Fawazzx/semantic huggingface dataset:
What is investigation is not defined in the Code of Criminal Procedure; but in H.N. Rishbud and Inder Singh v. State of Delhi 1954 Indlaw SC 14 this Court has described, the procedure, for investigation as follows: "Thus, under the Code investigation consists generally of the following steps, (1) Proceeding to the spot, (2) Ascertainment of the facts and circumstances of the case, (3) Discovery and arrest of the suspected offender, (4) Collection of evidence relating to the commission of the offence which may consist of (a) the examination of various persons (including the accused) and the reduction of their statements into writing, if the officer thinks fit, (b) the search of places of seizure of things considered necessary for the investigation and to be produced at the trial, and (5) formation of the opinion as to whether on the material collected there is a case to place the accused before a Magistrate for trial and if so taking the necessary steps for the same by the filing of a charge-sheet u/s
Semantic role: Precedent
It was a very cryptic information received by him regarding the death of a person residing within the jurisdiction of his police station pursuant to an incident taking place on 10.04.1988 between 8.30 p.m. to 8.45 p.m. and, therefore, it appears that there was not enough information available to him either to get a G.D. entry recorded or to get an FIR lodged
Semantic role: Ratio of the decision
Besides, all the aforesaid eye-witnesses were inmates of the house and they would know as to who had given the blows for they specifically stated that initially the appellant did not have the knife in his hand but when the deceased and others went to the balcony then he went inside the house and brought a knife with which he gave stab injuries to the deceased which became fatal and as a result of which the deceased died while he was being taken to the hospital
Semantic role: Ratio of the decision
Reference in this regard may be made to the decision of this Court in State of U. P. v. Krishna Gopal, (1988) 4 SCC 302; 1988 Indlaw SC 76 Anwar v. State of Haryana, (1997) 9 SCC 766; 1997 Indlaw SC 2447 Ravi Kumar v. State of Punjab, (2005) 9 SCC 315 2005 Indlaw SC 170; Munivel v. State of T.N., (2006) 9 SCC 394 2006 Indlaw SC 118
Semantic role: Ratio of the decision
Reference in this regard may be made to the decision of this Court in Ruli Ram v. State of Haryana, (2002) 7 SCC 691 2002 Indlaw SC 1927; Augustine Saldanha v. State of Karnataka, (2003) 10 SCC 472; 2003 Indlaw SC 674 State of U. P. v. Virendra Prasad, (2004) 9 SCC 37; 2004 Indlaw SC 60 Chacko v. State of Kerala, (2004) 12 SCC 269; 2004 Indlaw SC 20 S. N. Bhadolkar v. State of Maharasthra, (2005) 9 SCC 71; 2004 Indlaw SC 268 and Jagriti Devi v. State of H. P., JT 2009 (8) SC 648
Semantic role: Precedent
This appeal by special leave which is directed against the judgment and order dated April 24,1974 of the Letters Patent Bench of the High Court of Judicature at Madras reversing the judgment and order dated April 19,1971 of the Single Judge of that Court passed in writ petition No.3822 of 1969 presented u/art.226 of the Constitution raises a complex but an interesting question relating to the construction of the phrases "maternity benefit........for the period of her actual absence immediately preceding and including the day of her delivery and for the six weeks immediately following that day" occurring in s.5(1) of the Maternity Benefits Act,1961
Semantic role: Facts
It appears that in October,1967,Subbammal,respondent No.2 herein,who is a woman worker employed in Mount Stuart Estate (hereinafter referred to as 'the establishment'),which is carrying on plantation industry,was allowed leave of absence by the establishment on the basis of a notice given by her of her expected delivery which actually took place on December 16,1967.After her delivery,the respondent was paid by her employers on account of maternity benefit an amount equivalent to what she would have earned on the basis of her average daily wage in 72 working days falling within twelve week's of the maternity period
Semantic role: Facts
Pai has urged that since legislative intent,as revealed from the scheme of s.5(1) of the Act is to compensate the woman worker who expects delivery for the loss that her forced absence from work on account of pregnancy and confinement may entail,the liability which has to be imposed on her employer cannot exceed the amount that she would have earned if she had not been compelled to avail of the maternity leave and since Sunday is a non-working wageless day,the employer cannot be made to pay for that day
Semantic role: Argument
He has further urged that since u/s.5 (1) of the Act,the maternity benefit has to be computed with reference to the period of the workers' actual absence thereby meaning absence on days on which there was work excluding Sundays and the term 'week" in the context of 'sub-ss.(1) and (3) of s.5 of the Act is to be under stood as a week of work consisting of six days and in the instant case,respondent No.2 was working and earning wages for six days in a week,the seventh day being a wageless holiday,her claim cannot be sustained
Semantic role: Argument
Sub-s.(2) of s.2 of the Act specifically excludes the applicability of the provisions of the Act to any factory or other establishment to which the provisions of the Employees State Insurance Act,1948 apply for the time being.s.3(n) of the Act defines "wages" as under :- "3(n).--Wages means all remuneration paid or payable in cash to a woman,if the terms of the contract of employment,express or implied,were fulfilled and includes- (1) such cash allowances (including dearness allowance and house rent allowance) as a woman is for the time being entitled to
Semantic role: Statute
3) Without prejudice to the provisions of section 6,no pregnant woman shall,on a request being made by her in this behalf,be required by her employer to do during the period specified in sub-s.(4) any which is of an arduous nature or which involves long hours of standing,or which in any way is likely to interfere with her pregnancy or the normal development of the foetus,or is likely to cause her miscarriage or otherwise to adversely affect her health
Semantic role: Statute
For fixing the average daily wage,it has therefore first to be ascertained whether the wages with were paid or were payable to the woman was for 'time work' or for 'piece work'.It has next to be ascertained as to what were the cash wages paid or payable to her in terms of the definition contained in s.3 (n) of the Act for the days on which she worked during the period of three-calendar months immediately preceding the date of delivery,reckoned according to the British calendar month
Semantic role: Ratio of the decision
The real though difficult question that calls for determination by us is as to what is the connotation of the term "week" occurring in sub-ss.(1) and (3) of s.5 of the Act and whether the computation of the maternity benefit prescribed by the Act for the a foresaid two periods has to be made taking a "week" as signifying a cycle of seven days including a Sunday or a cycle of seven days minus a Sunday which is said to be a wageless day,As the Act does not contain any definition of the word "week",it has to be understood in its ordinary dictionary sense
Semantic role: Ratio of the decision
The language in which the aforesaid sub-s.s are couched also shows that the Legislature intended that computation of maternity benefit is to be made for the entire period of the woman worker's actual absence i.e.for all the days including Sundays which may be wageless holidays falling within that period and not only for intermittent periods of six days thereby excluding Sundays falling within that period for if it were not so,the Legislature instead of using the words "for the period of her actual absence immediately preceding and including the day of her delivery and for the six weeks immediately following that day" would have used the words "for the working days falling within the period of her actual absence immediately preceding and including the day of her delivery and the six weeks immediately following that day but excluding the wageless days".Again the word "period" occurring in s.5(1) of the Act is a strong word
Semantic role: Ratio of the decision
It has also to be borne in mind in this connection that in interpreting provisions of beneficial pieces of legislation like the one in hand which is intended to achieve the object of doing social justice to women workers employed in the plantations and which squarely fall within the purview of Art.42 of the Constitution,the beneficent rule of construction which would enable the woman worker not only to subsist but also to make up her dissipated energy,nurse her child,preserve her efficiency as a worker and maintain the level of her previous efficiency and output has to be adopted by the Court
Semantic role: Ratio of the decision
Thus we are of opinion that computation of maternity benefit has to be made for all the days including Sundays and rest days which may be wageless holidays comprised in the Actual period of absence of the woman extending upto six weeks preceding and including the day of delivery as also for all the days falling within the six weeks immediately following the day of delivery thereby ensuring that the woman worker gets for the said period not only the amount equalling 100 per cent of the wages which she was previously earning in terms of s.3 (n) of the Act but also the benefit of the wages for all the Sundays and rest days falling within the aforesaid two periods which would ultimately be conducive to the interests of both the woman worker and her employer
Semantic role: Ruling by Present Court
The learned Advocate for the Appellant has meticulously taken us through the entire documentary and oral evidence and commented at length upon the various contradictions and incongruities in the case of the prosecution with a view to establishing that when the Appellant took possession of the land there was no crop standing on it-that tile possession of the land 'was in fact delivered to Telu Ram, Contractor on 10-1-1963; that the said Contractor had admitted 'that possession of the entire land was received by him; that he carried on the construction work in extending the Aerodrome; that 200/250 donkeys were also used for doing the work by reason of which the crop was damaged before Tehsildar had put the Appellant in possession of the land and as a matter of fact there was no crop thereon when he got the possession of the land
Semantic role: Argument
Under 5(1)(c)-A Public servant is said to commit the offence of misconduct in the discharge of his duty if he dishonestly or fraudulently misappropriates or otherwise converts for' his own use any property entrusted to him or under his control as a public servant or allows any other person so to do, and under (d) if he by corrupt or illegal means or by otherwise abusing his position as a public servant, obtains for himself or for any other person any valuable thing or pecuniary advantage
Semantic role: Statute
It would be seen therefore that under Section 5(1)(c) a public servant will be said to commit the offence of misconduct in hi& duties if he dishonestly allows any other persons to convert to his own use property Which is entrusted to the said public servant The facts which have been set out in the order granting the sanction certainly are sufficient to indicate that the authorities granting the sanction had the offence under Section 5(1)(c) also in their contemplation
Semantic role: Ratio of the decision
We should have thought this Was an obvious conclusion but the learned Advocate for the Appellant strenuously contended that the charge against the Appellant was of a motiveless offenceand in any case the facts as disclosed show that not only at thetime when the First Information Report was given but even at the time when sanction was accorded that the prosecution wag merely concerned with the charge that the appellant bad allowed the crops to be cut on the condition that Rs. 2500 will be paid and received the money and misappropriated or converted it tohis own use by not paying it into the Govt
Semantic role: Ratio of the decision
Gokulchand Dwarkadas's case also is of no assistance to the appellant because in that case the sanction did not disclose the facts on which it was given but merely sanctioned the prosecution for a breach of certain provisions, Sir John Beamont delivering the Judgement of the Judicial Committee, observed at page 84: "But if the facts constituting the offence charged are not shown on the face of the sanction, the prosecution must prove by extraneous evidence that those, facts were placed before the sanctioning authority
Semantic role: Precedent
The prosecution for offence under S. 5(1)(d) therefore is not barred because the proceedings are not without previous sanction which was validly given for the offence of receiving a bribe from Pal Singh, but the offence of habitually receiving illegal gratification could not be taken cognizance of and the prosecution and trial for that offence was void for want-of sanction which is a condition precedent for the Courts taking cognizance of the offence alleged to be committed and therefore the High Court has rightly set aside the conviction for that offence
Semantic role: Precedent
Now on the merits of the case as we said earlier the learned Advocate for the appellant has referred to the evidence in meticulous detail and has commented thereon, at length but this Court ordinarily does not reappropriation the evidence with a view to arriving at its own finding as if it was a Court of fact and does not ordinarily upset the findings of the High Court which has on an evaluation of the evidence affirmed the trial court's conviction and sentence
Semantic role: Ratio of the decision
P. 2 is a certified copy by the Tehsildar dated 18-9-63 which shows that as per the Girdawari on 20-3-63 crops were standing on the lands in the village Ahmedpur acquired by the Military authorities for Sirsa 3 Airfield construction, the details of which were that the total land acquired for Airfield 49 acres, the land on which crops were standing in good condition 23 acres and the land on which crops were standing in damaged condition 7 acres and uncultivated land 19 acres
Semantic role: Ratio of the decision
On' a careful consideration of the evidence both oral and documentary it is established that the Appellant who was in charge of the expansion work on the air-strip was given possession of the land acquired for that purpose on 13-2-63, that there was standing thereon, a bumper crop of Sarson, gram and Lusan on that day, that he was therefore entrusted with this crop, that he postponed giving delivery of the land to the contractor till, at any rate after the 23rd March, 1963 and before the 6th April, 1963 and that he allowed the crop to be cut and taken away without in any way accounting for it which shows that it was done dishonestly and raudulently
Semantic role: Ruling by Present Court
M.K.Verma who forwarded the F.I.R.before Zonal Engineer,who ordered to issue notice under Section 343/344 of the Delhi Municipal Corporation Act,1957 (for short the "DMC Act").Subsequently,the second respondent along with Kuldeep Singh were prosecuted for commission of offences under Sections 332 and 461 of the DMC Act before the designated Municipal Court
Semantic role: Facts
Learned senior counsel appearing for the contesting respondent submitted that the order of the High Court does not require any reconsideration by this Court and that the High Court while extending the benefit of POB Act had clearly recorded in the order that the counsel for the State of Delhi is not averse to the grant of benefit of probation to the answering respondent and,therefore,the requirement under Section 4(2) of the POB Act has been waived off by the State and that the High Court took into consideration the fact that the answering respondent has faced the agony of trial for over 12 years and has also undergone some period in custody and while maintaining the conviction of the answering respondent,the benefit of probation was extended to him
Semantic role: Argument
Learned senior counsel appearing for the second respondent submitted that in S.T.No.202 of 1997,a judgment was given by the Metropolitan Magistrate on 10.9.2002 and the respondent filed an appeal No.374 of 2002 before the Court of Sessions,Patiala House,New Delhi challenging the said order of conviction and in that appeal,the Court of Additional Sessions Judge,Patiala House,suspended the sentence during the pendency of the appeal upon furnishing a personal bond for a sum of Rs.25,000 with one surety of the like amount to the satisfaction of the trial Court
Semantic role: Argument
Concluding his arguments,he submitted that the respondent has been released after compliance of the order passed by the High Court by furnishing the bone of good conduct and security to the satisfaction of the Additional Court of Metropolitan Magistrate,Delhi and there is no report of any misconduct or breach of the bond of good conduct by the answering respondent since the date of the order of the High Court,therefore,the order of the High Court is not liable to be interfered with
Semantic role: Argument
1.When any person is found guilty of having committed an offence not punishable with death or imprisonment for life and the court by which the person is found guilty is of opinion that,having record to the circumstances of the case including the nature of the offence and the character of the offender,it is expedient to release him on probation of good conduct,then,notwithstanding anything contained in any other law for the time being in force,the court may,instead of sentencing him at once to any punishment direct that he be released on his entering into a bond,with or without sureties,to appear and receive sentence when called upon during such period,not exceeding three years,as the court may direct,and in the meantime to keep the peace and be of good behaviour: Provided that the court shall no direct such release of an offender unless it is satisfied that the offender or his surety,if any,has a fixed place of abode or regular occupation in the place over which the court exercises jurisdiction or in which the offender is likely to live during the period for which he enters into the bond
Semantic role: Statute
In the said case,the accused has been convicted under Sections 332/461 of the DMC Act and sentenced to six months simple imprisonment with fine of Rs.5000.In our view,there was no good reason for letting the respondent off by granting to him the said benefit of POB Act particularly,keeping in view the large scale irregularity and unauthorized constructions carried by the builders in Delhi despite strict direction of the Municipal authorities and despite of the Courts passing various orders from time to time against the unauthorized construction
Semantic role: Ratio of the decision
It is true that the High Court,while exercising its revisional power under Section 121A of the Act,had set aside the concurrent findings of fact of the Land Tribunal as well as of the appellate authority,even then,examining the findings of the High Court and considering the power conferred on it in the revisional jurisdiction under Section 121A of the Act,we do not find any reason to interfere with the impugned order of the High Court in the exercise of our power u/art.136 of the Constitution
Semantic role: Ratio of the decision
While setting aside the findings of the Tribunal,the High Court,at paragraph 7 of the impugned judgment made the following findings: "It is an undisputed fact that the revision petitioner has mortgaged the land in dispute in favour of the 5th respondent,Rajashankar in the year 1968 and after the expiry of the mortgage period,since the 5th respondent failed to deliver back the possession of the land in dispute to him,he filed the suit for redemption and obtained a decree for redemption
Semantic role: Facts
When the matter stood thus,the father of the respondent Nos.3 and 4 Gondappa,who is the uncle of the 5th respondent,Rajashankar,filed Form No.7 before the Land Tribunal claiming occupancy rights in respect of the land in dispute contending that he is the tenant of the said land,under the 5th respondent from the year 1968,i.e.subsequent to the date of mortgage
Semantic role: Facts
Again,the High Court,while setting aside the findings of fact also made the following findings: "But in the instant case,since the respondents 3 and 4 failed to produce any evidence to show that their father was cultivating the land in dispute as a tenant under the 5th respondent mortgagee and even when the entries in the R.T.C.extract produced do not support the claim of tenancy set up by the father of the respondents 3 and 4,the question of drawing presumption of deemed tenancy in his favour under S.4 of the Act does not arise
Semantic role: Facts
It is also significant to note that the respondent No.5,who was alive when the enquiry was pending before the Land Tribunal has not given evidence in favour of the respondents 3 and 4 stating that he has leased out the land in dispute in favour of the respondents 3 and 4.Except the interested testimony of respondents 3 and 4,there is nothing else on record to show that their father was inducted as a tenant to cultivate the land in dispute by the 5th respondent after the land is dispute was taken on mortgage by him
Semantic role: Facts
The power conferred on the High Court to revise the orders of the tribunals below has been provided in Section 121A of the Act,which runs as under: "The High Court may at any time call for the records of any order or proceeding recorded by the Appellate authority under this Act or any other law for the purpose of satisfying itself as to the legality of such order or as to the regularity of such proceeding and may pass such order with respect thereto as it thinks fit
Semantic role: Statute
From a plain reading of Section 121A of the Act,under which revisional jurisdiction can be exercised,it would be clear that the High Court,while exercising such power is entitled to re-appreciate the evidence when it finds that the conclusion arrived at by the appellate authority runs contrary to the materials on record and when it finds that there is no evidence to support the conclusion of the appellate authority or when it finds that the reasons given by the appellate authority are absolutely perverse and cannot be supported by the evidence on record
Semantic role: Ratio of the decision
We have carefully examined the provisions under Section 121A of the Act,which is the revisional power under the Act,and also the provisions u/s.115 of the Code of Civil Procedure (for short "the Code").So far as S.115 of the Code is concerned,it has been made clear that it is only in case of a jurisdictional error or when the courts below had acted with material irregularity in the exercise of their jurisdiction that the question of interfering with such an order can arise,otherwise,the High Court is not entitled to interfere with any other order which does not satisfy the conditions laid down for interference u/s.115 of the Code
Semantic role: Ratio of the decision
On the other hand,in our view,under Section 121A of the Act,it would be open to the High Court to interfere with the orders of the tribunals below as the High Court is empowered to look into the legality of the order or regularity of the proceedings although,in the exercise of revisional jurisdiction u/s.115 of the Code,the High Court is not entitled to look into the legality of the order or the regularity of the proceedings but only entitled to interfere with the orders of the Tribunals or the courts below when it finds that they have a) exercised a jurisdiction not vested in them by law,or b) failed to exercise a jurisdiction so vested,or c) acted in the exercise of their jurisdiction illegally or with material irregularity
Semantic role: Ratio of the decision