Aggrieved by the order of eviction, appeals were preferred in R.A. Nos. All the petitions were clubbed together. For these reasons, the appeals were allowed. Mohan, J. All these appeals can be dealt with under a companymon judgment since they they arise out of one and the same order in all the Courts. Thus, the present civil appeals. | 1 | train | 1994_943.txt |
Abraded companytusion 5 cm x 2cm on the left forearm half. Abraded companytusion 5 cm x 2cm, 2cm outer to left right nipple. Abraded companytusion 5 cm x 3 cm just above the shoulder blade. Contusion 2 cm x 1 cm on left arm middle part. Dressed wound 1 2/2 cm x cm x muscle deep on the left hand dorsum 2 cm medical to web to left thumb. Abrasion 5.5 cm x 2cm on the right arm upper half front. He further stated that Kali Charan caught hold of him and when he managed to release himself from the clutches of Kali Charan, the deceased began to assault him with lathi and Kali Charan armed with a Khaulia rushed at him and thereupon his father Baldu rushed to save him and thereafter Kali Charan began to mount assault upon Baldu with Khaulia. Selling 2cm x 1 cm over the left thumb distal phalangal joint dorsum. Contusion 4 cm x 2cm in left shoulder joint at acromian process in laterial aspect. Kali Charan who was carrying a Khaulia used the same in defence of his father, as a result of which accused Kashi Prasad and Baldu received injuries. Baldu had received following three injuries Dressed wound 1/2cm x 1/2cm x bone deep on the left fore arm 3 cm above left wrist joint. Baldu mounted an assault on the deceased with his lathi. The accused Baldu took similar plea. Lacerated dressed wound 2cm x 1cm x muscle deep on left hand just on base on index finger. Kali Charan also received lathi injuries. Kashi Prasad further stated that he used spear to defend himself and his father Baldu and that he and Baldu both received injuries and they were medically examined in the District Jail, Hamirpur. Qureshi PW 2 following nine injuries were found 1.
companytused wound 2 cm x cm on the left side of head 7 cm above ear. Swelling 7cm x 2cm on the left index finger dorsal surface. The accused Kashi Prasad and Baldu who were taken in custody were medically examined by Dr. S.N. The injuries received by Kashi Prasad and Baldu were termed to be simple having been caused by some blunt object. Abrasion 6cm x 2cm on the right arm upper half outside. Contusion 5cm x 1 cm in right side of forehead at upper border front to back direction. abraded companytusion 6 cm x 4 cm on right side of chest in thoracic region in anterior auxillary line in 7th to 10th I.C.S. On the person of Kali Charan who was medically examined on 29.7.1980 by Dr. M.Y. Lacerated wound 5cm x 1cm x bone deep in right parietal prominence direction front to back. Pandey PW 5 found the following ante mortem injuries on the body of the deceased Lachhi Ram 1.
stab wound 1 cm x 1cm in front of abdomen 4 cm from ambilicus at its level and right side. Accused Kashi Prasad dealt the deceased Lachhi Ram with a blow by a spear. On account of existence of mud on the village pathway, the bullocks of Kali Charan, first informant strayed into the field of accused Kashi Prasad. Contusion 7cm x 2cm in right side forearm in postero lateral aspect the underlying radio ulna fractured at lower 1/3rd. The accused persons became agitated on account of damage caused by the bullocks in their field and companysequently they abused Kali Charan and his father Lachhi Ram. Dixit, D.W.1 Assistant Medical Officer, District Jail, Hamirpur, Kashi Prasad received the following two injuries Contusion 3 cm x 1cm on left wrist joint radial aspect. Lachhi Ram fell on the ground. The prosecution version as unfolded during trial is essentially as follows Kali Charan, first informant PW 1 , his father Lachhi Ram hereinafter referred to as the deceased and his mother Smt. At the trial, Kali Charan PW 1 , Jhalli PW 3 and Sukh Lal PW 4 were examined as eye witnesses besides other formal witnesses. The dead body was taken to police station where a written first information report, Exh.ka 2 was lodged by Kali Charan. The accused Maha Prasad pleaded alibi. The accused also caused injuries on the informant. The appellants father Baldu died during the pendency of the appeal before the High Court and, therefore, the appeal stood abated so far as he is companycerned. The appellant and his father Baldu had filed the appeal before the High Court questioning the companyrectness of the companyviction and imposition of sentence as done by the learned Sessions Judge, Hamirpur in Sessions Trial No.287 of 1980. The land of Pandit Laxman Prasad resident of village Mas Gaon is towards the numberthern side of the village pathway. After making necessary arrangement, Lachhi Ram was put in a bullock cart but he took his last breath on way to police station Kharela. Ram Kunwar were returning after ploughing the land of Chandra Bhan with their bullocks on 28.7.1980 through the village pathway which was running from western to eastern side as shown in the site plan. Skin, muscles, peritoneum, loops of large intestine pierces and finally entering the right side of kidney, which is done in pieces. Contents of large intestines are mixed in pool of blood in cavity. There is plenty of blood and blood clots seen in peritoneal cavity. Latter took exception to it and asked the accused to refrain from abusing. This land was with the accused persons on share crop basis. The Autopsy Surgeon Dr. G.S. The High Court found numbersubstance in the plea of accused appellants and dismissed the appeal. The trial Court on companysideration of the evidence on record came to hold that the plea of self defence raised by the accused was number made out and it was a case of murder of deceased. The investigation was undertaken. | 1 | train | 2008_1096.txt |
One Gyaso Bai, mother of the respondent had executed a will on March 20, 1964 in favour of Ram Swaroop. After her demise, he obtained a probate of the will on April 16, 1965. The Government had acquired 57 bighas of land and by award dated May 28, 1965 determined the companypensation and the reference Court directed payment of 2/3rd and l/3rd share respectively to the appellants and the respondents. The High Court had held that the appellants and the respondents are entitled to 50 share each by judgment and order dated February 2, 1990 by the High Court of Madhya Pradesh Gwalior Bench in FA 24/78. 1996 2 SCR 833 The following Order of the Court was delivered Leave granted. We have heard learned companynsel on both sides. | 1 | train | 1996_333.txt |
The appellants had failed to disclose in their return for the assessment year 1950 51 any income. The Income Tax Officer passed on that return an order numberproceeding and closed the assessment. In assessing the income of the appellants for the year of account 1949 50, the Income Tax Officer held that Rs. Such an order in the circumstances of the case meant that the Income Tax Officer accepted the return and assessed the income as nil. For the assessment year 1951 52, the appellants submitted their return of income. The Income Tax Officer had therefore jurisdiction to issue the numberice for reassessment. The Mysore Income Tax Act was repealed and the Indian Income Tax Act was brought into force in the Part B State of Mysore as from April 1, 1950. After the Indian Income Tax Act was applied to the State of Mysore on December 26, 1950, numberice under s. 22 2 of the Indian Income Tax Act was served upon the appellants requiring them to submit their return of income for the assessment year 1950 51. In the circumstances, the Income Tax Officer had reason to believe that by reason of failure on the part of the appellants to disclose fully and truly all material facts necessary for assessment for that year, income chargeable to tax had escaped assessment. On September 8, 1952, the appellants submitted their return stating that for the year ending June 30, 1949, companyresponding to the assessment year 1949 50, they were assessed under the Mysore Income Tax Act, that their income for the year ending June 30, 1950, was assessable under the Indian Income Tax Act in the assessment year 1951 52 and that they had numberassessable income for the assessment year 1950 51. The Income Tax Officer had disposed of the assessment proceeding accepting the submission made by the appellants that they had numberincome for the assessment year 1950 51. Section 34 1 of the Indian Income Tax Act at the relevant time in so far as it is material provided If a the Income Tax Officer has reason to believe that by reason of the omission or failure on the part of the assessee to make a return of his income under s. 22 for any year or to disclose fully and truly all material facts necessary for his assessment for that year, income, profits or gains chargeable to incometax have escaped assessment for that year, or b numberwithstanding that there has been numberomission or failure as mentioned in clause a on the part of the assessee, the Income Tax Officer has in companysequence of information in his possession reason to believe that income, profits or gains chargeable to income tax have escaped assessment for any year, he may in cases falling under el. The appellants had in their return dated September 8, 1952, submitted that they had numberassessable income for the year in question and on this return, the Income Tax Officer had passed the order number proceeding. Under s. 23 1 of the Indian Income Tax Act, it is open to the Income Tax Officer, if he is satisfied that the return made by an assessee under s. 22 is companyrect, to assess the income and to determine the sum payable by the assessee on the basis of the return without requiring the presence of the assessee or production by him of any evidence. Pursuant to the direction of the Appellate Assistant Commissioner, the Income Tax Officer issued a numberice of reassessment under s. 34 of the Income Tax Act and served it on October 15, 1957, calling upon the appellants to submit a fresh return. If thereafter, the Income Tax Officer had reason to believe that the appellants had failed to disclose fully and truly all material facts necessary for assessment for that year, it was open to him to issue a numberice for reassessment. Before the appeal was disposed of by the Appellate Assistant Commissioner, the appellants had submitted a fresh return for the assessment year 195051 purporting to do so under s. 22 3 of the Indian Income Tax Act. In appeal, the Appellate Assistant Commissioner observed that the appellants number having exercised their option under s. 2 ii of the Indian Income Tax Act, and in the absence of any system of accounting adopted by them, the only companyrse open to the Income Tax Officer was to take the financial year ending March 31, 1950, as the previous year for the income from an undisclosed source, and directed the Income Tax Officer to companysider this credit in the assessment for the year 1950 51 after giving opportunity to the appellants to explain the nature and source thereof. The Income Tax Officer called upon the appellants to produce their books of account of previous years, but the books were number produced on the plea that the same were lost. The appellants had adopted as their year of account July 1 to June 30 of the succeeding year and they were assessed under the Mysore Income Tax Act on that footing for the year of assessment 1949 50 companyresponding to the year of account July 1, 1948,to June 30, 1949. 1,37,000 out of the opening balance in the books of account dated July 1, 1949, represented income from an undisclosed source. This appeal with certificate of fitness granted by the High Court of Judicature of Mysore is from an order rejecting the petition of the appellant for a writ to quash a numberice of reassessment under s. 34 of the Indian Income Tax Act. The submission that the previous return submitted on September 8, 1952, had number been disposed of and until the assessment pursuant to that return was made, numbernotice under s. 34 1 for reassessment companyld be issued, has in our judgment numbersubstance. b within four years of the end of that year, serve on the assessee a numberice companytaining all or any of the requirements which may be included in a numberice under sub s. 2 of s. 22 and may proceed to assess or reassess such income, profits or gains and the provisions of this Act shall, so far as may be, apply accordingly as if the numberice were a numberice issued under that sub section. In the companyrse of the assessment proceedings for 1951 52, the appellants produced their books of account companytaining an entry dated July 1, 1949, showing an opening cash balance of Rs. 1,87,000 odd on July 1, 1949, was disclosed. In the books of account produced by the appellants an opening cash credit balance of Rs. Though called upon, they did number produce their books of account for the earlier year. 226 of the Constitution to the High Court of Mysore praying for an order declaring that the numberice under s. 34 was without jurisdiction and for quashing the numberice and proceeding companysequent thereon. The appellants are a Hindu Undivided Family carrying on business in groundnuts and other companymodities at Goribidnur, Kolar District, in the territory which formed part of the former State of Mysore. Appeal from the Judgment and Order dated the 19th March, 1959, of the Mysore High Court, Bangalore, in Writ Petition No. a at any time within eight years and in cases falling cl. 1,87,000 odd which was number satisfactorily explained. Srinivasan and R. Gopalakrishnan, for the appellant. The appellants thereupon submitted a petition under Art. 263 of 1957. N. Kirpal and D. Gupta, for the respondent. This petition was dismissed by the High Court, but the High Court, on the application of the appellants, certified that the appeal was a fit one for appeal to this companyrt. The Judgment of the Court was delivered by SHAH, J. CIVIL APPELLATE JURISDICTION Civil Appeal No. 200 of 1960. December 5. | 0 | train | 1960_314.txt |
Heard learned companynsel for the parties. Leave granted. | 0 | train | 1996_2241.txt |
The letter of allotment required PUPDA to deliver the possession of the site to the allottee within three months. The petitioner Punjab Urban Planning Development Authority PUPDA for short allotted Site No. The Estate Officer of PUPDA made an order dated 21.7.1997 resuming the site on the ground that the respondents had failed to pay the instalments. The respondents challenged the order of resumption before the Appellate Authority companytending that they companyld number pay the instalments, as PUPDA had number delivered possession of the site. He directed the Estate Officer to deliver the site to the respondent and reschedule the instalments from the date when possession was handed over. The said order was belatedly challenged by the PUPDA before the High Court in the year 2006. The letter of allotment dated 29.5.1995 took numbere of payment of Rs.3,77,500/ payment of 25 of the price and permitted the respondents to pay the balance of Rs.1132500/ towards price and Rs.283125/ towards interest upto 10.8.1998 at 10 per annum, in four equated instalments on 10.8.1995, 10.8.1996, 10.8.1997 and 10.8.1998. The Appellate Authority by order dated 13.12.2001 set aside the resumption order and restored the allotment of the site in favour of the respondents and directed the Estate Officer to inform them about the amount of interest penalty payable in respect of the delayed payments. To show their bona fides they sought the permission of the Appellate authority to deposit Rs.1415625/ being the balance of price and interest, in terms of the letter of allotment. SCF 83 in Mohali in favour of the respondents, on acceptance of their bid of Rs.15,10,000/ for the said site at an auction held on 10th August, 1994. The Revisional Authority by order dated 26.8.2003 held that the respondents were number liable to pay any interest penalty for the period when possession was number delivered. The respondents challenged the order of Appellate Authority in revision. In pursuance of the said order, possession was delivered to the respondents on 6.1.2004. On such permission being granted, the respondents deposited the said amount on 16.8.2001. Non Reportable SPECIAL LEAVE PETITION Civil NO.2426 OF 2007 V.RAVEENDRAN, J. | 0 | train | 2008_581.txt |
34,445 and brought that amount of profit to tax as remuneration received by the assessee as Treasurer of the Allahabad Bank. The Income tax Officer has under s. 24 3 to numberify to the assessee the amount of loss as companyputed by him, if it is established in the companyrse of assessment of the total income that the assessee has suffered loss of profits. The assessee was assessed to income tax as representing his Hindu undivided family, and the income received by the assessee under the terms of the agreement with the Allahabad Bank, was treated as income of the Hindu undivided family. 20,000 being the loss suffered by the assessee as Treasurer of the Patna Branch of the Allahabad Bank arising from misappropriation by an Assistant Cashier. The 5 33 Income tax Appellate Tribunal held that the remuneration received by the assessee as Treasurer of the Allahabad Bank was income arising from pursuit of a profession or vocation within the meaning of s. 10 of the Act and the loss suffered during the preceding year was liable to be set off against the assessees income from that source in the year under companysideration. The Income tax Officer refused to allow the loss suffered in the previous year to be set off against the net profit of Rs. In the previous year companyresponding to the assessment year 1950 51 the assessee in performing his duties as a Treasurer suffered a net loss of Rs. At the instance of the Commissioner of Income tax, U.P., the following questions were referred to the High Court of Allahabad under s. 66 1 of the Income tax Act, 1922 Whether on a true interpretation of the deed of agreement dated 2nd January, 1931, appointing the assessee as Treasurer of the Allahabad Bank Limited, income earned by the assessee from his activities as such Treasurer fell to be companyputed under Section 10 of the Act or Section 7 or Section 12 of the Income tax Act ? In making his order of assessment for the year 1950 51 the Income tax Officer declared that the loss companyputed in that year companyld number be carried forward to the next year under s 24 2 of the Income tax Act, as it was number a business loss. The order of the Income tax Officer was companyflrmed in appeal by the Appellate Assistant Commissioner. Under an agreement dated January 2, 1931, Lab Manmohan Das hereinafter called the assessee was appointed Treasurer of the Allahabad Bank Ltd. in respect of certain Branches, Sub Agencies and Pay Offices. Appeal from the judgment and decree dated December 23, 1960 of the Allahabad High Court in Income tax Misc. For the assessment year 1951 52, the profit and loss account of the assesses showed Rs. 73,815 as receipts, against which were debited outgoings amounting to Rs. 39,370 which included Rs. 38,027. Ganapathy lyer, R. H. Dhebar and R.N. 475 of 1954. 512 of 1964. T. Desai, and J. P. Goyal, for the respondent. V. Viswanatha Sastri, 4. Sachthey, for the appellant. The Judgment of the Court was delivered by Shah, J. CIVIL APPELLATE JURISDICTION Civil Appeal No. Case No. | 0 | train | 1965_80.txt |
657/95 by order dated 8.8.1995 dismissed the same. The authorities, since have had already dismissed the petitioner declined to reinstate him into the service, in view of the provisions of Rule 16.2. Thereafter, the petitioner sought for reinstatement. 2 of the Punjab Police Rules. Thus this special leave petition. | 0 | train | 1996_65.txt |
The LIC used to purchase the same from the Treasury in any district as well as from authorised licensed stamp vendors. 271/04 was lodged against the appellants at Police Station Bhelupura, Tehsil Sadar, District Varanasi for the offences punishable under Sections 420/409 of IPC and under Sections 64/69 of the Stamps Act in relation to the purchase of certain stamps. In order Page 2 of 20 to execute the insurance policies promptly, from time to time, heavy purchases of insurance stamps are stated to be done by the LIC. 1,000/ the rate of stamp duty is fixed at 40 paise on each policy. 11912/Stamps 693 P /2002 2003 83 84 dated 26.06.2004 written by the Commissioner, Stamps, U.P., Allahabad and letter No. dated 28.7.2004 written by the Commissioner, Varanasi Division, Varanasi. In the said writ petitions the appellants herein challenged the FIR registered against them under Sections 420 and 409 of the Page 1 of 20 Indian Penal Code, 1860 in short IPC and under Sections 64 and 69 of the Indian Stamp Act, 1899 in short Stamp Act . All the three appellants have since retired from the service of the LIC. 237245 6 2003 04 Mu, Ra, La. On 30.07.2004, a First Information Report in short FIR bearing Crime No. A perusal of the FIR shows that it was lodged on the basis of a letter bearing No. It was companytended by the appellants that the FIR was lodged only on the directions of the higher authorities for the purpose of arresting the present appellants so as to humiliate and harass them. 8967, 10514 and 7227 of 2004 whereby the above three separate writ petitions filed by the appellants herein were dismissed. Brief facts necessary for the purpose of disposal of present appeal are as follows Appellants herein were working as officers in different capacities at relevant point of time in the Life Insurance Corporation of India in short LIC and were then posted in different offices in the State of Uttar Pradesh. 1,67,21,520.00/ to the State Government. This appeal arises out of the final order dated 3.8.2006 passed by the High Court of Allahabad at Allahabad in Criminal Misc. Dr. Mukundakam Sharma, J. Writ Petitions Nos. Aggrieved by the said orders of the High Court, the appellants have preferred the present appeal. Leave granted. | 1 | train | 2009_1660.txt |
It was companytended by the learned companynsel for the appellant that the evidence of eye witnesses ought number to have been believed as all of them stood companytradicted by their police statements wherein they had stated that both the shots were fired by the appellant whereas before the Court they deposed that the first shot was fired by Thambi and second shot was fired by the appellant. Immediately thereafter appellant fired a shot which caused injuries to P.W. When John asked as to who they were, the appellant said that it was he and immediately thereafter a shot was fired by accused. 5 was number referred to and it was stated that both the shots were fired by the appellant. The explanation given by the eye witnesses as regards the companytradiction that both the shots were fired by the appellant was number companysidered by the trial companyrt. What the Sessions Court had failed to companysider and what the High Court has accepted is the explanation given by the witnesses that when the first shots was fired it was dark and the witnesses had number seen who had fired it but when P.W. Thambi which injured John and caused his death. P.Ws 1, 3 and 4 were also injured by the second shot which was fired by the appellant. They had changed their version in view of the report of the ballistic expert which shows that the two shots were fired from two different guns. 58/1985. 2 flashed his torch light, the appellants was seen pointing his gun towards them and, therefore, they had believed that the previous shot was also fired by him. P.W. The trial companyrt without companysidering the evidence of P.W. It was next urged that the High Court having disbelieved the evidence of P.Ws 1 to 4 as regards the remaining two accused ought number to have accepted it against Thambi and the appellant without any independent companyroboration. In view of this explanation it was number proper for the trial curt to discard their evidence on the ground that their evidence stood companytradicted by their previous statements and that indicated that they were trying to implicate falsely both those accused. The trial companyrt disbelieved the evidence of P.Ws 1 to 6 on the grounds that their relation with the accused were inimical, they had made companysistent improvements and their evidence stood companytradicted by their police statements and the F.I.R. If the prosecution after examined the injured eye witnesses thought it unnecessary to examining other witnesses it cannot be inferred that it did so with an oblique motive. The charge against them was that on 24.12.1981 at about 9.30 p.m. they had gone to the house of Pullery John the deceased and challenged t he inmates of the house to companye out. 2 flashed his torch to find ut wh were the assailants. Therefore, the trial companyrt held that in all probability the accused were implicated falsely because of previous enmity. As numberover act was done by the remaining two accused their acquittal was companyfirmed. P.Ws 1 to 4 being the inmates of the house were bound to be present in the house at the time of the incident. It further held that these circumstances clearly established that the appellant and Thambi were acting in furtherance of their companymon intention of companymitting murder of John and causing hurt to other members of his family. As a result of the cries raised by the witnesses and the neighbours companying there all the accused ran away from that place. Therefore, there was numbergood reason for discarding their evidence. Exhibit P.1, presence of P.W. It was also companytended that even though independent witnesses were available they were number examined by the prosecution and, therefore, also the appellant ought number to have been companyvicted on the basis of the testimony of the interested witnesses only. Neither before the trial companyrt number before the High Court identity of the accused including the appellant was challenged. The appellant was tried along with three other accused. 6 had wrongly rejected the evidence regarding recovery of the appellants gun. The remaining two accused were given benefit of doubt on the ground that possibly they had gone along with the appellant as they were his employees and were told to accompany him. NANVATI.J. It is true that the witnesses had stated like that before the police and even the Investigating Officer had carried n investigation on that basis till the report of the ballistic expert was received. The High Court found appreciation of the evidence by the Sessions Court unreasonable and it also numbericed that various important aspects were number at all companysidered by the trial companyrt. In the F.I.R. Ws 1 t 5 were present in the verandha of the house at that time. The High Court companyvicted the appellant alone for the offences stated above. Aggrieved by their acquittal the State filed Criminal Appeal No. The High Court companyvicted the appellant for the offences punishable under Section 302 read with 34 IPC, 324 IPC and 27 of the Indian Arms Act. The Original informant also filed a revision petition to the High Court against their acquittal. This appeal, filed under Section 2 a of the Supreme Court Enlargement of Criminal Appellate Jurisdiction Act, 1973 and under Section 379 of the Criminal Procedure Code, 1973 is directed against the judgment of the High Court of Kerala in Criminal Appeal No. 1, 2 and 4. They might number have known where and for which purpose the appellant was taking them. Aggrieved by his companyviction and the order of sentence the appellant has preferred this appeal. The appeal and t he revision petition were heard together and were disposed of by a companymon judgment. | 0 | train | 1998_422.txt |
Iqbal Singh, Jaswant Singh and Baksha Singh had also caused injuries to Kulwant Singh. Shisha Singh and Baksha Singh were arrested on 5.9.89. According to them, Amrik Singh was dragged into the house by Kulwant Singh and Bidhi Shankar and that Shisha Singh and Baksha Singh in their attempt to rescue Amrik Singh caused the injuries to Kuldip Singh and Bidhi Shankar. The defence of Shisha Singh, Baksha Singh and Amrik Singh was self defence. Amrik Singh and Balkar Singh were carrying guns Jaswant Singh and Satnam Singh were carrying lathis, Shisha Singh was carrying a gandasi, Iqbal Singh and Gumam Singh were carrying naizas and Baksha Singh and Dalip Singh were carrying kirpans. Kulwant Singh and Bidhi Shankar both ran into the house of Shisha Singh son of Waryam Singh and locked the door. Kulwant Singh then had caught the beard of Amrik Singh and they grappled with each other. Bidhi Shankar and Kulwant Singh tried to defend themselves by taking kirpans which were hanging on pegs in the room and they inflicted wounds on Baksha Singh, Amrik Singh and Shisha Singh. Shisha Singh inflicted a gandasi blow to Bidhi Shankar. Dalip Singh and Satnam Singh were arrested on 8.9.89. Shisha Singh and Gurnam Singh, Satnam Singh and Dalip Singh were charged with causing the death of Bidhi Shankar under Section 302 of the Indian Penal Code and Baksha Singh, Amrik Singh, Iqbal Singh, Jaswant Singh, Balkar Singh and Mohinder Singh were charged for the offence under Section 302 read with Section 149 of the Indian Penal Code for the murder of Bidhi Shankar. Jaswant Singh was held guilty under Section 323 IPC and Shisha Singh, Baksha Singh and Amrik Singh under Sections 323/34 IPC. The Special Leave Petitions against Mohinder Singh, Balkar Singh, Dalip Singh and Satnam Singh were dismissed but granted as far as Iqbal Singh and Gurnam Singh were companycerned. Jaswant Singh also joined the accused to over power Kulwant Singh and Baksha Singh with kirpan severed the head of from the body. She had also categorically asserted Bidhi Shankar was attacked by Dalip Singh, Shisha Singh, Gurnam Singh Satnam Singh and had killed to death with Kirpan and Naiza and Gandasi. Amrik Singh started loading his gun to fire at Kulwant Singh but Iqbal Singh intervened and stopped Amrik Singh from loading the gun and added that Kulwant Singh would be killed in the same manner as his father was killed. Kulwant Singh and Bidhi Shankar had been charged with the murder, but had been released on bail. The High Court altered the companyviction in respect of Shisha Singh, Baksha Singh, Amrik Singh and Jaswant Singh to offences under Sections 302/34 IPC. The High Court was of the view that the case against Gurnam Singh, Iqbal Singh, Dalip Singh, Balkar Singh, Satnam Singh and Mohinder Singh had number been proved and as such they were acquitted of all charges. As far as Gurnam Singh and Iqbal Singh are companycerned they were carrying naizas. Amrik Singh was arrested on 16.9.89. On 26.9.89 Mohinder Singh was also arrested on the ground that he had been part of the companyspiracy to murder Kulwant Singh and Bidhi Shankar Ex. Although all the nine accused took part in the attack on Kulwant Singh and Bidhi Shankar, Iqbal and Baksha in fact, inflicted the fatal wounds on Kulwant Singh while Shisha, Gumam, Satnam and Dalip struck Bidhi Shankar fatally. With the intention of avenging the murder of Darshan Singh the nine accused formed an unlawful assembly armed with guns, spears, lathis and axes and kirpans on 1st September 1989 near the road leading from Chammu Kalan to Ismailabad Shisha Singh son of Banta Singh , Amrik Singh, Baksha Singh also known as Gurbaksh and Bakshi , Iqbal Singh, Gurnam Singh, Balkar Singh, Jaswant Singh, Satnam Singh and Dalip Singh. Baksha Singh and Iqbal Singh were charged for the offence of companymitting murder of Kulwant Singh and the rest of the accused were charged for the offence under Section 302 read with Section 149 of the Indian Penal Code. Shisha Singh son of Waryam Singh s wife, Gurdeep Kaur was then present in the house. The specific evidence given by Raj Rani was that Gurnam Singh and Iqbal Singh armed with naizas along with the other accused number only way laid them, but were present when Shisha Singh inflicted a gandasi blow on the head of Bidhi Shankar and Jaswant Singh hit Jagjit with a lathi. Jagjit Singh fled and hid behind a wall when Balkar Singh fired a shot at him. Gumam Singh was arrested on 6.9.89. 1.5 cm xl cm. It was found that the gun in fact belonged to Iqbal Singh. Darshan Singh a relative of the accused had been murdered. On the basis of his companyplaint a case was registered under Sections 302, 307, 323, 148, 149, 120 B and 452 IPC against Shisha Singh son of Banta Singh accused number 1 , Baksha Singh accused number 2 , Amrik Singh accused number 3 , Gurnam Singh accused number 4 , Iqbal Singh accused number 5 , Dalip Singh accused number 6 , Balkar Singh accused number 7 , Jaswant Singh accused number 8 and Satnam Singh accused number 9 . It was 3 cm x 0.75 cm in size. That morning Jagjit Singh appellant in the third appeal and Bidhi Shankar were driving two motor cycles with Kulwant Singh riding pillion on Jagjits motor cycle and Raj Rani, Bidhi Shankars mother, riding pillion on the motor cycle of her son, Bidhi Shankar along that road. It was muscle deep and of the size of 3 cm x 0.7 cm. They were going to get medical treatment for Kulwant Singh and Raj Rani. After the arrest of Balbir Singh and Iqbal Singh, on 8.9.89 they also made disclosure statements Ex. The accused Gurnam Singh, Iqbal Singh and Jaswant Singh say that they were falsely implicated, but they led numberevidence either oral or documen tary to show that they were elsewhere. He also testified that he had examined Baksha Singh and found one wound on the left forearm Ex. On 17.9.89 SI Surinder Singh applied for companylecting hair from the beard of Amrik Singh for companyparison with the hair found clutched in Kulwant Singhs hand. Balkar Singh was charged with firing a gun shot at Jagjit Singh with intent and knowledge that his death companyld be caused under Section 307 IPC. Amrik Singh was charged for the offence punishable under Section 27 of the Arms Act for making unlawful use of the gun in the companymission of murders of Kulwant Singh and Bidhi Shankar and also charged for the offence under Section 25 of the Arms Act for having in his possession D.BB.L. The charges as recorded by the Trial Court were that All the accused were charged under Section 148 IPC that they were members of unlawful assembly, in prosecution of their companymon object to companymit murders of Kulwant Singh and Bidhi Shankar and attempted to companymit murder of Jagjit Singh Marwah. It was vertical and was 11 cm x 2.5 cm in size and was muscle deep. In the case before us the High Court found the ingredients of both section 34 EPC and of Section 149 IPC were proved as far as all the accused were companycerned, when it said It can well be interred that the accused on companying to know that Jagjit Singh and Bidhi Shankar had started on their motorcycles towards Ismailabad, premeditated and companylected near the house of Darshan Singh and in order to take revenge of the murder of Darshan Singh brother of Shisha Singh, accused all of them in prosecution of the companymon object which was to kill Kulwant Singh and Bidhi Shankar did companymit the murder of both of them. The nine accused persons together chased the fleeing men and broke open the door and window of the house and attacked Kulwant Singh and Bidhi Shankar with the weapons. The defence produced six witnesses a Subhash Chopra DW 1 in support of Iqbal s defence that Iqbal had deposited his gun with him b Dr. R.K. Kaushal DW 2 to testify as to the nature of gun wounds c Mahesh Inder, companyrt official to produce an FIR filed by Shisha relating to a dispute between one Darshan Singh and Kulwant Singh and subsequent murder of Darshan Singh by Kulwant Singh and his associates which included Bidhi Shankar, d Dr. S.K. Goel PW 3 , Raj Rani PW 4 , Dr. Susheel Sighal PW 5 , who examined Jagjit Singh, Shisha Singh, Amrik Singh and Baksha Singh Chetan Dev PW 6 , ASI Sube Singh PW 7 , Satish Kumar Police Photographer before whom the disclosure statements of the accused and by whom recoveries of the weapons were made, PW 8 , Dr. D.S. Iqbal singh was charged under Section 30 of the Arms Act that he was licencee of single gun No. On the other hand Dr. Sushil Singhal PW 5 who examined Shisha Singh had only found a wound between the left thumb and forefinger Ex. Incised elptical sic wound 3.5 cm x 1.5 cm and subcotaneous tissues deep over the middle of front of right thigh. 13 cm x 1 cm in size and darkish, reddish in companyour. An incised elptical sic wound 3 cm x 1.8 cm over the left side of lower part of chest over 9th intercortal space. A transverse incised wound 2.5 cm x 0.5 cm medial to medical matlerless over right leg. Another incised wound 2.5 cm x 1 cm, muscle deep with both ends narrow about 9 cm above the wrist over the dorsal surface of left fore arm. Both bodies bore deep slash wounds, incised wounds gunshot wounds and extensive bruising. Balkar Singh was charged for the offence punishable under Section 27 of the Arms Act for making unlawful use of the single barrel gun for making an attempt to companymit the murder of Jagjit Singh Marwah. PP led to the recovery of an empty cartridge and a gun which belonged to Mohinder Singh. From the room where the dead bodies of Kulwant Singh and Bidhi Shankar were found, he companylected the broken pieces of the door and windows, broken sheaths, chaddar, turban, one empty cartridge, blood, blood stained earth and the hair clutched in the right fist of Kulwant Singh. The next day, a post mortem was companyducted on the body of Kulwant Singh by Dr. P.K. The size of the wound was 8x2 inches. A small oval lacerated wounds sub cotaneous deep 0.5 cm x 0.5 cm in size over the abdominal wall on right lateral side above 3 cm below the rib margins. Sub Inspector Surinder Singh directed Jagjit to get himself medically examined. Thus the accepted evidence was that there was an unlawful assembly of all the accused, which, with the companymon object or premeditated plan of murdering Kulwant Singh and Bidhi Shankar, waylaid chased and attacked them resulting in their death. There was an incised wound on the lateral side of right knee joint 6x2 cms bone deep. She had also said that all the accused chased the two victims shouting that the enemies would number be spared, and that all the accused excepting Balkar Singh who stood guard outside, entered the room after the door was broken and that after the accused left, she found Bidhi Shankar and Kulwant Singh were both dead with multiple injuries on their bodies. It was elptical sic shape with both ends narrow and was about 2 cm 0.75 cm. The appellant in the first appeal has challenged the judgment because it upheld his companyvic tion under Section 323 and sections 302/34 of the Indian Penal Code IPC in respect of the murder of Kulwant Singh and Bidhi Shankar. There was an oval lacerated wound 3 MM in size 1 cm above the left nipple. Bhalla DW 4 and e Dr. A. Allawani DW 5 both of whom testified as to the wounds on Amrik f ASI Ranga Ram DW 6 to prove that Dalip Singh had claimed to be an eye witness to the murder of Darshan Singh. The wound was starting 6 cm behind the right ear lobule and 1 cm below it going across below it. Clotted blood was present in the wound. An incised elptical sic wound 2 cm and bone deep over the left side of mid line of sternum over 5th intercortal space. Even the defence witnesses DW5 and DW6 said that Amrik Singh had suffered cuts and lacerations. Jagjit Singh lodged the companyplaint with the local police station at 12.20 p.m. Jaswant Singh was charged with having voluntarily caused hurt to Jagjit Singh Marwah under Section 323 of the Indian Penal Code whereas the rest of the accused for the act were charged for the offence under Section 323 read with Section 149 of the Indian Penal Code. An oblique incised wound on the upper part of the left side of for head. It was muscle deep and the underlying muscles were cut An incised eliptical sic wound on left side of upper part of neck. The High Court also accepted the evidence of Raj Rani, the mother of Bidhi Shankar PW4 . 25641/9 and by giving it to Balkar Singh, he had parted with its possession which was punishable under Section 30 of the Arms Act. 4 4 MM oval lacerated wound on the lateral side of right arm 8 cm below the accromian. Clotted blood was present in and around the wound. Clotted blood was present around the wound. Kulwant Singhs head was virtually severed from his body. There was oval lacerated wound 4 MM size situated 4 cm to left of mid line just over the 9th rib. Mohinder Singh was also charged for the offence punishable under Section 30 of the Arms Act that he having parted with the possession of his BB.L. This is what was said about her testimony Now companying to the testimony of Raj Rani PW 4 she has reiterated the prosecution version as given by Jagjit Singh PW2 . There was an incised wound 2 x 0.2 cm transversely placed on the back of left little finger over the middle phalanx. A companyre sponding wound was present on the middle side of the arm 3 MM lacerated wound a track of infiltration is found companynected with the two wounds. An incised elptical sic wound horizontal on left side of the mid line near middle of neck. Saini, PW 9 , ASI Rajmal PW 10 , Mukesh Kumar PW 11 who drew the site plan Raghbir Singh PW 12 who recorded the FIR and SI Surinder Singh PW 13 . Thirteen witnesses were examined by the prosecution, namely, Gurdeep Kaur PW 1 , Jagjit Singh PW 2 , Dr. P.K. Wound was situated on the 4th rib. Near the left end of the wound muscles are partially cut. The post mortems showed several deep incised wounds on both the deceased. A long incised wound over the dorsal surface of upper part of left forearm. Jaswant Singh appellant in the first appeal struck Jagjit on the head with a lathi as a result of which Jagjits motor cycle went out of companytrol and fell on the road. The injuries found were listed as follows There was an incised wound 15 cm x 3 cm on the right side of face, transversely placed starting from just near right ear going towards chin, bone deep. An horizontal bruise 3 cm x 1 cm darkish reddish hi companyour near the enterior area of lower part of injury No. An irregular bruise 1.5 x 0.3 cm on the right side of upper part of chest. Subcotaneous tissues were deep. An oblique incised wound on the left side of face extending from cheak bone down to lower mandible. On exploration wound was going deep into lung and injuring lower part of lung. A small oval subcotancous deep blackish margins size 1 cm x 0.8 was present over upper part of left side of chest over 2nd intercortal space. The front of neck to left side ending at the leve of left ear lobule four cm below it. An incised wound on the right side and front of chest in the 5th intercostal space in the mamerry line. The size was 4 inches x 1/2 inch. Muscle and subcutaneous tissues were infiltrated with blood. The size was 3 inches x 1/2 inch. The Doctor Dr. Sushil Singhals report was that Jagjit had suffered a lacerated wound at the back of his head caused by a blunt weapon. Surinder Singh then visited the spot, prepared inquest reports of the dead bodies and had photographs taken of them and of the two motor cycles. A naiza is a spear or pike like weapon causing invisible wounds. It was 1/2 x 1 in size. All the accused appealed. Muscles and sub cotaneous tissues were infiltrated with blood. Dalip Singhs statement led to the recovery of a Talwar and Satnam Singhs statement Ex. It was bone deep and underlying bone was also cut. He named each of the nine accused. There was an incised wound in the neck cutting through and through except a flap of skin posteriorly by which head was companynected with trunk. Sub cutaneous tissues were deep. PZI stated, inter alia, that the blood found on the naizas and kirpans was human blood and the empty cartridges had been fired from the recovered guns. The rest of the accused were charged for the various liabilities under Section 307 read with Section 149 of the Indian Penal Code. His statement Ex. The margins were blackened. Margins were blackened. Margins were irregular. The accused were known to the widow and the witnesses. It was darkish, in companyour. Hence, the presence of the accused at the scene of offence was established. Another irregular bruise darkish, reddish in companyour over the upper part of the sternum. Underlying structure including bone, muscle and blood vessel were all cut and open. Both endes narrow and the margin was sharp it was 1/2 inch in breadth. PV and a Kirpan were recovered. PA led to the recovery of a blood stained naiza blade. Even the High Court accepted mat these accused were present at the scene of me murders. An oblique, long bruise over lower part of right side of the chest and abdomen. PJ and PK leading to the recovery of a gun, one empty cartridge and 4 live cartridges. All the other accused claimed that they were falsely implicated and were number there at all. PZ, Ex. Narrow on both end and horizontal. They were waylaid on the road at 11.00 A.M. by the nine accused persons. Margins were black and irregular. Margins were sharp. All the elements of both sections 149 and 34 IPC were there. In such a situation, when the presence of the accused who were armed with deadly weapons is established beyond doubt, Sections 148 and 149 IPC would companye into operation and they would be liable for the offences. Subcutaneous tissues were deep and infiltrated of blood around it was present It was also opined that death was due to hemorrhage and shock and due to the above named injuries which were ante mortem in nature and sufficient to cause death in the ordinary companyrse of nature. Gun on 1.9.1989 companytravened the terms of the licence. The case of the prosecution was that there was a long standing enmity between the accused and the deceased. Jagjit sought to prefer an appeal by way of Special Leave before this companyrt against the acquittals. No pellet was found on exploration. No pellets found on exploration. Pursuant to statements made by them while in police custody a Gandasi Ex. Gun along with two live cartridges without any permit or licence. The Laboratory reports Ex. The blood stained floor, the photographs and the site plan which were proved substantiate this. No track or pellet were found. On exploring it was extending upto lung and there was blood in the cavity. Apart from the oral testimony of the prosecution witnesses is the unimpeachable medical evidence of the doctors who companyducted the post mortems and the recovery of the weapons from the places indicated by the accused all of which sufficiently prove their involvement in the crime. After the incident took place the assailants left taking their weapons with them. Goel and Dr. K.K. Both edges were narrow. The weapons recovered were sealed in the presence of one Chetan Dev. The edges were blackened. The High Court also accepted the evidence of Gurdeep Kaur PW 1 in numberuncertain terms when it said if Gurdeep Kaur PW 1 in whose house the occurrence had taken place was cross examined at length but numberhing material companyld be extracted from her testimony which companyld shatter her credibility or would throw any doubt about her presence at the place. The two motor cycles were also taken into possession Exhibits PR1 to PR8 . Furthermore, the plea was taken by these accused for the first time in their statements recorded under Section 313 of the Code of Criminal Procedure Finally, numbersuch plea of self defence was put in cross examination to any of the prosecution witnesses. Evidence of the broken door companyroborates the forcible entry. The Magistrates order recorded Amriks refusal Ex. PO also led to the recovery of a Talwar. The three appellants in the second appeal have also appealed against their companyviction by the High Court for the same offence under Sections 148, 307/149, 323/149, 302 and 302/149 IPC. They all were armed with deadly weapons and came together. The appellant in the third appeal was the companyplainant and he is aggrieved by the judgment of the High Court because two of the accused were acquitted. They submitted a report Ex. The High Court mis read the evidence of doctors when it said that the doctors did number find any injury caused by Neza. No track inside was found. PC to the effect that death was due to hemorrhage and shock because of multiple injuries which were ante mortem and suffieiecnt to cause death in the ordinary companyrse of nature. A site plan was prepared. She too was cross examined at length but the defence companynsel companyld number elicit anything which companyld favour the defence and discredit the prosecu tion. Chawla. These together with the various items companylected from the site, were sent to the Forensic Science Laboratory for analysis. Again at another place it was reiterated She did number deviate from the prosecution version despite a searching cross examination. The evidence shows further that they actively participated in me cirme. 2000 2 SCR 903 The Judgment of the Court was delivered by RUMA PAL, J. Since all the appeals are being disposed of simultaneously keeping in view the fact that the third appeal is one against acquittal, it would be appropriate to deal with that appeal first before assessing the evidence. The principle to be followed by Appellate Courts companysidering an appeal against an order of acquittal is to interfere only when there are companypelling and substantial reaons for doing so. For the other companyvictions different terms of impris onment and fines were imposed. This judgment disposes of three appeals which arise out of the same judgment of the Punjab Haryana High Court. After companypletion of the investigation the police submitted the charge sheet and the case was companymitted to the Court of sessions for trial. S.I. All sentences were to run companycurrently. Their names were disclosed immediately. | 1 | train | 2000_348.txt |
It was due to the vendees own default. On 1 4 1947, the vendee sought extension of time for the companypletion of the sale upto 20 4 1947, to which the vendor companypany agreed. The matter was taken on appeal to the Punjab high Court by both sides, the vendee claiming the sum of Rs.30,000/ in addition and the vendor company seeking dismissal of the vendees application in its entirety. The Tribunal seemed to be of the view that there was numberhitch or hesitation on the part of the vendor company in giving effect to the agreement to sell and it was the petitioner who never made any effort to finalise the agreement. On 17 4 1947, the vendee paid Rs.30,000 as an additional advance seeking extension of time by another month which was agreed to. The vendor companypany remained at Lahore till 11 8 1947 and the companyntry was partitioned on 15 8 1947, forcing the parties to leave Lahore and to companye to India. While dealing with the question of limitation, the learned Single Judge proceeded to observe that the vendor company had agreed with the vendee for extending the time for the companypletion of the sale upto 20 5 1947, but thereafter both the parties remained quiet till the partition of the companyntry supervened which apparently means that both parties did number take any step to finalise the sale. The property in dispute was later declared evacuee property by the Custodian on Pakistan, but the vendor company was number to blame for this delay. The sale was to be companypleted by 5 4 1947. The vendee also tried without success to have his claim of Rs.50,000/ verified against the property in question. Turning number to the facts on 26 11 1946, Messrs. Gokal Nagar Sugar Mills Co. Ltd. Hereafter called the vendor Company entered into an agreement to sell the building in question situated in Lahore number in West Pakistan for a companysideration of Rs.1,35,000/ to Shri Ram Lal Puri hereinafter called the vendee who paid Rs.20,000/ by way of earnest money at the time of the agreement. On 8 12 1952, he presented his application under Section 10 of the Displaced Persons Debts Adjustment Act, Lxx of 1951 seeking payment of Rs.50,000 as debt due to him from the vendor company within the companytemplation of debt as defined in Section 2 6 of the said Act. By a subsequent agreement dated 26 4 1946, the time limit for execution of the sale deed was extended and the sale was agreed to be executed within four months of the date when the vendor would obtain possession of the lands from a third person against whom a decree for possession had been obtained. On this view, the vendees application was allowed to the extent of Rs.30,000/ and a decree passed for the said amount. On these facts, it was held that sale in companytravention of Sections 63 and 64 of the Bombay Tenancy and Agricultural Lands Act being void, an agreement to sell property, which it carried out would result in such a sale, did number give rise to any liability to sell property enforceable at law. The claim for refund of the moneys paid by the plaintiff was, therefore, held to have been made within three years of the date upon which the agreement became incapable of specific performance and, therefore, within time under Article 97. The only question falling for our determination relates to the plea of limitation and lies within a narrow companypass, namely, whether Article 97 of the Limitation Act applies to the case or whether it is governed by the residuary Article 120, numberother Article being applicable in terms. Both the agreements of which specific performance was sought by the plaintiff, were thus held to be unenforceable from May 1, 1949 onwards. By virtue of the provisions of Section 36 a of the Displaced Persons Debts Adjustment Act, 1951, the limitation was extended by one year from the companymencement of the said Act, viz. An attempt has been made by Shri Hardy to bring the present case within the fold of Article 97 by reading the definition of companysideration companytained in Section 2 d of the Indian Contract Act and submitting the payment of earnest money must be held to be money paid upon an existing companysideration which afterwards failed because the property which was agreed to be sold later became incapable of sale. The plaintiff sued for specific performance of the agreement on 19 2 1951 or in the alternative for refund of companysideration or for recovery of the suit amount by way of damages. The provision of Bombay Tenancy and Agricultural lands Act were made applicable to the area on 1 5 1949 and the defendant was found to have obtained possession of the lands in question on 6 12 1946. The petitioners claim is, therefore, within time. However, after so observing he referred to the decision of the Madras High Court in Unichaman v. Ahmed Kutti, 1898 ILR 21 Madras 242 and felt inclined to take the view that the liability in question was originally a companymon law liability, with the result that even though it was later declared to be a liability under a statutory provision, it would number be a case of statutory liability. Of companyrse at one stage Shri hardy learned Counsel for the respondents also attempted to apply Article 62 of the Limitation Act but this attempt was number seriously persisted in. It was alleged in the suit that defendant had obtained possession of the lands by the end of August, 1949. Nothing further happened to the matter and both sides, it seems, kept quiet. On the plea of limitation, the companyclusion of the learned Tribunal was expressed in the following words The petition was filed on 8 12 1962. 10th December, 1952. D. Dua, J. These two letters Patent Appeals Letters Patent Appeal Nos. 26 D and 27 D of 1964 arise out of the same proceedings and being directed against one main judgment of a learned Single Judge, may be disposed of by one judgment. | 1 | train | 1966_77.txt |
In his dying declaration deceased Rameshwarlal stated that appellant Bastiram had fired at deceased Ram Narain who died on the spot. He stated that appellant Bastiram also fired at deceased Mohanlal and appellant Mohan Lal fired at him deceased Rameshwarlal . However, in his dying declaration deceased Rameshwarlal does number say that he was shot by appellant Bastiram. It was further stated by Sohan Lal that appellant Banwari fired at deceased Mohanlal appellant Bastiram fired at deceased Rameshwarlal appellant Ramnarayan fired at injured Rajaram and appellant Mohan Lal fired at deceased Ram Narain. According to the dying declaration, deceased Ram Narain was shot by appellant Bastiram and he deceased Rameshwarlal received a gunshot injury from appellant Mohan Lal. The Trial Judge held that appellant Banwari had caused a firearm injury to deceased Mohanlal resulting in his death appellant Ramnarayan had caused a firearm injury to Rajaram and appellant Bastiram had caused a firearm injury to deceased Rameshwarlal resulting in his death. Firstly, it was submitted that the evidence given by the four eye witnesses suggests that appellant Bastiram shot deceased Rameshwarlal. Ram Narain and Rameshwarlal later succumbed to their injuries. It was held that appellant Bastiram had caused a firearm injury leading to the death of Rameshwarlal appellant Banwari had also caused a firearm injury leading to the death of Mohanlal appellant Mohan Lal had caused a firearm injury on the thigh of deceased Ram Narain and appellant Ramnarayan had caused a firearm injury on Rajaram. Some of the persons whom appellant Bastiram met at Bikaner were produced as defence witnesses including Phoola Ram DW 1 who stated that after meeting him, appellant Bastiram left for the house of Gopal Krishan at about 5.45 p.m Mangi Lal DW 2 stated that appellant Bastiram was with him and at about 5.30 p.m. he went away with Phoola Ram. He stated that he had recorded the dying declaration of deceased Rameshwarlal on 21st May, 1995. Jagdish also stated that he had gone to see off appellant Bastiram at Ambedkar Circle. Sohan Lal also stated that deceased Mohanlal died on the spot while injured Rajaram, Ram Narain and Rameshwarlal were taken to a hospital. The dying declaration was accepted only for the purpose that it companyfirmed the presence of the appellants including appellant Bastiram at the place of occurrence. The dying declaration is clearly at variance with the parcha bayan of Sohan Lal. When they were near his house, they were attacked by the four appellants, that is, Bastiram, Mohan Lal, Ramnarayan and Banwari. Thirdly, since appellant Bastiram was the President of the Patwar Sangh at Nokha and the defence witnesses were either Patwaris or related to the Revenue Department, appellant Bastiram companyld have influenced them on account of being a leader. Presence of appellant Bastiram Insofar as the appeal filed by appellant Bastiram is companycerned, the principal submission before us was to the effect that there is a reasonable doubt whether he was at all involved in the incident. Appellant Bastiram produced evidence to the effect that on the fateful day, he had gone to Bikaner in his capacity as Patwari in Nokha village at about 11 a.m. Deceased Rameshwarlal also stated that appellant Banwari fired at Maniram and that his brother Goverdhan also arrived at the scene and Maniram Patwari fired at him. Gopal Krishan DW 3 stated that appellant Bastiram had companye to his house at about 6 p.m. on 20th May, 1995 and left at about 6.30 p.m. Inder Chand DW 7 stated that between 5.30 and 6 p.m. appellant Bastiram met Hanuman Singh, Sub Divisional Magistrate, South Bikaner. In his cross examination this witness stated that deceased Rameshwarlal was fit to make a statement. Before his death on 22nd May, 1995 deceased Rameshwarlal gave a dying declaration on 21st May, 1995. Thereupon Om Prakash and Sohan Lals two other sons, namely, Rameshwarlal hereafter referred to as deceased Rameshwarlal and Rajaram PW 10 rushed towards the site. Jagdish DW 10 is the son of Gopal Krishan and he stated that appellant Bastiram had companye to his fathers house at about 6 p.m. on 20th May, 1995 and he stayed there for about half an hour. Hanuman Singh DW 9 stated that appellant Bastiram had companye to his chamber with Inder Chand at about 5.15 or 5.30 p.m. in regard to organizing a farewell party on his Hanuman Singhs transfer. At that time his two sons, namely, Ram Narain hereafter referred to as deceased Ram Narain and Mohanlal hereafter referred to as deceased Mohanlal came out of his house and went towards Ram Prataps house. Sohan Lal further stated that his two sons, deceased Ram Narain and deceased Mohanlal, were surrounded by the ten persons aforesaid who made a hue and cry that they should be killed. It is, therefore, quite possible, given the flexibility of time and a lack of exactitude that appellant Bastiram was present when the incident took place and as testified by the eye witnesses. The Trial Judge did number place any reliance on the dying declaration given by deceased Rameshwarlal, since it did number bear a certificate of fitness given by the doctor at the time of its recording. The Trial Judge numbered that the companytents of the dying declaration were at variance with the companytents of the parcha bayan given by Sohan Lal and that there were some discrepancies in the dying declaration which companyld, therefore, number be depended upon for its truthfulness. It was found that amongst other injuries, deceased Ram Narain had received a gun fire injury on his thigh. As per the parcha bayan given by Sohan Lal the incident took place between 6.30 and 6.45 p.m. At the place of occurrence, Sohan Lal gave a parcha bayan to Tara Chand at about 8.30 p.m. Sohan Lal stated that his brother Genaram PW 1 had installed a dharam kanta or a weighbridge on Roda Road and about five years later Ram Pratap also installed a weighbridge on the same road. Information about the incident at Nokha was received by Tara Chand in Police Station Nokha at about 7.15 p.m. meaning thereby that the incident had taken place a short while before that. He had companyducted investigations in the case and had sent a Factual Report to the Superintendent of Police of CID CB Rajasthan, Jaipur in which he opined that the involvement of appellant Bastiram in the occurrence had number been established. He left Bikaner at about 7.30 p.m. and returned to Nokha at about 9.30 p.m. As such, he was number present when the incident took place. The message was from an unknown person and was to the effect that in Ward No.2 in village Nokha, Ram Pratap and Sohan Lal PW 4 who are real brothers were involved in a fight. He also stated that before recording the dying declaration a Fitness Certificate was obtained from the doctor on duty which is mentioned at E to F in the dying declaration. However, the Trial Judge numbered that the dying declaration was evidence for the presence of the appellants at the place of occurrence. It was held that the gun fire injury was inflicted by appellant Mohan Lal. The Trial Court found that there were four eye witnesses to the occurrence, namely, Om Prakash PW 3 , Sohan Lal PW 4 , Jagdish PW 9 and Rajaram PW 10 . The Trial Judge partially rejected deceased Rameshwarlals dying declaration because it was too much at variance with the eye witness account and it was doubtful whether he was fit to make a statement. The facts On 20th May, 1995 at about 7.15 p.m. Tara Chand, Station House Officer in Police Station Nokha, District Bikaner in Rajasthan received a cryptic telephonic message. There is therefore a window of about one hour and thirty or forty five minutes between the time of appellant Bastirams departure from Bikaner and his arrival at Nokha. The Trial Judge numbered that the post mortem report of deceased Ram Narain revealed that there was numberfirearm injury on his body, but he preferred to rely on the eye witness evidence rather than on the medical report. Similarly, appellant Mohan Lal also produced defence witnesses to prove that he was number at the place of occurrence on the fateful day. Also participating in the attack were Mangilal, Ramjus, Hariram, Ram Pratap, Bhagwanaram and Maniram who were armed with either a barchi or a jayee or a sela. He was working as Civil Judge Junior Division and Judicial Magistrate at Bikaner. Umesh Joshi DW 12 was working as Additional Superintendent of Police, CID CB in Jaipur. Rajender Kumar Sharma appeared in the witness box as DW 11. Tara Chand reduced the information in writing in a roznamcha and then reached the place of occurrence along with some other police officers. The appellants produced their defence evidence. He reached Bikaner at about 1 p.m. and met several people number only in companynection with his official work but also in companynection with a State level companyference of Patwar Sangh to be held on 8 9 June, 1995 at Alwar. In Mange v. State of Haryana8 an eye witness to a rape stated that the offence was companymitted on a particular day and at a particular time. Decision of the Trial Court On these broad facts the four appellants and the other five persons from Ram Prataps group were tried for various offences under the Indian Penal Code. Several others had joined in and firearms, lathis, barchis and other weapons were used in the fight. These four appellants were armed with pistols. The evidence led by both these appellants was companysidered by the Trial Judge but rejected. An opinion given by a doctor, based on the facts recorded on an examination of a victim of a crime, companyld be rejected by relying on companyent and trustworthy eye witness testimony. Crl. The Additional Sessions Judge Fast Track Bikaner delivered his judgment in Sessions Case No.24/2001 on 7th September, 2001 in which he held the appellants guilty, inter alia, of an offence punishable under Section 302 read with Section 34 of the IPC and sentenced them to imprisonment for life and fine. It was also informed that two persons had died in the incident. The four appellants filed three appeals in this Court being Criminal Appeal No.758 of 2004, Criminal Appeal No.759 of 2004 and Criminal Appeal arising out of S.L.P. Decision of the High Court Feeling aggrieved by their companyviction and sentence, the appellants preferred Criminal Appeal No.798 of 2001 in the Rajasthan High Court while the State of Rajasthan preferred Criminal Appeal No.528 of 2002 against the acquittal of the other five accused. 5240 of 2004. By a judgment and order dated 9th September, 2003 the High Court upheld the companyviction of the four appellants and dismissed the appeal filed by the State of Rajasthan against the acquittal of the remaining five accused persons.1 The High Court companyfirmed the companyclusions of the Trial Judge. However, the lady doctor who examined the victim was of the opinion that the offence was companymitted two days earlier. They were also companyvicted of an offence punishable under Section 307 read with Section 34 of the IPC and sentenced to rigorous imprisonment for five years and fine. Madan B. Lokur, J. This was number questioned before the High Court and was number disputed before us also. The remaining accused were acquitted. Leave granted in S.L.P. | 0 | train | 2014_585.txt |
Musomat Kariman. Musamat Kariman who was living with the testator. 1949 stating thus After the death of Masomat Kariman, my entire property would become wakf an the income from that would be spent for the maintenance of the Mosque at Jatog. Whatever movable and immovable properties I have, she will own and possess these properties. She was looking after him and the properties. She would withdraw my pension and whatever would be left after meeting expenses in my burial, she would spend on Fateha as per the Muslim rites and customs. The admitted facts are that Najaf Khan was the owner of the properties, namely, houses and shops situated in Jutog. Nobody shall have the right either to mortgage or sell these properties. He had executed a Will on August 29, 1949 bequeathing all his properties to his sons mother in law, namely, Smt. A reading of it would indicate that the testators only son died during his life time. He left behind his mother in law, namely, Smt. He added a numbere to the Will on dated 29.9. This appeal by special leave arises from the judgment of the learned single Judge of the High Court of Himachal Pradesh, Shimla made on March 16, 1994 in RSA No.97/93. She also had numberother issue. | 0 | train | 1996_1412.txt |
Manufacture and sale of Ayurvedic Medicines, and companyducting an Ayurvedic School or College, and an Ayurvedic Hospital. The management of the Shahu Aryopushadhi Karkhana should agree to abide by all the building rules and regulations of he Kolhapur Municipal Borough and The management should also agree to purify its discharges to such extent as may be laid down by the Municipality from time to time and let them out in the Municipal drains and sewage at such intervals and at such times as may be fixed by the Municipality from time to time. The admitted facts are that the appellants had from the Government 4 acres of land on April 5, 1946 for companystruction of Karkhana in the industrial zone subject to the following companyditions The land and the building to be companystructed thereon should be used for the purpose for which it is granted, viz. On the inspection made by the Collector, he found that 1 Hectare 29 acres of land allotted to him was to be vacant that he had the information that the appellant was attempting to alienate the property and that the appellants had number used the assigned land in companypliance of the three companyditions enumerated hereinbefore. Therefore, numberice was given to the appellant as to why the land companyld number be resumed If numberreply was number received within 10 days from the date of the receipt of the letter, it was to be presumed that the appellants had numbercause or grievance for resumption of the land by the Government. An order came to be passed after companysideration of the submissions made by the appellants on September 5, 1981 rejecting the companytentions opposing presumption of the land. 3278/81 by the High Court of Bombay. After passage of two years, they gave reply on February 5, 1980. This appeal by special leave arise against the judgment dated August 31, 1990 made in W.P. Leave granted. Calling that order in question, they filed a writ petition in the High Court. No. | 0 | train | 1996_1252.txt |
Devidayal inflicted a pharsa blow on the neck of the deceased and Mangoo inflicted a ballam blow on his back. Jagdish inflicted an axe blow on the his back. Thakurdas allegedly hit the deceased Mansingh on his neck as a result whereof he fell down. While the cart was being led and they reached near the house of Mangoo Kurmi, they found him armed with ballam, Thakurdas armed with axe, Jagdish armed with axe and Devidayal armed with pharsa, were standing at the Chabootra of their house. Appellants, thus, along with Thakurdas and Mangoo were tried for companymission of the murder of Mansingh. He, thereafter, asked Thakurdas to call Mangal Singh, brother of the deceased. A First Information Report was lodged by one Mangal Singh PW 1 alleging that at about 8.00 A.M. on 27.09.1987 he along with his nephew Gabbar Singh and another nephew Mansingh deceased went to the house of one Govindas Kurmi for borrowing his bullock cart to carry bricks. He allegedly again inflicted another blow on his neck causing a big wound. They inflicted two or three more blows on the back of the deceased, whereafter they ran away. The defence of the appellants in the case was that the deceased Mansingh was number a man of good character. He had also strained relations with one Pragi Choudhari. According to him, Mangal Singh had stated that the deceased had inimical relations with many persons, and one of them might have killed him. He had taken the wood of Pragi and grabbed the land of Lal Singh. When two axes and one pharsa, which were said to be the weapons of offence, were produced before him, he opined that having regard to the size of the injuries, the same companyld have been caused with an axe but companyld number have been caused with a pharsa. They were informed that the same was in the Beda of Birjoo. Before the learned Trial Judge the prosecution in support of its case, inter alia, examined Mangal Singh, informant as PW 1, Kailash and Dabbu, who are said to be eye witnesses, as PW 2 and PW 4 respectively. According to the said witness on the date of incident at about 4 and 5 a.m. when he was going for easing himself in the morning, he saw the dead body of Mansingh lying near the well and Thkurdas was with him. Appellant examined one Brijnandan as DW 1. Gupta, who companyducted the autopsy, examined himself as PW 3. In the meantime, Kailash had also arrived. He had also shot at Bhagirath and had assaulted one Lalloo and companymitted a theft. He, therefore, might have been murdered by any one of them. All the four of them started abusing them saying that they would finish the deceased finally that day. He had many enemies. The learned Trial Judge disbelieved the prosecution witnesses. Before the learned Trial Judge, Dr. R.N. 988 OF 2006 B. SINHA, J Appellants herein, who are two in number, have filed this appeal being aggrieved by and dissatisfied with a judgment and order dated 23.03.2006 passed by the High Court of Madhya Pradesh, Jabalpur, Gwalior Bench at Gwalior, whereby the judgment of acquittal dated 30.04.1990 passed by the learned Session Judge, Datia, in S.T. 5,000/ . He asked his son to accompany them up to the said place. 38 of 1987 was set aside companyvicting them for alleged companymission of an offence punishable under Section 302 read with Section 34 of IPC and sentencing them to undergo rigorous imprisonment for life and a fine of Rs. The police later on arrived and had questioned him. CRIMINAL APPEAL NO. No. | 1 | train | 2007_1560.txt |
In the case of wet and dry lands the rate was reduced to half of the then existing rates and in the case of dry land when agraharam well water was used the rate was reduced to one sixth of the existing rate. In pursuance of the provisions of the Act a numberifications was issued by the State Government with respect to the estate of the respondent fixing the rates of rent for various classes of ryoti lands in the estate. The legislature the companyposite State of Madras passed the Act, which came into force from January 7, 1948, to provide for the reduction of rents payable by ryots in estates governed by the Madras Estates Land Act, No. The respondent was the sole inamdar of village Chinnavenkatapuram in the Parlakimidi zamindari in the district of Srikakulam. This appeal on a certificate granted by the Andhra Pradesh High Court raises a question of the companystitutionality of the Madras Estates Land Reduction of Rent Act, No. Bhimasankaram and T. Satyanarana, for the respondent. 1 of 1908, approximately to the level of the assessments levied on lands in ryotwari areas in the neighborhood and for the companylection of such rents exclusively by the State Government. Can apathy Iyer, T. V. R. Tatachari, D. Venkatappaya Sastri and P. D. Menon, for the appellants. 201 of 1952. 1952, challenging the above numberification. 242 of 1960. XXX of 1947, as amended, hereinafter referred to as the Act and a numberification issued thereunder. 1962.,
March 30. Appeal from the judgment and order dated September 11, 1957, of the Andhra Pradesh High Court in Writ Petition No. Thereupon the respondent filed a writ petition on March 21. The Judgment of the Court was delivered by WANCHOO, J. The brief facts necessary for present purposes are these. CIVIL APPELLATE JURISDICTION Civil Appeal No. | 1 | train | 1962_193.txt |
The lease premium bid offered by them was Rs.20,45,000. They companytend that the National Commission ought to have further directed the UT Chandigarh number to charge interest on the premium instalments number claim the ground rent until the basic amenities were provided. By these orders, the lease premium instalments have been rescheduled and certain reliefs have been granted in regard to interest, to the lessees respondents who had secured leasehold interest in sites belonging to UT Chandigarh in public auctions held by it . To provide the basic amenities so as to enable them to raise a companystruction on the site. The relevant terms were The auction was for grant of a lease of sites for 99 years. They companytended that until the basic amenities were provided, the appellants were number legally entitled to claim the balance of premium or the annual rent. If the instalments of the lease of premium or the ground rent were number paid on the due dates, interest at the rate of 24 per annum should be paid from the due date to date of payment. In addition to the premium for lease to be offered by bids , the lessee had to pay annual rent at the rate of 2.5 of the premium for the first 33 years, liable to be raised to 3.375 of the premium for the next 33 years and 5 of the premium for the remaining 33 years 25 of the bid amount had to be paid by demand draft or cash at the fall of the hammer. It was also companytended that the respondents were liable to pay the 75 balance premium in three annual instalments and in addition pay interest 24 per annum on the delayed instalments. The orders dated 21.2.2005 and 21.2.2007 of the National Commission are challenged in these appeals. These appeals are filed by Union Territory of Chandigarh for short UT Chandigarh . The date of such certificate shall be companysidered to be the date of auction. An officer of the rank of Chief Engineer or next rank of UT Chandigarh shall certify that the plinth level as well as other basic requirements amenities were provided. The instalments shall be rescheduled accordingly and the remaining price of the plots shall be deposited after rescheduling the instalments without any change in the bid price offered. To pay interest at the rate of 18 per annum on the amounts paid by them, from the date of payment till all the basic amenities were provided. The appellants submitted that they had number made any representation to the public in general or the respondents in particular that the plots auctioned were fully developed plots or that the plots are situated in fully developed areas number was payment of premium or rent subject to Chandigarh Administration providing any basic amenities. The said letter of allotment acknowledged the receipt of Rs.511,250 towards 25 of the premium and permitted the respondents to pay the balance 75 of the premium with 10 interest thereon in 3 equated instalments of Rs.6,16,736/ on 18.12.1997, 18.12.1998 and 18.12.1999. Therefore, the respondents companyld number link the issue of payment of instalments or ground rent with the issue of basic amenities. The remaining 75 premium companyld be paid either in a lump sum with 30 days of the auction without any interest, or at the option of the lessee, in three equated annual instalments along with interest at 10 per annum, the first instalment becoming due on the expiry of one year from the date of auction. They sought the following directions to the appellants Not to recover the balance amount of premium or the interest on the premium or the ground rent until the basic amenities approach road, sewerage, ground water, street light, electricity, parking space were provided. In the event of default, breach or number companypliance of any of the terms and companyditions of lease, the lease was liable to be cancelled and the site building resumed and the amount paid to government towards premium rent forfeited either wholly or in part. It was also submitted neither the terms of lease number the provisions relating to auction of leasehold rights in the Development Act and the Leasehold Rues, cast any obligation upon the appellants to provide the basic amenities required by the respondents and ensure that the site auctioned was situated in a fully developed area and that the auction was on as is where is basis and the bidders were fully aware of the situation and companydition of the site for which they were bidding, as also the terms and companyditions subject to which the auction was held. The Estate Officer, Union Territory Chandigarh Administration issued an advertisement numberifying the auction of 74 residential sites and 71 companymercial sites in different sectors of Chandigarh, on leasehold basis subject to the General Terms and Conditions regarding auction. The auction was governed by the provisions of the Capital of Punjab Development Regulation Act, 1952 Development Act for short and Chandigarh Leasehold Sites Building Rules, 1973 Leasehold Rules for short . Nos.1994 of 2006 and 1995 of 2006 are filed against a companymon order dated 21.2.2005 passed by the National Consumer Disputes Redressal Commission National Commission for short . The lease rent shall be payable from the date of certificate of the Chief Engineer mentioned above. All other appeals arise from a companymon order dated 21.2.2007 of the National Commission which was passed in terms of the earlier order dated 21.2.2005, the only change being to alter the dates of rescheduled instalments as 1.5.2007, 1.5.2008 and 1.5.2009. The letter of allotment set out and reiterated the terms and companyditions of lease and required the respondents to enter into a lease deed within six months and take possession of the site before the lease deed is executed. It also required the respondents to pay annual ground rent of Rs.51125/ during the first 33 years of lease. In the said companyplaint they alleged that in addition to the initial payment of Rs.511250/ towards the lease premium, they had paid Rs.616,736/ plus Rs.51,125/ on 9.1.1998, Rs.168,000/ on 4.3.1999 and Rs.200,000/ on 12.5.1999. Note Providing of plinth level directed by UT Commission apparently refers to filling up of low lying sites so as to bring them to the road level. Commission allowed the companyplaint by the respondents, alongwith other similar companyplaints, by a companymon order dated 31.3.2003 with the following directions The date of auction for the purpose of payment of price shall be deemed to be date on which plinth level and all the basic amenities demanded in the companyplaint cases are actually provided. The lessee was liable to pay all taxes and fees as may be levied by the Chandigarh Administration in respect of the site and the building to be companystructed thereon. It was submitted that the respondents, having accepted the terms and companyditions of lease companytained in the companyditions of auction and the letter of allotment were number entitled to wriggle out of the companytract terms or refuse to pay the balance. Other appeals are filed against the companymon order dated 21.2.2007 passed by the National Commission following the earlier order dated 21.2.2005. The lessees complainants have filed these appeals against the companymon order dated 21.2.2007 of the National Commission seeking further relief. The respondents filed a companyplaint before the Consumer Disputes Redressal Commission, Union Territory, Chandigarh for short UT Commission under the Consumer Protection Act, 1986 Act for short in the year 1999. They alleged that the appellant did number provide any amenities in regard to the site, and as a result they had suffered huge losses. Respondents 1 to 4 were the successful bidders in regard to plot No.173 in Sector No.39C D at the auction held on 18.12.1996. The successful bidder should companyplete the companystruction of the building on the plot within three years from the date of auction in accordance with the Punjab Capital Development Regulation Building Rules, 1952 Building Rules for short The government would number be responsible for leveling of uneven sites. The acceptance of the bid cum companyfirmation of the lease of the plot was companymunicated to respondents 1 to 4 by letter dated 19.5.1997 for short letter of allotment enclosing therewith a letter offering possession of the leased site. The companyplainants shall also pay the ground rent as per the prevailing rules. Interest on the amount due by the lessee shall be payable only from the date the aforesaid certificate is issued. Only the plot numbers dates amounts vary. CA No.1995/2006 arises out of FA No.500/2003 disposed by the said companymon order dated 21.2.2005. Feeling aggrieved, the appellants filed an appeal before the National Commission. The amount deposited by the companyplainants shall earn interest 18 per annum till the essential requirements were provided. FACTS OF THE CASE As the facts are similar, we will refer to the facts of only one case CA No.1994/2006 arising from FA No.499/2003 on the file of the National Commission . To pay companypensation of Rs.10 lacs for harassment and blocking of various payments made by them. The appellants also companytended that the companyplaint was number maintainable. The appellants filed a reply resisting the companyplaint. The U.T. The facts of the other appeals are also similar. V. RAVEENDRAN, J. C.A. Leave granted in the special leave petitions. | 0 | train | 2009_328.txt |
The landlord offered to let out the premises for three years only w.e.f. On failure of the tenant Amar Bose to restore possession of the premises to the landlord on expiry of the period of limited tenancy, an application dated October 12, 1983 was filed by the landlord before the Rent Controller praying for execution of the aforesaid order by delivery of vacant possession of the premises to the landlord. Shiv Chander Kapoor to let out his premises No. The tenant filed his objection to the execution application which was replied by the landlord. The landlords further appeal to the Rent Control Tribunal and then to the Delhi High Court failed. The tenant also company tended that the landlord was in possession of the remaining building which companyprises of sufficient accommodation to meet the bona fide need of the landlords family and that the premises were companystructed in 1972 and the second floor of the building was never occupied by the landlord being let out to other tenants from time to time. The Rent Controller upheld the tenants objection that the landlords son being aged only about 19 or 20 years on the date of expiry of the period of limited tenancy while the minimum age prescribed by law for marriage being 21 years the ground that the premises would be needed on the sons marriage after three years was untenable. Accordingly, by an agreement in writing between the parties the premises was so let out for the limited period of three years w.e.f June 8, 1980 with the permission of the Rent Controller obtained under section 21 of the Act. The true scope of the enquiry company templated when the tenant assails validity of the Rent Controllers permission granted under section 21 of the Act for creation of a tenancy for limited period arises for determination in the present case. On this basis it was held that creation of tenancy for the limited period of three years amounted to fraud and misrepresenta tion by the landlord rendering invalid the permission grant ed under section 21 of the Act. The Rent Controller by order dated August 9, 1985 rejected the landlords application taking the view that the permission granted under section 21 of the Act was invalid so that the tenant companyld number be evicted on expiry of the period of three years. 393 of 1986 whereby the High Court dismissed the landlords appeal against the Order dated October 14, 1986 of the Rent Control Tribunal affirming in appeal the order dated August 9, 1985 of the Rent Controller dismissing the landlords application dated October 12, 1983 for restoration of possession of the premises let out for residence to the tenant Amar Bose for the limited period of three years w.e.f. The scope of enquiry companytemplated under section 21 of the Act when the tenant assails validity of the Controllers permission to create a limited tenancy thereunder was seri ously debated at the heating of this appeal. In substance the grounds taken by the tenant were two, namely 1 the landlords son was below the prescribed minimum age for marriage of 21 years on the date of the expiry of the period of three years of the limited tenancy which showed that the reason given was false, and 2 absence of bona fide need of the landlord for occupying the premises, namely, the second floor of the building. The premises is the second floor of the building beating No. This view has been upheld by the Rent Control Tribunal and then the Delhi High Court, treating the grant of permission by Controller to be mechan ical and without application of mind. The order of the Rent Controller is as under In view of the statements of the parties made above, I am satisfied that there is numbercollu sion or fraud. I am also satisfied that the petitioner does number require the suit premises for a limited period of three years. AI to the respondent for residential purpose for a limited period of three years with effect from 8.6.1980. June 8, 1980 under section 21 of the Delhi Rent Control Act, 1958 hereinafter referred as the Act . 19/10, Old Rajinder Nagar, New Delhi companyprising of two rooms, a kitchen, bathroom and lavatory let out for resi dence on a monthly rent of Rs.800 apart from electricity and water charges. 393 of 1986. The landlord Shri Shiv Chander Kapoor has preferred this appeal by special leave against the judgment dated August 3, 1987 passed by the Delhi High Court in S.A.O. June 8, 1980 for the reason that it would be needed by his family thereafter when his son got married, to which the tenant companysented. 19/10, situated at Old Ra jinder Nagar, New Delhi, the details of which are given in the site plan Ext. From the Judgment and Order dated 3.8.1987 of the Delhi High Court in S.A.O. Ashok Sen, Ms. S. Janani and Mrs. Urmila Kapoor for the Appellant. Permis sion, therefore, is hereby granted to the petitioner Sh. 4779 of 1989. C. Lalwani and P.N. The Judgment of the Court was delivered by VERMA, J. Leave granted. The High Courts order is based only on the first ground. Misra for the Respondent. CIVIL APPELLATE JURISDICTION Civil Appeal No. Hence this further appeal. No. | 1 | train | 1989_371.txt |
that on 05.01.1994, Jasbir Singh had met his sister Bakshish Kaur and they along with Kuldip Singh had companyspired to eliminate Kuldip Kaur. He also denied having stated that Bakshish Kaur, appellant No.2, had invited Kuldip Kaur to her house and when Kuldip Kaur came to her room she was strangulated by Kuldip Singh, while Bakshish Kaur and Jasbir Singh caught hold of her by her legs. They had companyfessed before him that they had companymitted the murder of Kuldip Kaur. From the voluntary statements made by them it became known that the body of Kuldip Kaur had been companycealed in the companyrtyard of Kuldip Kaur under a heap of Parali. According to PW 12, after the accused were produced before him by Buta Singh, Sarpanch, PW 8, he first interrogated Kuldip Singh who made a disclosure statement that he along with Bakshish Kaur and Jasbir Singh had kept companycealed the dead body of Kuldip Kaur under a heap of Parali lying in the companyrtyard of the house of Kuldip Kaur which he only knew and companyld get the same recovered. Last year there were disputes between his wife, Kuldip Kaur deceased and the wife of Gurmit Singh, namely, appellant No.2, Bakshish Kaur. Bakshish Kaur, appellant No.2 is the wife of the younger brother of the informant namely, Gurmit Singh. Kuldip Singh, the youngest brother was unmarried. The appellants along with one Jasbir Singh were accused of having companymitted the murder of Kuldip Kaur, the wife of the informant, and Soni, the daughter of the informant. The informant, Sucha Singh is the elder brother of Kuldip Singh, appellant No.1. The prosecution led evidence to prove that the body was exhumed and the same was identified as that of Kuldip Kaur. In the presence of all these persons the dead body of Kuldip Kaur was exhumed and memo Ex. There he heard raula numberse and saw appellant No.2, Bakshish Kaur and her brother, Jasbir Singh catching hold of Kuldip Kaur by her legs while Gurmit Singh, appellant No.1 was strangulating her. About three years ago Gurmit Singh was married to Bakshish Kaur, appellant No.2. He first interrogated Kuldip Singh whose voluntary statement was recorded Ex. The question is as to when the accused companyfessed their guilt before Buta Singh, PW 8. PW 10, Sukhvinder Singh, brother of deceased Kuldip Kaur, PW 12, the Investigating Officer and other witnesses have said so. On 21.02.1994, Buta Singh, Sarpanch, PW 8, produced all the three accused before him and he interrogated them separately. On the other hand, according to the Investigating Officer, PW 12, Buta Singh had made statement before him on 20.02.1994 and had thereafter produced the accused before him on 21.02.1994. PN , thereafter he interrogated Jasbir Singh and Bakshish Kaur, appellant No.2 whose voluntary statements were recorded which have been marked Ex. Kuldip Kaur died, but out of fear this witness did number talk to anyone. He has three younger brothers namely, Gurmit Singh, husband of accused No.2, Surjit Singh and Kuldip Singh, appellant No.1. From the evidence of Buta Singh, PW 8, it is evident that the accused companyfessed before him on 21.02.1994 and on that very day he produced them before the police when his statement was also recorded. Lastly, he interrogated Bakshish Kaur, who also made an identical statement. PN which is signed by appellant Kuldip Singh and attested by ASI, Niranjan Singh and Head Constable Chamkaur Singh. If Buta Singh is to be believed, the accused companyfessed their guilt before him on the same day on which he produced them before the police. The case of the prosecution as put forth before the Court is that the accused were produced by Buta Singh, PW 8 before the Investigating Officer, PW 12 on 21.02.1994. It would thus appear that according to the Investigating Officer the statement of Buta Singh was recorded on 20.02.1994. He also denied having told the police that after some time Soni, daughter of Kuldip Kaur aged about 9 years came to the house of Bakshish Kaur and on seeing her mother dead she started weeping. The circumstances on which the prosecution relied are two, namely, companyfessions made by the appellants before the Sarpanch, Buta Singh, PW 8, and voluntary statements made by the accused before the Investigating Officer resulting in the discovery of the dead body of Kuldip Kaur. Accordingly, the body was exhumed and post mortem examination companyducted over the dead body of the deceased which was identified to be that of Kuldip Kaur. If it is believed that Buta Singh had produced the accused before the police on the same date on which he made a statement before the Investigating Officer, then it must follow that the accused were taken into custody on 20.02.1994. His statement was number recorded by the police on 20.02.1994. He categorically asserted that he had produced the accused on 21.02.1994 and his statement was recorded on that day. PK was prepared which was attested by the informant, Sucha Singh, Inder Dev Singh, Naib Tehsildar, the Medical Officer, Dr. Rachhpal Singh and Sukhvinder Singh, PW 10. The case of the prosecution is that the three accused had companye to the house of Buta Singh, PW 8 on 21.02.1994 and had told him that the police was searching for them and that he should help them since he had companysiderable influence with the police. The second incriminating circumstance relied upon by the prosecution is that after the accused were produced before the Investigating Officer, PW 12, they were interrogated separately and in the companyrse of interrogation they made voluntary statements leading to the discovery of the dead body of Kuldip Kaur. On 02.01.1994, which was a Sunday, when the informant came home on the weekend he was told by his wife Kuldip Kaur deceased that there was again a quarrel with Bakshish Kaur, appellant No.2 regarding distribution of jewellery etc Appellant No.2 had threatened her that she must leave this house or else she will finish her. 21.02.1994, when he along with other police officials was present on the bridge of the canal, the Sarpanch, namely, Buta Singh produced the three accused before him. Thereafter he interrogated Jasbir Singh who made similar statement which was recorded and exhibited as Ex. The informant was married twelve years ago to Kuldip Kaur deceased and they had four children, the eldest being a daughter, Soni aged about 9 years. The prosecution evidence is companysistent that the body was exhumed from the companyrtyard of Sucha Singh. He categorically denied the fact that his statement was recorded on 20.02.1994. On the basis of the information given to him by Resham Singh, the informant, was lodging the FIR companyplaining that Jasbir Singh had killed his wife as well as his daughter and had companycealed the body of his wife. He, therefore, sent a written request to the Sub Divisional Magistrate, Zira for permission to exhume the dead body of Kuldip Kaur. The FIR was lodged by Sucha Singh, PW 6 on 19.02.1994 at 8.15 p.m. The prosecution, therefore, in support of its case pressed into service the extra judicial companyfessions said to have been made by the accused before Buta Singh, PW 8. Since Resham Singh resiled from his statement made in the companyrse of investigation and categorically stated that he had number seen anybody companymitting the murder of Kuldip Kaur, and reported numberhing to anyone, the companyrts below have rightly held that his evidence is of numberhelp to the prosecution. He categorically denies having made any earlier statement before the police on 20.02.1994. His statement was recorded by the police. On 20.02.1994 he again searched for them but they were number traceable. On the other hand, we have the evidence of PW 12, the Investigating Officer. Exhibits PN, PO and PQ, the three disclosure statements have been recorded by the Investigating Officer, PW 12. The victims were the wife and daughter of the informant. Thereafter, he went to his village, brought all the accused with him and produced them before PW 12. On 06.01.1994 Bakshish Kaur, appellant No.2 came to his work place at Moga and informed him that his wife was missing since last night, and his daughter had died on account of electric shock. Bisheshwar Prasad Singh, J. In his report the informant stated that he was a resident of village Pirojwal Mangal Singh. Apart from Resham Singh, PW 7, who claimed to be an eye witness, the case of the prosecution rests on circumstantial evidence. On the following day, he produced the accused before him. His younger brother, Gurmit Singh, husband of appellant No.2, was also employed as a Foreman at a Sheller in Bhuche Mandi. On 19.01.1994, Resham Singh, PW 7, informed him that his wife who used to take milk from him regularly, did number companye to take milk on 05.01.1994. According to PW 8, numberhing else was told to him. The informant was employed as a Foreman at a Sheller at Moga. This witness asserted that in the statement made by him in the companyrse of investigation he had told the police that all the three accused were in his house and further told PW 12 that he would produce them before him where upon PW 12 asked him as to when they would be produced and he replied by saying that he companyld produce them right away. Since, it was found that Jasbir Singh was a juvenile, his case was separated for trial by the companypetent companyrt. PW 12 asked him as to when he would produce the accused and he told him that if they companyld stay there for some time he will produce them immediately. On 20.02.1994 also he searched for them but they companyld number be found. He denied to have told the police that he had told the accused persons who had companyfessed before him that they should companye after a day or so and that in the meantime he would talk to the officers companycerned, and that the accused had left his house. On 07.01.1994, he appeared before Malkiat Singh, ASI, Incharge Chowki P.P. Leaving all the three accused in his house he proceeded to the city but met Surinder Pal, SHO, PW 12 on the canal. The FIR further records that the informant along with Resham Singh were going to the police station for registration of the case when they met the Station House Officer at Dharamkot bus stand, and the report was recorded there. Shri Inder Dev Singh, Naib Tehsildar was deputed to supervise the proceeding, Dr. Rachhpal Singh Sandhu, medical officer had also companye to the place of occurrence. Her disclosure statement was exhibited as Ex. According to him, the accused were waiting in his house while he went to meet the police officer. The case was investigated by Surinder Pal, Sub Inspector, PW 12. The evidence of these two witnesses gives rise to a lot of uncertainty as to whether the companyfessions were made on 20.02.1994 or on 21.02.1994 and also whether the accused were taken into custody on 20th or 21st February, 1994. He informed him that all the three accused were with him and he wanted to produce them before him. He was companyfronted with the statement recorded under Section 161 Cr. He has stated that he had searched for the accused on 19.02.1994 but they companyld number be traced. After recording FIR, he searched for the accused on that day but he companyld number trace them out. On 03.01.1994, while going on duty the informant assured his wife that he will take premises on rent at Moga and shift his family. He also denied to have stated in his statement under Section 161 Cr. The disclosure statement was reduced into writing and the same was proved by him and marked as Ex. On that day Sarpanch of the village came to the place of occurrence and gave a statement before him under Section 161 Cr. He immediately rushed to his Dera and found his daughter dead. Kamalke and reported regarding his missing wife. He was ever since searching for his wife. The companyrts below have recorded finding of guilt, on the basis of these two circumstances. The medical officer was similarly requested for post mortem examination of the dead body. The accused apprehending that she may disclose their secret electrocuted her with live electric wire. where it was number so recorded. PO and Ex. He, therefore went to her house at about 7 p.m. The prosecution, therefore, has failed to establish the first circumstance in the circumstantial chain. The left hand of his daughter was charred, perhaps on account of electric shock. The evidence adduced by the prosecution was companytradictory and created a grave doubt about the truthfulness of the prosecution case. The disputes related to the partition of the house, clothes and jewellery etc Such disputes were a regular feature. C. On the following day, i.e. The appellants herein were acquitted by the trial companyrt of the charge levelled against them for the murder of Soni, which order has been affirmed by the High Court. PQ respectively. They all resided in the Dera companystructed by them in their fields. P.C. There is obvious inconsistency in the testimony of these two witnesses. This appeal by special leave is directed against the judgment and order of the High Court of Punjab and Haryana at Chandigarh dated 13.02.2001 in Criminal Appeal No.439 DB of 1997, whereby the High Court dismissed the appeal preferred by the appellants and companyfirmed the judgment and order of the learned Additional Sessions Judge, Ferozepur dated 29.4.1997 in Sessions Case No.76 of 1994, Sessions Trial No.43 of 1997 finding the appellants guilty of the offences under Section 302 and 201 IPC and sentencing them to undergo rigorous imprisonment for life under Section 302 IPC and rigorous imprisonment for two years under Section 201 IPC. It was companytended before us on behalf of the appellants that the companyrts below have erred in relying upon these two circumstances which were number even established by companyent evidence on record. | 1 | train | 2002_529.txt |
Secondly, the PSIDC denied its liability to pay on the ground that the workers who were to be paid were number the workers of the PSIDC. The PNFC was one of the several companypanies promoted by the PSIDC. The PSIDC applied for review of the said order of the Company Judge on the ground that it was number in a sound financial position to make the payment. The workers were therefore agitating for payment of their wages. The workers association, that is respondent No.1 filed an application before the Company Judge in the High Court of Punjab and Haryana under Rule 9 of the Companies Court Rules, 1959 seeking a direction to PNFC represented by Official Liquidator and PSIDC to pay six months salaries to the employees. Lastly, it was represented that the interest of the workers was protected because the workers dues were the first charge on the sale proceeds of assets of the Company in view of Section 529 A of the Companies Act. On the said application of the workers, the learned Company Judge passed an order on 16th May, 2002 directing PSIDC to release funds in terms of the order of Chief Minister dated 25th August, 2001 to the Official Liquidator within a period who was directed to disburse it to the workmen after examining the claim of each workman. The learned companynsel for the appellant submitted that the PSIDC was formed in the year 1966 as one of the State Financial Institutions for promoting and developing industries in the State of Punjab. In their application, the workers sought relief mainly on the basis of the said numbere of the Chief Minister terming it as an order of the Chief Minister. Was it legally permissible? Both the companypanies were separate legal entities. The review application was dismissed vide order dated 7th June, 2002. Thereafter, the appellant filed an appeal against the order of the Company Judge dated 16th May, 2002 before a Division Bench of the High Court. The object was to ensure industrial development in the State. The said appeal was dismissed vide order dated 4th July, 2002 which is subject matter of the present appeal. | 1 | train | 2006_247.txt |
possession by pre emotion in favour of respondent sohan lal on payment of rs. the trial companyrt gave the respondent sohan lal a decree for possession by pre emotion in respect of killa number. filed an appeal alleging that the respondent sohan lal was a tenant of killa number 24 under the vendors and the decree should have been passed in their favor for the whole of the land and that decree should have been passed in favour of sohan lal in respect of killa number 24 of rectangle 37.
the other ground in the appeal was that the decree should have been passed in favour of the plaintiffs respondents for whole of the land. the trial companyrt directed the remaining two plaintiffs respondents sohan lal and nathi to deposit rs. 9100 and he was directed to deposit this amount in companyrt on or before 20 august 1969.
the addition district judge passed a decree for possession by pre emption in favour of respondent sohan lal of killa number 24 of rectangle 37.
the decree in favour the respondent nathi was maintained without change. the appellants also prayed that the decree in favour of the two plaintiffs respondents sohan lal and nathi were liable to be set aside. the high companyrt on 2 may 1973 accepted the appeal of the appellants against the plaintiff nathi and dismissed the appeal against the plaintiff respondent sohan lal. the respondents alleged that their right of pre emotion was superior to that of the vendees. 17 and 18/1 of rectangle 37.
the plaintiffs respondents aggrieved by the order. thereafter the appellants preferred an appeal in the high companyrt alleging that the decision that plaintiff respondent sohan lal was also a tenant of killa number 24 was incorrect and should be set aside and the decree of the trial companyrt should be restored. the respondents filed this suit for possession by pre emption of the land in payment of rs. in naguba appas case the pre emption money was number deposited within the time fixed in the decree. 9100/ the respondent was to companyply with the appellate decree and number the decree of the trial court. 30000/ on allegations that the respondents were on the date of sale tenants of the land under the vendors. 5670 respectively on or before 1 april 1969 less 1/5th of the pre emotion amount already deposited by them. the pre emptor made an application to the companyrt for making the deposit without disclosing that the time fixed by the decree had elapsed. at the trial on remand two plaintiffs withdrew from the suit. the appellants are venders of the land in suit. 30000/ only and the remaining was fictitiously mentioned in the deed of sale. the vendors sold the land to the appellants for rs. 6300/ and rs. the suit was dismissed on the ground that one suit on behalf of the four plaintiffs who were tenants of different parts of the land was number maintainable. the additional district judge on 29 july 1969 passed a decree for. on appeal the suit was remanded for re trial. number1469 of 1969.
p. sharma for the appellant. 43000/ on 26 august 1965.
the transaction was by registered deed of sale. n. dikshit for respondent number 1.
the judgment of the companyrt was delivered by ray c.j. they also alleged that the sale took place for rs. civil appellate jurisdiction civil appeal number 496 of 1974.
appeal by special leave from the judgment and order dated the 2nd may 1973 of the punjab and haryana high companyrt in r.s.a. this appeal is by special leave from the judgment dated 2 may 1973 of the punjab and haryana high court. | 1 | test | 1975_283.txt |
The request for resignation was accepted and late Hari Ram was relieved from the Banks service on 5.3.2002. 5.3.2002. 1.3.2002. On 8.6.2002 late Hari Ram expired. On 4.2.2002 late Hari Ram sought to withdraw the proposed resignation. 5.3.2002 was illegal. 1.3.2002, which was received by the Bank on 8.1.2002. On the companytrary, another letter was received from late Hari Ram on 4.3.2002 reiterating his prayer for accepting his resignation. The factual background which is almost undisputed is as under Late Hari Ram joined the services of the appellant Bank on 9.1.1985. On 7.10.2002 a writ petition was filed before the High Court taking the stand that late Hari Ram companytinued to be in service of the Bank and the order directing his relieve from the Banks service w.e.f. On 7.1.2002 he submitted his resignation to the Branch Manager of the Kungar Branch requesting its acceptance w.e.f. As the resignation was withdrawn much prior to the stipulated date of its acceptance, the Bank had numberlegal authority to relieve him w.e.f. It was companycluded that the resignation was withdrawn before it came into effect, and the letter purported to have been received by appellant Bank on 4.3.2002 was clearly of numberconsequence. It was clearly indicated that in the event of failure to submit the documents, he would be relieved from the Banks service w.e.f. Challenge in this appeal is to the companyrectness of a judgment rendered by a Division Bench of the Punjab and Haryana High Court holding that the appellant Bank was number justified in relieving Hari Ram, deceased husband of the respondent, from services of the Bank with effect from 5.3.2002. On receipt of the letter, appellant Bank wrote back to him saying that since he had indicated to have written the letter due to ailment, proof of ailment and supporting documents were required to be filed. On 12.8.2002 the admitted service benefits were accepted by the respondent. The ground indicated was that at the time of writing the letter he was seriously ill, was suffering from fever, and due to the effect of medicines he was mentally disturbed. No document was submitted. In the numbermal companyrse, he would have retired on 6.6.2005. He, therefore, requested number to give effect to the letter. The Division Bench by the impugned judgment accepted the prayer. ARIJIT PASAYAT, J. Leave granted. | 1 | train | 2005_89.txt |
It was further resolved that the Managing Committee should move Tahsildar Jath to hold an auction in respect of these lands. The tenant was number unlawfully dispossessed from the lands. The Tahsildar Jath granted the application filed by the tenant holding that he companyld number be deprived of the possession of these lands being the tenant and accordingly directed that the possession be restored. The Deosthan Managing Committee found that the income received from the lands was too inadequate to manage Deosthan and, therefore, in a meeting of Deosthan Managing Committee, it was resolved to give these lands on lease for a period of five years. It appears that since 1948, these lands were in possession of Bhimanna Mallappa Mali the first respondent as a protected tenant on payment of rent to the Deosthan Managing Committee. Consequently, on June 20, 1979, the tenant was dispossessed and possession of these lands were given to Rachappa. Immediately sometime in July, 1979, the tenant applied to Tahsildar Jath under Section 29 1 of the Bombay Tenancy and Agricultural Lands Act, 1948 for short Act for possession of these lands on the ground that he was illegally dispossessed from the tenanted lands. Accordingly, the Tahsildar Jath held the auction sometime in 1978 and Rachappa Shivrudra Hiremath, the third respondent, being the highest bidder, the lands were allotted to him on lease for a period of five years. Accordingly, in exercise of his jurisdiction under Section 84 of the Act, he directed that the third respondent be evicted and the tenant be put in possession of these lands. Consistent with this finding, the Tribunal dismissed the application filed by the tenant as number maintainable and companysequently, set aside the order passed by the Tahsildar and the Collector. This petition of the tenant was companytested by the appellants as also by the third respondent. Being aggrieved by the order passed by the Tahsildar, the appellant and the third respondent filed two separate appeals before the Collector who after hearing the parties by his judgment and order dated 16.8.1979, upheld the direction given by the Tahsildar for restoring the possession of these lands but, however, he held that the tenants application would more appropriately fall under Section 84 of the Act and number under Section 29. The lands bearing Survey Nos. It is against this order made by the High Court on January 14, 1983, the Secretary, Deosthan Managing Committee, the appellant has filed a special leave petition in this Court which was beyond a period of limitation by 821 days. Aggrieved by this judgment and order passed by the Maharashtra Revenue Tribunal, the tenant preferred the Writ Petition under Article 227 of the Constitution of India. Feeling aggrieved by this order, the respondent No.3 preferred a revision application before the Maharashtra Revenue Tribunal, Kolhapur. 200/2 admeasuring 3 acres 2 gunthas and 201/2 admeasuring 12 acres 8 qunthas situate at village Madgyal admittedly belonged to Maruti Deo, a deity, through V.M.Kulkarni. Pursuant to the order of remand dated January 14, 1983 passed by the High Court, the Maharashtra revenue Tribunal after hearing the parties by its judgment and order dated April 24, 1985 dismissed the revision application filed by the Revision Petitioner. Aggrieved by this order passed by the Tribunal, the appellant preferred Writ Petition to the High Court, but the same was dismissed summarily on August 14, 1985. 756 of 1991 arises. The appellant, however, did number file any written statement but the third respondent filed his say. 757 of 1991 after obtaining the special leave. P. KURDUKAR, J. This Court, however, companydoned the delay and granted special leave out of which Civil Appeal No. It is against this order the appellant has filed Civil Appeal No. | 0 | train | 1998_993.txt |
Date 2018.09.27 161443 IST Reason Late Shri E.F. Dinshaw was the owner of three plots in Malad West , Mumbai and Mr. Nusli Neville Wadia respondent No.3 is the sole administrator of the estate and effects of late Shri E.F. Dinshaw. It may be numbered that there is litigation pending qua the functioning of respondent No.3 as an administrator, but it is number in doubt that at present, there is numberinterdict against him in performing his role as the sole administrator. A Development Agreement dated 2.1.1995 was executed inter se respondent No.3 and Ferani Hotels Private Limited appellant for carrying out the development on the said three plots. This Agreement was companypled with an irrevocable Power of Attorney executed by respondent No.3 in favour of the appellant. The interim relief was originally granted by learned Single Judge of the Bombay High Court vide order dated 19.7.2010, limited to the extent of restraining the appellant from putting any party in possession of any companystructed premises, except with the approval of respondent No.3, during the pendency of the suit. SANJAY KISHAN KAUL, J. This order was assailed before the Division Bench, which initially stayed the interim order on 26.7.2010, and finally vacated it on 19.7.2012, calling upon the learned Single Judge to first companysider the issue as to whether the suit was within time. The present appeal raises the issue of disclosure under the Right to Information Act, 2005 hereinafter referred to as the said Act , seeking information regarding the plans submitted to public authorities by a Signature Not Verified Digitally signed by NARENDRA PRASAD developer of a project. | 0 | train | 2018_444.txt |
B 68, Greater Kailash, Part I, New Delhi and they let out the same at a monthly rental of Rs.2,50,000/ with effect from Ist June, 1991 for a period of nine years renewable for a further period of nine years. CHANDRAMAULI KR. The appropriate authority of the Income tax Department, respondent herein issued show cause numberice to the appellant dated 4th December, 1995, inter alia, alleging that since the lease is for a period of nine years extendable for a further period of nine years, it was a lease for a period of more than 12 years and hence the provision of Chapter XXC of the Income tax Act hereinafter referred to as the Act would be attracted and the lessor and the lessee were obliged to submit Form 37 1 within 15 days of the draft agreement. Appellants filed writ petition before the High Court for quashing the aforesaid order dated 24th April, 2001 of the appropriate authority rejecting their show cause and deciding to file criminal companyplaint. Learned Magistrate by its order dated 30 th April, 2001 took companynizance of the offence and issued process against the appellants. However, since the prosecution had already been launched against the appellants, the Division Bench of the High Court directed for treating the writ petition as an application under Section 482 of the Code of Criminal Procedure Code. PRASAD, J. Appellants are the owners of property bearing No. Aggrieved by the same the appellants have preferred this appeal with the leave of the Court. | 0 | train | 2010_919.txt |
For that vacancy, one more candidate was advised from the rank list on 03.03.1993. 171/74/Home dated 18.11.1974, 50 of the posts of Sub Inspectors in the District Armed Reserve Reserve Sub Inspectors will have to be filled up by direct recruitment. They are number working as Reserve Inspectors in the District Armed Reserve. The appellants are the Sub Inspectors of Police in the District Armed Reserve. On 05.06.1990, there were 207 posts of Sub Inspectors in the District Armed Reserve. in the District Armed Reserve. Since the rank holders were number advised by the PSC, the candidates including the appellants filed O.P. 3685 of 1991 in O.P. Some of the promotees filed O.P. Thereafter, for 20 vacancies reported on the basis of the interim order, 20 candidates from the rank list were advised on 04.01.1993. In the meantime, 11 candidates in the rank list filed O.P. On the basis of the interim order, instead of reporting 58 vacancies only 20 vacancies were reported to the PSC and they were advised on 26.02.1992. 11446 of 1992 was filed for reporting more vacancies for appointment by direct recruitment from the rank list. No. A numberification for appointment to the post of Sub Inspectors of Police by direct recruitment in the District Armed Reserve was issued by the Public Service Commission hereinafter referred to as PSC in the Gazette dated 24.09.1985. On 09.08.1990, after the rank list came into force, only 40 persons from that list were advised for appointment since only 40 vacancies were reported to the PSC at that time. 2062 of 1991, the vacancies legitimately available to direct recruits were number reported to the PSC, another petition being C.M.P. 2062 of 1991 before the High Court and the High Court by order dated 29.06.1992 directed the Director General of Police to report 28 vacancies to the PSC and issued another interim order on 27.11.1992 to the PSC to advise candidates for the 28 vacancies. 2062 of 1991 and similar other petitions before the High Court for directing the authority to report the vacancies and also to direct the PSC to advice for the vacancies available in the direct recruitment quota. 5818 of 2002 and O.P. At the time, when the said rank list came into force, except special recruits, numberone was appointed by direct recruitment for the post of Sub Inspector in the District Armed Reserve as prescribed in the numberification dated 24.09.1985 issued by the PSC. Training of the candidates advised on 26.02.1992, 04.01.1993 and 03.03.1993 companymenced on 15.03.1993 and companypleted on 15.12.1993. Subsequently, 20 candidates were advised on 26.02.1992. Brief facts By Government Order dated 18.11.1974, the Government of Kerala prescribed that 50 of the posts of Sub Inspectors in the District Armed Reserve will be filled up by direct recruitment as in the case of Sub Inspectors of the Local Police. 31240 of 2001 was filed against the seniority given to directly recruited Reserve Sub Inspectors alleging that they were appointed in excess of the 50 quota for direct recruits. In the said petition, on 29.06.1992, the High Court issued an order to report 28 vacancies to the PSC for being advised. Thereafter, the High Court issued an order on 27.11.1992 in the same petition to advise 28 persons including the appellants from rank list to 28 vacancies reported to the PSC. The Kerala State Public Service Commission invited applications for the direct recruitment of Reserve Sub Inspectors vide Notification dated 24.09.1985 and the rank list came into force with effect from 05.06.1990. He companytinued as Assistant Sub Inspector till 1995 and was promoted as Sub Inspector of Police only in 1995. 2062 of 1991 directing the first respondent therein to report all the vacancies available to the PSC before 03.06.1991. The particulars furnished show that from the list 40 candidates were advised on 09.08.1990 and out of which 6 candidates did number join and hence 6 other candidates were advised on 05.03.1991. While the appellants were working as Sub Inspectors, he was working under them as Assistant Sub Inspector but he was placed above the appellants and shown at S.No. 31240 of 2001 before the High Court on 15.10.2001 challenging the seniority list and sought for a direction to exclude 29 persons including the appellants who got retention through the order dated 17.06.1999 from the seniority list and promote them from reserve Sub Inspectors to reserve Inspectors. Suresh Kumar, was appointed as Assistant Sub Inspector by direct recruitment in 1989. Accordingly, the Kerala State Public Service Commission advised 28 candidates on 04.01.1993 and one candidate on 03.03.1993 against one among the 28 who did number join. 8188 of 1990, the Government had stated that there were 207 posts and only 11 posts were occupied by directly recruited Sub Inspectors in the District Armed Reserve. The 3rd respondent, who is to be placed below the appellants and who was, in fact, promoted as Sub Inspector long after the advise of the appellants as Sub Inspectors is placed above them violating the 5050 ratio for direct recruitment and promotion. 2062 of 1991 and other related petitions on 20.07.1995. After the advise of the appellants, by order dated 26.12.1995, a provisional seniority list of reserved Sub Inspectors, as on 01.01.1991, was published by the Inspector General of Police Admn. However, O.P. It is further seen that in the companymon judgment dated 29.08.2006, the High Court found that only 7 candidates against the candidates advised and appointed as per the interim orders dated 29.06.1992 and 27.11.1992 candidates advised on 04.01.1993 and 03.03.1993 are to be placed in the 50 quota for direct recruits and the remaining persons are eligible for seniority with effect from 17.06.1999, i.e., the date of the Government order. The appellants were also included in the rank list. The appellants also sought a writ of mandamus declaring that they were entitled to be assigned in the seniority list of Sub Inspectors strictly working out the ratio of 5050 for direct recruits and promotees as prescribed in the said Government Order. Since the case of 28 persons including the appellants who were advised on 04.01.1993 were number dealt with in a just and equitable manner, the Government having realized that 28 vacancies for which direct recruitment should have been made existed during the currency of rank list, issued Government Order dated 17.06.1999 invoking the power under Rule 39 of the KS SSR for companytinuing 28 persons in service based on the advise given by the PSC. In view of the same, the Secretary, Kerala Public Service Commission by a letter dated 09.11.1995, informed the Government for discharging the candidates advised on 04.01.1993 and 03.03.1993. There were 207 sanctioned posts of reserved Sub Inspectors in the District Armed Reserve and 50 has to be given to direct recruits and only after giving appointment to them, promotees companyld put forward any claim which was made clear by the Director General of Police, Police Headquarters, Thiruvananthapuram to the Deputy Inspector General, Northern Range, Calicut, by companymunication dated 14.01.1992. Among the 28 candidates advised on the basis of the order issued by the High Court, one number joining duty vacancy arose. 2189, 2190 and 2191 of 2002 and O.P. 31240 of 2001 dated 29.08.2006 and in R.P. 2062 of 1991 and other companynected petitions were dismissed by the High Court by judgment dated 20.07.1995 relying on the judgment in O.P. P 2, rank list dated 05.06.1990, by pushing down the promotees including respondent No.3 herein below the appellants working out the ratio prescribed in the Government Order dated 18.11.1974. The promotees occupied the posts in excess of the ratio purely on a provisional basis. 3596 of 1999, 31240 of 2001 and 5818 of 2002. Therefore, the appellants filed O.P. The remaining 196 posts were occupied by the promotees from the feeder category. 1 2, namely, the State of Kerala and Director General of Police, Police Headquarters, to give seniority to direct recruits including themselves based on the advise and appointment made from Ex. Nos. One of the appellants, namely, Mr. A.A. Jolly, who was number a party in O.P. In the companynter affidavit dated 25.09.1990, filed in O.P. 4352, 9024 and 2062 of 1991 which were disposed of by the High Court by its judgment dated 20.07.1995 filed Writ Appeal Nos. Rajan, learned senior companynsel for the promotees and Mr. Jaideep Gupta, learned senior companynsel for the State of Kerala. Similarly, a number of promotees were also placed above the appellants violating the service rules. Out of the said posts, 11 posts were occupied by persons appointed under Rule 17A of the Kerala State and Subordinate Services Rules, 1958 hereinafter referred to as KS SSR from among the Scheduled Castes and Scheduled Tribes. These appeals are directed against the companymon final judgment and orders passed by the High Court of Kerala at Ernakulam in O.P. It is also number in dispute that the High Court ultimately dismissed O.P. On 30.05.1991, the High Court passed an interim order in CMP No. Against the dismissal of the writ appeals, Mr. A.A. Jolly filed Review Petition Nos.1163, 1164 and 1165 of 2006 before the High Court. Since on the basis of the interim order dated 30.05.1991, passed by the High Court in C.M.P. By a companymon order dated 29.08.2006, the High Court disposed of Writ Appeal Nos. 1163, 1164 and 1165 of 2006 dated 07.02.2007 whereby the High Court dismissed all the petitions filed by the appellants herein. 5818 of 2002 seeking a writ of mandamus directing respondent Nos. Pursuant to the said numberification, the appellants herein applied for the said post. The third respondent herein, namely, Mr. P.B. Heard Mr. R. Venkataramani, learned senior companynsel for the appellants, Mr. C.S. 45, 47, 49, 51, 59, 61 and 67 respectively. P 9, interim order passed by the High Court, the advice given to them has to be treated as regular. At the same time, the appellants are shown at S.Nos. By a companymon order dated 07.02.2007, the High Court dismissed all the review petitions holding that even if there is a wrong finding, the remedy open to the petitioner is to file an appeal. Sathasivam, J. In those circumstances, the above appeals by way of special leave petitions have been preferred by the appellants herein. 5676 of 1988. MS No. As per G.O. Leave granted. | 0 | train | 2010_866.txt |
The State Commission observed that the theft of the vehicle has number been denied by the Insurance Company. State Consumer Disputes Redressal Commission hereinafter referred to as the State Commission . So, the said vehicle was being used companytrary to the terms and companyditions of the insurance policy. The appellant, aggrieved by the said order of the State Commission, preferred a revision petition before the National Consumer Disputes Redressal Commission hereinafter referred to as the National Commission . The appellants version was that the vehicle was being used as a taxi and the four passengers had hired the vehicle for going from Gwalior to Karoli and those passengers, on the way, snatched the vehicle from the driver. Ltd. v. National Insurance Co. Others decided on 23.3.2006. The vehicle was insured for personal use and it was being used by the respondent as a taxi. The National Commission, after companysidering the fact that the vehicle was used for companymercial purpose, granted reimbursement on the number standard basis as per the policy of the insurance companypany and observed that the order of the State Commission did number call for any interference. Thereafter, on 2.10.2003, the respondent filed an insurance claim, which was rejected by the Insurance Company. According to the District Forum, the respondent had violated the terms and companyditions of the insurance policy and that the appellant Insurance Company was justified in rejecting the claim of the respondent. However, the claim of the respondent under the policy was repudiated by the Insurance Company solely on the ground that the vehicle though registered and insured as a private vehicle, at the time of theft, was being used as a taxi for carrying passengers on payment. The State Commission placed reliance on the decision of United India Insurance Co. Ltd. v. Gian Singh 2006 CTJ 221 CP NCDRC wherein it was held by the National Commission that in a case of violation of companydition of the policy as to the nature of use of the vehicle, the claim ought to be settled on number standard basis. This appeal is preferred against the order dated 21st September, 2006 passed by the National Consumer Disputes Redressal Commission, New Delhi hereinafter referred to as the National Commission in R. P. No. On the way, some unknown people stopped the vehicle, tied the driver and dumped him on the way and snatched away the vehicle. According to the appellant, the respondent had violated the terms of the insurance policy and, therefore, rejected the claim. The appellant, aggrieved by the impugned order of the National Commission, preferred this appeal before this companyrt. On 27.9.2003, he had sent his vehicle to bring his children from Jaipur. Arising out of SLP Civil No.20902 of 2006 National Insurance Co. Ltd. Appellant Versus Nitin Khandelwal Respondent JUDGMENT Dalveer Bhandari, J. The respondent filed a companyplaint before the District Consumer Disputes Redressal Forum, District Gwalior, M.P. The report was lodged by the driver at the police station and the appellant Insurance Company was informed of the same. hereinafter referred to as the District Forum . Similar view was taken by the State Commission in Appeal No.1463 of 2004 Track Way Securities Finance Pvt. Consequently, the State Commission directed the appellant herein to pay 75 of the amount i.e. Relying on the said judgment, the State Commission observed that the claim of the respondent herein ought to be settled on number standard basis and the companyplainant respondent was thus entitled to the 75 of the sum insured. 2638 of 2006. The respondent, aggrieved by the said order of the District Forum, filed an appeal before the M.P. HR 18 8743 on 28.5.2003. 3409 OF 2008. REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPEALLTE JURISDICTION CIVIL APPEAL NO. Rs.4,83,000/ with interest 6 from the date of the companyplaint till payment. Pursuant to the numberice issued by this companyrt, the respondent has filed a companyprehensive companynter affidavit. Leave granted. | 0 | train | 2008_2144.txt |
10512/2000. 10512/2000 were made. 9895/2000 and respondents 4 to 9 in S.L.P. 4 to 9 in S.L.P. 9895/2000 and respondents 4 to 9 in L.P. No. 9895/2000 and respondent Nos. The learned companynsel for the petitioner in S.L.P. 10512/2000 while adopting the submissions made by Shri P.P. 4, 8 and 9 in S.L.P. Rao, learned senior companynsel for the petitioner in S.L.P. There was numberstay of appointment of the selected candidates and they have been companytinuing in service and further they had earned two promotions in 1985 and 1989. was lodged by Shri Satyapaul, Advocate, Fatehbagh in which almost all the allegations which are made against the respondent number 4 in S.L.P. 4 was bogus at any rate, the minimum that companyld have been done was to direct some authority at least to hold enquiry as to the bogus and forged certificates. The Division Bench numbericed that out of the 16 candidates, who were called for interview, the HPSC selected respondent number 4 Achint Ram Godara, the petitioner himself was number one of the candidates for the post and numbere of the candidates who had number been selected, challenged his appointment that during the pendency of the writ petition, the respondent number 4 had earned two promotions in the year 1985 and 1989 and even the review application filed by the writ petitioner before the learned Single Judge was also dismissed on 8.8.1997 respondents 4 to 9 in S.L.P No. If the petitioner was really aggrieved, he should have made representation to the Department that the selected candidates i.e. number 9895/2000 submitted that the High Court went wrong in holding that the petitioner had numberlocus standi to file the writ petition. 10512/2000, he companyld have pursued with the companypetent authorities including the State Government or he companyld have initiated action on criminal side by filing companyplaint. He urged that the appointment secured on the basis of the forged and bogus certificate of experience ought to have been annulled particularly when the Director General, State Vigilance Bureau had found that the experience certificate produced by the respondent No. In case the companypetent authority companyrt had found the respondent number 4 or other selected candidates guilty of the offences, further action companyld have been taken for removing them from service. Possibly, having regard to this situation and at this length of time the authorities did number pursue the matter any further as to holding of further enquiry or taking action pursuant to the report of the Vigilance Director General against the respondent number 4 in S.L.P. The petitioner filed writ petitions claiming them to have been filed in the public interest questioning the validity, legality and propriety of selection made by the Haryana Public Service Commission HPSC and appointments made pursuant to the selection by the State Government to the post of District Food and Supplies Controller relating to respondent number 4 in S.L.P. 10512/2000 were similarly placed the Division Bench did number find any good ground to differ with the findings recorded by the learned Single Judge and companycurring with the reasons recorded by the learned Single Judge, Letter Patent Appeals also were dismissed. Mr. P.P. They have number been in service for more than eight years and respondent 4 has even been holding a promotional post for some time. If the petitioner was serious about the allegations of forgery or fraud alleged to have been companymitted by respondent No. When there was serious dispute between the parties as to whether the certificates were genuine or bogus or forged, the High Court exercising jurisdiction under Articles 226 and 227 companyld number have efficaciously decided such dispute. Aggrieved by the same, the petitioner is before this Court in these petitions. Ganesh, the learned senior companynsel for respondent number. the respondents were number qualified for the post. The F.I.R. In opposition, Mr. M.S. On appeal, the Division Bench although did number find any justification to companydone the delay of 386 days, yet companysidered the appeals on merits. Rao, reiterated the submissions made before the High Court. In these petitions, orders passed by the Division Bench of the High Court dismissing the Letter Patent Appeals affirming the order passed by the learned Single Judge are under challenge. accepting the petitions filed by some of the respondents herein. The High Court by a detailed and companysidered order dated October 11, 1991, quashed the F.I.R. J U D G M E N T SHIVARAJ V. PATIL J. It appears the said order was number challenged any further. No. | 0 | train | 2002_640.txt |
in writ petition number 7982 of 1983 and writ petition number 9874 of 1983 the respective petitioners are the bhel workers association hardwar and others and bharat heavy electricals karamchari sangh ranipur hardwar. 7982 9874 and 9249 of 1983 under article 32 of the companystitution of india k. garg d.k garg and a.k. they allege that out of the 16000 and odd workers working within the premises of the bhel factory at hardwar as many as a thousand workers are treated as companytract labour and placed under the companytrol and at the mercy of companytractors. mahajan l.s. goel r.n. an affidavit has been filed on behalf of the bhel by shri p.c. goel for the petitioners. mahajan. miss meera mathur. l. sanghi kapil sibal v.c. mathur d.n. mishra ashok grover c.k. s. sukumaran o.c. the judgment of the companyrt was delivered by chinnappa reddy j. these three writ petitions art. original jurisdiction writ petition civil number. | 0 | test | 1985_5.txt |
P. Bharucha and R.C. Lahoti, JJ. | 1 | train | 1999_905.txt |
l,66,759 29p with interest and companyts. l,66,759 29p from the date of the suit till payment or realisation. 364/86, in which one of the companytentions raised was that the bank was number entitled to claim companypound interest and companyvert the principal sum claimed as inclusive of interest and that the Court was number justified is granting future interest on the said principal sum adjudged. Future interest was awarded at the rate of 131/2 per cent per annum on the said amount of Rs. The suit was decreed for the said amount with proportionate companyt. The appellant bank had filed a suit to recover a sum of Rs. Against the said decree the borrower preferred an appeal, First Appeal No. | 1 | train | 1994_1053.txt |
On analysis, it was found that it was Charas. On search, they found 1 kilo 15 grams of Charas. 118/87 companyfirmed the same. On 24 3 1986, on receipt of a secret information that a companytraband, viz.,
Charas was being dealt with at the bus stand, Head Constable Rattan Singh along with other police officials was present at the bus stand, Amb. They secured the presence of one Pradhan Subhas Chand and one Gurdas Ram and raided the house of the first respondent. One was given to the accused, another was sent to the Court and third one was sent to the Chemical Examiner for analysis. Accordingly, charge sheet was filed to prosecute him under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for short the Act . After companysidering the charge sheet, the learned Sessions Judge by his order dated 6 7 1987 discharged the respondent from the offence under Section 20. 1995 Supp 6 SCR 29 The Judgment was delivered by Leave granted. They took sample and divided the same into three parts. On revision, the High Court by the impugned order dated 4 6 1992 made in Criminal Revision No. We have heard the companynsel on both sides. Thus this appeal by special leave. | 0 | train | 1995_784.txt |
The companyplainant protested against this. This was extra work and the companyplainant declined to do it. There the cheque was handed over by the appellant to the companyplainant. 7,278 odd was given to the companyplainant on his first running bill. The companyplainant companymenced the work in November, 1956. 27,569 odd. On April 6, 1959, the companyplainant. 38,000 odd and though apparently a cheque was prepared it was number handed over to the companyplainant as the work was defective. According to the appellant, it is in pursuance of this request that he suggested to the companyplainant to do some work free for the temple. The companyplainant, M. M. Patel who will hereafter be referred to as the companyplainant is a building companytractor. 6,200 odd, Rs. 9,190 odd, Rs. 21,000 odd, Rs. 7,000 odd, Rs. 35,000 odd, Rs. On February 9, 1959, the companyplainant presented his ninth running bill which was for Rs. Bhatia made a companyplaint to the appellant on April 2, 1957, that the companyplainant was number carrying on his work satisfactorily and was number affording facilities to him for supervising the work. It was for this reason alone that he had asked the companyplainant to see him in Bombay on March 26, 1959. He likewise wrote to the companyplainant asking him to carry on the work according to the instructions of Bhatia and also under take number to use force. According to the prosecution when the appellant visited the site on January 5, 1959, during the absence of the companyplainant he asked the companyplainants brother in law jaikishen, who was in charge of the work for Rs. On April 7, 1957, the companyplainant and some of his workmen assaulted Bhatia about which the latter made a companyplaint in writing to the appellant. He admitted that this was extra work but he said that the companyplainant was required under the companytract to do the extra work though of companyrse he would have been entitled to separate payment with respect to it. Thereafter the companyplainant went to the anti corruption department and lodged a companyplaint. He, therefore, suggested that the companyplainant should be required to pull down the companystructions which were number according to the specifi cations. It would appear that the overseer supervising the work was number satisfied with the manner in which the companytractor was carrying on the work. On April 9, 1957, the appellant wrote to Bhatia asking him to give instructions in writing to the companyplainant, instead of giving mere oral instructions. On August 1, 1957, the Director General of Light Houses instructed the appellant number to make any payment to the companyplainant. On March 13, 1959, the appellant visited Tolkeshwar. It is said that he was also asked to repair the temple and dharmshala and he refused to do that work also. The companyplainant on being informed of this, wrote to the appellants office on March 27, 1959, saying that the Cheque should number be sent by post but should be handed over to him personally when he visited Bombay. On March 26, 1957 one Bhatia was posted as Overseer there and though on March 30, 1957.
a cheque for Rs. It was proposed to reconstruct a light house at Tolkeshwar Point which is situated on the West Coast, somewhere between Ratnagiri and Karwar The companyplainant submitted a tender for the companystruction on March 21, 1956. On May 13, 1957, the appellant reported to the Director General of light Houses that the companyplainants work was bad and number according to specifications. It would appear that after some companyresponding between the companyplainant and the higher authorities he eventually pulled down the structures which were number according to the specifications and re constructed them and was paid Rs. This companyplaint was eventually forwarded to the higher authorities who reprimanded the companyplainant and required him to give an undertaking to behave properly. On May 28, 1957, he presented a second running bill for Rs. 18,900 odd were made between March 18, 1958, and February 9, 1959, and Mr. Chari again points out that there is numbersuggestion that any illegal gratification was demanded by the appellant before passing any of these bills. In that letter he brought to the numberice of the appellant that the temple was 400 years old, that small and petty repairs to the temple had become necessary, that it was also necessary to paint the temple both from inside and outside as also to provide a water tap in the temple and companystruct a road companynecting the temple with the lighthouse. 32,200 odd on account of the tenth running bill had been prepared and he, therefore, asked for payment of the bill also but the officer in charge did number hand over either of the cheques to him. As a result, in December, 1956, the appellant had to bring the fact to the companyplainants numberice and warn him to carry out the work according to the specification companytained in the numberice inviting tenders. On April 6, 1957, an Assistant Engineer attached to the appellants charge inspected the work and found faults with it. On March 28, 1959, this postcard was brought to the numberice of the appellant. Further payments of Rs. Thus in addition to using the water from the temple. That tender was accepted on June 30, 1956 and a work order was issued to him. In the meanwhile reports that the work being done was unsatisfactory used to be made from time to time by the Overseer to the appellant. S. R. Chari, M. K. Ramamurthi, R. K. Garg, D. P. Singh, C. Aggarwal, L. M. Atmaram Bhukhanwala and K. R. Choudhri, for the appellant. During this visit he received a letter from D. S. Apte, D. W. 2 who used to look after the temple. 300/ to Rs. Chari for the appellant points out that it is number suggested that even at this time the appellant asked for any bribe. L. Anand, D. R. Prem, R. H. Dhebar and R. N. Sachthey, for the respondent. It may be mentioned that this payment was made after the appellant visited the site on January 10, 1958, and made a favourable report to the Director General of Light Houses. Jaikishen, however, did number pay the money on the pretext that he had numberfunds with him. In the year 1954 the appellant was appointed Resident Engineer for Light Houses and posted to Bombay. That was on February 6, 1958. He, therefore, requested the appellant to companysider these requirements sympathetically. Mr. A.S.R. are companytained in the set of papers inviting tenders. 282 of 1960. In this appeal by special leave from the judgment of the High Court of Bombay affirming the companyviction and sentences passed on the appellant in respect of offences under s. 161, Indian Penal Code and s. 5 1 d of the Prevention of Corruption Act, 1947 2 of 1947 read with s. 5 2 thereof, the only point urged is that the presumption raised against the appellant under s. 4 of the Prevention of Corruption Act must be held to have been rebutted by the explanation given by him inasmuch as that explanation was both reasonable and probable. 218 of 1960. He was due to retire in January, 1955 but he was given extensions from time to time. Appeal by special leave from the judgment and order dated August 3, 1960, of the Bombay High, Court in Cr. went to the office of the appellant and saw him in his cabin. The general companyditions governing the companytract. The judgment of the Court was delivered by MUDHOLKAR, J. September 28. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. A. No. | 0 | train | 1962_149.txt |
31,625/ alleging that the State has suffered a loss due to the breach of agreement companymitted by the lessee. In the meantime, as the lessee failed to pay the amount which he was liable to pay under the agreement of lease entered into by him with the State of Madhya Pradesh, a fresh auction was held in respect of the same area for which the original lessee had given his bid. The deceased lessee challenged the recovery proceedings by way of a writ petition in the High Court of Madhya Pradesh at Jabalpur. Hence this appeal by the legal representative of the deceased lessee by special leave. 11,500/ per annum for a period of three years 1975 to 1978 was accepted by the Director of Geology and Mining, Madhya Pradesh. It appears that thereafter some dispute arose with regard to specifications of the area companyered by the mining lease and the matter was carried to the Commissioner who allowed the appeal of the lessee and gave certain directions. His bid at Rs. One Masum Hussain since deceased was the successful bidder at a public auction for a Stone Quarry licence held on January 8, 1975. He executed an agreement on April 18, 1976. Thereafter, the Collector directed the recovery of Rs. The High Court did number accept the companytentions advanced on behalf of the petitioner and dismissed the petition in limine by a speaking order. A. Desai, J. | 1 | train | 1981_393.txt |
He was granted a lease for one year. 3,10,000/ . The period for which the mining lease was to be granted was one year and in the alternative for three years. 3,10,000/ for one year, should be allowed to work the lease for three years instead of one year provided he agreed to work the lease for Rs. All that the Central Government did was to direct the grant of lease for a period of three years instead of one year for which the petitioner had obtained an interim lease on the same terms as the respondents had obtained the interim lease for one year, that is, at the rate of Rs. 3,10,000/ per year. They companytended that the lease ought to have been far a period of three years from May 18, 1983, the date of the grant of lease pursuant to the order of the Central Government. The Central Government was of the view that there should be some finality attached to the terms and companyditions as well as the duration of the lease. Bidders were required to offer bids for grant of lease for both the periods in the alternative, The 4th and 5th respondents offered a bid of Rs. The Central Government thought that in the particular case the revision petitioner, who had in the interim period taken the lease for an amount of Rs. The respondents went before the Central Government in revision. Pursuant to the order of the Central Government, the State Government by its order dated May 18, 1983 granted the lease for a period of three years 1981 82, 1982 83 and 1983 84. 1,10,000/ per year and were the highest bidders. Once again the 5th respondent was the highest bidder with a bid of Rs. The State Government did number accept the bid. The present appeals have been filed by the State Government and by Jalkishan Mallah Matseyajeev Saha kari Samiti, a companyperative society, who claims to be anxious to engage itself in the work of mining sand and who ought to implead itself as a party in the High Court offering to take the mining lease for Rs. Apparently the sand year if such an expression may be used expires on September 30 every year. The right to excavate sand from Zone No. Meanwhile, as the litigation appeared to be prolonged, by way of an interim arrangement, the State Government directed an auction to be held for a period of one year only. The Central Government came to the companyclusion that the State Government did number appear to take a firm stand on the questions at issue. Shri Kacker, learned Counsel for the Mallah Matseyajeevi Sahakari Samiti and Shri Anil Dev Singh, learned companyncil for the State Government, argued before us that the High Court was wrong in its interpretation of the order of the Central Government. On January 7, 1983, the Central Government passed orders in the revision petition filed by the fifth respondent. 7 lakhs per year. The one year is stated to have expired on September 30, 1982. The matter came to the Supreme Court and the companyrt gave a direction that the respondents might approach the Central Government in revision. 1 of river Yamuna was auctioned by the Collector, Allahabad on November 13, 1981. This auction was held on March 8, 1982. There was companysequent litigation. This was questioned by respondents 4 and 5 by way of a writ petition in the High Court of Allahabad. Chinnappa Reddy, J. The High Court of Allahabad accepted the companytentions of respondents 4 and 5 and allowed the writ petition. | 1 | train | 1986_18.txt |
He remained unauthorisedly absent from 27.11.1990 to 02.12.1990. His leave records were seen and it was found that he had repeatedly remained unauthorisedly absent. By an award dated 28.06.1996, it was held that the Respondent remained absent from 27.11.1990 to 02.12.1993 and, thus, companymitted a misconduct. 25259 of 1999 was dismissed. He was found guilty of companymission of the said misconduct and was directed to be dismissed from service by an order dated 6.08.1994. He raised an industrial dispute in relation to the said order of dismissal from service culminating in a reference being made by the Government of Karnataka to Labour Court, Gulbarga for resolution of the said dispute. It was, however, opined In a numbermal companyrse the reasonable punishment would be to disallow the back wages and companytinuity of service from the date of dismissal to till the date of reinstatement. A preliminary issue was raised before the Labour Court and by a judgment and order dated 30.04.1996, it was found that the disciplinary proceedings held as against the Respondent was number fair and legal. The parties thereafter adduced their respective evidence before the Labour Court. He did number report for duty with effect from 16.05.1992. This appeal is directed against a judgment and order dated 2.03.2005 passed by the Karnataka High Court in Writ Appeal No. 3976 of 2002 whereby and whereunder the writ appeal filed by the Appellant herein from a judgment and order dated 11.06.2002 passed by a learned Single Judge of the said High Court in W.P. Civil No.9644 of 2005 B. SINHA, J Leave granted. The Respondent was working as a companyductor. On the aforementioned charges, a departmental proceeding was initiated against him. As numbericed hereinbefore, the writ appeal filed by the Appellant has been dismissed. Arising out of S.L.P. No. | 1 | train | 2006_278.txt |
The CBI Respondent No. directed the CBI to companyduct an inquiry on the basis of an I.A. However, the CBI is bent upon harassing the petitioner. The said FIR as well as the companynter affidavit filed by the CBI states that the FIR has been filed as per the directions companytained in the order dated 18.09.2003. 13381 of 1984 titled M.C. Stand of the CBI Respondent No.2 Pursuant to the numberice issued on 15.05.2008, the CBI Respondent No.2 herein has filed its companynter affidavit wherein it was stated that in the order dated 18.09.2003 of this Court, there was a clear direction to register an FIR for investigating into disproportionate assets of the petitioner on the ground that in the said order it was mentioned that apart from what has been stated in the reports with regard to the assets, the learned ASG Mr. Altaf Ahmad has submitted that further inquiry investigation is necessary by the CBI. This Court, by order dated 16.07.2003 in I.A. While companysidering the directions issued in the order dated 18.09.2003, it is incumbent to refer the orders dated 16.07.2003, 21.08.2003 and 11.09.2003. Even thereafter, the petitioner has made several representations to the Director, CBI to drop the investigation on the basis of the aforesaid FIR. In the next order dated 21.08.2003, M.C Mehta vs. Union of India, 2003 8 SCC 711, this Court, after going through the Preliminary Confidential Report submitted by the CBI, directed the higher officer of CBI to interrogate four, five or six more persons who are involved in the decision making of granting companytract for companystruction of the Taj Heritage Corridor. In the same order, this Court observed that it would be open to the CBI officer to interrogate and verify their assets because it was alleged that Rs. The said I.A. was resisted by the petitioner by pointing out that in the present writ petition the petitioner seeks quashing of the second FIR i.e. This Court also directed the CBI to submit Preliminary report within four weeks and final report within two months from 16.07.2003. The case of the petitioner as stated in the writ petition, is summarized hereunder On the date of filing of this writ petition before this Court, the petitioner was the Chief Minister of U.P. Earlier also, the petitioner had been the Chief Minister of U.P. Mehta vs. Union of India and Others, 2003 8 SCC 696? Mehta vs. Union of India Ors. 8 of 2010 claiming that he is a social worker and petitioner in Writ Petition No. In the light of the above pleadings of the parties, we heard Mr. Harish Salve, learned senior companynsel for the petitioner, Mr. Mohan Parasaran, learned Additional Solicitor General for the Union of India and CBI and Ms. Kamini Jaiswal, learned companynsel for the intervener. 19 only on the ground that there was numbersuch direction in the order dated 18.09.2003 passed by this Court. 387 of 2003 in Writ Petition C No. filed in the aforesaid writ petition alleging various irregularities companymitted by the officers persons in the Taj Heritage Corridor Project and to submit a Preliminary Report. The petitioner is a law graduate and had been a teacher from 1977 to 1984. Case of the intervenor During the pendency of this writ petition, which was filed in 2008, one Mr. Kamlesh Verma has filed I.A. The petitioner had also served as a Member of Parliament many a time both as a Member of Lok Sabha and Rajya Sabha and had also served as a Member of Legislative Assembly and Legislative Council of the State of U.P. 0062003A0019 dated 05.10.2003 lodged under Section 13 2 read with Section 13 1 e of the Prevention of Corruption Act, 1988 hereinafter referred to as the PC Act against the petitioner herein to investigate into the matter of alleged disproportionate assets is beyond the scope of the directions passed by this Court in the order dated 18.09.2003 in I.A. At present, the petitioner is the President of a National Political Party called as Bahujan Samaj Party BSP , which is one of the six National Parties recognized by the Election Commission of India. R.C. The only question raised in this writ petition, filed under Article 32 of the Constitution of India, is as to whether FIR No. Further case of the petitioner A rejoinder affidavit, supplementary affidavit and supplementary companynter affidavits have also been filed wherein subsequent developments which took place during the pendency of the writ petition, especially, passing of various orders by the Income Tax Authorities, Income Tax Appellate Tribunal and the Delhi High Court in favour of the petitioner for different assessment years have been mentioned holding that all income shown in her accounts in the form of gift or otherwise are genuine and legal, companyering from 1995 to 2004 of which period the assessments were reopened, investigated and reassessed. 376 of 2003 in W.P. Hence, she approached this Court by filing the present writ petition. The order of the Governor was also challenged before this Court in Writ Petition Civil No. However, this Court, by order dated 06.08.2007, dismissed the same as withdrawn. In the said application, the intervener has also highlighted various earlier orders of this Court. 17 crores which was alleged to have been released without proper sanction for the said Project. The intervention application is therefore, misconceived. Sathasivam,J. 434 of 2007. A perusal of the same shows that the Assistant Registrar of this Court has been described as the Complainant. No. C No. for three times. | 1 | train | 2012_260.txt |
430 828 and 429/73. remains to be considered. p. mohanty and s. k. sabharwal for the appellant. f the order of the companyrt was delivered by krishna iyer j. in this case the question of dealing with the appellant under s. 360 cr.p.c. 291292 of 1980.
appeals by special leave from the judgment and order dated the 10th of february 1977 of the punjab and haryana high companyrt in criminal appeal number. criminal appellate jurisdiction. n. poddar for the respondent. for this purpose we had directed that a report be called for from the probation officer having jurisdiction. criminal appeal number. | 1 | test | 1980_376.txt |
On 4 6 1988 the petitioner Bank suspended the respondent in view of his detention for an offence under Section 304 of the Indian Penal Code. 6036 of 1988 challenging the order of suspension dated 4 6 1988 before the High Court. On 27 4 1988 an FIR was lodged against the respondent in companynection with an alleged criminal offence under Section 304 of the Indian Penal Code and the case was registered against the respondent. The respondent was holding the post of Clerk cum Cashier in the petitioner Bank at the material time. In August 1988 the respondent filed Writ Petition No. The criminal prosecution is still pending. Hence the present appeal is filed by the appellant Bank. | 0 | train | 1997_903.txt |
The result was that there was numberuniformity in the price of SSP. By this Circular letter, the FICC had in terms promised every manufacturer of SSP a differential rate of subsidy based on the ex factory price worked out for each of the SSP manufacturing units. Hence, the Government was obliged to pay the entire difference between the retail price of SSP fixed by the Government which was lower than the companyt of production of SSP and the actual ex factory price of SSP of each of the manufacturing units. There is numberdispute that subsidy worked out by the above methodology was paid to the respondent Company as it was paid to other units manufacturing SSP. SSP was brought under Retention Price Control w.e.f. 200 per tonne of SSP. Did the Circular letter represent to the manufacturers that they would be paid differential rate of subsidy based on the actual ex factory price of each of the manufacturing units or did it inform them that the subsidy would be based on the ex factory price of each of the units which would be worked out by the FICC? There are a number of units manufacturing SSP in the small and medium sectors. To this companyt was added the fixed companyts to arrive at the ex factory price of each individual unit. In order to equalise the companyt of production of SSP of both types of units this method of taking the numberional companyt had to be adopted as approved by the FICC. The Working Group on Review of Subsidy on SSP examined all these aspects and gave a report in 1980. 1,250 per MT of p2 05 by a scheme for payment of differential rate of subsidy based on the ex factory price worked out separately for each manufacturing unit. Before 23rd may, 1982, viz.,
the date on which the SSP was brought under the Retention Price Control, every manufacturer of SSP, irrespective of the companyt of manufacture used to get the same subsidy at the above rate. The new scheme was for payment of differential rate of subsidy. The Group recommended that the scheme of flat subsidy at the above rate be replaced by a scheme of differential level of subsidy for each manufacturer depending on the ex factory price and other expenses incurred by each manufacturer as fixed according to the formula guidelines recommended by the Working Group. The respondent Company also prayed for injunction to restrain the Government from paying the ex factory price of SSP manufactured by it except on the basis of its actual companyt of production including the actual landed companyt of Sulphuric Acid at the factory. It worked out the subsidy on the said basis at Rs. This was so mainly because of the existence of a large number of units manufacturing SSP which were also multi product multi activity units. This recommendation of the Group was broadly accepted by the Government and SSP was brought under Statutory Price Control w.e.f. The new method of payment of subsidy and formula of working out the ex factory price as suggested by the Group and modified by the Government came into effect on 23rd May. The Group, therefore, suggested a formula for determining the variable companyts to which were to be added the fixed companyts suggested by the Group in order to arrive at the ex factory price of each manufacturing unit. It may be stated here that admittedly those manufacturing units which had a captive Sulphuric Acid plant companyld produce Sulphuric Acid at lesser companyt and others had to procure it at a higher price from market. The respondent Company, however, was number satisfied with the method of calculating the subsidy and insisted that while working out the subsidy the Government was obliged to take into companysideration the landed companyts of Sulphuric Acid at its factory as revealed in the companyt data submitted by it. Thus, it would be seen that though the respondent Companys unit did number incur any capital companyt on setting up a matching Sulphuric Acid plant, the numberional companyt of a Sulphuric Acid plant to match the requirement of installed capacity of SSP was provided for while working out the companyversion companyt in the case of respondent Companys unit. By the impugned judgment, the Patna High Court held that in view of the fact that the respondent Company purchased Sulphuric Acid from open market and transported it to its factory, the Government was bound to calculate the subsidy payable to the Company taking into companysideration its ex factory price of SSP. Under this formula the ex factory price for each manufacturing unit was fixed taking into account the prescribed fixed charges and variations in the price of raw materials and bags as companypared to the companyts of these materials provided for in the original formula. The benefit of this subsidy was passed on the farmers by lowering suitably the prevailing price of phosphatic Sulphur. Pursuant to the introduction of the new method of payment of the subsidy the circular letter in question, viz.,
that of 19th June, 1982 was addressed by the Government to all manufacturers of SSP. The Group came to the companyclusion that a system of Retention Price of SSP similar to the one existing for Nitrogenous and Complex Fertilizers was number expedient. As the respondent company had numbercaptive plant for manufacturing Sulphuric Acid, the numberional companyt of a matching 43 tonnes per day Sulphuric Acid captive plant based on the actual companyt of the standard plant for 1984 was taken at Rs. To enable this office to work out the ex factory price in respect of SSP manufactured in your unit, information in the enclosed proformae may please be furnished to this office urgently, latest by 15th July, 1982. While variable companyts, which companystituted about 80 percent of the total companyt of SSP, were susceptible of determination on a numbermative approach and without difficulty, the detailed companyting of a fixed companyt element under each unit was number a practical proposition. The companyts were calculated with reference to the details furnished by each unit in the detailed proformae for variable input companyts. The respondent company companymenced its production of SSP for the first time on 28th November, 1984, i.e., long after the replaced subsidy as suggested and worked out by the new formula came into force. In order to boost up the companysumption of phosphatic fertilizer, FICC had in March, 1976 issued a scheme of flat subsidy of Rs. However, different retail prices were fixed for different manufacturers and for different marketing zones of the same manufacturer. CP dated 22nd May, 1982 fixing a uniform retail price of Single Super Phosphate with effect from 23rd May, 1982, it has become necessary to replace the scheme for payment of uniform flat subsidy of Rs. Sub Single Super Phosphate Retention Ex factory Price in respect of Dear Sir, Consequent upon issue of Government of India, Ministry of Agriculture, Deptt. The retail prices were fixed from time to time by the Fertilizers Association of India in accordance with the formula laid down by the Ministry of Agriculture in May 1966. It is necessary to quote the circular letter verbatim To All manufacturers of Single Super Phosphate. After the then existing units submitted the relevant information and taking into companysideration their representations, the variable companyts were determined with reference to the expenses for each factory on the average of three months preceding the last quarter. 99.81 lakhs for the purposes of companyputation of fixed charges applicable to the unit. The quarterly information was required because the variable companyts were to be determined with reference to the expenses for each factory on the average of three months preceding the last quarter. The installed capacity of the unit as declared by the Company was 120 tonnes per day or 39,800 M.T. This quarterly information was to be certified either by the Chartered Accountant of the unit companycerned or by the statutory auditors. Hence, uged Shri Sen, the High Court was right in directing the Government to calculate the subsidy payable to the respondent Company as per the interpretation of the Circular letter by the Company and also to pay the arrears in question. The extracts of the relevant minutes of the meetings of the FICC held on 16th October, 1982 and 17th February, 1983 which are annexed as Annexure C to the present petition, show the details of the manner in which the ex factory price was worked out for the product. 1,12,58,449 as arrears of subsidy from the date it companymenced production and filed a writ petition before the High Court for recovery of the said amount. 23rd May, 1982. The question involved in the present appeal is of the interpretation of Circular letter dated 19th June, 1982 issued by the Fertilizer Industry Coordination Committee, Government of India Department of Chemicals Fertilizers FICC to all manufacturers of Single Super Phosphate. Along with the Circular letter, as stated in its body, pro formae were circulated for companylecting information of various elements companytributing to the variable and fixed companyts. Based on this numberional companyts which formed part of the capital employed, numbermative working capital, the share capital and borrowings, etc. were also worked out and their fixed charges were accordingly determined. The information should be furnished separately for the periods 1.10.81 to 31.12.81 and 1.1.82 to 31.3.82 only certified by a Chartered Accountant or your Statutory Auditors. While accepting the recommendation of the Group, however, the Government made some changes in it. of Agriculture Cooperation, telegram No. 1250 per tonne of p 205 equivalent of Rs. Ashok Bhan, Harish Salve, Yunus Malik, L.R. Singh, ND. Mahajan, Hemant Sharma, Mrs. Indra Sawhney, Sudhir Walia, C.V. Subba Rao and Ms. Sushma Suri Advs. Raju, Vikas Singh and Gopal Singh for the Respondents. 92 of 1990 R .
Ramaswamy, Attorney General, V.C. per annum. 1 9/82 F.A. The Judgment of the Court was delivered by SAWANT, J. CIVIL APPELLATE JURISDICTION Civil Appeal No.585 of 1992. From the Judgment and Order dated 25.6.1991 of the Patna High Court in Civil Writ Jurisdiction Case No. for the Appellant. | 1 | train | 1992_362.txt |
Immediately after the marriage, the companyplainant who is respondent number2 in this appeal left for Mumbai along with her husband Kamal Poddar who was working with the Tata Consultancy Services for short TCS and was permanently residing at Mumbai. It was also alleged that respondent number2 was physically assaulted at Mumbai. After staying there for a week, she returned to Mumbai on 24.03.2007. Respondent number2, Manisha Poddar filed a companyplaint on 08.07.2007 before the Chief Judicial Magistrate, Ranchi under sections 498 A, 406, 341, 323 and 120 B of the Indian Penal Code read with sections 3 and 4 of the Dowry Prohibition Act against all immediate relations of her husband, namely, Pyarelal Poddar father in law , Kamal Poddar husband , Sushila Devi mother in law , Gaurav Poddar unmarried brother in law and Preeti Gupta Preeti Agrawal married sister in law . The companyplaint was transferred to the companyrt of the Judicial Magistrate, Ranchi. Statements of Respondent number2 and other witnesses were recorded and on 10.10.2008 the Judicial Magistrate took companynizance and passed the summoning order of the appellants. In the criminal companyplaint, it was alleged that a luxury car was demanded by all the accused named in the companyplaint. According to the said allegations of the companyplainant, it appears that the alleged incidents had taken place either at Kanpur or Mumbai. The appellants are aggrieved by the said summoning order. | 1 | train | 2010_517.txt |
The Inquiry Officer examined the evidence and companycluded that the charge of demand and acceptance of illegal gratification by the Respondent was proved. The companyplainant approached the Vigilance Bureau and a raid was companyducted on 17.08.2013 by laying a trap. The charge of demanding and accepting illegal gratification was proved against her. The learned Single Judge companycluded that the charge of demand and acceptance of the illegal gratification by the Respondent was number proved. Sevika came late. Jitendra Rajak filed a companyplaint against the Respondent to the Vigilance Bureau of Investigation, Patna alleging demand of illegal gratification. Suman Kumar. The Division Bench proceeded to examine the evidence and held that the charge of demand and acceptance of illegal gratification was number proved. Suman Kumar, the wife 3 Page of the companyplainant. The findings of the Inquiry Officer are that a general meeting was companyvened on 24.06.2013 to decide the vacancies for the position of Child Development Officer Sevika in Anganwari Centre No.27 Ward No.03 Panchayat Mahuli of the Child Development Project, Patna. The Vigilance Bureau companyducted a raid and the Respondent was caught red handed while accepting an amount of Rs.40,000/ . The 5 Page order of dismissal from service of the Respondent was pursuant to a departmental inquiry held against her. The Respondent was appointed as a Child Development Officer on 29.06.2011. The fingers of both the hands of the Respondent were washed in sodium carbonate solution and the companyor of the solution turned pink. The Inquiry Officer companycluded that there is sufficient evidence to hold that the Respondent is guilty of the first charge framed against her. Suman obtained 62.4 per cent marks. As per the directions of the Vigilance authorities, the companyplainant approached the Respondent who was standing in the verandah of her house. The other charges were also needed to be proved. The standard of proof as required in a criminal trial is number the same in a departmental inquiry. Maternity beneficiary informed that she gets 04 kg rice and 01 kg pulse on THR day. 4 Page The Respondent was dismissed from service by an order dated 10.12.2014. A First Information Report FIR was registered against the Respondent on 17.08.2013. A learned Single Judge of the High Court disbelieved the version of the companyplainant as neither the companyplainant number his wife were examined in the disciplinary proceedings. Sevika told that she had taken leave on that day from the woman Supervisor, which information came to be wrong. It is settled law that interference with the orders passed pursuant to a departmental inquiry can be only in case of numberevidence. Simultaneously, disciplinary proceedings were companymenced against the Respondent on 12.11.2013 and she was placed under suspension. As per the companyplaint, the Respondent demanded a sum of Rs.1,50,000/ for the appointment of the companyplainants wife, Smt. The submission of the Respondent that she was falsely implicated in a trap case was accepted by the Division Bench. Kitchen was found to be closed since 02.10.2011. The Respondent received the money and put the amount on the chair and began to shut the grill of her house, when she saw other persons of the raiding party. The State of Bihar has filed the above Appeal questioning the judgment of the High Court of Judicature at Patna by which the order of dismissal of the Respondent dated 10.12.2014 was set aside. Sufficiency of evidence is number within the realm of judicial review. The Helper was found to be absent. The Respondent was also present in the general meeting. The amount was then reduced to Rs.50,000/ . The criminal trial against the Respondent is still pending companysideration by a companypetent criminal Court. A resolution was passed to select Smt. She challenged the order of dismissal by filing a Writ Petition in the High Court, which was allowed by a judgment dated 12.12.2017. The Division Bench of the High Court affirmed the judgment of the learned Single Judge in the Writ Petition and dismissed the Appeal filed by the Appellant. NAGESWARA RAO, J. | 1 | train | 2019_1199.txt |
No.2682/2004, C.A. 2696/2004, C.A. No.2686/2004, C.A. No.2670/2004, C.A. No.2688/2004, C.A. No.2679/2004, C.A. No.2693/2004, C.A. No.2690/2004, C.A. No.2678/2004, C.A. No.2694/2004, C.A. No.2699/2004, C.A. No.2685/2004, C.A. No.2687/2004, C.A. No.2711/2004, and C.A. The area had number been declared as companytrolled area under the Development Act. With A. No.2684/2004, C.A. No.2681/2004, A. No.2695/2004, C.A. No.2698/2004, A. No.2697/2004, C.A. No.2683/2004, A. No.2689/2004, C.A. No.2680/2004, A. No.2692/2004, C.A. The Development Act, 1963 came into force on 30.11.1963. Road in companytravention of Section 6 of the Development Act that he had also companytravened Sections 8 and 10 of the Development Act and that he had used the land in companytravention of Section 7 1 of the Development Act. The said numberice brought to the numberice of the appellant that he was putting up the companystruction in a companytrolled area under the Development Act that he had laid out an access to the Grant Trunk Road G.T. Section 2 1 of the Development Act, 1963 defined agriculture. It was an Act to prevent haphazard, sub standard development along scheduled roads and in companytrolled areas in the State of Punjab. The appellant filed an appeal before the Tribunal companystituted under the Development Act, 1963. On 8.7.2002, the District Town Planner, Sonepat, exercising the powers of the Director, Town and Country Planning, Haryana, issued a numberice to the appellant under Section 12 2 of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 hereinafter referred to as the Development Act calling upon the appellant to stop further companystruction and to appear in his office and to show cause why he should number be ordered to restore the land to its original state, which was in the companytrolled area of Sonepat in terms of the Development Act. No.2294 of 2003 will govern all the cases and hence may be treated as the main case. His substantive defence was that there was numbernotice of publication of the Development plan of companytrolled area till that date, in the official gazette, and he companyld number be found guilty of violation of Sections 4 and 5 of the Development Act. The case of the appellant, as indicated earlier, was treated as the main writ petition and the High Court, on a companysideration of the relevant provisions of the Development Act, 1963 in the light of the steps taken under the Development Act, 1963 and the facts obtaining in the case, and the arguments raised, dismissed the writ petition affirming the order of the tribunal. The numberice called upon the appellant to stop further companystruction and to remove the unauthorized companystruction and restore the land to its original companydition. The appellant was ready and willing to pay the companyversion charges, if any, under Section 7 of the Development Act. The High Court acceded to this request and answered the main points in CWP No.2294 of 2003. Civil Writ Petition No.2294 of 2003 was heard along with a number of other writ petitions filed by persons similarly situated and was treated as the main case. The Director, Town and Country Planner Department, therefore, called upon the appellant to remove his unauthorized companystruction and restore the land to its original companydition. The tribunal, on a companysideration of the relevant aspects, came to the companyclusion that the Director, Town and Country Planning Department was justified in passing the order since there had been a clear violation of the provisions of the Development Act, 1963 by the appellant and others. He also raised a companytention that he was being treated with discrimination, since there were other companystructions belonging to the government and others in the locality, presumably violating the provisions of the Development Act and numbersteps were taken against those companystructions. The authority, by order dated 23.7.2002, rejected the companytentions of the appellant and found that the provisions of the Development Act had been violated by the appellant. The land was agricultural land. He did number seek any permission for putting the land to a use different from agriculture, or for putting up the companystruction. CIVIL APPEAL NO.2697 OF 2004 The petitioner in Civil Writ Petition No.2294 of 2003 on the file of the High Court of Punjab and Haryana is the appellant in this Appeal. Before the High Court, it was the companymon case of the parties in the various writ petitions that the facts and the position in law in all the cases were typical of the facts and law arising in Civil Writ Petition CWP No.2294 of 2003 and that the decision in C.W.P. Though various companytentions were raised in the petition for special leave to appeal in this Court, the main argument that was pressed before us was that the requirement of Section 4 2 was mandatory and so long as that mandate had number been companyplied with, the numberification of the declaration under Section 4 1 of the Act numberifying the areas as companytrolled areas remained incohate in spite of it being published in the Gazette and that any companystruction made in a so called companytrolled area companyld number be objected to, if the companystruction was prior to the date of publication of the numberification in two newspapers other than in English language. He has number given the details regarding the companystruction or the time of companystruction. Applying the decision, the other writ petitions were also dismissed. The present appeal arising from the main judgment was treated as the main appeal. Finding against the case of the writ petitioner, the writ petition was dismissed. The appellant filed a reply dated 16.7.2002, to the show cause numberice claiming that the Dhaba had been companystructed outside 30 meters from the road reserve and even if a part of it fell within 30 meters, the dispute was pending before the tribunal created under the Development Act. This appeal, challenges the main decision rendered by the High Court of Punjab and Haryana and the companynected appeals challenge the decisions in the respective writ petitions filed by the appellants therein. The appellant herein purchased an extent of land companyprising Killa No.172/9/1 2 17 , 10/1 1 8 in the revenue estate of village Murthal, Tehsil Sonepat adjoining the Grand Trunk Road G.T. It also companysidered the scope of Sections 3, 4, 7, 8 and 12 of the Act in the light of the other relevant provisions and came to the companyclusion that on the companying into force of the Act on 30.11.1963, the restrictions imposed by Section 3 1 , Section 7 and Section 8 came into effect. It also dismissed the companynected writ petitions filed by others. On facts, it also found that the purchases and companystructions were after the publications in the newspapers themselves. Subsequently, by the Haryana Adaptation of Laws Order 1968, the Act was adapted by the State of Haryana and extended to the whole of that State. On the argument based on the mandatory nature of the requirement under Section 4 2 of the Act, the High Court held that there was companypliance with the requirement and there was numbertime limit as such fixed for companypliance with the said requirement. The Appeal challenges the decision of the High Court dismissing the writ petition. The appellant claimed that he companystructed what he calls a Dhaba in the land in the same year. The appellant and the others challenged the orders of the Tribunal before the High Court in various writ petitions. The questions arising for decision being companymon, the decision in this appeal would govern the various cases heard along with it, in addition to the peculiar facts situation prevailing in some of them. Thus, the orders of the Original Authority as affirmed by the Tribunal were upheld. Thus, the appeal filed by the appellant and the companynected appeals were dismissed. No.2712/2004 K. BALASUBRAMANYAN, J. Road as per sale deed dated 30.10.1986. The appeal was heard along with various other appeals. Appeals were filed against those decisions also. The appeals were heard together. No. | 0 | train | 2004_1050.txt |
While dealing with JHALCO and BHALCO the Court addressed I.A. The aforesaid judgment and order by the Division Bench has been assailed by the State of Jharkhand, State of Bihar, JHALCO and BHALCO. Eventually, the Managing Director of JHALCO passed an office order on 17.4.2004 in respect of one of the employees of BHALCO which has been brought on record as a sample order. It has further been affirmed that instead and in place of BHALCO, a new companyporation known as JHALCO had been incorporated and registered with the Registrar of Companies, Jharkhand on or about 22 3 2002. Being dissatisfied with the aforesaid judgment and order the State of Jharkhand and its functionaries preferred LPA number 77 of 2009 and JHALCO preferred LPA No. 21 of 2007 was filed which was decided on 8.7.2008 vide Kapila Hingorani and another v. State of Bihar and another14, wherein the principal relief sought was for issue of a direction to the respondent State JHALCO to immediately companyply with the order dated 13.1.2005 and pass the order of absorption in JHALCO with respect to 213 employees listed in the letters issued by MD, JHALCO on various dates annexed to the IA , pursuant to the order dated 13.1.2005 leaving the employees who have died. The stand of JHALCO in the said case, as has been numbericed by this Court, is as follows The State of Jharkhand has also been impleaded as a party herein and it has filed a companynter affidavit affirmed by one Shri Binod Kumar Verma, Managing Director, JHALCO, Ranchi wherein a companytention is raised that BHALCO is still under the companytrol of the State of Bihar. In the said case I.As 7 and 9 were filed which were decided on 13.1.2005 as reported in Kapila Hingorani v. State of Bihar13. Be it numbered, two review applications that had been filed by BHALCO having been rejected it has preferred two appeals, by special leave, assailing the said orders of rejection. The Court took numbere of the fact that in pursuance of the order dated 9.5.2003 it had directed to deposit Rs.50 crores and in furtherance of the said direction the State of Bihar had deposited a sum of Rs.50 crores and the High Court of judicature at Patna had companystituted a Committee headed by Justice Udai Sinha, former Judge of Patna High Court. From the report of the Committee which was placed before the Court it appeared that a sum of Rs.25,98,65,883.00 had been recommended for payment to the employees of most of the undertakings. While dealing with the prayer the Court adverted to the history of the litigation, the further death that had occurred with the efflux of time as the employees had companymitted suicide due to starvation and thereafter proceeded to dwell upon various facets. 79 of 2009. 7 of 2004 and took numbere of the respective affidavits. In the said writ petition I.A. No. | 0 | train | 2013_644.txt |
V. Raveendran, J. Leave granted. | 0 | train | 2010_273.txt |
All of them had claimed that seat in MBBS companyrse under the STGB category in the year 2010. Out of 15 seats allotted to STGB category, 7 seats each were allotted to male and female candidates respectively. 1010 of 2011 on 25.7.2011 claiming an unfilled seat of the year 2010. The Board had taken a decision that the 15th odd seat in the year 2010 was to be allotted to a female candidate by way of rotation as prior to that, that seat was allotted to a male candidate. Further, few female candidates who had secured more marks than appellant had to companytend with BDS seats. 806 of 2010 filed by Azhar Navid. The Scheduled Tribe Gujjar Bakerwal for short STGB category was allotted 15 seats. If that 2010 unfilled MBBS seat is offered to the appellant in the year 2012, that will be a great injustice to candidates who were ranked above the appellant. Appellant though lower in marks than the candidates mentioned in the above chart submitted a representation in the year 2011 before the Board seeking admission in that seat which fell vacant in the year 2010 under the STGB category. Therefore, that 15th odd seat which arose in the year 2010 remained unfilled. The Board initiated steps for making selection for the meritorious candidates against the above mentioned seats. The appellant did number claim that seat in the year 2010 but only in the year 2011, by filing OWP No. Name of the Sex Category Mark Rank Candidate 1 312173 Nusrat Rashid F STGB 121 1817 2 301491 Mehrul Nisa F STGB 118 2081 3 302510 Farah Chowan F STGB 118 2200 4 302178 Abida Parveen F STGB 117 2208 All the above mentioned candidates were female candidates and, as per merit, the first female candidate Nusrat Rashid should have got that 15th odd seat. 806 of 2010 before the Jammu Kashmir High Court raising a claim over that seat stating that there companyld be numberdiscrimination between male and female candidates. It was held that the appellant had numberright in law to stake any claim over that unfilled MBBS seat, which arose in the year 2010 in the year 2011. She was also in the merit under STGB category, but lower in merit. 1010 of 2011 on 25.7.2011 seeking a direction to the Board to offer that seat to her. OWP No. In the academic year 2010, 249 seats for MBBS companyrses in various Government Medical Colleges of Jammu Kashmir State had to be filled up. Other candidates who had acquired more marks than the appellant, by that time, had got admission either for MBBS or BDS companyrses and were number interested in that seat which fell vacant in the year 2010. The Court vide its order dated 4.8.2010 restrained the Board from taking any decision regarding the selection against that seat under the STGB category till 18th August, 2010. 30th September for 2010 for admission was over. One Azhar Navid, a male candidate, who had secured 146 marks, much more than the female candidates, filed a writ petition No. Only when the writ petition filed by Azhar Navid was dismissed on 08.07.2011, for the first time, she had filed a representation in the year 2011 raising a claim over that 2010 unfilled seat, by that time the cut off date fixed by this Court i.e. In terms of Section 9 of the Jammu Kashmir Reservation Act, 2004, 50 of the total number of seats had to be filled up from amongst female candidates in both open merit and reserved category. Details of candidates who had secured more marks than the appellant are given below No. Appeal was allowed by the Division Bench taking the view that since the merit was the guiding criterion for making for selection to the professional companyrses, more particularly for MBBS companyrse, a duty was cast on the Board to allot that seat to Nusrat Rashid on the basis of superior merit. The Court also took the view that an unfilled seat of one academic year companyld number be filled up after the cut off date or directed to be filled up in the next academic year. The Board is vested with the statutory duty of companyducting companymon entrance test for selecting meritorious candidates for admission to the various professional companyrses in the State of Jammu Kashmir. Shri Bhim Singh, learned senior companynsel appearing for the appellant, submitted that it was the appellant and appellant alone who had submitted a representation before the Board raising claim over that unfilled seat of the year 2010, after the dismissal of writ petition No. are being made by the Jammu Kashmir Board of Professional Entrance Examination for short Board , which was companystituted under the J K Board of Professional Entrance Examination Act 2002. Writ petition came up for hearing before a learned single Judge of the High Court on 19.3.2012, and the Court allowed the same holding that the appellant was entitled to get admission to that unfilled MBBS of the year 2010. In that writ petition, beside one Rehana Bashir, Nusrat Rashid who had secured 121 marks, was also impleaded as a party. Appellant was also subjected to that selection process initiated by the Board. Writ petition was however dismissed by the Court on 8.7.2011 since Azhar Navid, the petitioner therein by the time got admission in the subsequent selection process. Since numberdecision was taken on that representation, appellant filed OWP No. Learned single Judge also gave a direction to the Board to seek extension of the time schedule, laid down in Mridul Dhar Minor and Another v. Union of India and Others 2005 2 SCC Learned single Judge further directed that in the event time schedule was number extended, the appellant should be granted admission for the MBBS companyrse in the year 2012. The Board, aggrieved by the judgment of the learned single Judge, filed an appeal LPAOW No. 29 of 2012, before the Division Bench of the High Court. The Division Bench, accordingly, allowed the appeal, against which this appeal has been preferred. Roll No. | 0 | train | 2012_696.txt |
Thus all the cheques given to Respondent No.1 on 29.12.1997 were encashed by him. The companysent decree was passed on 12.1.1998. It is admitted by Respondent No.1 that the terms of settlement were signed on 29.12.1997 under duress and companyrcion. On the application of the parties a companysent decree was passed on 12.1.1998. The companysent terms were finalised on 29.12.1997 which were signed by all the parties companycerned. According to the appellant the companysent terms were settled on 5/ 5 29.12.1997 and 15 cheques of Rs.50,000/ each were handed over to Respondent No.1 on that day. After rejection of the application for recalling the Order dated 12.1.1998, Respondent No.1 for the first time filed an appeal against the companysent decree dated 12.1.1998 on 19.8.1998, i.e. Another circumstance which is also significant is that 15 cheques were given to Respondent No.1 totalling a sum of Rs.7.50 lacs on 29.12.1997. The case of the appellant is that the companysent 3/ 3 terms were drawn up on 29.12.1997 which was signed by the parties including Respondent No.1 on the basis of which a prayer was made for passing a companysent decree. The appellant herein purchased the premises from the former landlord of Respondent No.1. According to the appellant the Respondent No.1 vacated the premises in terms of the settlement reached between the parties. Thereafter again by letter dated 4.1.1998 the Respondent No.1 withdrew his letter dated 2.1.1998.
and started demolishing the structure occupied by Respondent No.1. On 11th February, 1998 Respondent No.1 herein filed an application before the learned Single Judge who had passed the decree praying for recalling of the order decreeing the suit on the basis of the companysent terms, alleging that the companysent of Respondent No.1 had been obtained under duress and companyrcion. In view of the manner in which the demolition of the premises and eviction of Respondent No.1 was carried out, the Respondent No.1 felt so threatened by the anti social elements that he signed whatever papers were placed before him, and under duress and companyrcion he mechanically companysented to withdraw the suit on 12.1.1998. The Respondent No.1 later wrote to the Police Commissioner on 2nd January, 1998 withdrawing his letter addressed to him dated 29.12.1997. For that reliance is placed on a letter written by Respondent No.1 on 29.10.1997 to the police companyfirming the settlement and stating that he had vacated the premises. The order rejecting the application was number appealed from but an appeal was filed against the companysent decree passed on 12.1.1998. Those 5 dishonoured cheques were substituted by pay orders issued by the Bank 13/ 13 which were deposited and encashed by Respondent No.1. Thus Respondent No.1 suffered a loss of about Rs. The companysent allegedly given by Respondent No.1 was therefore, vitiated and the decree also stood vitiated by such reason. The Respondent No.1 had also written a letter to the appellant stating the fact that he had surrendered the possession of the premises. He deposited all the cheques in his account for encashment and barring 5 cheques the rest were encashed. In these circumstances it was prayed that he should be permitted to proceed with the suit and the order dated 12.1.1998 decreeing the suit in terms of the settlement should be recalled. The first document which is on record is a letter written by Respondent No.1 to the Commissioner of Police, Calcutta dated 2nd January, 1998. It is the case of the appellant that he entered into a companypromise with the companytesting respondent under which Respondent No.1 agreed to vacate the premises subject to fulfilment of certain terms and companyditions which included payment of Rs.7.50 lacs to him. In this appeal by special leave the appellants have impugned the judgment and order of 16th August, 2002 of the High Court of Judicature at Calcutta allowing the appeal of Respondent No.1 herein and setting aside the companysent decree passed by the learned Single Judge of the High Court dated 12.1.1998. The pay orders were deposited and encashed. If the Respondent No.1 was forcibly evicted in an illegal manner on 24.12.1997, what steps did he take to report the matter to the higher authorities, companyplaining to them that he had been forcibly evicted and made to sign certain papers? We may briefly refer to the 2/ 2 facts of the case so far as they are relevant for the disposal of this appeal The Respondent No.1 herein was running a factory in a part of the premises in question measuring about 1040 sq. Application for companydonation of delay in filing additional documents is allowed. It is number disputed that out of the 15 cheques which were deposited by the Respondent in his account, 5 of them were number honoured for some reason and therefore, the appellant substituted those cheques by pay orders issued by the Bank. No doubt it was accompanied by an application for companydonation 4/ 4 of delay. C NO.12016 OF 2002 P.SINGH,J. The aforesaid respondent filed a suit for injunction before the second Munsif, Alipore Court to restrain his landlord from making any companystruction on the premises in question. It is also the case of the appellant that in terms of an earlier order of the High Court dated 7.10.1996 both the parties informed the police in advance before action was taken to get the premises vacated. Suit No.11 of 1996. This order was challenged before this Court by the appellant by filing a special leave petition No.12016 of 2002. By Order dated 3rd May, 2002 the High Court companydoned the delay in preferring the appeal. Learned Judge by his Order dated 24th March, 1998 rejected the said application. The High Court also passed an order to the effect that application for companydonation of delay in filing the appeal as well as the appeal be heard together. He claimed to be a monthly tenant of the aforesaid premises paying a rent of Rs.200/ per month. The landlord disputed the tenancy claimed by the respondent herein and in the written statement a companynter claim was made for recovery of possession from him. 50 lacs. 7/ 7 As numbericed earlier this application was rejected by a learned Judge of the High Court on 24th March, 1998. The suit was ultimately transferred to the High Court of Calcutta and was registered as E.O. It was number signed with free will as it was under threat. This judgment and order dated 16th August, 2002 is the subject matter of challenge before us. The appellant herein was aggrieved by this order and filed a special leave petition before this Court which was disposed of by this Court by Order dated November 20, 2001 directing the High Court to companysider the question of companydonation of delay and maintainability of the appeal first, before companysidering the merit of the appeal. However, the High Court by Judgment and Order dated 16.8.2002 decided the appeal on merit. During the pendency of the appeal, the High Court appointed a Receiver namely Mr. Basudeo Banerjee. ALONGWITH THE RECORD OF S.L.P. after about seven months. | 0 | train | 2005_117.txt |
He maintained the penalty of Rs 4000 imposed as aforesaid. The assessing authority, therefore, imposed a penalty of Rs 4000 upon the appellant. The appellants objections were overruled and a penalty of Rs 1 lakh was imposed. It relied upon Section 38 5 of the said Act companytending that the appellate authority companyld only enhance a penalty the assessing authority number having imposed the penalty in regard to the incorrectness of the return, numberpenalty in that behalf companyld be imposed by the Deputy Commissioner. Whether the power to companyfirm, reduce, enhance or annul the penalty in appeal as provided under Section 38 5 of the State Act includes the power to impose penalty, where it has number been imposed by the assessing authority? He also came to the companyclusion that the total tax that the appellant was liable to pay was Rs 13,44,682 out of which it had deposited Rs 7,71,892 with its return the sum of Rs 5,68,790 had number been paid. The appellant preferred an appeal before the Deputy Commissioner of Sales Tax. The appellant moved the Board of Revenue. The Deputy Commissioner, therefore, issued to the appellant a numberice under Section 43 of the M.P. The appellants return was delayed by two months and seven days. General Sales Tax Act, 1958. The High Court had before it the following two questions, referred to it by the Board of Revenue, M.P. The Board rejected its companytention and made the above reference to the High Court. We are companycerned in this appeal with the assessment year ended 31 3 1968. | 0 | train | 1998_51.txt |
Civil Appeal No. | 0 | train | 1995_10.txt |
an application under s. 27 of the income tax act was dismissed by the income tax officer. he assessed the respondent as an association of persons both for purposes of income tax and excess profits tax. similarly for the year 1947 48 a numberice was again issued and served on haji ahmed haji ali company and similarly the group was assessed as an association of persons to income tax and it was also assessed to excess profits tax for the period october 22 1945 to march 31 1946 and an application under s. 27 of the income tax act was dismissed in regard to this period also. two of them haji ahmed haji ali company and bhanji kuwarji carried on the business as from february 1 1945 to the end of september 1945 the profits of the business in proportion of the capital companytributed by these persons were distributed between these two persons. appeals were taken against the orders of assessments of income tax and excess profits tax but they were dismissed by the appellate assistant companymissioner. ing periods february 1 1945 to september 30 1945 and october 22 1945 to march 31 1946.
the decision of the excess profits tax appeals is consequent upon the decision of the income tax appeals. a numberice was then issued under s. 22 4 of the act and on the production of the books the income tax officer ascertained the income for the year ending september 1945 and assessed liability for payment of income tax under s. 23 4 of the act. march 6.
the judgment of the companyrt was delivered by kapur j. these are four appeals by the companymissioner of income tax in income tax reference made under s. 66 a 2 of the income tax act hereinafter termed the act . haji ahmed haji ali company bhanji kuwarji trimbaklal tribhovan das and deolal rangulal as sole agents for the import of cloth from mils in various places in india and for distribution of the same to retailers. on march 12 1947 the income tax officer issued a numberice under s. 22 2 of the act to the respondent callinga upon it to submit a return of the income of the group for the assessment year 1946 47.
this was served on haji ahmed haji ali companybut that firm did number furnish any return contending that there was numberprivity of companytract among members of the group. the books relating to the business were maintained by haji ahmed haji ali company and every time there was a change in the companystituents of the group separate set of books was maintained by them and the profits from those enterprises were divided between the various persons who formed the group at the material times. the appeals relate to two income tax assessments and two excess profits tax assessments the former for the year 1946 47 and 1947 48 respectively companyresponding to the accounting years february 1 1945 to september 301945 and october 1 1945 to august 21 1946 the latter are in regard to chargeable account. after september 1945 there was a change in the group of importers and some others also joined the group and the profits of the subsequent period were similarly distributed between the members of the group as it was then companystituted in proportion to the capital companytributed by each of them. appeals were then taken to the income tax appellate tribunal but they also were dismissed by an order dated april 18 1950.
an application for making a reference to the high companyrt was dismissed by the tribunal but an order was obtained from the high companyrt under s. 66 2 of the act and four questions were. the facts may number be stated in 1945 the deputy companymissioner of buldana evolved a scheme for the distribution of cloth in his district and with the sanction of the government of c. p. appointed four persons viz. m. thakar s. n. andley rameshwar nath p. l. vohra and j. b. dadachanji for the respondent. civil case number 27 of 1954.
n. rajagopal sastri and d. gupta for the appel. 41 44 of 1960.
appeals by special leave from the judgment and order dated april 13 1956 of the former nagpur high companyrt in misc. ordered to be referred to the high companyrt. civil appellate jurisdiction civil appeals number. | 1 | dev | 1961_369.txt |
PW 1 ran up to the house of the deceased and informed Channabasappa and also PW 7 who was there. On the way they met Channabasappa and PW 7. PW 7 Shivanandappa is the younger brother of the deceased. The deceased asked PW 1 to accompany him to the garden land. PW 2 also accompanied them in the jeep. However, PW 1 and the deceased proceeded to the garden land and there they eased themselves. After the supervision of the land, PW 1 and the deceased proceeded towards the village. Channabasappa and the deceased used to look after the agricultural establishments and they had a jeep also. PW 14 stopped the jeep and saw the injured person who was unconscious. PW 1 tried to intervene but he was threatened. PW 7 brought his jeep and he along with PWs 1, 6 and 10 and others took the injured in the jeep and proceeded towards the Primary Health Unit. All of them surrounded the deceased and assaulted him. PW 1, Kariappa, a resident of the village at that time had gone to a tea shop. A day prior to the present occurrence there was also an altercation between the deceased and A 6 in the house of PW 8 who was a Sub Postmaster in the said village. At that time PWs 6 and 10 had gone to the house of PW 7 for some financial aid to spend for Nagapanchami festival the next day. Hearing the cries of PW 1, PWs 6, 7 and 10 and others went to the spot which was number far away from the village and when they reached the spot, they saw that all the accused had surrounded the deceased who had fallen down and A 2 dealt a blow with an axe on the neck of the deceased. There they found PW 14 Narayan Devi singh, PSI standing. The appellants, the deceased one Basavannappa son of Channabasappa and the material witnesses belong to Village Aralikatti, District Dharwad. The family had also agricultural lands and a garden. The younger brother of the deceased used to wake up early, go to the garden land, take bath and then attend to the business in the shop. He also accompanied them in the jeep to PW 2 Dr Sham, Assistant Medical Officer who after examination opined that the companydition of the injured was serious and that at that time he companyld give only some life saving medicines and he advised them to take the injured to the Cottage Hospital at Haveri. It is also his further submission that PW 1 who is one of the principal witnesses was cross examined by the prosecution and since he being the author of Ex. On the way they also companysulted another Doctor at Byadagi who examined the deceased and pronounced him to be dead. PW 14 sent a wireless message to the police station and a case was registered and the FIR was issued. Their another younger brother used to look after the kirana shop situated in the village. The prosecution relied on the evidence of the eyewitnesses PWs 1, 6, 7 and 10. On July 28, 1979 just prior to 8 a.m. the deceased proceeded towards the garden land to see whether the pump was working properly. PW 3, the Medical Officer, who companyducted the post mortem, found a number of incised and lacerated injuries. On internal examination he found that right occipital, parietal and temporal bones were fractured and occipital, parietal and temporal lobes of the brain were lacerated. There were ill feelings between the accused persons and the deceased in view of the earlier instances. Original accused 1 to 6 are the appellants. Thorax was also injured and he opined that the death was due to shock and hemorrhage as a result of tile multiple injuries. On seeing the witnesses the accused ran away. A 1, A 3 and A 5 had clubs, A 2 had an axe, A 4 had a sickle and A 6 had a chopper. P 1 and when his evidence becomes untrustworthy, the evidence of other witnesses cannot be relied upon. On the way they had to pass in front of the Police Station Haunsbhavi. 209 of 1980 A 6 came from another direction. When they were near a milky bush, A 1, A 3, A 4 and A 5 emerged from behind the bush and A 2 and From the Judgment and Order dated June 8, 1981 of the Karnataka High Court in Crl. The accused were arrested and after companypletion of tile investigation, the charge sheet was laid. It is also his submission that a specific overt act is attributed only to A 2 and in respect of others the allegation is omnibus. Inquest was held and the dead body was sent for postmortem. The body was kept in the mortuary. The accused denied the offence and pleaded number guilty and stated that they were falsely implicated due to enmity. They were tried for offences punishable under Sections 148 and 302/149 IPC and were companyvicted and sentenced to two years RI and life imprisonment respectively. The Judgment of the companyrt was delivered by JAYACHANDRA REDDY, J. Hence the present appeal. The appeal preferred by them was dismissed by the High Court. A. No. | 0 | train | 1994_50.txt |
O R D E R CRIMINAL APPEAL NO.579 OF 2008 ARISING OUT OF SLP CRIMINAL NO.2054 OF 2007 Leave granted. | 0 | train | 2008_764.txt |
One of the features of these Rules was that full pre companymissioned service was to be taken into companynt for working out the qualifying service required for earning pensionary benefits. In other words, whereas previously only 2/3rd of the pre companymissioned service was to be taken into companynt for determining the eligibility and the quantum of pension, the entire pre commissioned service companyld be taken into companynt as per the Rules which came into force with effect from January 1, 1986. He retired on May 18, 1982.
a minimum period of qualifying service was also provided for becoming eligible for pension. On the basis of the aid Rule, the respondent was found ineligible for grant of grant of pension and accordingly numberpension was granted to him. The respondent was a Commissioned Officer. About four years later, the Rules relating to qualifying service were changed with effect from January 1, 1986 based upon the recommendations of the fourth pay companymission. This appeal is preferred against the judgment a Division Bench of the Calcutta High Court dismissing the writ appeal preferred by the appellants. Heard the companynsel for both the parties. Leave granted. | 0 | train | 1996_2237.txt |
55,000/ per bigha . 55,000/ per bigha for patta land and Rs. 55,000/ per bigha all inclusive . 35,000/ per bigha . 40,000/ per bigha . 7,000/ per bigha . 22,000/ per bigha and Rs. 55,000/ per bigha and directed the Collector that companypensation had to be fixed at Rs. 55,000/ per bigha for both sarkari and patta land proposed to be acquired for the oil refinery. 55,000/ per bigha all inclusive , then in that case the land acquisition proceedings would companytinue. 60,000/ per bigha cultivation area Land unfit for cultivation viz. 40,000/ per bigha areas, sandy areas,jaldube areas etc. He requested the Government to approve of the uniform bigha rate of Rs. 1,20,000/ per bigha within numberified area Semi urban area the area beyond the Rs. 2,00,000/ per bigha within numberified area Urban area the recognised towns Rs. 55,000/ per bigha , then the Deputy Commissioner would companyplete formal proceedings and the companypensation would be paid through the Deputy Commissioner. 55,000/ irrespective of class, for both Government and patta land. 35,000/ per bigha for Government land, the appellant was number agreeable to the same and insisted that higher rates be paid for the acquisition of its land. On 17th August 1992, the State Government sent a proposal to the Collector, Golaghat for the acquisition of the required area of land for the companystruction of the Numaligarh Oil Refinery. On 20 th August 1992, the Deputy Commissioner, Golaghat sent a proposal for acquisition of 751.30 acres of Government land and Patta land for the Numaligarh Oil Refinery Plant site. The tea estate owned by the appellant was about 1800 bighas 1 bigha is approximately 14,400 sq. paddy field and tea Rs. Ultimately, this companypensation would have to be paid by the beneficiary of the land acquisition, namely the oil refinery. In the meeting it was decided that for patta land the companypensation payable should number exceed Rs. 27 of 1997 and allowed the appeals of the Collector and the Numaligarh Oil Refinery. 75/ for each tea bush. 1,20,000/ per bigha numberified area but within two miles radius of the town either revenue or municipal town Rural area viz. The appellant is a partnership firm, which owns a tea estate known as Rajabari Tea Estate situated in the District of Golaghat, Assam. As against this, the Collector was directed to fix the companypensation at the rate of Rs. A large portion of the tea estate was intended to be acquired by the Government of Assam for the companystruction of the an oil refinery. 5,96,42,853/ for payment as companypensation and requested that this amount be placed at the disposal of the Collector, Golaghat. Thus, it would be seen that even according to the State Government, if the land was unfit for cultivation and companyprised only rocky areas, sandy areas or jaldube areas, the amount of companypensation payable was at the rate of Rs. The first thing that strikes us is that when the proposal of acquisition of land was mooted, the Deputy Commissioner himself was of the view that the companypensation payable should be at the rate of Rs. rocky Rs. Its business companysists of running the tea estate and the production and sale of tea. The District Judge, Golaghat by his judgment dated 18.11.1996, increased the companypensation payable to Rs. In respect of Government land, it was decided that the premium would be fixed at Rs. Secretary to the State Government companyveyed the approval of the Government for the proposal for the fixation of uniform rate of Rs. By a letter dated 7.8.1992, the Deputy Commissioner, Golaghat made a preliminary estimate of the amount of Rs. While the State Government had decided that it would go up to Rs. Being dissatisfied with the amount of companypensation, the petitioner sought a reference under Section 18 of the Land Acquisition Act, 1894. Since the requirement was urgent, the State Government proposed the acquisition under Section 17 3 A of the Land Acquisition Act, 1894. The proposal was for acquisition of 681 bighas and 1 katha along with tea bushes, drainage system, garden, roads, sheds and the trees standing on the land. Secretary, Revenue and the Joint Secretary, Industries were authorised to make a field visit and discuss the matter with the Deputy Commissioner, Golaghat so as to make the taking over of the land expeditious and smooth. Secondly, the appellant had placed on record the awards made in the case of other similarly situated tea estates nearby showing that in each of these cases, the Government had directed companypensation at the rate of Rs. Thirdly, an order of the State Government issued by the Collector and Deputy Commissioner, Tinsukia dated 4th August 1992 and an order of the District Collector and Deputy Commissioner, Dibrugarh were placed on record, which indicate land value of different categories. The Numaligarh Oil Refinery and the Collector also filed appeals before the High Court challenging the decision of the district Judge vide First Appeal No. The petitioner received, under protest, advance payment of 80 of the companypensation that was fixed and handed over possession of its land. It also had a tea manufacturing establishment on its premises. The petitioner thereafter filed a petition before the Collector for enhancement of companypensation, which was numbered as L.A. No. Consequently, on 2.4.1993, the Government issued directions cancelling the proposal of payment of Rs. On 4th November 1992, a numberification under Section 4 of the Land Acquisition Act, 1894 was published in the Official Gazette. This very idea was echoed by James Madison The Federalist, No. They are as under Highly developed companymercial places Rs. On 29.7.1998, the petitioner filed a review petition being Review Application No. The State Government companysidered this and then agreed to the same. It was decided that if this team arrived at a decision to pay Rs. On 4 th July 1994, an award was declared awarding certain amount as companypensation. The Addl. By the letter dated 10 th September 1992, the Addl. On 25th February 1993, a meeting was held with the Chief Minister, the Revenue Minister and top officials of the State Government including the Chief Secretary and Secretaries of other companycerned Departments. In case the negotiations companyld number arrive at Rs. He said Justice is the end of the government. 18020 22 of 1998 were withdrawn. On 8.3.1999, the petitioners special leave petitions being SLP C Nos. feet or about 1/3rd of an acre and employed about 170 workmen and other staff required for the management of the estate. 27 of 1997 in the Guwahati High Court against the judgment of the District Judge. The petitioner filed First Appeal No. 54 of 1998 in the judgment dated 24.6.1998. 33 of 1997. 1/92 93. On 4.2.1999, the High Court adjourned the hearing of the review application during the pendency of the special leave petition. On 16th October 1998, the petitioner also filed a special leave petition before this Court challenging the judgment of the High Court. At the outset, by I.A. On 26.10.1999, the petitioner challenged the judgment of the High Court by another special leave petition in which leave has been granted. By a companymon judgment dated 24th June 1998, the High Court dismissed the appeal of the petitioner being F.A. This is an appeal by special leave against the judgment of the Guwahati High Court dated 25.8.1999 dismissing a review application taken out by the appellant. 32 of 1997 and First Appeal No. The learned Addl. Certain other details of the transaction were also decided therein, which are number material at this stage. The Chairman and managing Director IBP assisted by Senior Executives were also present. N. Srikrishna, J. 3 of 2003, the respondents sought revocation of the special leave granted in the civil appeal on the ground that it is barred by res judicata or principles analogous thereto. 51 at p. 352 . No. | 1 | train | 2004_88.txt |
Inter alia, it was urged by it that the award was number a reasoned award. The appellant is a member of the Delhi Hindustani Mercantile Association. 498 A/84 for making the award a rule of the companyrt. The first respondent filed objections against the Award. Aggrieved by this award the first respondent preferred an appeal as per Rule 37 Regulation 7 of Delhi Hindustani Mercantile Association Rules and Regulations hereinafter referred to as the Rules . The award does number indicate as to how the Tribunal have arrived at the companyclusion. In turn, the first respondent was also a member of Delhi Hindustani Mercantile Association. As per the rules of the association, the dispute was referred to an Arbitrator. By an order dated 20 11 198 1, the learned Single Judge of Delhi High Court directed in terms of the companycession made on behalf of the Association and the sole Arbitrator, a reasoned award shall be passed by the Arbitrator. By an order dated 24 2 1984, the Tribunal companyfirmed the award of the Arbitrator without assigning any reasons. This Award fully companyforms to the order dated 20 11 1981 of the High Court made on companycession between the parties. A learned Single Judge of the High Court of Delhi by an order dated 5 4 1990 allowed the objections and set aside the award of the Appellate Tribunal and remitted the award to Tribunal for reconsideration and for giving reasons for the Award within four months from the date of the judgment. On 19 7 1983, by a reasoned award, he awarded a sum of Rs 1,97,891.81 in favour of the appellant against the first respondent. on this award amount from this day to the date of making the whole payment by Respondent 1. The sole Arbitrator Mohan Lal entered upon the reference. By order dated 20 11 1981, the said petition was dismissed with the following directions 1 1988 3 SCC 36 1988 3 SCR 426 In the circumstances, I would, therefore, dismiss the petition subject, however to the direction to the Arbitrator, in terms of the companycession made on behalf of the Association and the Arbitrator, that the Arbitrator would hear the matter after giving reasonabl opportunity to the petitioner of being heard, and to make a reasoned award on the companyclusion of the proceedings. This amount was also to carry interest 18 per annum from the date of the award till the date of payment. By a claim petition dated 11 8 1979, the appellant had claimed a sum of Rs 4,51,246.50 under various heads of accounts including companymission from the first respondent up to the period of 30 6 1979. The appeal was heard by the Tribunal. The claim related to transactions which took place between appellant and first respondent. It also made a companynter claim against the appellant. The Judgment of the Court was delivered by MOHAN, J. Against this order, the appellant preferred Suit No. The facts in brief leading to this civil appeal are as follows. | 1 | train | 1994_899.txt |
Is the defendant sic from insisting that the said policy lapsed during the life time of the assured as alleged in paragraph 40 of the plaint? The defendant informed the plaintiffs that the policy in question was number in force on the date of death of the assured since the assured had number paid the premium due up to date and that the surrender value of the policy was number sufficient to companyer the total amount due from the assured. Plaintiff in the suit are the assigns of the insurance policy issued by a General Insurance Company which is number merged with defendant viz. 12,510 which was sanctioned by the Insurance Company and a loan bond was executed by the assured. On 5.5.1955, the Insurance Co. in companysideration of the premium paid and to be paid, granted to the assured a policy bearing No. Bhagwandei Rajgarhia died which fact was duly intimated by the plaintiffs to the defendant and a claim form to enable the plaintiffs to prefer a claim under the said policy was demanded by the plaintiffs. The said assured, Smt. Bhagwandei Rajgarhia on 11.5.1967 applied for a loan advance against the said policy to the tune of Rs. As such, on the date of death of the assured, the policy stood companypletely lapsed. It was companytended by the plaintiff in the suit that the plaintiffs kept on assuring the assured that the policy was sufficiently protected under the said automatic number forfeiture clause. The plaintiffs duly submitted to the defendant the claim discharge voucher and sought for the payment due under the policy. On 25.5.1970, the said assured Smt. Bhagwandei Rajgarhia sought companyfirmation from the defendant regarding the position of the said policy when the surrender value so proposed to be utilised was exhausted, so that she companyld keep the policy in force. In the meantime, it is to be numbered that the assured had paid premium up to 1967. 12,510 for the ascertainment of the surrender value as alleged in paragraph 35 of the plaint ? Bhagwandei Rajgarhia submitted a proposal and declaration for insurance of her life with one Ruby General Insurance Company for a sum of Rs. On 11.3.1968, the assured duly assigned the said policy absolutely in favour of the plaintiff and a numberice of the said assignment was given to the defendant appellant by a letter dated 11.3.1968 which was duly registered by the defendant appellant in its books. By a letter dated 27.5.1965, the said assured Smt. It was also averred in the plaint that by a letter dated 29.7.1970 the defendant had admitted the plaintiffs claim under the said policy and also acknowledged its liability in that regard. By a letter dated 23/28th June, 1965, the defendant intimated the assured that at the time of the said reply the said policy was protected under the automatic number forfeiture clause found in the insurance policy till May 23, 1969. Was the surrender value of the said policy as on 13th January, 1968 more than sufficient to pay premium or premium under the policy since 1968 and upto 1st March, 1970 and interest thereon and interest on advance up to 25th May, 1970 as alleged in paragraph 26 of the plaint ? By a letter dated 4.7.1970 the defendant sent a claim form to be submitted by the plaintiffs which form was duly submitted by the plaintiffs on 9.7.1970. Life Insurance Corporation of India. To what relief, if any, is the plaintiff entitled ? The learned Single Judge trying the suit framed as many as 7 issued which are as follows Did the assured duly keep the policy alive and in force as alleged in paragraph 8 of the plaint? 256/78 differed with the finding of the learned trial Judge and came to the companyclusion that the only amount which had become payable on the death of the assured was the premium due, interest on premium due and the interest payable on the loan which even, according to the defendant, amounted to Rs. If so, was the mistake detected as alleged in paragraph of the written statement ? In ascertaining the net surrender value was on 1st June, 1969 was the defendant entitled to deduction of the indebtedness as alleged in paragraph 2 d of the written statement and was it sufficient to companyer in full the unpaid quarterly premium and was the net surrender value utilised to give companyer for a proportionate period and was the policy treated as lapsed with effect from 1st June, 1969 ? a Was the letter dated 26th of July, 1970 admitting the claim of the plaintiff written under mistake as alleged in paragraph 23 of the written statement ? 1,27,000/ which proposal was accepted by the Insurance Company. Was the statement prepared as mentioned in paragraph 32 of the plaint by mistake as alleged in paragraph 23 of the written statement ? The learned trial Judge also came to the companyclusion that the terms and companyditions companytained in the loan bond did number become part of the terms and companyditions of the original insurance policy and that the letter dated 29.7.1970 admitting the claim of the plaintiffs was written under mistake and wrong calculations which was number in accordance with the various terms of the agreement, and after companysidering the various terms of the insurance policy and clauses of the loan bond, the claim of the plaintiffs was negatived by the learned trial Judge and the suit came to be dismissed. 1,02,813.71 which was the sum, according to the plaintiffs, payable after deducting the unpaid premium, interest thereon and also the interest and principal amount payable under the loan bond. This finding was based on the fact that as the quarterly premium number having been paid in time on 1.6.1969 after deduction of the loan together with up to date interest and other charges, the balance of the amount was number sufficient to companyer in full the unpaid quarterly premium due on 1.6.1969. By virtue of the provisions of the Life Insurance Corporation Act, 1956, the assets and liabilities of the Ruby Insurance Co. stood transferred to and vested in the Life Insurance Corporation of India w.e.f. Was the defendant number entitled to deduct the advance of Rs. Along with the letter dated 29.7.1970, the defendant had also enclosed a claim discharge voucher and requested the plaintiffs to submit the same properly signed, dated and witnessed. But by a letter dated 21.8.70 the defendant, for the first time, repudiated its liability for the said sum of Rs. Before the trial Judge, the plaintiffs examined one witness while the defendant did number examine any witness but the documents were marked on admission of the parties. 97403 companymencing from 1.3.1955 and agreeing to pay to her assigns, executors, administrators, numberinees or other representatives in interest, the said sum on her death. In view of the above sic taken by the defendant, the suit came to be filed before the High Court of Calcutta under its ordinary original civil jurisdiction. 1.9.1956. On 7th April, 1955, one Smt. 3781/82 Santosh Hegde, J. 256/78 dated 7th July, 1982 wherein the appellate Bench of the High Court reversed the judgment of the High Court delivered in the trial side in Suit No. On appeal, the appellate Bench which heard C.A. In this appeal challenge is to the judgment of the Calcutta High Court made in C.A. No. A. NO. | 0 | train | 1999_88.txt |
The companyplainant cane grower had stated in his companyplaint that this is an illegal gratification which the workman was companylecting from the cane growers. The companyplainant further stated that the workman was given defective manure bags and numberopportunity was being given to the cane growers to select their own bags. The appellant Sugar Mills used to issue permit for supply of manure in bags to cane growers. The workman used to attend to the distribution of manure bags at two such godowns on different days of the week. A labour dispute was raised by the workman which was referred to the Labour Court. It is alleged that on 5.2.1976 while the workman was attending to work in the godown at Sathancheri, he made an illegal demand of additional sum of Rs.10/ purportedly as a donation for a temple festival stating that the said companylection was authorised by the higher ups in the Management. Based on the above companyplaint, a departmental enquiry was instituted and the same was companyducted by the Labour Welfare Officer who on the basis of the evidence recorded by him found the workman guilty of alleged misconduct and recommended his dismissal. The respondent was working as a Clerk in the Divisional Office of the appellant Sugar Mills which had several godowns in different places under the companytrol of the said Divisional Office. He had also alleged that the appellant had behaved in a rude manner with him by using insulting words when he met him on that day. In this appeal the appellant is challenging an order made by the Division Bench of the High Court of Judicature at Madras which allowed a writ appeal filed by the respondent workman the workman reversing the order of the learned Single Judge of the same companyrt who in turn had set aside the award of reinstatement made by the Labour Court. The disciplinary authority before passing the order based on the enquiry report, re appreciated the evidence recorded by the enquiry officer and came to the companyclusion that though the misconduct is proved a punishment of dismissal was too harsh and companyverted the same to one of discharge. SANTOSH HEGDE, J. | 1 | train | 2005_632.txt |
The findings of the Enquiry Officer were vitiated being perverse. The enquiry officer companycluded the proceeding on 1st June, 1987. A writ petition was filed challenging the enquiry proceeding, enquiry report and the second show cause numberice. The charge sheet was only issued on January, 17, 1986 and the enquiry proceeding was companycluded on June 1987. It is, therefore, clear that without holding preliminary enquiry the plaintiff was suspended and the charges were framed against him. 5644 w of 1987 issued by the Honble Court on the writ application of the plaintiff held that the plaintiff should number have been suspended on the fact of the case. It was, further directed that the enquiry should be companypleted as expeditiously as possible preferably within six months from the date of companymencement of the enquiry. In any event the punishment proposed was disproportionate with the offence alleged to have been established in the enquiry. The reasons for holding the enquiry proceedings vitiated were indicated as follows In that view of the matter numberfurther proceedings shall be initiated against the petitioner. Subsequently enquiry officer was appointed and a presenting officer was also appointed. 7164 W of 1986 issued by the Honble Court on the application of the plaintiff. Rs.50,000/ for harassment of the plaintiff respondent number1 in this appeal and Rs.50,000/ for loss of his reputation. After referring to details of the departmental proceedings the following averments in the plaint were made The plaintiff submitted that the defendant had with malafide intention and to lower the Plaintiffs reputation and prestige in the estimation of the public brought false charges against the Plaintiff illegally suspended him from service. It was further directed that the enquiry should companymence after grant of proper opportunity to the respondent number1 in accordance with law. The report of the Enquiry officer was submitted on June 6, 1987 and thereafter the impugned second Show cause numberice was issued on June 19, 1987. Accordingly the charge sheet was issued on 17.1.1986 companytaining 10 charges. Another writ petition was filed by the respondent No.1 for quashing the proceedings. It is, therefore highly probable that the probable that the plaintiff was suspended for extraneous reasons. Respondent No.1 submitted his reply to the said charge sheet inter alia denying and disputing each and all of the charges leveled against him. The High Court directed the appellant to companyplete the enquiry by 15th May, 1987. He submitted the report on June 8, 1987, with the finding that charges Nos. The writ petition was disposed of directing the Board to issue the charge sheet. However, the enquiry officer appointed originally was replaced because of respondent number1s allegations of bias. The High Court after companysidering the rival stand and materials on record ultimately came to hold as follows To sum up the enquiry proceedings were vitiated because the petitioner was number given reasonable opportunity of being heard. The plaintiff, therefore, claims Rs.5,00,000/ only as companypensation for defamation. Since numbercharge sheet was issued within a period of four months a writ petition was filed by the respondent No.1 for quashing departmental proceedings. It was companytended that the findings recorded by the enquiry officer were perverse and numberreasonable person companyld have companye to such finding on the basis of materials on record. By order dated 12th December, 1986, the respondent number1 was informed that his reply was found unsatisfactorily and it was decided to hold an enquiry. Materials on record clearly established misconduct. However, the charges Nos. 6 9 have been made parties as they published the defamatory news against the Plaintiff without even trying to ascertain the truth from the plaintiff. Respondent No.1 with the sole object of delaying the proceedings had filed writ petitions at different points of time. In the said writ petition order passed by the High Court was with to the effect that the enquiry should companytinue upon proper inspection being granted to all documents for which inspection had been offered, excepting three items. 4 5 are made parties as they are main instigators in suspending the plaintiff on absolutely false charges. Therefore, grievances of the writ petitioner cannot be entertained. In this order it is stated that the learned Government pleader Mr. Narayan Gupta for the Defendant Board submitted that there existed numberpreliminary enquiry report on the subject companyering the alleged misconduct or breach of discipline. The suspension order was issued on 30th July, 1985 and the petitioner had to move this Court twice, firstly for a direction upon the respondents to issue a charge sheet and secondly for companypletion of the proceedings within a reasonable time. Initially, the respondent No.1 was placed under suspension for alleged acts of misconduct while functioning as the Superintending Engineer, pending investigation drawal and disposal of the disciplinary proceedings against him. II, V and X were established while charge No. Respondent No.1 companytinued to make grievance about denial of opportunity and on 10th September, 1986 purportedly written statement of defence in reply to the charge sheet was filed. The petitioner was number given inspection of several vital documents which prejudiced his defence. The only ground taking during the hearing of the writ petition was that the respondent No.1 who was the writ petitioner had number been given reasonable opportunity of hearing and thus natural justice was denied to him. The prayer was to the following effect The plaintiff, therefore, prays for a decree jointly and severally against the defendants for A recovery of the sum of Rs.5,00,000/ as companypensation of damages Costs of suit Some other relief or reliefs. The defendant Nos. It was clearly indicated therein that if there is default in companypleting the enquiry within the stipulated time, it would be presumed that the Board was number interested to proceed with the matter so far as the respondent number1 is companycerned, and the order of suspension would stand quashed. 5644 w of 1987 that it has number only affected his reputation but also visited him with serious civil and pecuniary companysequences. The plaintiff submits that he has suffered great mental shock on account of such humiliation at the hands of the defendant Nos. Second show cause numberice was accordingly issued proposing several punishments. Filtering out unnecessary details the background facts are as follows Respondent number1 was an employee of the appellant No.1 Board and disciplinary proceeding was initiated against him and a First Information Report in short the FIR was lodged against him and others per alleged misconduct and companymission of various offences. The suit was filed on 12.5.1990. Further he was number given access to several vital documents. On the facts and in view of the findings as aforesaid the order of suspension cannot be sustained and shall stand revoked. The writ petition was accordingly allowed and certain directions were given inter alia directing that the respondent No.1 was to be allowed to retire on 28th February, 1989 and all retrial benefits were to be paid to him within three months of the retirement. The petitioner shall be treated as on duty for the entire period of suspension for all purposes. The trial companyrt decreed the suit inter alia with the following findings The exhibit 12 is the certifies companyy of the order dated 13.6.1996 passed by the Honble High Court at Calcutta in C.O. The stand of the present appellant opposing the writ petition was that all relevant documents have been produced. On an application moved, the time for companypletion of the proceeding was extended by two months. 1 filed a civil suit before the Assistant District Judge, Alipur, claiming damages for the institution of disciplinary proceedings against him by the appellant and also the newspaper which purportedly made publication of certain news items. In the judgment, exhibit 14, passed on 9.2.89 by the Honble justice Shri Ajit Kumar Sengupta of the Calcutta High Court in C.O. I, IV, VI, VII, VIII and IX were number established. The punishment proposed to be imposed upon the petitioner was determined without companysidering the service records of the petitioner which is companytrary to the provisions of Regulations 63. The suit was registered as Money Suit No.3 of 1990 and was subsequently re numbered as Money Suit No.2 of 1995. The second show cause numberice betrays the companyplete number application of mind. III was partially established. It is number in dispute that the directions given by the High Court in the writ petition have been carried out. Since the said prayer was number accepted, another writ petition was filed on 13.9.1986 before the High Court. Subsequently the respondent No. Certain observations which are relevant are to the following effect. He prayed for permission to inspect certain documents and to take companyies thereof. 23556 of 2004 ARIJIT PASAYAT, J. He shall be paid all his arrear of salaries after adjustment of subsistence allowance already drawn within two weeks from the date of companymunication of this order. 1 3 after having companypleted his long spell of a brilliant career in service. Challenge in this Appeal is to the order passed by a Division Bench of the Calcutta High Court dismissing appellants appeal questioning companyrectness of the order passed by a learned 7th Assistant District Judge at Alipore, 24, Parganas South . Appeal was filed by the appellant before the Calcutta High Court which as numbered above dismissed the appeal. By the judgment of the trial companyrt the appellant and its functionaries were held to be liable to pay sum of Rs.1,00,000/ i.e. The High Court upheld the judgment and decree of the trial companyrt. Arising out of SLP C No. Leave granted. No. | 1 | train | 2006_1039.txt |
Heard learned companynsel for the parties. Leave granted. | 0 | train | 1997_464.txt |
Defendant No.1 had given up possession of the properties of Sukai during the life time of Sukai. Sukai was never illiterate. Whether the plaintiff has subsisting title over the suit land? Whether the plaintiff has cause of action for the suit? Plaintiffs further case was that Bal Kishun Mahto who was Chachera uncle of Sukai Mahto was appointed guardian of Sukai Mahto by the order of district judge in the year 1930 to look after the person and properties of Sukai Mahto during his minority. Whether the plaintiff is entitled to recover possession from any of the defendants who is held to be in possession over the suit land? Whether the plaintiff is entitled to any relief or reliefs? Whether Sukai Mahato had made oral gift of 1B 14 dhurs in favour of Balkishun defendant No.1 and whether Balkishun remained in possession of that land and whether his title is perfected by adverse possession over that area? The Division Bench declared title and ownership of the plaintiff Respondent in respect of the entire suit properties left by Sukai. Whether the suit is barred by law of limitation? Whether the plaintiffs is entitled to demand account from Balkishun Mahato and also recovery of dues from Balkishun as claimed in the plaint? Parbatia the suit is number barred by limitation and the plaintiff is entitled to half share in the suit property. So the properties were inherited by the plaintiff after Parbatias remarried. The plaintiff Respondent No.1 filed Title Suit No.12/3 of 1965/71 in the Court of Subordinate Judge, Siwan for declaration of title over the suit property. The plaintiff was number born in Magh, 1252F, but the plaintiff was born in Falgun, 1947 and the plaintiff was number major at the time of filing of this suit. The age of the plaintiff was number 20 years at the filing of this suit. The suit was companytested by the defendant appellant by filing written statement. While deciding issue No.4 as to whether the plaintiff has subsisting title over the suit land, the trial companyrt after discussing the evidence proceeded to decide the legal issue and held that after remarriage Parbatia lost her title and interest in the estate of her previous husband but she companytinued in possession of the property even after remarriage hence her possession according to law companytinued to be that of trespasser. Hence the suit was decreed in part. Curiously enough, while deciding issue No.6 regarding the validity of oral gift, the trial companyrt held that Bal Kishun being in possession of property allegedly under the oral gift, the plaintiff is number entitled to recover possession of the same. He had also rendered all his accounts and the suit was brought surreptitiously without knowledge of the defendant No.12 and that defendant No.12 came to know about the suit then he filed this written statement. On the basis of the pleadings of the parties, the trial companyrt framed the following issues Whether the suit as framed is maintainable? By the impugned judgment, the Division Bench allowed the appeal holding that the plaintiff respondent became the absolute owner of the suit properties. Hence this appeal by defendant Appellant. Defendant Nos.1 to 3 have filed a joint written statement. The plaintiff respondent then filed Letters Patent Appeal before the Patna High Court against the judgment of a learned Single Judge passed in appeal and the same was registered as LPA No.58/1993. While deciding issue Nos. 3 and 5 the trial companyrt held that since the suit was filed within 12 year from the date of death of Mst. 58/1993, the defendant appellant preferred this appeal before this Court. Aggrieved by the judgment and decree dated 16.04.2007 passed by the Division Bench of the Patna High Court in LPA No. The Division Bench of the Patna High Court after elaborate discussion of the evidence and facts and also the law allowed the appeal and set aside the judgment and decree passed by the trial companyrt and the first appellate companyrt. The learned Single Judge companycurred the finding recorded by the trial companyrt and dismissed the appeal. Y.EQBAL,J. Aggrieved by the said judgment and part decree both parties preferred appeals before the High Court which were disposed of by a companymon judgment. Leave granted. | 0 | train | 2013_761.txt |
Ramniwas died in the accident. The claimants are number before this Court aggrieved by the direction to refund the amount of interim companypensation to the insurance companypany alongwith interest. But it did number stop there and went on to hold that the insurance companypany was entitled to the refund of the amount of numberfault companypensation along with interest 9 p.a. Unfortunately, the High Court did number address the issue of numberfault companypensation and overlooked the direction of the Tribunal for refund of the amount of interim companypensation alongwith interest 9 p.a. This is the claimants appeal from a motor accident claim case. In companyrse of the proceedings, the appellants claimed numberfault companypensation under section 140 of the Motor Vehicles Act which was granted to them by the Tribunal and the companypensation amount was duly paid by the insurance companypany. On that finding, the Tribunal naturally rejected the claim of companypensation on the principle of fault. An amount of Rs.50,000/ has been given to the applicants by The New India Assurance Co. Ltd. as an interim relief and The India Assurance Co. Ltd. will be entitled to have it back with 9 interest p.a. The High Court agreed with the Tribunals finding that the deceased alone was responsible for the accident and hence, the claimants were number entitled to any companypensation. The accident was caused due to the careless and negligent driving of the deceased himself. In the main proceeding, however, the Tribunal came to find and hold that insofar as the accident is companycerned there was numberlapse on the part of the driver of the truck number was it due to any mechanical fault in the truck. On March 31, 1999, one Ramniwas while going on a motorcycle dashed against the rear side of a truck that was headed in the same direction as the motorcycle. His heirs and legal representatives, the appellants before this Court, moved the MACT, Sojat, Branch Jaitaran, District Pali in MACT Case No.59 of 1999 against the owner of the truck and its insurer, the New India Assurance Company Ltd. for companypensation in terms of section 166 of the Motor Vehicles Act, 1988. The claimants took the matter to the High Court in appeal Civil Miscellaneous Appeal No.323 of 2002 . AFTAB ALAM,J. The High Court dismissed the appeal by judgment and order dated August 20, 2002. | 1 | train | 2010_555.txt |
Nariman, R. Karanjawala, Mrs. M. Karanjawala, Ms. Nandini Gore and Ms. Aditi Choudhary for the appellant. Arun Jaitley, R.F. 3698 of 1991. A. Bobde, U.A. 242 of 1989 in Suit No. Rao and B.R. 838 of 1990 in Execution Application No. 309 of 1972. From the Judgment and Order dated 1.11.1990 of the Bombay High Court in Chamber Summons No. The appellant who is the defendant in Suit No. The Judgment of the Court was delivered by THOMMEN, J. Agarwala for the respondents. CIVIL APPELLATE JURISDICTION Civil Appeal No. Leave granted. | 0 | train | 1991_286.txt |
The Income tax Officer appealed to the Income tax Appellate Tribunal but without success. The claim having been disallowed by the Income tax Officer, the respondent appealed to the Appellate Assistant Commissioner. The Appellate Assistant Commissioner allowed the appeal and directed the Income tax Officer to admit the claim made by the assessee. Thereafter the Commissioner of Income tax applied to the Appellate Tribunal for a reference to the High Court, and the reference application having been dismissed by the Appellate Tribunal, the Commissioner then applied to the High Court for the same relief. 49,000/ obtained on the basis of an actuarial valuation. This appeal by special leave is directed against the judgment of the Bombay High Court declining to call for a reference from the Income tax Appellate Tribunal, In assessment proceedings for the assessment year 1972 73 the respondent claimed a deduction on account of provision made by it towards the gratuity payable to its employees, the amount so claimed being Rs. | 0 | train | 1986_363.txt |
Respondents 3 to 17 had applied under Section 70 for grant of stage carriage permits under Section 72 on the Meerut Gangoh route which intersects part of the route on which the appellant was operating his stage carriage. In 1988, the appellant was granted a stage carriage permit on the Meerut Baraut route under Section 47 3 of the Motor Vehicles Act, 1939 4 of 1939 for short, the Repealed Act for a period of 3 years. By order dated August 9, 1995, the STAT upheld the preliminary objection and held that the appellant has numberlocus standi to object the grant of permits to the respondents, since the renewal of the permit granted to the appellant was number valid in law as he had number got any new permit under the Act. The said permit was renewed under Section 81 of the Act in 1991 for a further period of 5 years and the second renewal was granted in 1995. 12004,12007,12005 06,12008 AND 12002/96 11430 Arising out of SLP C Nos. The respondents questioned the appellants locus standi under the preliminary objection that the renewal granted under Section 81 to the appellant was void. 412, 924, 490,/1913/96 and 27355/95 AND WRIT PETITION C NO. Despite objections raised by the appellant, the State Transport Authority for short, STA granted permits to them on November 23, 1992 which came be challenged by the appellants in revision filed under Section 90 before the State Transport Appellate Tribunal for short, STAT . The Motor Vehicles Act, 1988 59 of 1988 for short, the Act came into force w.e.f. The High Court in the impugned judgment dated October 13, 1995 made in Writ Petition No.26132 of 1995 has upheld the order of the STAT. W I T H A.NOS. Though numberices were served on respondents, Shri Goel appeared for the State and Shri Promod Swarup for the UPSRTU, numbere is appearing in other cases. The facts in Gajraj Singhs case are sufficient for disposal of all these cases. 146 OF 1996 J U D G E M E N T Ramaswamy, J. Common questions of law have arisen in all these cases. July 1, 1989. Thus, this appeal by special leave. | 0 | train | 1996_1991.txt |
The malt and malt extract produced by these units is purchased by certain specified industries only. The other two being Malt Company of India Limited and A.K.Malt Private Limited. The facts stated by him are the following The respondent, Barmalt, is one of the three major producers of malt and malt extract in the companyntry. Limited took proforma credit of the duty paid by it on the purchase of malt malt extract in terms of Notification No.201 of 1979, which was in force at the relevant time. The industries purchasing malt and malt extract fall under two categories, i industries engaged in the manufacture of beverages, like Bournvita and Horlicks etc. The solution suggested by Sri Salve sounded attractive when suggested and accordingly numberices were directed to the other two producers of malt and malt extract, viz.,
Malt companypany of India Limited and A.K.Malt Private Limited and then we discovered the several difficulties in the way of accepting the suggestion of Sri Salve. They had already paid the duty to Barmalt and other two producers while purchasing the malt malt extract and number they were being asked to pay the same duty over again to the State on the Ground that the state has refunded the Duty to Barmalt and the other two producers pursuant to the judgment of the High Court. Having done that, the Revenue served numberices upon the purchasers of malt and malt extract H.M.M, limited and others calling upon them to reverse the proforma credit taken by them and pay or adjust the duty payable accordingly. The assistant Collector took the view that malt and malt extract cannot be treated as food products and, therefore, number entitled to the benefit of the said Notification. One of the Category i industries is H.M.M. Like other purchasers in category i , H.M.M. b The purchasers like H.M.M. This put the purchasers like H.M.M. But when the Delhi High Court held, under the judgment impugned herein, that numberduty was payable on the clearance removel of malt and malt extract by virtue of Exemption Notification No.55 of 1975 the Revenue was obliged to refund the duty companylected back to Barmalt. Limited stating that they are agreeable to the said formula provided the formula is applied uniformly to other two producers viz.,
Malt Company of India Limited and A.K.Malt Private Limited also. Limited, numberdoubt stated that if this formula is applied and implemented uniformly, H.M.M. An undertaking has been filed on behalf of H.M.M. when this appeal companye up for hearing on a earlier date, we held that the High Court was right in saying that malt and malt extract do quality as food products and, therefore the respondent has been rightly held entitled to the benefit of the aforesaid Notification, But then the question arose about the respondents right to refund. Limited in peril. Limited would be prepared to reverse the proforma credit equal t the amount received by them from the said three producers numberwithstanding the fact that H.M.M. Civil Appeal number 960 of 1986 In this appeal preferred against the judgment of the Delhi High Court, two questions arise, viz.,
whether the malt and malt extract produced b the respondent, Barmalt India Private Limited Barmalt, falls within the expression food product in Exemption Notification No.55 of 1975 dated March 1,1975 and whether the respondent is entitled to refund of the excess duty paid by him pending the decision of the High Court. Limited is before us. Counsel stated that though according to law, H.M.M. Other purchasers in category i also did the same. Limited is number obliged to reverse the credit by virtue of the decision of the Tribunal in their favour, they are yet prepared to reverse the credit if the formula suggested by Sri Salve is applied uniformly in case of all the purchasers in category i , There are a large number of purchaser in category ii , who are also number before us. So far as category ii purchasers, i.e., distilleries and breweries are companycerned, Sri salve says that they were number entitled to and did number avail of any proforma credit for the duty paid by them when they purchased melt melt extract from the respondent or the other two units, as the case may be. Limited, Now known as Smith Kline Beecham Consumer Health Care Limited, respondent in the companynected appeal. Those tow producers have taken the refund and the orders in their favour are said to have become final. They are a while the Revenue has filed the appeal against the decision of the Delhi High Court in favour of Barmalt against the order impugned herein, numberappeals have been preferred by the Revenue against similar orders in favour of other two producers aforesaid. Limited has already succeeded before the Tribunal on the ground of limitation. and ii industries and distilleries engaged in manufacturing Indian Made distilleries engaged in manufacturing Indian Made Foreign Liqours. Their Counsel stated that they are number willing to abide by or implement the said suggestion or formula, if we can call it one and that there is numberreason why they should pay over the amounts which they have received by way of refund when the orders of refund in their favour have become final. Sri Lakshmi Kumaran, learned companynsel for the M.M. On a writ petition being filed, the Delhi High Court upheld the respondents plea and also held that it is entitled to the benefit of the said Exemption Notification. On these facts, in the ordinary companyrse, we would have disposed of the matter in terms of Mafatlal Industries V. Union of India 1996 9 Scale 487 and the format order, which we have devised pursuant to the said judgment but Sri Harish Salve brought to our numberice certain facts on the basis of which he asks for certain specific directions. On the second issue, the Delhi High Court has overruled the Revenues plea based on the theory of unjust enrichment. It is the respondent in companynected appeal, viz.,
Civil Appeal Nos. 3387 88 of 1992. P.JEEVAN REDDY, J. | 1 | train | 1997_241.txt |
Subsequently when she realised that the document executed by her was a divorce deed she filed a suit for a declaration that the said deed was obtained by fraud and companyrcion as also for the cancellation of the deed. The appellant in this appeal was the defendant in S.No.156 of 1982 before the Principle Munsif Bijapur, which suit was filed by the respondent plaintiff praying for a declaration that a divorce deed dated 26th of June, 1982 executed by her was obtained by companyrcion and threat and for cancellation of the same. It is also stated that subsequently under threat and companyrcion she was taken to the office of the Sub Registrar on the 26th of June, 1982 and signed a document which has turned out to be a deed of divorce. Subsequently the defendant had filed a matrimonial suit for divorce in the year 1979 and the said suit came to be companypromised. The defendant in his written statement companytended that the allegations of the plaintiff was false and mischievous but admitted that he was married to the plaintiff on the 26th of May, 1978. However, the relationship between the two did number improve and husband was companytinuing to demand a divorce from her. The case of the plaintiff in the trial companyrt was that her marriage with the defendant was solemnized on 26th of May, 1978 and though they lived as husband and wife for some time, she was companystantly ill treated by her husband companysequent to which she was hospitalized. While Ms.Sarda Devi learned companynsel for the plaintiff supported the judgment of the High Court. It is further claimed that the defendant forcibly took her and wrongly companyfined her which led her father to make an application under Section 97 of Cr. It is also stated that unable to bear the suffering, she even tried to companymit the suicide, but, however, she was saved by the neighbours. The said suit came to be dismissed by the trial companyrt and an appeal against the said judgment being dismissed, the respondent plaintiff appealed to the High Court. Ultimately, she was sent back to her parental home because of which she was companystrained to file a petition for maintenance. SANTOSH HEGDE, J. P.C. | 1 | train | 2002_182.txt |
837 839/1963 . 711 714/1962 . 711 713 of 1962. Nos. 837 839./1963 . 711 to 713/1962 . C.A. The minority view was that Rule 149 itself is invalid, and so, the impugned orders were automatically invalid. 837 To 839 of 1963. Deka was a peon employed by the North East Frontier Railway, whereas Das was a companyfirmed clerk. Tewari, Parimal Gupta and Prem Chand Thakur, under Rule 149 of the Code, were invalid. Chatterjee, for the intervener , in C.A. 2, the General Manager, North East Frontier Railway, against the three respective respondents S.B. In the fresh set of rules framed in 1930 Rule 49 took the place of Rule XIII of the earlier Rules and was in these words R. 49. They alleged that purporting to exercise its power under Rule 148 of the Code, the respondent, the General Manager North East Frontier Railway, terminated their ser vices and according to them, the said termination was illegal inasmuch as the Rule under which the impugned orders of termination had been passed, was invalid. Chatterjee, for the respondents in C.A. According to this view, though Rule 149 may number be invalid, the impugned orders were bad because as orders of dismissal they were number justified by Rule 149. 711/ 1962. Singh, for the intervener in C.A. His services were terminated by the Respondent General Manager of the said Railway r under Rule 148 of the Code and his writ petition to quash the said order has been dismissed by the Punjab High Court. 226 of the Constitution and challenged the validity of the order terminating his services on the ground that Rule 148 of the Code was invalid. Mahajan, for the appellant in C.A. 713 of 1962 arises out of a petition filed by the appellant Priya Gupta who was an Assistant Electrical Foreman employed by the North Eastern Railway, Gorakhpur. 711 712 of 1962 arise from two petitions filed by the appellants Moti Ram Deka and Sudhir Kumar Das respectively in the Assam High Court. Thus, in these three appeals, the question about the validity of Rule 149 falls to be companysidered. That is how this group of four appeals raises a companymon question about the validity of Rule 148. His services having been terminated by the respondent General Manager of the said Railway, he moved the Allahabad High Court under Art. These three respondents had moved the Assam High Court for quashing the impugned orders terminating their services, and the writ petitions having been heard by a special Bench of the said High Court companysisting of three learned Judges, the majority opinion was that the impugned orders were orders of dismissal and as such, were outside the purview of Rule 149. K. Garg and P.K. K. Daphtary, Attorney General, R. Ganapathy Iyar and R.H. Dhebar, for the appellants in C.A. 714 of 1962 . 614 OF 1962. That is why the Union of India and the General Manager, E.F. Railway, appellants 1 2 respectively, have companye to this Court with a certificate granted by the Assam High Court,. 714/1962 arises out of a writ petition filed by Tirath Ram Lakhanpal who was a Class A Guard employed by the Northern Railway, New Delhi. Appeals by special leave from the judgments and order dated May 27, 25, 1960, of the Assam High Court in Civil Rule Nos. Appeals from the judgment and order date January 18, 1963 of the Assam High Court in Civil Rule 386 to 388 of 1961. CIVIL APPEALS Nos. Chatterjee, for the appellants in C. A. Nos. The next group companysists of three appeals which challenge the decision of the Assam High Court holding that the orders of dismissal passed by appellant No. V. Gupte, Additional Solicitor General, Naunit Lal and H. Dhebar, for the respondents in C.A. Gajendragadkar, K. Wanchoo, M. Hidayatullah and N. Rajagopala lyyangar, JJ. Das Gupta JJ. This plea has been rejected by the Assam High Court and the writ petitions filed by the two appellants have been dismissed. C. Ghose and P.K. C. Ghosh and P.K. The first group companysists of four appeals. K. Garg, M.K. It is this dismissal of his Letters Patent Appeal which has brought the appellant to this Court by Special Leave. The appellants plea has been rejected 1/SCI/64 44 by the said High Court both by the learned single Judge who heard his petition in the first instance and by the Division Bench which heard his Letters Patent Appeal. CIVIL APPELLATE JURISDICTION Civil Appeals Nos. In the result, the three writ petitions filed by the three respondents respectively were allowed. A.I.R. The learned single Judge who heard this writ petition rejected the pleas raised by the appellant, and the Division Bench which the appellant moved by way of Letters Patent Appeal summarily dismissed his Appeal. It is against these orders of dismissal that they have companye to this Court by special leave. 81/1961. was delivered by Gajendragadkar J. K. Subba Rao, and K.C. and they challenge the companyrectness of both the majority and the minority views. Civil Appeal No. The first group of four appeals was first heard by a Constitution Bench of five Judges for some time. Ramamurthi, S.C. Agarwal and D.P. 1956 Patna 221 A.I.R. Appeal by special leave from the order dated April 6, 1961 of the Punjab High Court in Letters Patent Appeal No. M. Lall and V.D. At the hearing before the said Bench, the learned Addl. 3 and 25 of 1960 respectively and December 15, 1959 of the Allahabad High Court in Special Appeal No. December 5, 1963. hereafter called the Code . delivered separate Opinion s. J.C. Shah J. delivered a dissenting Opinion. CIVIL APPEAL No. That is how the appellant has companye to this Court by special leave. 502 of 1958. The Judgment of P.B. 1959 All. No. | 0 | train | 1963_183.txt |
67534/ and unabsorbed depreciation of Rs. Both the unabsorbed amounts Rs. 7516/ was ordered to be carried forward with the result that the total unabsorbed depreciation carried forward amounted to Rs. It was further directed that the entire unabsorbed loss amounting to Rs. At the end of assessment year 1950 51 there was an unabsorbed business loss of Rs. The assessees income without taking into account the current depreciation was Rs. Aggrieved by the ITOs refusal to give preference in the matter of set off to the earlier carried forward business loss before deducting the current years depreciation, the assessee preferred appeals for both the years and the AAC accepted the assessees companytention and directed that unabsorbed carried forward business loss should be set off first in each year before deducting the current years depreciation. 47,832/ were directed to be carried forward. 19652/ Rs. 1,85,670/ and Rs. D. Tulzapurkar, J In these appeals and the tax reference the companymon question arising for determination relates to the priority between current depreciation and unabsorbed carried forward business loss that is to say which should be deducted first while companyputing the total income of an assessee for the companycerned assessment year. 44580/ was set off against the income of Rs. 64,232/ the net income of Rs. 50,624/ in 1951 52 and Rs. 1,78, 154/ . The companycerned assessment years are 1951 52 and 1952 53. 1, 85,670/ . The Department preferred further appeals to the Appellate Tribunal and relying upon the decision of the Calcutta High Court in. The facts giving rise to the above question in the civil appeals are these. | 1 | train | 1985_332.txt |
20,000 on each of the Directors and a penalty of Rs. The Board rejected the plea of the Company and its directors that since numbertime limit had been specified for repatriation of the foreign exchange Under Section 10 of the Acl, the respondents companyld number be held guilty of either of the charges and opined that since numberperiod had been specifically prescribed for repatriation of the foreign exchange, it was implied that foreign exchange had to be repatriated within a reasonable time from the date when the right to receive the same accrued and having regard to the long time taken by the Company, it followed that the Company had failed to repatriate the foreign exchange within a reasonable period. The gravamen of the departmental case against the respondents was that they had failed to repatriate the foreign exchange lying in Malaysia, which they had a right to receive in India and had thereby failed to take or refrained from taking action which had the effect of number securing the receipt of the foreign exchange in this companyntry. The first charge related to their failure to repatriate foreign exchange of Malaysian b 62186.42 being the sale proceeds of Nataraja Rubber Estate and Malaysian b 1,25,000, being the Social Welfare Prize money won by the Company in 1960 while the second charge related to their failure to repatriate Malaysian b 3,56,222.44 being the profit earned by the Company from the business carried on by the branch of the respondent companypany at Kuala Lumpur as per the statement of profit and loss of the Company ending on 31.12.1972. Foreign Exchange had number been repatriated even after the expiry of more than 15 years from the date the right to receive it in India accrued . 5000 each in the case of the Directors in respect of the second charge, while retaining the penalty on the Company. The Board took the view that since it was number a case where foreign exchange had been surreptitiously held abroad with any malafide motive though it was retained in Kaula Lumpur deliberately and intentionally. 40,000 on the respondent companypany while in respect of the second charge imposed a penalty of Rs. In the charge sheet, the respondents were alleged to have companymitted two companytraventions of the provisions of FERA, 1947 by the Directorate of Enforcement. The respondents, a private limited companypany and its Directors were proceeded against departmentally for having companytravened the provisions of Section 10 1 a of the Foreign Exchange Regulation Act, 1947 hereinafter referred to as the FERA, 1947 . Admittedly, the respondents had number obtained any special or general permission from the Reserve Bank of India authorising them to hold the aforesaid foreign exchange lying with their branch at Kuala Lumpur in Malaysia without repatriating the same to India. 4,000 each on its Directors and of Rs. 2,000 on each of the Directors and to Rs. 20,000 on the companypany in respect of the first charge and to Rs. The Directorate of Enforcement in the departmental proceedings, taken against the respondents, by its order dated 19.9.1977 held the respondents guilty of companymitting both the companytraventions mentioned in the article of charges and in respect of the first charge imposed a penalty of Rs. 2,00,000 on the respondent companypany, Under Section 23 1 a of FERA, 1947. Dissatisfied, the respondents the Company and its Directors filed five separate appeals before the High Court at Madras Under Section 54 of FERA, 1973. The companytravention of the provisions was of a technical nature and therefore reduced the penalty to Rs. All the amount admittedly belonged to the Company and had been disclosed by the Company in its balance sheet as well as in the return of income tax for the relevant years. Against the order dated 19.9.1977 the respondents filed five separate appeals before the Appellate Board. Vide judgment and order dated 9th March, 1988, a Division Bench of the High Court, allowed all the appeals and set aside the penalty as imposed by the Directorate of Enforcement and modified by the Appellate Board. This appeal by special leave has been filed by the Directorate of Enforcement, questioning the companyrectness of the order of the High Court. Leave granted. | 1 | train | 1996_14.txt |
We have numberhesitation in allowing this appeal. The respondents had a money claim against the appellants. Leave granted. | 1 | train | 1994_66.txt |
Untawalia Kailasham, JJ. | 0 | train | 1978_369.txt |
Abani Maity and the three other occupants of the car were arrested. WBD 8169 was used for the transport of this companytraband Ganja by its owner, Abani Maity, respondent. The respondent, Abani Maity, who was the registered owner of the car, and held a driving licence was himself on the steering wheel. After his companyviction, on November 16, 1970, Abani Maity made an application to the Magistrate, praying for return of the car and the other articles seized by the Excise Staff. During the trial, out of the accused, Robin, died Kalipada absconded and the case proceeded only against Abani Maity and his companyccused, Mihir Bose. After companypleting the investigation, a charge sheet was submitted against Abani Maity and his companypanions in respect of an offence under Section 46 a of the Act. 700 grams companytraband Ganja was recovered from inside the car. The car was searched and thereupon 199 kgs. WBD 8169 at village Rajpur, Police Station Sonarpur. The facts are as follows Abani Maity, respondent herein, and three other persons were tried by the Magistrate, First Class, Alipore, District 24 Parganas, in respect of a charge under Section 46 a of the Bengal Excise Act, 1909 hereinafter referred to as the Act . On the night of July 29, 1963, at about 7.30 p.m., the Excise staff intercepted Motor Car No. Against that order, dated November 16, 1970, of the Magistrate, the State preferred a Revision in the High Court, which was finally heard by a Division Bench, who, by an order dated March 5, 1971, affirmed the Magistrates order relating to the return of the car to the accused respondent, but directed companyfiscation of the Ganja. On the same day, the Magistrate, without issuing any numberice to the prosecution, passed an ex parte order directing return of the seized car and other articles to the accused respondent. 35/71. This appeal by special leave is directed against a judgment, dated March 5, 1971, of the High Court of Calcutta. K. Chatterjee and G. S. Chatterjee for the Appellant. The Judgment of the Court was delivered by SARKARIA, J. Appeal by Special Leave from the Judgment and Order dated 5 3 1971 of the Calcutta High Court in Crl. 57 of 1972. Revision No. N. Mukherjee for the Respondent. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. | 1 | train | 1979_142.txt |
P1 to Ext. Prosecution, in support of the case, examined PW1 to PW6 and Ext. PW6, Excise Inspector, registered Crime No.20 of 1999 through Ext. The prosecution case is that on 15.9.1999 at 7.00 a.m., the appellant was found in possession of 10 litres of arrack while he was transporting the same through the road in between Mokavoor and Kypurathpalam. On the side of the accused, DW1 was examined. MO1 was identified. P5 were marked. After the prosecution evidence, the accused was examined under Section 313 of the Code of Criminal Procedure. The accused denied the incriminating circumstances appeared in the evidence against him. P3 occurrence report. As already stated, the trial Court, after appreciating the oral and documentary evidence, companyvicted the appellant under Section 55 a of the Abkari Act, for the offence companymitted and sentenced him to rigorous imprisonment for two years and six months and a fine of Rs.1 lakh, and in default, further rigorous imprisonment for six months, which, as already stated, was modified by the High Court. After investigation, he laid the final report before the Judicial First Class Magistrates Court, Quilandy, where it was taken on file as P. No.19 of 2001. The learned Magistrate companymitted the case to the Court of Sessions. S. Radhakrishnan, J. Leave granted. | 1 | train | 1948_18.txt |
degree examination with Physics, Chemistry and Biology or Chemistry, Biology and Zoology as optional subjects, are eligible, provided such of these candidates who have passed with Chemistry, Biology and Zoology should have passed Physics as optional subject in II year PUC or equivalent examination Pre degree or Intermediate or the additional Physics examination of any University or Institution recognised by the State Government. She also passed the PUC in the year 1979 with Physics, Chemistry and Biology as optional subjects and obtained 43.1 marks in the aggregate. Examination of the Mysore University with Botany, Chemistry and Zoology securing 54.7 marks in the aggregate. The Mysore University to which the Institute or College is affiliated has framed regulations regarding admission to MBBS Course for the academic year 1985 86. A learned Single Judge of the High Court by his judgment dated April 8, 1987 rejected the writ petition on the ground that the appellant number having obtained 50 marks in the aggregate in Physics, Chemistry and Biology in the PUC examination, was number eligible for admission to the MBBS Course. She sought for admission in a private Medical College or Institute. The appellant moved the Karnataka High Court by filing a writ petition under Article 226 of the Constitution of India challenging the validity of the cancellation of her admission in the First Year MBBS Course and praying for an order directing the respondents to allow her to companytinue as a student of the First Year MBBS Course. 2598 of 1987. 615 of 1987. While dismissing the appeals of the students on the ground that they were number eligible for admission in the engineering companyleges, Bhagwati, C.J. However, by Memo dated September 19, 1986 the second respondent intimated the appellant that her admission had number been approved by the University of Mysore. Chitale and K.J. S. Javali, Ranjit Kumar and Dev Dass for the Respondents. From the Judgment and order dated 26.5.1987 of the Karnataka A High Court in W.A. It is the case of the appellant that on the basis of the said letter, she joined the Institute in February, 1986. The appellant passed the B.Sc. John for the Appellant. Dr. Y.S. As elaborate submissions have been made at the preliminary hearing of the special leave petition on the merits of the case by both the parties, we proceed to dispose of the appeal on merits. who delivered the judgment of the Court, observed as follows We accordingly endorse the view taken by the learned Judge and affirmed by the Division Bench of the High Court. The Judgment of the Court was delivered by Dutt, J. On appeal by the appellant, the Division Bench of the High Court also took the same view and dismissed the appeal. Hence the present appeal by special leave. CIVIL APPELLATE JURISDICTION Civil Appeal No. Special leave is granted. No. | 1 | train | 1987_361.txt |
1.75 FSI . The companylection of FSI Premium charges is subject to the guidelines. The first respondent sought to avail the benefits of Premium FSI and submitted an application on 04.05.2011 seeking approval of additional FSI under the Premium FSI Scheme. 1.84 FSI instead of 14164 sq.mts. 29.05.2012 ought to have been taken into companysideration for calculating the Premium FSI charges. The appellant by its letter dated 19.07.2012 modified the revised Premium FSI Charges for 1479.81 sq.mts. under the Premium FSI Scheme for extra fourteen dwelling units i.e. As per the revised guideline, the Premium FSI charges were calculated at the rate of Rs.5,000/ per sq.ft. As per the guidelines for Premium FSI, the amount payable by the applicant towards the Premium FSI charge shall be equivalent to the companyt of the proportionate land as per the Guideline value of the Registration Department. The first respondent made further representation dated 14.12.2012 requesting the appellant CMDA to calculate the Premium FSI Charges taking into account the guideline value prevailing as on the date on which the application was submitted and number to levy Premium FSI Charges as per the revised guideline value. No.163 Housing and Urban Development, respondent No.2 Government of Tamil Nadu introduced a scheme called Premium FSI Scheme, wherein the Government permitted any builder willing to pay FSI charges to increase FSI above the numbermally permitted FSI. Based upon the revised guideline value, the appellant CMDA by its letter dated 02.07.2012 informed the first respondent that the Premium FSI has been levied at Rs.7,96,50,000/ . By companymunication dated 19.06.2013, the appellant CMDA granted time till 15.07.2013 to pay Premium FSI charges. Regulation 36 deals with Premium FSI, which reads as under Premium FSI The Authority may allow Premium FSI over and above the numbermally allowable FSI subject to a maximum of 1 one relating the same to the road width parameters as follows Serial Road width Premium FSI Number of numbermally allowable FSI 18 meters and above 40 60 and above 12 meters below 18 meters 30 40 below 60 9 meters below 12 meters 20 30 below 40 The premium FSI shall be allowed in specific areas as may be numberified, subject to Guidelines and on companylection of charge at the rates as may be prescribed by the Authority with the approval of the Government. As pointed out earlier, the process of grant of Premium FSI is companypleted only after the grant of approval by the Government. The said representation was rejected by the appellant CMDA by its letter dated 31.08.2012 and the first respondent was directed to make payment of Premium FSI Charges. After the levy of Premium FSI charges calling upon the first respondent to pay a sum of Rs.7,61,40,000/ , the first respondent submitted a representation on 19.07.2012 requesting to revise the Premium FSI charges by companysidering the guideline value prevailing as on the date of the application i.e. No.163, Housing and Urban Development UD I dated 09.09.2009 as per which the Government permitted willing builders to increase FSI above the numbermally permitted FSI subject to a maximum of one relating the same to the road width parameters by paying premium FSI charges. Additional benefit by way of Premium FSI accrued to the developer is related to the proportionate land extent. The learned Senior companynsel mainly relied upon the recommendation made by the appellant CMDA to companytent that pre revised guideline would only be applicable for calculation of the Premium FSI charges. By companymunication dated 19.06.2013, the first respondent was granted time upto 15.07.2013 to pay Premium FSI charges. proposed extra FSI of 0.24 by adopting the guideline value existed on the date of their application i.e. After inspection of the site and recommendation of the multi storeyed building panel, on 29.05.2012, the Government granted approval for the Premium FSI. In the representation, the first respondent stated that they are ready to pay the Premium FSI Charges for both the projected built up area of 800 sq.mt. Learned Senior companynsel for the respondent companytended that only the date of application for revised building plan has to be taken into companysideration and the first respondent cannot be levied with the revised FSI Premium charges because of the time taken by CMDA in processing the application. Pursuant to the sanction granted by the Government, the appellant CMDA vide letter dated 02.07.2012 called upon the first respondent to remit Premium FSI Charges quantified at Rs.7,96,50,000/ for 1479.81 sq.mts. Thereafter, by letters dated 23.05.2013 and 14.06.2013, the first respondent had prayed for thirty days time for remitting the Premium FSI charges as demanded by the appellant CMDA. When the companystruction was in progress, the Government of Tamil Nadu introduced the Premium FSI Floor space Index Scheme vide G.O.Ms. It was stated that the projected FSI at 1.74 by adopting the total built up area was calculated as 14089 sq.mts. On 04.05.2011, the first respondent made an application along with revised proposal for permission to have additional FSI area of 11,860 sq.ft. The representation made by the first respondent requesting for reduction of Premium FSI Charges was rejected by the appellant CMDA by order dated 19.04.2013, affirming its earlier order dated 31.08.2012. By its letters dated 23.05.2013 and 14.06.2013, first respondent sought for further thirty days time for remitting the Premium FSI charges as demanded by the appellant. The first respondent has also raised objection stating that he made the application during May, 2011 itself and that he may be allowed to make payment of Premium FSI Charges by adopting the guideline value existed on both the dates of their application 04.05.2011 and the approval by the CMDA panel 30.03.2012 . In terms of Regulation 36, Premium FSI shall be allowed in specific areas as numberified subject to guidelines with the approval of the Government and on companylection of charges at the rates as may be prescribed by the authority. The planning permission was granted by the appellant CMDA on 01.07.2009. Thus, for the award of Premium FSI, inter alia the companyditions companylection of charges at the rates as may be prescribed by the authority and approval of the Government, are mandatory. of the land area based on the revised guideline value of the property as revised w.e.f. The planning permission was granted for the original plan by the appellant CMDA on 01.07.2009. The revised guideline came into force w.e.f. The amount so companylected towards the award of Premium FSI shall be remitted into the Government account to be allotted separately for the purpose for utilizing it for infrastructure development in that area as may be directed by the Government. While the application of the first respondent for revised proposal was pending, the guideline value of the land was revised w.e.f. The said representation was rejected by the CMDA vide letter dated 31.08.2012. In the meanwhile, the Registration Department revised and numberified the revised guideline value w.e.f. as against 14,889 sq.mts. Being aggrieved, the appellant CMDA has preferred this appeal. Relying upon Union of India and another v. Mahajan Industries Ltd. and another 2005 10 SCC 203, the Division Bench held that the appellant CMDA is entitled to calculate levy of Premium FSI Charges taking into account the guideline value prevalent as on the date of the application for approval of the additional companystruction and number from the date on which the approval is being granted. 01.04.2012 as per which the guideline value of Padi Kuppam Road was increased from Rs.1,650/ per sq.ft. The said application was returned by the appellant CMDA on 10.02.2012 for rectification of defects. It is to be pointed out that the learned Single Judge also companymented on the companyduct of first respondent in obtaining extension of time to remit the Premium FSI charges and thereafter, filing the writ petition before the High Court challenging the demand. In the meantime, the State Government revised the guideline value of the land w.e.f. The first respondent submitted revised plans on 24.02.2012. The appellant CMDA vide its letter dated 30.03.2012 forwarded the revised plan to the Government seeking to accord approval to the recommendation of the Multi storeyed building panel and for issue of planning permission. The Multi Storeyed Building Panel companysidered the revised plan of the first respondent and the appellant CMDA by its letter dated 30.03.2012 forwarded the proposal to the Government with recommendation for approval subject to the companyditions indicated thereon. Be it numbered that the first respondents application was companysidered and finally approval was granted by the Government on 29.05.2012 only after revised guideline came into force. 2376 of 2013 filed by the first respondent in and by which the Division Bench set aside the order of Single Judge and allowed the writ appeal thereby directing the appellant Chennai Metropolitan Development Authority CMDA to calculate the Signature Not Verified Premium FSI charges at the rate prevalent as on the date of filing of Digitally signed by MAHABIR SINGH Date 2019.12.11 142108 IST Reason application by the first respondent Rajan Dev. By the time the plan was sanctioned, the guideline value had increased from Rs.1,650/ per sq.ft. As submitted by the learned Senior companynsel for the appellant CMDA, the companyduct of the first respondent is also to be taken numbere of. The first respondent submitted that the first respondent originally proposed to companystruct 14,889 sq.mts. 04.05.2011. 01.04.2012 by the Government and as provided at the time of the approval for the proposed companystruction. The forwarding of the revised proposal by the appellant CMDA to the Government reads as under AGENDA ITEM NO2/203 FILE NO C3 N /6476/2011 Sub CMDA APU MSB North Division Planning Permission Application for the revised approval for the companystruction of Block A Stilt GF Shop cum Parking 7 Floors Block B, C and D Stilt 7 Floors Commercial cum Residential building with 210 dwelling units at T.S.No.113/2, Block No.65, Ward I, Old S.No.224/1 part of Padi Village, Padikuppam Road, Mogappair, Chennai Applied by Thiru. The learned Single Judge also held that there was numberundue delay on the part of CMDA or the second respondent Government in disposing of the application of the first respondent. of built up area of an extent of land of 8093.64 sq.mts. in the already approved plan and for the proposed built up area of 1102 sq.mts. of the land area from Rs.7,96,50,000/ to Rs.7,61,40,000/ . Thereafter, on 24.02.2012, first respondent submitted the revised plan after rectification of the defects. He proposed companystruction of Block A Stilt floor part GF part 6 floors 7 th floor part Block B and C Stilt 6 floors and Block D Stilt 7 floors with floor area of 14082.26 sq.mt. for the area which the first respondent has put up companystruction. On 07.05.2009, the first respondent submitted an application for companystruction of residential cum shopping companyplex at Padi Village, Padi Kuppam Road, Chennai. 01.04.2012. to Rs.5,000/ per sq.ft. After so getting extension of time, the first respondent filed writ petition before the High Court challenging the order of CMDA dated 31.08.2012 and prayed for quashing the demand. The excess area for which sanction was wrongly granted is 725 sq.mts. 223, 224 and 225, Padi Village, Padi Kuppam Road, Chennai for 196 dwelling units. Thus, the date on which the approval was granted by the Government i.e. Initially, the sanction was mistakenly accorded for 14889 sq.mts. The said application was returned by the appellant on 10.02.2012 with the direction to furnish revised plan for rectifying sixteen defects as pointed out by the appellant. Rajan Dev Recommended for Approval Reg The MSB Panel discussed the subject in detail and recommended to forward the proposal to the Government recommending for approval subject to the following companyditions i undertaking accepting companyditions of NOCs to be obtained before issue of Planning Permission and ii undertaking to furnish IAF NOC before issue of companypletion certificate to be obtained before issue of Planning Permission. He submitted an application dated 07.05.2009 for planning permission to companystruct a residential cum shopping building at Survey Nos. one floor each in two blocks. Vide letter dated 19.07.2012, the first respondent raised objections to the aforesaid calculation and also as regards the area. The first respondents further representation dated 14.12.2012 also came to be rejected. While the companystruction was in progress, on 09.09.2009 vide G.O.Ms. It is well settled that numberright accrues to an applicant until the application for approval is companysidered and sanctioned. During the pendency of the writ petition, companystruction of 196 dwelling units was companypleted and a partial companypletion certificate dated 17.06.2013 was granted. A provisional companypletion certificate dated 16.10.2014 was granted for a total of 210 dwelling units. The same was later modified as Rs.7,61,40,000/ . The first respondent also requested to deduct all balcony and duct wall area which is within the limit of 10 allowance. The first respondent was also informed that if the payment was number made within sixty days, the application will be returned. After so taking time, the first respondent filed the writ petition in WP No.18238 of 2013 before the Madras High Court. During the pendency of the writ appeal, an amount of Rs.3,80,00,000/ was deposited by the first respondent pursuant to the order dated 17.02.2014 passed by the Division Bench. Being aggrieved by the dismissal of the writ petition, the first respondent preferred the writ appeal before the Division Bench which came to be allowed by the impugned judgment. Respondent No.1 is a developer carrying on companystruction activities under the name and style of M s. Ben Foundation. and the same was quantified at Rs.7,61,05,480/ . 1102 sq. Leave granted. BANUMATHI, J. and height of 22.80 mt. This appeal arises out of the impugned judgment dated 03.08.2016 passed by the Division Bench of the High Court of Madras in W.A. and the same was a human error and the same led to all the companyfusion. No. | 1 | train | 2019_784.txt |
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