Fawazzx/semantic huggingface dataset:
These appeals are preferred by four accused against the common Judgment of the High Court of Chhattisgarh at Bilaspur,confirming the Judgment of the Additional Sessions Judge,Bemetara,District Durg,convicting the appellants u/s.302 read with Ss.34 and 120B of the Indian Penal Code [hereinafter referred to as "IPC"] and sentencing each of them to undergo imprisonment for life with a fine of Rs.1,000/-,and in default,to undergo additional rigorous imprisonment for three months
Semantic role: Facts
These prasangas are: (i) Bhishma Vijaya; (ii) Nala Damayanthi; (iii) Kanakangi or Kanakangi Kalyana; (iv) Abhimanyu or Abhimanyu Vada; (v) Chitrangadha or Babruvahana Kalaga; (vi) Panchavati; and (vii
Semantic role: Facts
Plaintiff-Respondent,inter alia,prayed for passing a judgment and decree against the defendants -appellants granting the following reliefs: "1.A declaration that the plaintiff is the exclusive copyright holder in respect of Yaksharanga ballets,namely,Bhishma Vijaya,Kanakangi,Nala Damayanthi,Panchavati,Gaya Charitha,Chitrangadha,Abhimanyu Vadha,and for consequential permanent injunction restraining the Defendants,their agents,employees etc.from staging or performing any of the above said 7 ballets or Prasangas or any parts thereof
Semantic role: Facts
By reason of a judgment and decree dated 14.11.2003,the District Judge,Udupi decreed the said suit declaring the plaintiff -respondent as a person having the exclusive copyright in respect of seven Prasangas and that she had acquired the same by reason of a Will as a residuary legatee and the defendants -appellants or their employees or agents were restrained from performing the said seven ballets or Prasangas or any parts thereof in any manner as evolved distinctively by Dr
Semantic role: Facts
The word 'author' is defined in Section 2(d) to mean,(i) in relation to a literary or dramatic work,the author of the work; (ii) in relation to a musical work,the composer; (iii) in relation to an artistic work other than a photograph,the artist; (iv) in relation to a photograph,the person taking the photograph; (v) in relation to a cinematograph film or sound recording,the producer; and (vi) in relation to any literary,dramatic,musical or artistic work which is computer-generated,the person who causes the work to be created
Semantic role: Statute
a) where the names of one or more (but not all) of the authors arc pseudonymous and his or their identity is not disclosed,as references to the author whose name is not a pseudonym,or,if the names of two or more of the authors are not pseudonyms,as references to such of those authors who dies last; (b) where the names of one or more (but not all) of the authors arc pseudonyms and the identity of one or more of them is disclosed,as references to the author who dies last from amongst the authors whose names are not pseudonyms and the authors whose names are pseudonyms and are disclosed; and (c) where the names of all the authors arc pseudonyms and the identity of one of them is disclosed,as references to the author whose identity is disclosed or if the identity of two or more of such authors is disclosed,as references to such of those authors who dies last
Semantic role: Statute
Private use including research; (ii) criticism or review,whether of that work or of any other work; xxx xxx xxx (i) the performance,in the course of the Activities of an educational institution,of a literary,dramatic or musical work by the staff and student of the institution,or of a cinematograph film or a sound recording,if the audience is limited to such staff and students,the parents and guardians of the students and persons directly connected with the Activities of the institution or the communication to such an audience of a cinematograph film or sound recording
Semantic role: Statute
However,we may notice that whereas the trial court has proceeded on the basis that clause 12 of the Will shall apply in the instant case,the High Court opined that clause 11 thereof is attracted,stating: "No doubt,by reading para-12 of the 'Will' in isolation,one can certainly arrive at the conclusion that the bequest made in favour of the plaintiff is in the nature of residuary bequest
Semantic role: Ruling by Lower Court
We must,however,notice that the provisions the Act make a distinction between the 'literary work' and 'dramatic work'.Keeping in view the statutory provisions,there cannot be any doubt whatsoever that copyright in respect of performance of 'dance' would not come within the purview of the literary work but would come within the purview of the definition of 'dramatic work'.We,however,do not mean to suggest that any act of literary work will be outside the purview of the Will dated 18.6.1994.Our exercise in this behalf was only for the purpose of clarifying the provisions of the Act with reference to the findings arrived at by the High Court
Semantic role: Ratio of the decision
4 SCC 118]1978 Indlaw SC 294,this Court held: "Thus,on a careful consideration and elucidation of the various authorities and the case law on the subject discussed above,the following propositions emerge: 1.There can be no copyright in an idea,subject-matter,themes,plots or historical or legendary facts and violation of the copyright in such cases is confined to the form,manner and arrangement and expression of the idea by the author of the copyrighted work
Semantic role: Precedent
Out of the said twelve accused,6 accused were acquitted of all the charges while the five appellants herein,namely,Bonkya alias Bharat Shivaji Mane (A-5),Mandu Baliba Dombe (A-8),Ashok Baloba Dombe (A-9),Ranjar Bhausaheb Dombe (A-10) and Kaka alias Pandurang Baloba Dombe (A-11) were convicted for offences under Section 302/307/149 IPC and Section 3 of TADA and sentenced to suffer life imprisonment and to pay a fine of Rs.5,000/-each for the offence under Section 302/149 IPC
Semantic role: Facts
10 years RI and a fine of Rs.5,000/-each for the offence under Section 307/149 IPC; 2 years RI for the offence under Section 324/149 IPC and life imprisonment and fine of Rs.5,000/-each for the offence under Section 3 of TADA.In default of payment of fine on each of the counts,the appellants were to undergo further RI for two years each
Semantic role: Facts
According to A-2,A-3,A-5,A-6 and A-7 they had been identified by PW-9,during the identification parade,at the instance of the police.A-4 alleged false implication at the instance of PW-15 Waman while A-8 alleged false implication at the hands of the police with a view to pressurise him to withdraw a complaint concerning the murder of his brother and 5 others allegedly committed by the police.A-9 also put forward a similar defence,while A-10 alleged that the police had instituted a false case against him at the instance of Narayan Dhotare,according to A-11,also the witnesses had deposed falsely against him at the instance of Narayan Dhotare
Semantic role: Argument
The evidence regarding the first incident was given by PW10,PW11 and PW12.These witnesses deposed that while they were watching a movie at the video parlour,A-11,A-6 and A-10 alongwith one other person had occupied the seats in the row behind them and when the leg of A-11 dashed against the leg of PW10,who told him to keep his leg properly,A-11 started abusing him in filthy language and threatened him that he would "deal" with him
Semantic role: Facts
The evidence of PW10,PW-11 and PW-12 has received ample corroboration from the testimony of PW-9,PW-13,PW-14 and PW-15,who deposed that while the witnesses were narrating the incident of the video parlour to Waman Band Patte PW-15 and other witnesses present there the accused party arrived in a Jeep and two auto-rickshaws variously armed and opened an attack on the complainant party with a view to teach them a lesson for the altercation which had taken place earlier at the video parlour
Semantic role: Facts
From the testimony of PW9,it stands established that while Mukesh PW-12 was narrating the incident which had taken place at the video parlour,the appellants alongwith 7/8 other persons arrived in a jeep and two auto-rickshaws armed with swords,satturs and sticks and opened the assault on the prosecution witnesses and that A-11 and his two associates assaulted PW-14 with swords
Semantic role: Facts
They specifically described the roles played by A-5,A-10 and A-11.PW-10,PW-11,PW-12,PW-13,PW-14 and PW-15 also spoke about the presence of A-1,A-8 and A-9 with their respective weapons alongwith A-5,A-10 and A-11 near the Jagdamba Hotel at the time of assault on PW-14
Semantic role: Facts
At the identification parade,A-5 was identified by PW-9,PW10,PW-11,PW-14 and PW-15; A-10 by PWs 10 to 15; A-11 by PW 3 and PWs 9 to 15; A-1 by PWs 10 to 15; A-8 and A-9 by PW-3 and by PWs 10 to 15
Semantic role: Facts
So far as other accused are concerned,none of the prosecution witnesses ascribed any role to A-2,A-3 and A-12 and even though PW-15 deposed at the trial about the presence of A-4,A-6 and A-7 and stated that they were present with the accused party but the trial court,for good and sufficient reasons found that his testimony as regards their presence in the unlawful assembly,had not received trustworthy corroboration from any other prosecution evidence
Semantic role: Facts
That apart the name of A-10 does not figure specifically in the statement of Baban PW-9,which formed the basis of the FIR,Ex.77.PW-10,PW-11 and PW-15 have tried to implicate A-10 by making tell tale improvements in their statements at the trial by ascribing a role to him in the assault by improving upon their statements earlier recorded during the investigation,with which statements they were duly confronted
Semantic role: Ratio of the decision
In so far as the remaining appellants are concerned,the evidence of the eye-witnesses and particularly of PW-3 and PWs 9 to 14 unmistakably connects them with the assault on the complainant party near the Jagdamba hotel and at the Math,resulting in the death of Popat and injuries being caused to PW9 and PW14.Despite searching cross-examination,nothing has been brought out in their cross-examination from which any doubt may arise about the participation of A-1,A-5,A-8,A-9 and A-11 in the assault or discredit the testimony of any of these witnesses
Semantic role: Ratio of the decision
The Designated Court after considering the evidence of the first incident and the manner of assault on the deceased and PW-9 and PW-14,came to the conclusion that the appellants,alongwith some others had intended to create terror in a section of the people (Wadar community) and with that intention had assaulted PW-14,the deceased and PW9 by lethal weapons and were therefore guilty of committing an offence under Section 3 TADA
Semantic role: Ruling by Lower Court
It was observed : "Thus,keeping in view the settled position that the provisions of Section 3 of TADA have been held to be Constitutionally valid in Kartar Singh case and from the law laid down by this Court in Usmanbhai and Niranjan cases,it follows that an activity which is sought to be punished under Section 3(1) of TADA has to be such which cannot be classified as a mere law and order problem or disturbance of public order or even disturbance of the even tempo of the life of the community of any specified locality but is of the nature which cannot be tackled as an ordinary criminal activity under the ordinary penal law by the normal law-enforcement agencies because the intended extent and reach of the criminal activity of the 'terrorist' is such which travels beyond the gravity of the mere disturbance of public order even of a 'virulent nature' and may at times transcend the frontiers of the locality and may include such anti-national activities which throw a challenge to the very integrity and sovereignty of the country in its democratic polity
Semantic role: Precedent
Likewise,if it is only as a consequence of the criminal act that fear,terror or/and panic is caused but the intention of committing the particular crime cannot be said to be the one strictly envisaged by Section 3(1),it would be impermissible to try or convict and punish an accused under TADA.The commission of the crime with the intention to achieve the result as envisaged by the section and not merely where the consequence of the crime committed by the accused create that result,would attract the provisions of Section 3(1) of TADA
Semantic role: Precedent
Before we part with the judgment,we would also like to deal with a submission made on behalf of the appellants by their learned counsel that since the offence under Section 3 of TADA is not made out,the criminal appeal filed in this court,may be transferred to the High Court for its disposal in exercise of our jurisdiction under Article 142 of the Constitution of India,for the reason that a first appeal against conviction and sentence recorded for various offences under the Indian Penal Code by the Sessions Court lies to the High Court
Semantic role: Argument
In view of enactment of Displaced Persons (Compensation and Rehabilitation) Act,1954 by the Union of India,the immovable properties left behind by Muslims who had migrated to Pakistan were acquired and the same was distributed to displaced persons as a "compensation pool".Accordingly,father of the appellant was allotted a land admeasuring 2 acres 5 gunthas bearing Revenue Survey Nos.351 and 118/2 situated at Village Lonavala,Taluka Maval,District Pune
Semantic role: Argument
Hajrabi Haji Yusuf on 4.6.1949.However,this transaction was cancelled by the Collector and Custodian of Evacuee Property on 17.4.1949 as per Section 8(i) of the Evacuee Properties Act and these lands were accordingly entered as Evacuee Property by the Tahsildar,Maval on 26.10.1949.It appears that these survey numbers were also given C.T.S.No.129,130-A,130-B and 133
Semantic role: Facts
The Survey Nos.118/2 and 351,being Evacuee Properties,were allotted to the Appellant in the year 1956.Later on,it was found that the Appellant is in possession of more area and,therefore,the said order was modified on 6.5.1982 and excess area was granted to the Appellant on payment of Rs.31,360/-,which Appellant had paid on 17.5.1982 in Government Treasury and thereby the Deputy Collector and Assistant Settlement Commissioner,Pune granted the excess land to the Appellant,and thereafter the dispute started between the parties
Semantic role: Facts
In the impugned order,Division Bench made it clear that since the dispute between the parties was in respect of the area,as to what has been purchased in auction sale by Gulabai Desai and what is the area allotted to the Appellant by the orders of the Deputy Collector and Deputy Custodian of Evacuee Properties,the Appellant requested the Bench not to enter into the merits on this question in this LPA since the parties may prosecute their remedies in the Civil Court for such adjudication,and therefore,that aspect was not considered by the High Court
Semantic role: Facts
However,in the facts of the conflicting claims,the Appellant made grievance to the Deputy Collector and the Deputy Custodian of Evacuee Properties in respect of the Mutation made in favour of the Respondent Gulabai and other Respondents and,therefore,by order dated 18.9.1984 the Deputy Collector and Deputy Custodian of Evacuee Properties,Pune,directed the Sub-Divisional Officer,Haveli Sub Division to take up the case in revision under Section 257 of Maharashtra Land Revenue Code and pass necessary orders
Semantic role: Facts
Since the Collector noticed on complaint that the orders of the Collector has been bypassed or surpassed by the Subordinate Revenue Officers,the Collector by order dated 12.7.1999 directed the SDO to take these mutations namely mutation Entry No.2377 and 2394 in revision and therefore the Sub-Divisional Officer,Maval Division has taken these mutations in revision bearing RTS Revision No.12 of 1999.The said revision was decided by the Sub Divisional officer at Maval on 28.1.2000 and those mutations were cancelled
Semantic role: Facts
Respondent No.2 challenged this order of the Additional Commissioner by filing the proceeding RTS 3402/Pra.kra.309/L-6 by way of second revision before the Revenue Minister for State and the said proceeding was decided by the Minister for State on 18.10.2002.The Revenue Minister allowed the said proceeding and set aside the orders passed by the Sub Divisional Officer,Maval dated 28.1.2000,order dated 28.5.2001 of Additional Collector,Pune and of Additional Commissioner dated 22.11.2001,and thus,restored the position as reflected by the Mutation Entries Nos.1836 and 2377 and 2394.Thus,all the entries in favour of the Respondents were protected and maintained by the order of the State Minister for Revenue
Semantic role: Facts
It is further found that when the orders of the Collector directing to put the petitioner into possession were not obeyed by the subordinate Revenue Officers and the Revenue Officers effected the mutation entry No.2377 in favour of the Respondent Nos.3 Gulabai Desai and Mutation Entry No.2394 in favour of the Respondent No.5 Genu Kadu and thereafter for second time the special Divisional Officer,Maval,has exercised the revisional powers under Section 257 and initiated proceeding RTS Revision 12 of 1999 in respect of the mutation entry No.2377 and 2394.The RTS Revision 12/99 was allowed on 28.1.2000 as against that two RTS appeals namely,RTS Appeal No.81 of 2000 and RTS Appeal No.114 of 2000 were preferred by the Respondent
Semantic role: Ruling by Lower Court
All these proceedings will show that twice the Sub-Divisional Officer has exercised the revisional power under Section 257 at the directions of the Collector,namely the RTS Revision No.14 of 1984 and RTS Revision No.12 of 1999.It will further reveal that the appeals as against the RTS Revision No.14 of 1984 was preferred by the parties in view of the provisions of Section 247 and 249 sub-section 2.It will equally appear that when the orders were passed in Revision Application No.12 of 1999 before the Sub Divisional Officer in exercise of the powers under Section 257 the parties have preferred two RTS appeals in view of the provisions of Section 247 and 249 sub-section 2.Not only that,thereafter the RTS Revision Application No.330 of 2001 was also preferred before the Commissioner and if the view is taken that the second revision is not tenable then in that circumstances since the first order passed in RTS Revision No.12 of 1999 is a revisional order,this second revision before the Commissioner being RTS Revision No.330 of 2001 would not have been tenable
Semantic role: Ruling by Lower Court
State of Maharashtra [(2002) SCC on line,Bombay 1222],learned counsel submitted that when the Sub-Divisional Officer,Additional Collector and Additional Commissioner had concurrently recorded finding in favour of the appellant by observing that the revenue record is not in consonance with the factual aspect and they have directed to correct the revenue entries,in such a case,the second revisional authority exceeded its jurisdiction in entertaining the said application and interfering with the finding of fact
Semantic role: Argument
In the absence of any express provisions of this Code,or of any law for the time being in force to the contrary,an appeal shall lie from any decision or order passed by a revenue or survey officer specified in column 1 of the Schedule E under this Code or any other law for the time being in force to the officer specified in column 2 of that Schedule whether or not such decision or order may itself have been passed on appeal from the decision of order of the officer specified in column 1 of the said Schedule
Semantic role: Statute
The State Government and any revenue of survey officer,not inferior in rank to an Assistant or Deputy Collector or a Superintendent of Land Records,in their respective departments,may call for and examine the record of any inquiry or the proceedings of any subordinate revenue or survey officer,for the purpose of satisfying itself or himself,as the case may be,as to the legality or propriety of any decision or order passed,and as to the regularity of the proceedings of such officer
Semantic role: Statute
Further,in view of the fact that State Government itself appoints the Revenue officers including the Commissioner under the scheme of the Code and all Revenue officers are subordinate to the State Government as per Section 11 of the Act,and even the Chief Controlling Authority in all matters connected with the land revenue in his Division is vested with the Commissioner,they are subject to the superintendence,direction and control of the State Government as provided under Section 5 of the Code
Semantic role: Ratio of the decision
The power of the State Government has further been widened by Section 259 of the Code,which reads as under:- "259.Rules as to decisions or orders expressly made final Whenever in this Code,it is provided that a decision or order shall be final or conclusive,such provision shall mean that no appeal lies from any such decision or order; but it shall be lawful to the State Government alone to modify,annul or reverse any such decision or order under the provision of Section 257
Semantic role: Statute
2 SCC 334 under the Rajasthan Cooperative Societies Act,1965.In that Ac,t by Section 128 power was conferred upon the State Government and the Registrar to call for and examine the records of any enquiry or proceedings of any other matter,of any officer subordinate to them,for the purpose of satisfying themselves as to the legality or propriety of any decision or order passed by such officer
Semantic role: Precedent
You have been relieved on 30.3.1974 A.N.on account of your transfer from Surat to Ukai,but you have not reported to Ukai till today and remained on unauthorised absence on relief,which is breach of S.R.No.112 and 113.Please submit your explanation as to why action should not be taken against you for disobeying order of superior and breach of S.R.No.112 and 113 within 7 days from receipt of this letter
Semantic role: Facts
Perusal of the averments made in paragraphs 17,18,23 and 25 (2)(ii) of the counter-affidavit filed in reply to the petitioner's writ petition before the learned Single Judge shows that the Board had categorically pleaded that the respondent was informed by letter dated 24.4.1974 that his representation to postpone his transfer was rejected and he should obey the order of transfer
Semantic role: Ratio of the decision
In view of the above discussion,we therefore hold that the respondent's failure to join his duties at Ukai resulted in unauthorised absence and his failure to join his duties in spite of the repeated reminders and letters issued to him constituted sufficient valid ground for taking action under Regulation No.113.We further hold that before issuing the order of discharge the respondent was not only warned but he was also afforded an opportunity to explain as to why disciplinary action should not be taken against him
Semantic role: Ruling by Present Court
On 19.04.1988 between 8.30 p.m. and 8.45 p.m., Satish Narayan Sawant, the appellant (Accused No. 1) along with two other accused persons and also with two delinquent children allegedly formed an unlawful assembly and that in furtherance of the said common object stabbed one Rauji Dulba Sawant, the deceased and also assaulted Baby Dulba Sawant (PW-1), Ashok Dulba Sawant (PW-2), Kunda Rauji Sawant (PW-8) and Laxmi Dulba Sawant (PW-18) who are the sister, brother, wife and mother respectively of the deceased
Semantic role: Facts
P.S. Joaquim Dias (PW-21) who was attached to the Ponda Police Station as P.S.I. received a phone call at about 10.45 p.m. from P.S.I. K.K. Desai of the Panaji Police Station that a person named Rauji Dulba Sawant had been brought in police jeep by police constable Jaisingrao Rane and that while he was being taken to the Goa Medical College, he expired
Semantic role: Facts