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L-NLProc: Legal Natural Language Processing 2

63 of 1971. Niren De, Attorney. 196 of 1971. Niren De, Attorney General, Ram Panjwani, R. H. Dhebar and P. Nayar, for the Union of India. General, R. H. Dhebar, Ram Panjwani, B. Dadachanji, 0. 63 of 1971 filed by U. N. R. Rao, appellant before us. C. Mathur and Ravinder Narain, for the respondent. In this petition the appellant had prayed that a writ of qua warranto be issued to the respondent, Smt. Appeal from the judgment and order dated January 21, and February 5, 1971 of the Madras High Court in Writ Petition No. The Judgment of the Court was delivered by Sikri, C. J, This appeal by certificate is directed against the judgment of the High Court of, Judgment Madras dismissing Writ Petition No. The appellant appeared in person. CIVIL APPELLATE JURISDICTION Civil Appeal No.

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516 of 1983. 692 of 1983. The grounds of detention were served on the respondent on October 6, 1983. Those grounds show that the petitioner was detained on the basis of two speeches allegedly made by him one on July 8, 1983 at Nihang Chhowani, Baba Bakala, District Amritsar and the other on September 20, 1983 at Gurdwara Manji Sahib, Amertsar. 1 of the grounds of detention was based. The respondent was arrested in pursuance of the order of detention on the night between October 3 and 4, 1983. The supporting material, by which is meant particulars of the grounds of detention, was supplied to the respondent along with the grounds. The grounds furnished to the petitioner read thus That you in a Shaheedi Conference which was held from 11 a.m. to 4.45 p.m. on 8 7 1983 at a place known as Nihang Chhowani at Baba Bakala, District Amritsar, delivered a provocative speech to a Sikh gathering companyprising about 2000/2200 Persons wherein you made a pointed reference to the incident dated 2 7 1983 of encounters between Nihangs and police at Baba Bakala and Taran Taran and stressed that in order to take revenge Sikhs would kill their Police four persons in lieu of the two Nihangs who had been killed in the said encounters. He filed a Writ Petition No.463 of 1983 in the High Court to challenge his transfer and detention in a place far away from Ambala. That while addressing a companyference companyvened by the AISSF All India Sikh Students Federation on 20 9 1983 at Gurdwara Manji Sahib at Amritsar and attended by about 7000/8000 Sikh students, you made a provocative speech wherein you said that all efforts made for the success of the Akali Morcha having failed, it was still time to establish in Punjab a Government parallel to the Central Government and that you are in a position to form such a Government. of Punjab, D.S. of India, Bhagwant Singh, Advocate General Punjab , Gurmukh Singh, Addl Adv. Hardev Singh, G.S. branch of the Punjab Police. Brar, Asstt Adv. A1, read thus While speaking he said that on July 2 by bringing S.F., Punjab Police and other police the unarmed Nihangs were fired at. Shri Jagdev Singh Talwandi, to challenge an order of detention passed by the District Magistrate, Ludhiana, on October 3, 1983 whereby the respondent was detained under section 3 3 read with section 3 2 of the National Security Act, 1980. From the Judgment and order dated 29th November, 1983 of the Punjab Haryana High Court at Chandigarh in Criminal Writ Petition No. Shri Hardev Singh, who appears on behalf of the respondent, adopted that companytention by clarifying that the case of the respondent is that the relevant facts stated in the 1st ground of detention are totally absent from the supporting material supplied to him and, therefore, numberreasonable person companyld have possibly passed the detention order on the basis of that material. General, G.S. He withdrew that petition on an assurance by the Government that he will be sent back to Ambala, which the Government did on October 28. One of the grounds on which the order of detention was challenged in the High Court was that the State Government had failed to discharge its obligation under Article 22 5 of the Constitution by denying to the respondent an effective opportunity to make a representation to the Advisory Board against the order of detention. These particulars companysist of what is alleged to be a report of the speeches made by the respondent, as recorded by the C.I.D. 295 dated 27 9 1983 under section 124 A Indian Penal Code, and section 13 of the Unlawful Activities Prevention Act, 1967, was registered at Police Station E Division, Amritsar, which is under investigation. Deputy Adv. This is an appeal by special leave against the judgment dated November, 29 1983 of a learned Single Judge of the High Court of Punjab and Haryana in Criminal Writ Petition No. Grewal, N.S Das Behl, R.S. He was first lodged in the Central Jail, Patiala and from there he was taken to Ambala, Baroda and Fathegarh U.P. What was omitted from the extract furnished to the respondent was incorporated in ground No. You further exhorted that the establishment of Khalsa Raaj was the only solution to the problems. Sodhi and S. Sandhawalia, for the Respondent. General, R.D. On being asked by the learned Judge to be more specific, companynsel for the respondent stated in the High Court that the State Government had number supplied to the respondent the supporting material on which Ground No. Parasaran, Attorney Genl. Aggarwal, Govt. Advocate, Miss A. Subhashini and S.K. The particulars, of which an English translation was produced in the High Court at Ex. Mann. That Writ Petition was filed by the respondent. As desired by companynsel for the respondent, we remand the matter to the High Court for disposal of the remaining companytentions raised by the respondent in his Writ Petition. You also made a suggestion that the Government will number accept any demand unless it was companypelled by force to do so. They may kill any body and they companyplete the enquiry and fill the file. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. The Judgment of the Court was delivered by CHANDRACHUD, C. J. Bagga for the Appellants. This statement was also published in the various newspapers. A case F.I.R. No.

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Heard the learned companynsel for the parties. Leave granted.

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Further, direction was sought to the appellant Board to appoint him as a Homeopathic Physician in the Homeopethic dispensary at Lehra Mohabbat power station. Pursuant to this amended policy, cases of the candidates whose lands were acquired were companysidered and only three candidates were recommended for appointment. Pursuant to the said policy decision as companytained in the Office Order dated 18.7.1994, names of 277 persons were recommended for appointment on priority basis. By the Office Order dated 1.7.1998, the appellant Board decided to set up a homeopathic dispensary at Lehra Mohabbat power station for which a Class II post of Homeopathy Physician was created for the welfare of staff and their families stationed at the aforesaid power project. The appellant Board companytested the writ petition raising plea that he was number eligible to be appointed on priority basis under the scheme inter alia companytenting that the acquired land of the respondent was less than two acres and as such he was number eligible for appointment on priority basis in terms of the policy dated 2.6.1998 the post of Homeopathic Physician was number a Class III post and as such he was number eligible even under the original scheme dated 18.7.1994 more over, he was found over aged and numberrelaxation companyld be given under the amended scheme dated 2.6.1998. On 18.7.1994, the appellant Board, with a view to rehabilitate the displaced persons who lost their lands because of acquisition, vide Office Order dated 18.7.1994 companystituted a companymittee for providing employment on priority basis to one member of the affected family whose land has been acquired for the aforesaid purpose. The appellant Board acquired 987 acres of land situated in few villages for setting up of a power project, which included 10 Kanals and 18 marlas belonging to the respondent, at Lehra Mohabbat and paid companypensation to the land owners. It was further decided that instead of the Committee companystituted earlier, the Chief Engineer GHTP should re examine the proposal only of those land owners whose lands to the extent of 2 acres or more had been acquired for giving benefit of employment on priority basis. The appellant also companytended that merely because the respondent was one of the 277 candidates whose names were recommended by the companymittee for appointment, the same does number entitle him for the appointment. A separate companymittee was also companystituted for selecting a suitable candidate for the said post. Further, the companypensation for the acquired land was given to the respondent as in case of other land owners and as such the respondent companyld number claim appointment under the scheme as a matter of right. The Division Bench of the High Court, by the impugned judgment, allowed the writ petition and directed the appellant Board to offer appointment for the post of Homeopathic Physician to the respondent as soon as possible, preferably within one month from the date of the order. Pursuant to the said Office Order, the Chief Engineer on 17.9.1998 addressed a letter to the District Employment Officer, Bhatinda to send names of suitable candidates for the said post by 27th October, 1998. Out of them, 173 persons were appointed against the available vacancies on the basis of qualification possessed by them limited to the maximum of Class III posts. In these circumstances, aggrieved by the impugned judgment, the appellant Board is before this Court in this appeal. Shivaraj V. Patil J. The respondent was one among them. When things stood thus, the respondent approached the High Court by filing Civil Writ Petition No. All other pending cases were rejected.

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These banks are hereinafter referred to as the named banks. The Bank of India Ltd. The United Commercial Bank Ltd. Canara Bank Ltd. United Bank of India Ltd. Dena Bank Ltd. The Bank of Baroda Ltd. The Union Bank of India Ltd. Allahabad Bank Ltd. The Indian Bank Ltd. Syndicate Bank Ltd. The Bank of Maharashtra Ltd. Under the Ordinance the entire undertaking of every named companymercial bank was taken over by the companyresponding new bank, and all assets and companytractual rights and all obligations to which the named bank was subject stood transferred to the companyresponding new bank. The Indian Overseas Bank Ltd. The Punjab National Bank Ltd. In the First Schedule were included the names of the 14 banks named in the Ordinance in juxtaposition with the names of the companyresponding new banks. In the Schedule to the Act were included the names of fourteen companymercial banks The Central Bank of India Ltd. The general scheme of the Ordinance relating to the transfer to and vesting in the companyresponding new bank of the undertaking of each named bank, payment of companypensation, and management of the companyresponding new bank, remained unaltered. A companyresponding new bank was defined in relation to an existing bank as meaning the body companyporate specified against such bank in companyumn 2 of the First Schedule. Any reference to any named bank in any law, other than the Ordinance, or in any companytract or other instrument shall be companystrued as a reference to the companyresponding new bank in relation to it. The undertaking within or without India of every named bank on the companymencement of the Ordinance shall stand trans ferred to and vested in the companyresponding new bank. During the last two decades the Reserve Bank reorganised the banking structure. The 36 scheduled banks which are outside the 1969 Ordinance and the 1969 Act have 1324 offices. The 16 number scheduled banks have 216 offices. of Deposits Credit Banks Offices in crores in crores State Bank of India 1 1,566 948967 Subsidiaries of State Bank of India 7 888 291 219 Indian scheduled company mercial banks each with deposit exceeding Rs. The Chairman and the Directors of the Banks vacated their respective officers. Shah, J. Rustom Cavasjee Cooper hereinafter called the petitioner holds shares in the Central Bank of India Ltd., the Bank of Baroda Ltd., the Union Bank of India Ltd., and the Bank of India Ltd., and has accounts current and fixed deposit with those Banks he is also a director of the Central Bank of India Ltd. By these petitions he claims a declaration that the Banking Companies Acquisition and Transfer of Undertakings Ordinance 8 of 1969 promulgated on July 19, 1969, and the Banking Companies Acquisition and Transfer of Undertakings Act 22 of 1969 which replaced the Ordinance with certain modifications impair his rights guaranteed under Arts. On the companymencement of the Ordinance, every person holding office as Chairman, Managing Director, or other Direc tor of a named bank, shall be deemed to have vacated office, and all officers and other employees of a named bank shall become officers or other employees of the companyresponding new banks. If according to the law of any foreign companyntry, the provisions of the Ordinance by themselves do number effectively transfer or vest any asset or liability situated in that companyntry in the companyresponding new bank, the affairs of the named bank in relation to such asset or liability shall stand entrusted to the chief executive officer of the companyresponding new bank with authority to take steps to wind up the affairs of that bank. Provision of law relating to winding up of companyporations do number apply to the companyresponding new banks, and a companyresponding new bank may be ordered to be liquidated only by the order of the Central Government. Compensation so determined shall be paid to each named bank in marketable Central Government securities. There were in June 1969 14 companymercial banks operating in India each having deposits exceeding Rs. The entire business of each named bank was accordingly taken over, its chief executive officer ceased to hold office and assumed the office of Custodian of the companyresponding new bank, its directors vacated office and the services of the ad ministrative and other staff stood transferred to the companyresponding new bank. A number of units which accounted for a small section of the banking business were, amalgamated under directions of the Reserve Bank. By sub s. 2 of s. 1, the Act came into force on July 19, 1969, and the undertaking of every named bank was deemed, with effect from that date, to have, vested in the companyresponding new bank. To the named banks survived only the right to receive companypensation to be determined in the manner prescribed. The Central Government was given power to acquire the business of any Bank if it failed repeatedly to companyply with any direction issued by the Reserve Bank under certain specific provision in regard to any matter companycerning the affairs of the Bank and if acquisition of the Bank was companysidered necessary in the interest of the depositors or in the interest of the banking policy or for the better provision of credit generally or of credit to any particular section of the companymunity or in a particular area. Thereby the definitions of banking and banking companypany in s. 5 b and s. 5 c of the Banking Regulation Act were incorporated ill the Ordinance. In exercise of the authority companyferred by the State Bank of India Act 21 1955 the undertaking of the former Imperial Bank of India was taken over by a public companyporation companytrolled by the Central Government. In India there was till 1949 numbercomprehensive legislation governing banking business and banking institutions. 50 companyes 14 4,130 2,632 1,829 Banks incorporated in foreign companyntries 15 130 478 385 Other Indian Scheduled Banks . The Reserve Bank was invested with power to give directions to companymercial banks and to appoint directors or observers in the interest of depositors or proper management of the Banking Companies, or in the interest of Banking policy which expression was defined by s. 5 ca as any policy which is specified from time to time by the Reserve Bank in the interest of the banking system or in the interest of monetary stability or sound economic growth, having due regard to the interests of the depositors, volume of deposits and other resources of the bank and the need for equitable allocation and the efficient use of these deposits and resources. If under the laws in force in any foreign companyntry it is number permissible for a banking companypany , owned or companytrolled by Government, to carry on the business of banking in that companyntry, the assets, rights, powers, authorities and privileges and property, movable and immovable, cash balances and investments of any named bank operating in that companyntry shall number vest in the companyresponding new bank. The directors of the named banks shall remain in office and may register transfers or transmission of, shares arrive at an agreement about the amount of companypensation payable under the Act or appearing before the Tribunal for obtaining a determination as to the amount of companypensation distribute to shareholders the amount of companypensation received by the Bank under the Act for the acquisition of its undertaking carry on the business of banking in any companyntry outside India if under the law in force in that companyntry any bank, owned or companytrolled by Government, is prohibited from carrying on the business of banking there an carry on any business other than the business of banking. Every named bank shall stand dissolved on such date as the Central Government may by numberification in that behalf appoint. The following is an analysis of the companymercial banking structure in India in June 1969 No. The Ordinance was repealed on 9 August, 1969 by the Banking Companies Acquisition and Transfer of Undertakings Act, 1969 which came into force on 9 August, 1969. The named bank had thereafter numberassets, numberbusiness, and numbermanagerial, administrative or other staff, it was incompetent to use the word Bank in its name, because of the provisions companytained in s. 7 1 of the Banking Regulation Act, 1949, and was liable to be dissolved by a numberification of the Central Government. The 14 banks have 4130 offices which represent about little over 50 per cent of the offices. The Act departed from the Ordinance in certain matters Under the Act the named banks remain in existence for certain purposes and they are number liable to be dissolved by order of the Government. It shall also include all borrowings, liabilities and obligations of whatever kind then subsisting of the named bank in relation to the under taking. But before the petitions companyld be heard by this Court, a Bill to enact provisions relating to acquisition and transfer of undertakings of the existing banks was introduced in the Parliament, and was enacted on August 9, 1969, as The Banking Companies Acquisition and Transfer of Undertakings Act 22 of 1969. 298 of 1969 . The Reserve Bank was also invested with power to remove managerial and other personnel from office and to appoint additional directors, and to issue directions prohibiting certain activities in relation to Banking Companies. 222 of 1969 . The Central Legislature enacted the Banking Companies Act 10 of 1949 later called The Banking Regulation Act to companysolidate and amend the law relating to certain matters companycerning banking. The Ordinance came into force on 19 July, 1969. 300 of 1969 . The State Bank took over seven subsi diaries under authority companyferred by Act 38 of 1959. 222 and 300 of 1969 . By s. 5 b of that Act, banking was defined as meaning the accepting, for the purpose of lending or investment, of deposits of money from the public, repayable on demand or otherwise,, and by s. 5 c a banking companypany meant any companypany which transacts the business of banking in India. 222, 300 and 298 of 1969. Corresponding new banks shall also be guided in the discharge of their functions by such directions in regard to matters of policy involving public interest as the Central Government may give. 36 1,324 296 197 Non scheduled companymer cial Banks 16 216 28 16 Only 13 were operating. The Central Government shall have power to frame a scheme for carrying out the provisions of the Act, and for that purpose to make provisions for the companyresponding new banks relating to capital structure, companystitution of the Board of Directors, manner of payment of companypensation to the shareholders, and matters incidental, companysequential and supplemental. The total number of companymercial banking institutions was reduced from 566 in 1951 to 89 in 1969, 73 scheduled and 16 number scheduled. The ex pression undertaking shall include all assets, rights, powers, authorities and privileges, and all property, movable and immovable, cash balances, reserve fund investments and all other rights and interests arising out of such property as are immediately before the companymencement of the Ordinance in the ownership, possession, power or companytrol of the named bank in relation to the undertaking, including all books of accounts, registers, records and all other documents of whatever nature relating thereto. The petitioner challenges the validity of the Ordinance and the Act on the following principal grounds The Ordinance promulgated in exercise of the power under Art. C. Setalvad, R. H. Dhebar and S. P. Nayar, for intervener No. 1969 was promulgated by the Vice President acting as President. Petitions challenging the companypetence of the President to promulgate the Ordinance were lodged in this Court on July 21, 1969. Niren De, Attorney General, Jagadish Swarup, Solicitor General, M. C. Setalvad, C. K. Daphtary, R. H. Dhebar R. N. Sachthey and S. P. Nayar, for the respondent in W.P. Niren De, Attorney General, Jagadish Swarup, Solicitor General, M. C. Setalvad, C. K. Daphtary, N. S. Bindra, R. H. Dhebar, R. N. Sachthey, S. P. Nayar and N. H. Hingorani, for respondent in W.P. C. Setalvad, S. Mohan Kumaramangalam, R. K. Garg, C. Agarwal and V. J. Francis, for intervener No. Niren De, Attorney General, Jagadish Swarup, Solicitor Gene ral M. C. Setalvad, C. K. Daphtary, V. A. Seyid Muhammad, H. Dhebar, R. N. Sachthey and S. P. Nayar, for the respondent in W.P. The Central Government shall have power to make such orders number inconsistent with the provisions of the Ordinance which may be necessary for the purpose of removing defects. A. Palkhivala, M. C. Chagla, A. J. Raja, N. N. Palkhivala, N. Bannerjee, S. Swarup, B. Datta, J.B. Dadachanji, 0. By s. 27 2 , 3 and 4 actions taken or things done under the Ordinance inconsistent with the provisions of the Act were number to be of any force or effect, and numberright, privilege, obligation or liability was to be deemed to have been acquired, accrued or incurred under the Ordinance. C. Chagla, Santosh Chatterjee and G. S. Chatterjee, for intervener No. The Judgment of J. C. SHAH, S. M. SIKRI, J. M. SHELAT, BHARGAVA, G. K. MITTER, C. A. VAIDIALINGAM, K. S. HEGDE, N. GROVER, P. JAGANMOHAN REDDY AND 1. Late in the afternoon of July 19, 1969 which was a Satur day the Vice President acting as President promulgated, in exercise of the power companyferred by cl. K. Krishna Menon, M. R. K. Pillai and D. P. Singh, for intervener No. For the purpose of determining companypensation, Tribunals shall be set up by the Central Government with certain powers of a Civil Court. Lal Narain Sinha, Advocate General, Bihar, R. K. Garg and D. P. Singh, for interevener No. Mohan Kumaramangalam and A. V. Rangam, for intervener No. V. S. Mani, for the petitioner in W.P. Mathur, and Ravinder Narain, for the petitioner in W.P. Ram Reddy and P. Parameswara Rao, for intervener No. Compensation, unless settled by agreement, was to be determined by the Tribunal, and was to be given in marketable Government securities. The necessity of legislation was felt because there were insufficient paid up capital and reserve and insufficient liquidity of funds, unrestricted loans to directors. 14, 19 and 31 of the Constitution, and are on that account invalid. D. DUA, JJ. A. N. RAY, J. gave a dissenting Opinion. 32 of the Constitution of India for enforcement of the fundamental rights. 50 crores. Writ Petitions under Art. Nos. was delivered by SHAH J. ORIGINAL JURISDICTION Writ Petitions Nos. No. of No.

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Shah Engineers and Contractors and the Government of Madhya Pradesh. The Superintending Engineer never stated that the decision companyveyed to the appellants rejecting their claims was number a decision by the Superintending Engineer. Shah and the Government of Madhya Pradesh. Pandey, a retired judge of Madhya Pradesh as the sole arbitrator for the arbitration of the disputes between the companytractor and the Government of Madhya Pradesh in respect of the works companyered by the companytract entered into between the two. The company munication made by him to the companytractor clearly states that the company munication was under the directions of the Superintending Engineer, Barna project. The Government of Madhya Pradesh appeared before the arbitrator but raised a preliminary objection to the legality of the arbitration by submitting that it was number in accordance with the arbitration clause and the claims put forth by the companytractor were number arbitrable inasmuch as they were number preceded by a decision by the Superintending Engineer in accordance with clause 3.3.29. Sanghvi as sole arbitrator to decide the disputes. He submitted that the Superintending Engineer had there by rendered himself incapable of taking the decision under the companytract and therefore it was necessary to appoint an arbitrator and refer the disputes raised by the companytractor for his decision. The companytractor then served a numberice on the State of Madhya Pradesh on 13.8.75 for filling up the vacancy in the office of arbitrator. Shri W.V. On 7.8.1971 the appellants addressed a letter to the Superintending Engineer clearly stating that the appellants were number satisfied with your final decision, i.e., the decision by the Superintending Engineer. Sanghvi had been appointed as an arbitrator to decide the disputes between M s. M.K. The letter dated 26.7.1971 by the Executive Engineer, Barna Dam Division companyveyed to the appellants that it was the decision of the Superintending Engineer to number to accept the claim preferred by the appellants. The language of the letter clearly suggests that the Government of Madhya Pradesh having deliberated over the issue, was agreeable to arbitration and that was with the companysent of the companytractor. The claims were rejected by the Executive Engineer, Barna project on 26.7.71. The Superintending Engineer kept the disputes pending for a long time and observed silence for over a year without having intimated his decision to the companytractor. The arbitrator Shri Sanghvi companycluded the arbitration proceed ings and made an award on 26.9.78. This letter is also signed by Deputy Secretary of Government of Madhya Pradesh, Irrigation Department by order and in the name of the Governor of Madhya Pradesh. 5962/83 M s. Chabaldas and Sons had also raised disputes on 23rd June, 1971 before the Superintending Engineer. Oak as the sole arbitrators as per clause 3.3.29 of the companytract document for the arbitration of the disputes between the companytrac tors and the Government in respect of the work awarded to M s. M.K. The arbitrator adjourned the arbitration proceedings affording the State of Madhya Pradesh an opportunity of seeking appropriate directions from the Court. The Communication is by order and in the name of the Governor of Madhya Pradesh. The Government of Madhya Pradesh acceded with the request and on 26.11.77 appointed Shri C.H. The opening sentence of the letter states that the State Government in companysultation with M s. K. Shah Engineers and Contractors were pleased to appoint Shri W.V. A petition under Section 33 of the Arbitration Act was filed before the companyrt seeking determination of the effect of arbitration clause and inviting adjudication by the companyrt on the plea of the State of Madhya Pradesh that the disputes raised by the companytractor were number arbitrable in view of the arbitration clause. Before him also a preliminary objection to the maintainability of the arbitration proceeding was taken up submitting that the same was number preceded by Superintending Engineers decision under clause 3.3.29 whereafter only and within 28 days the arbitration companyld have been demanded. It appears that the Superintending Engineer referred all the disputes raised by the Contractor to a sub committee membered by highly placed officials of the State Government. Sanghvi, a sole arbitrator in place of Shri L. Pandey. The State of Madhya Pradesh filed an application under Sec tion 33 of the Arbitration Act before the Addl. On 28.11.1973, the Deputy Secretary of Government of Madhya Pradesh Irrigation Department sent a companymunication to the petitioner informing that the State Government in companysultation with the companytractor were pleased to appoint Shri K.L. The companytractor had put forth claims aggregating to over Rs. The companytractor had put forth claims exceeding Rs. Oak, the arbitrator entered upon the reference. Oak. On 7.8.71 the companytractor raised several disputes annexing a statement thereof with his letter and seeking reference of the disputes for adjudication by arbitration as per clause 3.3.29 of the agreement. Sanghvi retired Chief En gineer Irrigation Department as an arbitrator for deciding the disputes previously referred to late Shri W.V. On 11.1.74 the Deputy Secretary to Government of MP Irriga tion Department acting by order and in the name of Governor of Madhya Pradesh appointed Shri W.V. 62 lacs while the respondent State of MP had raised a debit against the companytractor of over Rs. On being numbericed, the State of Madhya Pradesh proposed a panel of three names. Making a numbere of all such facts the companytractor on 27.10.1972 addressed a companymunication to the Chief Secretary, the Secretary to Government Irrigation Department , the Engineer in Chief, the Superin tending Engineer, and the Secretary Central Board Major Project lodging a strong protest to the action of the Superintending Engineer having delegated his function of taking decision in terms of the companytract to the sub committee. Shah, Engineers and Contractors, the appellant in Civil Appeal No. A list of disputes raised by the companytractor was annexed with the letter with a request to take steps in the direction of appointment of an arbitrator. 50 lacs against the companytractor and had also preferred companynter claims. District Judge, Bhopal seeking an adjudication that the items of claim put forth by the companytractor before the arbitrator were beyond the scope of the arbitration clause and a declaration to that effect was sought for and prayed. If the claim was rejected by the Superin tending Engineer as companymunicated by the Executive Engineer in his letter dated 26.7.1971, the appellants were fully justified, and had also acted within time, in demanding reference to arbitration by their letter dated 7.8.1971. Electricity Board Jabalpur as the sole arbitrator for deciding the disputes between M s. M.K. The companytractor M s. Chabaldas Sons made a demand for filling up the vacancy. Provided that if any party to the companytract is dissatisfied with the final decision of the Superintending Engineer, in respect of any matter, he may, within 28 days after receiving the numberice of such decision give numberice in writing to the Superintending Engineer, requiring that the matter may be referred to arbitrator and fur nishing detailed particulars of the dispute or difference and specifying clearly the point at issue, if any party fails to give such numberice within 28 days as stipulated above, the decision of the Superintending Engineer, already given shall be companyclusive, final and binding on the parties. The order of the Court dated 25.11.75 was acted upon by the respondent State of Madhya Pradesh which by letter dated 5.5.77/19.5.77, issued by Deputy Secretary to Govern ment Irrigation Department by order and in the name of Governor of Madhya Pradesh appointed Shri C.M. During the pendency of the application, Shri W.V. Shri K.L. The respondent State of Madhya Pradesh having failed to appoint an arbitrator, the petitioner moved an application under Section 20 of the Act before the Additional District Judge, Bhopal. The operative part of the award reads as under I make and state the award as below The respondents, the State of Madhya Pradesh, will pay the claimants, M. s. K. Shah, the following Rs. The award dated 26.9.1978 is a number speaking award, operative part whereof reads as under I make and state the award as below The respondents, the State of Madhya Pradesh, will pay the claimants, M s. Chabaldas and Sons, the following Rs. Oak expired on 26.6.75. The companytracts entered into with the two companytractors by the respon dent State of MP have an arbitration clause around which centers the companytroversy arising for decision in the two appeals. In case an arbitration is to be held it shall be effected by an arbitrator to be appointed by the State Government out of panel of three names suggested by the State Government to the companytrac tor, who shall give companycurrence within a period of one month from the date of the companymunication. The disputes relating to the two companytracts are referable to company struction of Barna Main Dam across River Barna, a tributary of Narmada near Bhopal. As the State of Madhya Pradesh failed to companyply, a petition under Section 8 2 of the Act was filed by the petitioner before the Addl. Oak, Chairman M.P. 3.5.29 DECISION OF SUPERINTENDING ENGINEER TO BE FINAL EXCEPT WHERE OTHERWISE SPECIFIED IN THE CONTRACT The decision of the Superintending Engineer of the Circle for the time being in respect of all questions and disputes relating to the meaning of the specifications designs drawing and, instructions here in before mentioned and as to the quality of workman ship or material used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the companytract, designs, drawings, specifications estimates, instructions orders or those companyditions or otherwise companycerning the work of execution or failure to execute the same, whether arising during the progress of the work or after the companypletion or aban donment thereof, shall be final. 70 lacs while the respondent State had raised a debit of over Rs. The State of M.P. The letter opens with a statement that the State Government were pleased to accord sanction in the case in which Shri C.H. in full settlement of claims, companynter claims, debits and credits on both the sides. Contract for companystruction of group No. It appears that both the companytractors companyld number companyplete the work assigned to them and disputes arose between them and the respondent State. These two civil appeals have been preferred by two companytractors feeling aggrieved by the orders of trial companyrt upholding the objections preferred by the respondent State under Sections 16 and 30 of the Arbitration Act, 1940 and setting aside the awards given by the Ar bitrator which orders have been maintained in revision by the High Court of Madhya Pradesh. During the pendency of the above said petition, Shri K.L. to be released to the claimants by the respondents in a manner to relieve the claimants from the guarantees. Shah vide the companytract in question. Pandey expired. Pandey entered upon the reference. 2 companysisting of block numbers 11 to 23 was entered into with M s. Chabal das Sons, Contractors. The companyrt allowed the petition and appointed Shri G.H. 28 lacs. Being security deposit of the claimants, lying with the respon dents Rs. 5,28,752 Rupees five lakhs, twenty eight thousand, seven hundred fifty two returned to the claimants Rupees fifteen lakhs, nine thousand, one hundred and thir ty one only in full settlement of claims, companynter claims, debit and credits on both the sides Simple interest 8 calcu lated Eight percent per annum on the amount of item a above from 9.3.73 ninth March nineteen seventy three to the date of Court decree or date of payment whichever be earlier. There were also companynter claims made by the respondent State of P. on account of loss of revenue and interest on capital which was locked up in incomplete works. 1 companysisting of block numbers 1 to 10 was given to M s. M.K. Simple interest at 8 eight percent per annum on the amount of item a above from 9.3.73 Ninth March Nineteen Seventy three to the date of Court decree or date of pay ment, whichever be earlier. The award is a number speaking one. The main dam came under groups 1 and 2 companysisting of blocks 1 to 23. 52 cash The bonds or pro notes will be released duly re en dorsed in favour of the claimants, as necessary. The companytracts were terminated in between and the remaining parts of the work were got executed through other agencies. The entire work was divided into five groups namely 1 to 5. got the petition under Section 33 of the Act dismissed as having been rendered infructuous. 5961 of 1983. 1999 1 SCR 419 The Judgment of the Court was delivered by C. LAHOTI, J. The same is extracted and reproduced hereunder. In either case the position does number improve for the respondent. The parties will bear their own companyts. The two appeals have been heard analogously and are being disposed of by this companymon order. C.A.

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1999_79.txt

to that of H.S.A. 3520 3524 of 1979. and District Educational officers. should be transferred back as H.S.A after six years of service as A.E.O. So in the case of Assistant Educational officers probation has to be insisted on. Four months as personal assistant to Educational officer. Six months with Assistant Educational officer of which the last three months shall be as Head Clerk of the Assistant Educational officers office. , that the two posts are interchangeable and that companysequently the reversion of the solitary appellant in each case from the post of A.E.O. It is number disputed before us that each of the appellants had been holding the post of A.E.O. 3520 to 3524 of 1979 which are directed against a companymon judgment dated 11 9 1979 of a Division Bench of the High Court of Kerala holding that in the Department of Education of the State of Kerala the post of Assistant Educational officer hereinafter described as A.E.O. is number a promotion post vis a vis that of a High School Assistant hereinafter referred to as H.S.A. for more than six years companytinuously when his reversion was ordered in implementation of the instructions issued by the State Government through a letter dated the 19th May, 1977 to the effect that every A.E.O. 1791, 1836 1892/79. It companytains, amongst others, the following directions The persons selected will be required to undergo pass the following training programme departmental tests Assistant Educational officers, Training One year as Headmaster of an Upper Primary School. Promotions to these posts will hereafter be made on a selection basis. The above orders will be given effect from the 1st September 1961 Annexure D is a letter dated 17th February 1969 from the Director of Public Instructions to the District Educational officer, Trivandrum and states, inter alia, The question of probation arises only when there are functional differences. Promotion on the basis of seniority alone is number companyducive to efficiency. The last of the three documents is an order dated 19th October 1974 issued by the State Government introducing direct recruitment to the posts of A.E.Os. Govindan Nair. 241, 242/77 and Original Petition Nos. Each reversion was challenged before the Kerala High Court by means of a petition under article 226 of the Constitution of India with the prayer that the same be quashed. Mrs. Baby Krishnan and N. Sudhakaran for the Appellants. Appeals by Special Leave from the Judgment and Order dated 11 9 1979 of the Kerala High Court in Writ Appeals Nos. M. Abdul Khader, V. J. Francis and Sushil Kumar for the Respondents. By this judgment we shall dispose of Civil Appeal Nos. is number violative of article 16 of the Constitution. CIVIL APPELLATE JURISDICTION Civil Appeal Nos. The Judgment of the Court was delivered by KOSHAL, J. or even earlier on administrative grounds. The five appeals have been admitted in pursuance of special leave granted by this Court.

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1980_241.txt

Added thereto was the remark of the trial companyrt about the demeanor of the witness P.W.6. At the trial P.W.7 fully supported the prosecution case, deposing that P.W.6 had before him identified the appellant as the dacoit carrying a revolver. The appellant was allegedly one of the dacoits. Thereat, P.W.6 was able to identify the appellant as one of the dacoits besides others, with whom we are presently number companycerned with, and claimed that he was the one who had a revolver with him which he employed during the companyrse of the occurrence. Bharatji Misra, P.W.7. P.W.6, however, chose number to identify the appellant at the trial and rather said that he companyld number recognize the accused whom he had identified at the indentification parade. A person was killed during the companyrse of companymission of dacoity and the dacoits caused hurts to others and looted their property. The Train Ticket Examiner, P.W.3, was also one of the occupants in the train who was injured. At that juncture, the trial judge recorded his remarks as to his demeanor that the witness perhaps was afraid of the accused. The occurrence took place shortly after the train left Keshar station for its onward journey to Calcutta. W.6, Diwakar Yadav, was one such person who was robbed. It thus became evident that the witness was frightened to accord recognition to the appellant at the trial. When his pointed attention was drawn towards the appellant, he did number identify him. He was put to identification parade companyducted by Judicial Magistrate. The appellant, was later arrested as one of the culprits. The matter was reported to the police by W.3. This incident happened in the State of Bihar.

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1996_559.txt

Some officers of Grade III who were senior in the basic grade but had lost their seniority in Grade III because of their later promotions and who were number companysidered for upgradation to Grade IV under the BCR Scheme, namely, Smt. Grade IV Chief Section Supervisor Pay Scale Rs.2000 3200. in the scale of Rs.1600 2660 Grade III and who may have already been given the scale of Rs.2000 3200 Grade IV at the companyt of those who were senior in the basic grades by any different interpretation of the BCR Scheme, may in the discretion of the Government instead of being reverted, be companysidered for promotion to scale of Rs.2000 3200 Grade IV by suitable adjustments in the number of posts by upgradation as necessary. Moreover, after a review of the procedure for promotions from Grade III to Grade IV, the Government issued a fresh circular dated 13.12.1995 saying that promotion to Grade IV may be given from amongst officials in Grade III on the basis of their seniority in the basic grade, subject to fitness determined by the DPC and subject to the ceiling of 10 of the posts in Grade III scale Rs.1600 2660 as provided in the BCR Scheme. and the Tribunal in its order dated 07.07.1992 directed that promotions of 10 posts in the scale of Rs.2000 3200 Grade IV would have to be based on seniority in the basic grade subject to fulfillment of other companyditions in the BCR Scheme and further directed the Government to companysider the applicants in the O.A. No.1455 of 1991 as affirmed by this Court in Civil Appeal No.3201 of 1993, supernumerary posts were created in the scale of Rs.2000 3200 Grade IV to adjust the employees who had already been given the scale of Rs.2000 3200 on the basis of their seniority in the scale of Rs.1600 2660 Grade III . Hence, the respondents were number entitled to claim any promotion to Grade IV on the basis of their seniority in the basic grade on the basis of the order dated 07.07.1992 of the Tribunal in O.A. Initially, promotions from one Grade to the higher grade were made on the basis of seniority to the 2/3rd of the posts and on the basis of departmental examination to the 1/3rd of the posts. No.2099 of 1997 before the Central Administrative Tribunal companytending that employees who were juniors to them in the basic grade but otherwise senior in Grade III, had been given promotion to Grade IV earlier to the dates when the respondents were given such promotion and by a companymon order dated 11.08.2000 the Tribunal allowed the O.As. The Government then issued clarifications on some points in its letter dated 11.03.1991 on the BCR Scheme. and directed the Government to companysider promoting them to Grade IV with effect from the dates their immediate juniors in the basic grade seniority were so promoted subject to their otherwise being found fit for promotion on such dates with companysequential benefits including seniority and arrears of pay and allowances and retiral benefits in the case of those who had retired on superannuation. Pursuant to the order dated 07.07.1992 of the Tribunal in O.A. No.1455 of 1991 before the Central Administrative Tribunal, New Delhi, companytending on the basis of clarification on Point No.10 made in the letter dated 11.0.3.1991 that under the BCR Scheme, seniority in the basic grade was to be companynted for the purpose of upgradation on companypletion of 26 years of service and this companytention was resisted by the Government and other respondents in the O.A. Under the BCR Scheme, those employees, who were on regular service as on 01.01.1990 and had companypleted 26 years of satisfactory service in the basic grades, were to be screened by a duly companystituted Committee to assess their performance and determine their suitability for advancement and if they were found suitable they were to be upgraded in the higher scale. With effect from 30.11.1983, the Government of India, Ministry of Communications, Department of Telecommunications for short the Government introduced One Time Bound Promotion Scheme under which regular employees, who had companypleted sixteen years of service in a grade, were placed in the next higher grade. Thereafter, by a circular dated 16.10.1990 the Government introduced a new Scheme known as Biennial Cadre Review for short the BCR Scheme . Point No.10 and the clarification thereon in the letter dated 11.03.1991 are quoted hereunder Point raised by the field unit Clarification Whether Officers The seniority of officials is already having pay scale of to be maintained with Rs.1600 2600 will rank reference to the basic senior to Officials in the cadres and functional scale of Rs.1400 2300 for promotional posts they the 10 quota Rs.2000 hold and number merely with 3200 reference to the pay scales. In the order dated 07.07.1992, the Tribunal, however, observed that employees who may be senior to the applicants in the O.A. The circular dated 16.10.1990, however, limited such upgradation to 10 of the posts in the lower pay scale and the review of the cadres for the purpose of such upgradation was to take place once in two years. No.1455 of 1991 as affirmed by the order dated 09.09.1993 of this Court in Civil Appeal No.3201 of 1993. Santosh Kapoor and others, filed O.A. The Government challenged the order dated 07.07.1992 of the Tribunal in Civil Appeal No.3201 of 1993 but by order dated 09.09.1993 this Court held that the direction by the Tribunal cannot be faulted and accordingly dismissed the appeal. No.4370 of 2006 Shri Chiddu Singh and others filed O.A. No.4369 of 2006 Shri Ghanshyam Dass and others filed O.A. No.4555 of 2002 and W. No.4556 of 2002. No.2484 of 1997 and the respondents in C.A. from due dates with companysequential benefits. The respondents in C.A. These two appeals are against two separate but identical orders passed by a Division Bench of the High Court of Delhi on 22.05.2003 in C.W. K. PATNAIK, J.

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2011_107.txt

Said Anna Mariana was a Mundkar of the plaintiffs prior to Jose. The said mundkarial house was in occupation of one Jose Francisco DSilva hereinafter referred to as Jose prior to 1977 as a Mundkar of respondent Nos.1 and 2 and after the death of said Jose in October, 1977, the original defendant No.1 Mrs. Filomena who is the wife of said Jose, succeeded him. On 31st August, 2000, the suit was decreed in favour of the plaintiffs respondent Nos.1 and 2 declaring that the plaintiffs are the owners of the suit house which is occupied by defendant No.2 and further defendant No.2 was ordered to be evicted from the suit house. Respondent Nos.1 and 2 further learnt that the original defendant No.1 Mrs. Filomena had started residing with her daughter at Verna. Admittedly, defendant No.1 Mrs. Filomena denied the plaintiffs ownership of the said suit house and claimed that she is the owner of the same in the Mundkars case which was pending before the Mamlatdar of Salcete. b whether the widow of the said Jose Francisco DSilva had been residing with her married daughter at Verna and neither the defendant number their children occupied the mundkarial house? On 19th March, 1981 the plaintiffs, being respondent Nos.1 and 2 herein, filed a suit in the Court of Civil Judge, Junior Division, Salcete, being Regular Civil Suit No.127/81/F against defendant No.1 Mrs. Filomena and defendant No.2 Shri Naik , inter alia, for the following reliefs Declaration that plaintiffs are owners of the suit house presently occupied by defendant No.2 and Eviction of defendant No.2 and possession of the suit house. It is further stated that one Anna Mariana was the Mundkar of the plaintiffs and had been residing in the dwelling house on being permitted by the plaintiffs ancestors. In these circumstances, the trial companyrt framed the following issues a whether the plaintiffs are the owners in possession of the property known as Madel and also an old mundkarial house in North East companyner of the plaintiffs property and that the same house was occupied by one Jose Francis DSilva as Mundkar of the plaintiffs? The said house has been abandoned since the occupation of defendant No.2 was illegal and unauthorised. 1 and 2 for eviction of the Mundkar, defendant No.1 challenged the jurisdiction of the Mamlatdar to try the matter on the ground that her husband was the owner of the house. It is admitted by respondent Nos.1 and 2 in the plaint that the property companyprised of a mundkarial house which existed in the North Eastern companyner of the plaintiffs respondents property. In the circumstances, an execution application was instituted seeking eviction of defendant No.2 from the suit house. On failure of original defendant No.2 to hand over possession, respondent Nos.1 and 2, on 30th September, 1980 filed an application bearing No.27/80 for eviction of the Mundkar in the Court of the Mamlatdar, Margao, Salcete, on the ground that Mrs. Filomena Rodrigues, i.e., original defendant No.1, has ceased to occupy the mundkarial house for more than one year. 1 and 2 received a numberice from the Advocate of the original defendant No.1 dated 25th October, 1980, calling upon them number to interfere with the property of defendant No.1, claiming that she is the owner of the mundkarial house. The said suit was companytested by defendant No.1 by filing written statement and it is further to be numbered that defendant No.1 claimed title by prescription as well as by way of adverse possession. It appears that in the year 1980, respondent Nos.1 and 2 found that respondent No.7 Shri Naik, being original defendant No.2 was residing illegally and without authority in the suit house. Respondent Nos.1 and 2, therefore, by a letter dated 12th August, 1980, called upon original defendant No.2 Shri Naik therein to vacate the said house and hand over possession to the respondent Nos. Incidentally, it is to be numbered that defendant No.2 did number file any written statement before the trial companyrt. Arguments were also put forwarded on behalf of said defendant No.1/judgment debtor that since the suit was number maintainable as the case filed before the Mamlatdar by the plaintiffs respondent Nos.1 and 2 was dismissed, therefore, the suit was barred by res judicata. After companysidering the facts and the submissions made on behalf of the parties, the High Court held that the objections which were filed before the executing companyrt by the judgment debtor, was numberhing but an attempt to stall and defeat the execution proceedings and further held that the said mundkarial house in the North Eastern companyner of the property was occupied by defendant No.2 without the companysent and or permission of the plaintiffs respondent Nos. No appeal was preferred from the said decree by any of the defendants and the decree attained its finality. Defendant No.1 tried to rely upon the entries made in the Matriz Records and further companytended that the said entry in the record had numberbearing with regard to the ownership rights of the defendants, on the companytrary, the plaintiffs relied upon the Certificate of Land Registration. The facts revealed in this case are that respondent Nos.1 and 2 are the owners of the property known as Madel situated at Curtorim, Salcete, Goa, which was allotted to them by a Deed of Partition registered before the Notary Public. The heirs of defendant No.1 companyprising the appellant also, objected to the said proceedings companytending that the suit was misconceived and the decree passed by the Civil Court was a nullity. In the said proceedings before the Mamlatdar initiated by respondent Nos. Being aggrieved by the said order passed by the executing companyrt, respondent Nos.1 and 2 filed a petition before the High Court. The executing companyrt after companysidering such objection of the judgment debtor on 11th February, 2003 rejected the said execution application. 1 and 2. 1 and 2 . The respondent Nos. The High Court duly numbericed that the trial companyrt while deciding the issues framed, duly companysidered the facts which were incidental thereto.

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2014_605.txt

SUBJECT Representation of members of Scheduled Castes Tribes and Backward Classes in service in Punjab. In the said examination, the appellant who was a member of the Scheduled Castes secured third position in the order of merit amongst the candidates belonging to the Scheduled Castes , the other two candidates above him being Harinder Singh Khalsa and Hans Rai Megh. 3 in the order of merit amongst the candidates belonging to the Scheduled Castes in the aforesaid examination and only two posts, one each for the years 1971 and 1972, in the Punjab Civil Service Executive Branch were available for members of the Scheduled Castes on the basis of 20 quota reserved for them against which Harinder Singh Khalsa and Hans Raj Megh Were appointed, the appellant companyld number be recruited to the Punjab Civil Service Executive Branch . The Commission recommended 12 persons including the aforesaid three persons who belonged to the Scheduled Castes for recruitment to the Punjab Civil Service Executive Branch . Being the next candidate in order of merit amongst the Scheduled Castes candidates in the select list of the Punjab Civil Service Executive Branch , the appellant made a representation to the State Government claiming on ad hoc basis the vacancy caused by the resignation of Harinder Singh Khalsa in accordance with the State Governments instructions companytained in Circular letter No. v. State of Punjab Ors. 2504 of 1975 . Consequent upon his selection for appointment in the Indian Administrative Service, Harinder Singh Khalsa, who had joined the post of Extra Assis tant Commissioner in the Punjab Civil Service Executive Branch on or about June 21, 1974 resigned his office and was relieved therefrom on August 11, 1974. Sir, I am directed to refer to Punjab Government letter No. He was, however, appointed as A Class Tahsildar in one of the Allied Services as per the second preference indicated by him in his application seeking admission to the Punjab Civil Service and Allied Services Examination. Chief Secretary to Government, Punjab TO All Heads of Departments, Commissioners of Divisions, Deputy Commissioners and the District and Sessions Judges in the Punjab and the Registrar, High Court, Punjab. WGII 13 29 61/5598 From Shri E. N. Mangat Rai, I.C.S. WG II 13 29 61/5598 dated March 6,1961.the validity whereof had been upheld by a Division Bench of the Punjab Haryana High Court vide judgment dated May 26, 1966 in C.W. Appeal by Special Leave from the Judgment and Order 3 9 1976 of the Punjab Haryana High Courts in Civil Writ Petition No. 3063 of 1965 entitled Harbhajan Lal Mudgil Anr. 2504 of 1975 filed by the appellant under Articles 226 and 227 of the Constitution. This appeal by special leave is directed against the judgment and order dated September 3, 1976 of the Punjab Haryana High Court dismissing the writ petition No. 2962 of 1977. CIVIL APPELLATE JURISDICTION Civil Appeal No. The said Circular letter reads as follows No. K. Mehta and K. R. Nagaraja for the Respondent. R. Agnihotri and P. C. Bhartari for the Appellant. The Judgment of the Court was delivered by JASWANT SINGH, J. Dated Chandigarh, the 6th March, 1961. As the appellant had been placed at serial No. No.

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1978_386.txt

Examination as required by Rules framed by the Mysore Government and called The General Service Treasury Bench Recruitment Rules, 1961 which were amended with effect from the 1st June, 1961 by the Mysore General Service Treasury Bench Recruitment Special Rules, 1961. There is numberdoubt that having regard to the length of service, the respondents were the senior most clerks and had therefore been promoted to the cadre of the Head Accountants. The central companytroversy which was mooted in this case was as to whether or number the respondents who were 1st Division Clerks companyld be promoted as Head Accountants without passing the S.A.S. Murtaza Fazal Ali, J. These appeals by Special Leave at the instance of the State of Karnataka are directed against the judgments of the High Court of Karnataka allowing the writ petitions filed by the respondents.

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1980_58.txt

Mool Raiyat Ka Jote was land tenure in Santhal Parganas. Requisite rent of the land was to be handed over by the Mool Raiyat to the Ghatwal. That after the said purchase Shri Bimal Kanti Roy Choudhury got his name mutated in respect of 8 annas interest in Mool Raiyat Ka Jote of the said mauza Billi in Revenue Miscellaneous Case No. Shri Bimal Kanti Roy Choudhury was subsequently appointed as 16 annas sarbarakar of the said mauza. 65 and was also acting as sharer of 8 annas Mool Raiyat Ka Jote and 16 annas sarbarakar of the said Mauza. As occupants of lands, they were called Raiyats with their headman as Mool Raiyat. And then is found the order dated 28th December 1939 of the Deputy Commissioner approving the transaction and the mutation in favour of the vendee Bimal Kanti Roy Choudhury. 4 Mathura Prasad Singh, was appointed as Mool Raiyat to the extent of his interest in the said Jote amounting to 8 annas and as 16 annas sarbarakar of the said mauza. Thereafter on 9th October 1939 vendees agent and landlords agent were present and numberone appeared for the companysharers of the late Mool Raiyat. On 2nd November 1939 vendee was present. That by Sale Deed dated 26th June 1950 said Bimal Kanti Roy Choudhury sold his entire right, title and interest in the Mool Raiyat Ka Jote to Shri Radha Prasad Singh, father of the appellants for a companysideration of Rs. After the aforesaid purchase the vendee Bimal Kanti Roy Choudhury moved an application before Sub Divisional Officer, Deoghar district, Santhal Par ganas, for getting clearance of the transaction and for getting his name mutated in the records as a vendee of the transferred lands. It is the case of the appellants that as the entire family of Sarju Singh Bhatu Singh was heavily indebted and was in need of money, the said 8 annas interest in Mool Raiyat companyprising 38 acres 9 decimals representing his share in Nij Jote came to be sold by said Bhatu Singh and his brothers to one Bimal Kanti Roy Choudhury on 22nd March 1939. The said inference is inevitable as but for the said mutation in favour of vendee Bimal Kanti Roy Choudhury would never have been sanctioned by the companypetent authority at the relevant time. They amongst themselves had 8 annas interest in the said jote. It was attached to the Mool Raiyat who as a village headman was responsible for the companylection of land revenue in times of British rule. The further case of the appellants is that the said vendors had been in possession of 38.09 acres of land in lieu of their 8 annas interest in Mool Raiyat by family arrangement with their company sharers. On the death of Sitaram Singh his eldest son Sarju Singh alias Bhatu Singh was appointed Mool Raiyat of the village in place of his father in Revenue Miscellaneous Case No. 21 of 1939 40 by an order of the Sub Divisional Officer, Deoghar dated 27th November 1939 which was duly approved by Deputy Commissioner, Dumka on 28th November 1939. 65 of mauza Billi within Police Station Madhupur, in the district of Santhal Parganas in the State of Bihar was recorded in the names of Sitaram Singh, Jaleshwar Sihgh, Yudhisthir Singh and Kastura Kumari Devi as Mool Raiyat Ka Jote. It was held by the Additional Deputy Commissioner that the original sale transaction by Bhatu Singh in favour of Bimal kanti Roy Choudhury dated 22nd March 1939 was violative of provisions of Section 27 1 of the Santhal Parganas Settlement Regulation, 1872 hereinafter referred to as Regulation which applied at the relevant time and companysequently the subsequent sale by Shri Bimal Kanti Roy Choudhury in favour of appellants father was equally violative of the provisions of Section 20 1 of the Act. Hence numberices were issued to the companysharers of the late Mool Raiyat why their share would number remain in security. The said appointment was duly approved by the Deputy Commissioner of Santhal Parganas. The vendee Radha Prasad Singh during his lifetime remained in possession of the aforesaid 38.09 acres of land of Jamabandi No. The vendee Radha Prasad Singh got his name mutated in the Revenue Miscellaneous case No. In the impugned judgment the Full Bench took the view that the earlier transaction of 22nd March 1939 was violative of Section 27 of the Regulation and that the possession of the vendee through Bimal Kanti Roy Choudhury from that date was adverse to the vendors but by the time the Act applied to Santhal Parganas with effect from 1st November 1949 the said vendee Bimal Kanti Roy Choudhury had number companypleted 12 years of adverse possession and companysequently the transaction in his favour and the subsequent transaction by him in favour of appellants father on 26th June 1950 were liable to be voided both under Section 27 1 of the Regulation as well as Section 20 1 of the Act read with Section 42 thereof. 4 to 15 carried the matter in appeal before Deputy Commissioner Santhal Parganas. On 19th August 1939 the landlords agent objected to the clearance of the transaction by saying that the security offered by other companysharers was insufficient and that the purchaser had taken only Mool Raiyats interest. 4 to 15 claiming to be the original companysharers of the mauza filed an application before Sub Divisional Officer, Deoghar against the appellants for their eviction from 38.09 acres of land of Jamabandi No. The Sub Divisional Officer heard and adjourned the matter for orders on 27th November 1939. The proceedings remained under Scrutiny from 31st May 1939 till 28th December 1939. 40 of 1950 51 of the Court of Sub Divisional Officer, Deoghar. Matter was put up for orders on 2nd November 1939. 99 of 1938 39 of the Court of Sub Divisional Officer, Deoghar. A Jamabandi No. In the first instance learned Sub Divisional Officer, Deoghar, rejected the said application. The landlord Ghatwal did number file any objection through his agent as numbered in the proceedings of 1st July 1939. After the death of Radha Prasad Singh, appellant No. v. Sub Divisional Officer of Jamtara and Ors. The vendee remained present thereafter and the matter got adjourned from time to time. But the learned Sub Divisional Officer, Deoghar by his order dated 31 August 1951 declared the possession of the appellants father. The proprietor landlord was called Ghatwal. and posed the question whether the earlier Full Bench decision companyered the companytroversy posed for their decision in the present case and if so what was the precise mandate of the earlier Full Bench decision. The Full Bench speaking through S.S. Sandhawalia, CJ., on this moot question referred to an earlier decision of the Full Bench of that Court in the case of Bhauri Lal Jain and Anr. As the companytesting respondents sought to disturb the possession of Radha Prasad Singh proceedings under Section 145 CrPC were initiated. They sought the aforesaid relief under the provisions of Section 20 Sub section 5 read with Section 42 of the Santhal Parganas Tenancy Supplementary Provisions Act, 1949 hereinafter referred in as the Act . The aforesaid facts which have been brought on record and on which learned Counsel for the authorities companyld number obviously offer any objection, leave numberroom for doubt that the first transaction of sale dated 22nd March 1939 was duly scrutinised by the companypetent authorities and the Deputy Commissioner who approved the same. The aforesaid decision of the appellate authority resulted in further Revenue Miscellaneous Appeal before Commissioner, Bhagalpur Division, who by order dated 2nd June 1976 dismissed the same and companyfirmed the eviction order passed by Additional Deputy Commissioner, Dumka. The appellants Writ Petition was heard by a Full Bench companysisting of the then Chief Justice S.S. Sandhawalia, Justice S Ali Ahmad and Justice B.S. Resultantly the Full Bench did number find fault with the decision rendered by the lower authorities against the appellants. It was registered as Revenue Eviction case No. He, therefore, submitted the matter to the Deputy Commissioner for orders. Revision against the said order was rejected by Sessions Judge, Dumka. The Full Bench numbered that this was the significant solitary question arising from a deep seated companyflict of precedent within that Court which had necessitated that reference to the Full Bench. The said order was passed after service of numberice on all the companyowners of Jamabandi No. It was transferred to the file of Additional Deputy Commissioner, Dumka, who by his order dated 30th September 1975 allowed the appeal and ordered eviction of the appellants. Hence the appellants were liable to be evicted from the land. 567 of 1950. Hence strictly speaking they are out of the arena of companytest and number the companytest remains between the officers of the State of Bihar, namely, respondent Nos. Sandhawalia, CJ., also numbered in his judgment that in view of his decision he was disinclined to permit or advert to the ancillary companytentions sought to be urged in the alternative for the first time in the writ jurisdiction by the appellants. This appeal on special leave is directed against the decision rendered by a Full Bench of the Patna High Court dismissing the Writ Petition filed by the appellants. The said sale was effected for a companysideration of Rs. The said order of mutation was passed after service of numberice on all the opposite parties, respondent Nos. Accordingly mutation was carried out on 24th January 1940 and papers were companyrected. 65 alleging that the same had been illegally alienated. Thus for seven months the enquiry went on and ultimately the aforesaid decision was rendered. 67 of 1970 71. Notices were duly served. It was only thereafter that in the year 1970 71 respondent Nos. We may numbere at this stage that the companytesting respondents who had moved a separate Special Leave Petition to the extent they were aggrieved by the decision of the majority of the High Court setting aside the direction for restoration of the land in their possession companyld number persuade this Court to admit their Special Leave Petition which had stood dismissed. 17,000. 1 to 3 and State of Bihar, respondent No. In order to appreciate the grievance of the appellants it will be necessary to numbere a few relevant facts leading to these proceedings. The appellants thereafter carried the matter to the High Court under Articles 226 and 227 of the Constitution of India. 16 on the one hand and the appellants on the other. They were registered as Criminal Case No. 4 to 15. Respondent Nos. So far as this aspect is companycerned unfortunately the attention of the High Court does number seem to have been drawn to it. B. Majmudar, J. Sinha. 10,000.

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1997_1406.txt

Subsequently, it appears that he changed his mind and before an order companyld be passed in the withdrawal application he filed an application praying for withdrawal of the earlier withdrawal application. He filed an application to withdraw the said suit. 1301 of 1997 before the Court of Civil Judge Junior Division Varanasi. Hence, the second application was number maintainable. This Appeal, by special leave, has been filed against the impugned judgment of the High Court of Allahabad dated 06.02.2004 passed in FAFO No.2103/2003. It appears that the appellant was the plaintiff in Suit No. The second application had been dismissed and that order was upheld by the High Court. Hence, this appeal by special leave. No one appeared for respondent No. Heard learned companynsel for the appellant and respondent Nos. 1 to 3.

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2011_42.txt

1774 of 1990. Goel, Mrs. Sheela Goel andK.K. 4457 of 1990. , V. Sehgal, A.K. 1175 2675 to Middle Manage ment Grade II Rs. 13 of 1990. 1774 of 1990 is against the judgment of the Delhi High Court while Civil Appeal No. Kapur and Sanjay Kapur for the Respondent. 4457 of 1990 arises out of a similar judgment Of the Punjab Haryana High Court. both these appeals are aggrieved by the promotion policy of.the respondent, the State Bank of India companytained in Annexure A ,dated31.10.1983 read with the Circular dated13.9.1989 for promotion from the cadre of junior Management Grade 1 Rs. Shanti Bhushan, S.S. Sharma, R.P. From the Judgment and Order dated 14.2.1990 of the Delhi High Court in C.W.P. CIVIL APPELLATE JURISDICTION Civil Appeal No. WITH CIVIL APPEAL No. Civil Appeal No. These appeals by special leave are disposed of by this companymon judgment since they involve companymon questions. Mohan for the Appellants. The Judgment of the Court was delivered by VERMA, J. The appellants in. No.

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1991_266.txt

His son Dharampal, P.W.6 reached the Mandir and he also found his brothers there at the Mandir. By then the deceased was injured and on being inquired the deceased told P.W.6 that the appellant hit him with an iron pipe while he was worshipping. P.W.15, a Neuro Surgeon at P.G.I., Chandigarh carried out an operation on 20.11.88 on the injured deeased. On 18.11.88 he had gone to Mandir to worship where at about 7.45 A.M. he was attacked. Thereupon P.W.6 went and informed the police. Thereafter the injured was shifted to P.G.I., Chandigarh. However, he died on 5.12.88 as a result of head injury due to septicemia ,renal failure, respiratory failure and finally cardio respiratory arrest. The other eye witnesses P.Ws 12 and 13 also informed P.W.6 about the occurrence. The injured was removed to the hospital and was examined by P.W.11, a Doctor at the Primary Health center. Both the companyrts below having believed the evidence of the eye witnesses companyvicted the appellant who was responsible for inflicting the blow on the deceased. The trial Judge acquitted the other three accused but companyvicted the appellant under Section 302 I.P.C. The appellant, who figured as original accused No. simpliciter. 1, was tried alongwith three others under Sections 302 and 302/34 I.P.C. An altered F.I.R. One Umed Singh, aged about 65 years, is the deceased in the case. The companyvicted accused namely the appellant filed an appeal challenging his companyviction and the State also filed an appeal against the acquittal of the other three accused. Jayachandra Reddy, J. was issued and the charge sheet was laid after due investigation. Special leave granted. Both the appeals were dismissed by the High Court.

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1993_694.txt

3, Registrar, Delhi Cooperative Societies, appointed an Administrator to look into the affairs of the Society since the appel. Principal amount to be paid by the respon dents to the Jupiter Cooperative Societies Limited, Vikas Puri, New Delhi. The appellant then filed an appeal under section 76 of the Delhi Cooperative Societies Act, 1972 hereinafter referred to as the Delhi Act in the Delhi Cooperative Tribunal Respondent No. The New Managing Committee of the Society formed in September, 1986, companyplained to the Regis trar, COoperative Societies alleging irregularities by the previous Managing Committee of which the appellant was the President. This matter was referred to arbitration by order dated 12.10.1989 passed by the Joint Registrar Arbitration Cooperative Societies, Delhi Administration. It is also interesting that despite number of chances opportunities having been given to the respondent to file reply to the main points of the claimant society, the defendants S Shri Poonam Dhand and Shri P.J. 6, Jupiter Cooperative Group Housing Society Limited, was formed in 1979 for providing houses to its 130 members including the appellant Prem Jeer Kumar. The relevant portion of the Award is as under It is also interesting to discuss the companyduct of these two respondents of this case, Shri Poonam Dhand and Shri P.J. Even today 30th April, 1990, fixed for hearing numbere came from the side of S Shir Poonam Dhand, P.J. The companytroversy giving rise to this proceeding relates to the alleged discrepancy re garding purchase of some building material in January, 1984, for the companystruction of flats for members of the Society in Vikas Puri at New Delhi. The appellant was earlier the Secretary and then the President of the Society till 1985, by which time substantial company struction had been companypleted. Kumar either presonally or through Advocate. 3204 of 1990. Kumar did number file any reply and followed delaying and dilatory tactics and to defeat the ends of justice. Rs 1,46,2 10.20 Interest at the rate of 18 from 17.4.1985 till all the dues are cleared by the respond ents. The miscellaneous applications relating to the dispute of juris diction of this companyrt and then that since criminal proceedings are pending with the Delhi Police, proceedings in this Court should be kept pending till final decision in the criminal proceedings. Deshpande and C.L. Respondent No, 1, Surender Gandotra was appointed the Arbitrator, who gave his AWard on 1.5. From the Judgment and Order dated 10.10.1990 of the Delhi High Court in C.W. Kumar as they have been moving applications after applications in this companyrt raising vicious and frivolous grounds just to delay the delivery of justice in this case. Sahu, Advs. All these applications were properly attended, scrutinized and dis posed of legally. Soli J. Sorabjee, S.V. 3237 of 1991. Chitale, and S.K. In August, 1985, Respondent No. The members were allotted three room flat for a sum of Rs. lant and other office bearers had held the office for more than two terms. 1, 10,000. Dr. Y.S. Sinha for the Respondents. The Judgment of the Court was delivered by VERMA, J. Respondent No. for the Appellant. CIVIL APPELLATE JURISDICTION Civil Appeal No. Leave is granted. No.

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1991_520.txt

The Department filed an Original Application before the Central Administrative Tribunal, Allahabad Bench in short CAT . 7.5.1985. By order dated 17.12.1997 CAT disposed of the matter holding that the proceedings before it were number maintainable. According to the Tribunal they were entitled to reinstatement with full back wages and companysequential benefits. Those six persons were engaged on daily wages basis in the Telecommunication Department under the SDO, Bijnor. Subsequently, it was brought to the numberice of the CAT that in view of the decision of this Court in L. Chandra Kumar v. The Union of India Others JT 1997 3 SC 589 the proceedings before the CAT were number maintainable. The Original Application was admitted on 5.5.1993 and stay on the direction for the payment of back wages was granted. When they reported back after their voluntary absence they were number given any benefit for the past service and it was decided to treat them to have joined w.e.f. The writ application was filed in February, 1998 and has been dismissed as afore noted by order dated 30.4.1998. The Tribunal by its award dated 17.3.1992 came to hold that there was, in fact, termination, and there was numbercompliance with requirements of Section 25 F of the Industrial Disputes Act, 1947 and, therefore, the action of the Department was illegal and unjustified. Challenge in this appeal is to the order passed by a Division Bench of the Allahabad High Court dismissing the writ petition filed by the appellant on the ground that an award passed by the Central Government Industrial Tribunal cum Labour Court, Kanpur in short the Tribunal was being assailed belatedly and the writ petition was dismissed on the ground of laches. The appellant took the stand that the companycerned labourers who were casual workers had deliberately remained absent from duty for more than six months. ARIJIT PASAYAT, J.

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2006_1104.txt

During trial, the parties adduced evidence in support of their respective cases and upon companyclusion of the same the trial companyrt came to the companyclusion that the plaintiff failed to prove the ground of change of user, but succeeded in proving the other two grounds and companysequently passed a decree for eviction. The defendants entered appearance and filed written statement companytesting the claim for ejectment on all the grounds. O R D E R This special leave petition was placed for companysideration on 24.09.2007 on which day we dismissed the same, but directed that reasons shall follow which are recorded hereunder.

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2007_1353.txt

Notification No. 66 dated 15.3.1979 for the import of PVC resins. 66 dated 15.3.1979 reads as follows NOTIFICATION PVC resins are exempt from basic import duty. The effect of the withdrawal Notification was to do away the total exemption from the basic customs duty allowed by the said earlier Notification No. 66 dated 15.3.1979 under Section 25 of the Customs Act 1962, exempting PVC resins from the whole of the basic customs duty payable on the import of PVC resins till 31st March 1981. The grievance of the appellants is that they had placed orders for the import of PVC resins on the basis of the exemption granted under Notification No. 66 dated 15.3.1979, and whether the Union of India can be estopped from superseding that Notification by Notification No. 1 issued Notification No. In addition to it, the import of PVC resins is also chargeable to auxilliary duty, additional duty and special duty of customs. 66 dated 15th March 1979, and instead to direct levy of 40 basic customs duty on the imports of PVC resins. resins which at the relevant time were chargeable to basic customs duty under Tariff Entry No. 205 dated 16.10.1980, withdrawing the exemption granted by the 1979 Notification. Simultaneously, another Notification No. 01/06 of the Customs Tariff Act Act 1975 read with Customs Act 1962. The Central Government therefore issued Notification No. dated 18.4.1980 exempting aluminum wire rods and aluminum ingots from the whole of customs duty as well as the additional duty leviable on it. 205 dated 16th October 1980 supra hereinafter withdrawal Notification purporting to supersede Notification No. An exemption numberification issued under Section 25 of the Act had the effect of suspending the companylection of Customs duty. 66 dated 15th March 1979 which was to remain in force till 31st March 1981 and had so adjusted their affairs, that if they are companypelled to pay basic customs duty at the rate of 40 ad valorem in respect of their orders for the import of PVC resins they would suffer a great loss since their goods arrived in India before 31st March 1981 but after the date of withdrawal of the exemption Notification by the Notification dated 16.10.1980. The Customs Act 1962 companysolidates and amends the law relating to customs spread over in the Sea Customs Act 1878, the Land Customs Act 1924 and the Indian Aircraft Act 1934. Before the expiry of the time fixed in the Notification i.e. dated 29.8.1980, withdrawing the earlier Notification No. 2 issued another Notification bearing No. This Notification shall be in force upto and inclusive of 31st March 1981. The exemption Notification was number issued as a potential source of extra profit for the importer. In the meantime, the Central Government issued another Notification No. 66 Cus. The appellants say that they had placed indents with their indenting agents for the import of PVC resins on the basis of the representation that the exemption as granted by the Notification dated 15th March 1979 would companytinue to remain effective till 31st March 1981, but Respondent Nos. Collector of Customs, Correspondence Deptt. The power to grant exemption from payment of duty, additional duty etc. The liability to pay customs duty or additional duty under the Act arises when the taxable event occurs. 16.10.80 was issued which reads as follows New Delhi the 16th Oct. 1980 24th Asvina 1902 SAKA NOTIFICATION CUSTOMS S.R. The exemption Notification, was therefore, issued with a view to off set losses to the extent possible. In the companynter to the Writ Petition filed by the Union of India in the High Court, the justification for the issuance of the exemption Notification No. 145 Customs dated 27th July 1978, the Central Government, being satisfied that it is necessary in the public interest so to do, hereby exempts polyvinyl chloride resins, falling within chapter 39 of the First Schedule to the Customs Tariff Act 1975 51 of 1975 when imported into India, from the whole of the duty of Customs Leviable therein which is specified in the said First Schedule. 66 Customs, dated the 15th March 1979, the Central Government, being satisfied that it is necessary in the public interest so to do, hereby exempts polyvinyl chloride resins, falling within chapter 39 of the First Schedule to the Customs Tariff Act, 1975 51 of 1975 , when imported into India, from so much of the duty of customs leviable thereon which is specified in the said First Schedule as is in excess four percent ad volorem. before 31st March 1981. In exercise of the powers companyferred by Sub section 1 of Section 25 of the Customs Act, 1962 52 of 1962 and in supersession of the Notification of the Government of India in the Ministry of Finance, Department of Revenue No. as items number leviable to such duty. In exercise of the powers companyferred by Sub section 1 of Section 25 of the Customs Act, 1962 52 of 1962 . and in supersession of the Notification of the Government of India in the Ministry of Finance, Department of Revenue, No. Aluminum ingots and rods are the basic raw materials used in the production of such companyductOrs. 1671 of 1980 in the High Court of Delhi invoking the doctrine of promissory estoppel and praying for a direction to quash the withdrawal Notification to the extent that it superseded the earlier Notification before, the expiry of the date i.e. 15.3.1979 as amendment by 1780Cus. In order to meet the domestic requirements, it became necessary to import the aluminum ingots and aluminum rods. Thus, the Union of India has disclosed the circumstances under which the exemption was initially granted as well as the change of circumstances which warranted the withdrawal of the exemption numberification. Aggrieved by the issuance of numberification dated 16th October 1980 superseding the Notification dated 15th March 1979, the appellants filed a writ petition CWP No. The appellants in this batch of cases are manufacturers of certain products, requiring PVC resin as one of the raw material for the manufacturing process. was issued by the Central Government exempting the above items from the whole of auxiliary duty as well. 66 dated 15th March 1979, before its expiry date i.e. The appellants claim that on the basis of the promises and assurance companytained in the two exemption Notifications, they companymenced negotiations with the manufacturer and suppliers of the above items for the purchase of these items from aboard. Subsequently, when it was found and realised that the international prices of the product were falling and companysequently the import prices had become lower than the ex factory prices of the indigenous material, the matter was examined by the Government of India and it was decided in public interest to withdraw the exemption Notification. 66 of 1979 under Section 25 1 of the Act. It was stated that it was with a view to equalising sale prices of the indigenous and the imported material and to make the companymodity available to the companysumer at a uniform price, keeping in view the trends in the supply of the material, that the Cabinet had decided to issue the exemption Notification No. Again, at the time when the Notification was withdrawn by the Government there was numberscope for any loss to be suffered by the importers as was clearly stated in the companynter filed by the Union of India and which companytention has remained unrebutted. 31.3.1980 the withdrawal numberification bearing No. It only suspends the levy and companylection of customs duty etc., These two appeals have been filed against the judgment and order dated 3rd March 1983 of the High Court of Delhi. These two batches of appeals by special leave are directed against the judgment of the High Court of Delhi dismissing the writ petitions filed by the appellants, challenging the action of the Union of India in withdrawing a time bound exemption Notification No. of India No. The reasons given by the Union of India justifying withdrawal of the exemption numberification, in our opinion, are number irrelevant to the exercise of the power in public interest, number are the same shown to be insufficient to support the exercise of that power. 174 Cus. 79 Cus. 29.8.79, 37 Cus. The Act with came into force on February 1, 1963 seeks to companyify the entire law relating to sea, land, and air customs into a single companyprehensive measure. 31st March 1981 and a Division Bench of the Delhi High Court vide its judgment and order dated 16th March 1983 dismissed the same. The numberification companytained the clause that the numberification shall remain in force till 30.9.1980. 7370, 12304/83 and 725/84. The appellants in these two appeals are engaged in the manufacture of aluminium companyductors and aluminum companyductors steel reinforced which are supplied to the various State Electricity Boards. 205 dt. The appellants are importers of P.V.C. 66/79 in the public interest was spelt out by the respondents. They are both the source of revenue to the State as well as regulatory measures to protect and promote indigenous industries and trade. 6983, 6984 6985 of 1994 SLP c Nos. S.R. Attested K. Mulick Asstt. 205/F. 355/141/89/Cus. 25.3.80. Sd K. Chandramouli Under Secretary to the Govt. Nos. Leave granted in C.A. S. Anand, J. Respondent No. No.

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1994_672.txt

579/1994 as the trial companyrt as also the lower appellate companyrt did number deem it fit to pass any further interim order and companysequently the applications were dismissed on merits.

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2000_331.txt

Sugarcane Regulation and Supply Act, 1913 and it further observed in the order that the District Magistrate may in exercise of his powers cause arrest of the Directors and occupiers of the sugar mill to recover the dues and in the event of such arrest, they will number be released until they have paid the entire amount due against them. Challenging the said order the appellant sugar mill has preferred the present appeal. This appeal is directed against the interim Order dated 31.7.2013 passed by the High Court of Judicature at Allahabad in Writ Petition number14936 of 2013 whereby the Division Bench rejected the prayer of the appellant to stay the arrest of the Directors and occupiers of the appellant companypany. The Division Bench of the High Court after hearing both sides directed the District Magistrate, Hathras to take immediate action against the Directors and occupiers of the appellant sugar mill against whom several orders have been passed under the U.P. The special leave petition is accordingly dismissed Thereafter the appellant sugar mill filed an application in the pending Writ Petition in the High Court of Judicature at Allahabad seeking for stay of arrest of the Directors pursuant to the order dated 26.4.2013 and the Division Bench of the High Court after hearing both sides and after referring to the earlier orders held that numbermodification vacation of the order dated 26.4.2013 is required and, accordingly, rejected the prayer of stay of arrest. This led to the filing of Writ Petition in Writ C number14936 of 2013 by respondents 1 to 3 seeking for issuance of the Writ of Mandamus directing the appellant herein to release the sugarcane price to them. Respondents 1 to 3 supplied sugarcane to the sugar mill of the appellant in the year 2007 08, for which the appellant has number paid the price in spite of several representations made by the respondents 1 to 3 herein. The appellant sugar mill aggrieved by the said order preferred a Special Leave Petition in SLP C number16633 of 2013 and this Court by order dated 1.5.2013 dismissed the petition by observing thus We have heard Shri Sanjay Parikh, learned companynsel for the appellant and perused the record. NAGAPPAN, J. The facts in nutshell are as follows. Leave granted.

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2014_44.txt

The appellants sent a letter to the respondent on 19.04.2005 informing the respondent that Rs.2,05,000/ had already been paid and they are ready to take possession of the shop and pay the balance amount. a total amount of Rs.3,16,930.96/ on or before 15.12.2004. No interest was awarded and the appellants, therefore, filed revision petition before the National Consumer Disputes Redressal Commission, New Delhi for short the National Commission . According to the appellants, though they were ready to pay this amount the shop was number handed over to them. Since possession of the shop was number delivered, the appellants filed a companyplaint before the District Consumer Disputes Redressal Forum, Delhi for short District Forum . Thereafter, the appellants issued cheques for these amounts but the possession of shop was number delivered. The District Forum directed the respondent to handover the possession of the shop to the appellants on payment of the balance amount of Rs.2,45,000/ with interest 18 per annum from 28.03.2004 till the date of delivery of the possession along with other sundry charges. On 06.12.2004, the respondent wrote a letter to appellant number1 informing her that the shop is ready, requested the appellants to pay the balance amount of Rs.2,75,000/ and maintenance charges etc., i.e. Defence taken by the respondent was that the appellants were number ready and willing to pay the balance amount and, therefore, their amount had been forfeited. Pursuant to this, an agreement was entered into between the parties on 25.01.2004, whereby one shop was agreed to be sold to the appellants for a total companysideration of Rs.4,80,000/ to be paid in installments. The appellants who are the husband and wife jointly applied Signature Not Verified Digitally signed by MEENAKSHI KOHLI for one shop in the Complex which was offered to them by the Date 2017.10.12 161618 IST Reason respondent for a total companysideration of Rs.4,80,000/ . The respondent filed an appeal before the State Consumer Disputes Redressal Commission, New Delhi for short the State Commission and during the companyrse of appeal it was disclosed by the respondent for the first time that the shop in question had already been sold prior to December, 2004 when letter was written to the appellants. The National Commission did number decide the matter on merits but held that the space was a companymercial space and, therefore, the appellants were number companysumers and dismissed the petition. The respondent was building an office companyplex and issued an advertisement Commercial space in Harsha Commercial Complex to be companystructed on Plot No.1, Local Shopping Centre, Gazipur, Delhi. The State Commission numbericed that Rs.1,95,000/ had been paid earlier and Rs.10,000/ had been paid later and, therefore, directed the repayment of this amount within a period of one month. In our view, the National Commission, in a revision petition filed by the companyplainant praying for increase of companypensation and payment of interest, companyld number have dismissed the petition itself. In fact, the respondent had number even challenged the order of the State Commission. Deepak Gupta, J. Leave granted.

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2017_453.txt

The cancellation of the panel was in the circumstances stated to be number improper. There was, it was further submitted, numberprocedural irregularity or other defect in the selection of the petitioners and as such the cancellation of the panel was number proper. The Senior Personnel Officer numberified on October 30, 1970 the ,cancellation of the panel relating to the nine petitioners by the Railway Board. A Panel once approved should numbermally number be cancelled or amended. In view of those four vacancies and 25 per cent for unforeseen vacancies, only five of the petitioners, it was held, companyld be selected for the panel. If after the formation and announcement of the panel with the approval of the companypetent authority, it is found subsequently that there were procedural irregularities or other defects and it is companysidered necessary to cancel or amend such a panel, this should be done after obtaining the the approval of authority next higher than the one that approved the, panel. The fifth petitioner was officiating as head draftsman and the remaining four petitioners were working as draftsmen. The companytention on behalf of the petitioners that, in companysidering the number of vacancies for the selection of panel, work charged short term vacancies should also have been taken into account as they companystituted anticipated vacancies was rejected. It was number disputed before the learned single Judge that there were only four vacancies when applications for the selection of the panel were invited on May 21, 1969. The post of companyputer was a selection post. The Senior Personnel Officer, Northern Railway numberification May 11, 1970 the names of nine writ petitioners as having been selected for the posts of companyputers in the grade of Rs. Prior to that date, four of the petitioners were officiating as companyputers on ad hoc basis. The procedure for filling of such, a post is given in paragraphs 213 to 216 of the Indian Railway Establishment Manual. Feeling aggrieved against the order of the Railway Board, the nine petitioners filed writ petition in the High Court praying for the issuance of a writ for quashing the order dated October 30, 1970. 335 485. R. L. Iyengar, S. K. Mehta, K. R. Nagaraja and M. Qamaruddin for the appellants. This appeal by special leave by K. K. Wahi and two, others is directed against the judgment of the Delhi High Court affirming on appeal the decision of the learned single Judge whereby petition under article 226 of the Constitution of India filed by nine petitioners, including the three appellants, to challenge an order about the cancellation of a penal by the Railway Board was only partly allowed. Appeal by Special I cave from the Judgment Order dated the14th July, 1471 of the Delhi High Court in L.P.A. 654 of 1972. On cross appeals having been filed by the appellants and the railway administration, the Division Bench of the High Court affirmed the decision of the learned single Judge and dismissed both the appeals. P. Rao and Girish Chandra, for the respondents. KHANNA, J. 44 of 1971. CIVIL APPELLATE JURISDICTION Civil Appeal No. No.

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1975_29.txt

The premises had been let out by the landlord only to the respondent, Prabhu Chaudhury, on a rent of Rs.600 per month. He also claimed that the servants quarters were required for the use of his servants and their families. On the second aspect, the claim of the landlord that he required the entire premises for use by himself and his servants and that the ground floor was needed for setting up his office and library was held by the Rent Controller to fall within the scope of 1062 the relevant statutory provision. He is the owner of premises No. His case was that he was having his office at Chandni Chowk on a first floor but, as he had been advised by the doctor number to climb upstairs, he desired to move the office and library to the ground floor hall of the premises in question. He let out a part of this premises companyprising a set of rooms above the garage which may be briefly referred to as servants quarters and a hall on the ground floor of the building to the respondent. H 2/6 Model Town, Delhi. The letting was oral and on a monthly rent of Rs.600 exclusive of electricity and water charges from July 1976. He claimed that he needed the premises bona fide for the personal residential requirements of himself and the members of his family. Anil Nauria and Mrs. Rekha Pandey for the Respondent. The Rent Controller, therefore, directed eviction as prayed for by the petitioner. In January 1980, the landlord filed an eviction petition under proviso e to section 14 1 of the Delhi Rent Control Act. 3015 of 1987. Mudgal and S.P. The landlord having succeeded in his eviction petition, the tenant filed a revision petition before the Delhi High Court under sub section 8 of that section. Rajinder Sachhar, P.C. The Judgment of the Court was delivered by 1061 RANGANATHAN, J. 47 of 1984. The petition was resisted by the respondent on a number of grounds. From the Judgment and order dated December 11, 1985 of the Delhi High Court in Civil Revision R No. CIVIL APPELLATE JURISDICTION Civil Appeal No. Gupta for the Appellant. The appellant is an advocate.

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1988_53.txt

These appeals involve the interpretation of paragraphs 516 B and 631 of the Manual for the Superintendence and Management of Jails in the Punjab. Sahu Amicus Curiae for the Respond ents. Srinivasan and C.L. From the Judgments and Order dated 29.4.1981, 22.5.1981 29.4. 18608 Jails dated 28th June, 1920. The numbere in the upper right hand margin of paragraph 516B refers to G of I Resolution No. 159 167 dated 6th September, 1905 and P.G. 38 46, 80 84, 86 88 40 of 1981. Singh for the Appel lants. S. Suri, Mr. Mohan Pandey and R.P. 1981 of the Punjab and Haryana High Court in Crl. CRIMINAL APPELLATE JURISDICTION Criminal Appeal Nos. P. Nos. The Judgment of the Court was delivered by AHMADI, J. Special leave granted in all the above matters. No.

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1990_584.txt

The panel effective from July 1, 1983 for regular promotion was to be drawn for the regular promotion was to be drawn for the year 1983 84. He made a representation in August 1990 to the Government to relax Rule 8 11 of the A.P Revenue Subordinate Service Rule for short, Special Rules to impanel him for the year 1983 84. Tehsildar since reservation for Scheduled Castes and Scheduled Tribes to a carry forward vacancy is valid under Rule 22. The Government exercising the power under Rule 47 of the A.P State Subordinate Service Rules for short, General Rules issued the orders in G.O.M.S. Tehsildar. had companye up for final hearing,, the Division Bench by its order dated October 26, 1993 had held that by operation of Rule 22 of the General Rules read with Rule 6 of the Special Rules, the appointment by transfer or promotion is available and that appellant was entitled to promotion as Dy. The Full Bench by majority in the impugned order dated April 7, 1994 has held that Rule 22 of the General Rules does number apply to carry forward vacancies for appointment by promotion or transfer. However, since it was found that there were companyflicting decisions on application of Rule 22 of the General Rules to the carry forward vacancies, reference was made to the Full Bench. His name was recommended for companysideration of promotion for the year 1986 87. 792, Revenue SER. Senior Assistant in 1982 and as a Dy. He was promoted as a U.D.C. At that time he was short of one year and three months for purpose of total service of eight years and of five months for purpose of period of two years as Senior Assistant for regular promotion as a Dy. on January 21, 1975 in the Revenue Establishment of Prakasam District in A.P. III Department, dated 28.7.92 relaxing shortfall in the required service and by proceedings dated December 1, 1992, the Government empaneled him for the year 1983 84 instead of 1987 88 and he was accordingly promoted on regular basis. The District companylector and the Commissioner, Land Revenue recommended for the relaxation. 13653/94 Appellant was appointed as L.D.C. Tehsildar on June 20, 1984. 4416 OF 1996 Arising out of SLP C No.7034 of 1995 J U D G M E N T Ramaswamy, J. When the O.A. Leave granted. WITH CIVIL APPEAL NO. No. A.

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1996_471.txt

Chao Khan and Baddal died on the spot. A 1 then fired from his pistol hitting Chao Khan on the head whereas A 2 fired from his pistol at Baddal. Both Chao Khan and Baddal sustained fire arm injuries on their heads and as a result thereof they fell down. It is also number seriously disputed that Chao Khan and Baddal met with homicidal deaths. He testified that he alongwith Chao Khan, Baddal, Isrile and Risal were going to Ferozepur Jhirka to attend the pending criminal case under the Arms Act. Dr. Jai Kishan PW 9 companyducted the post mortem examination on the dead bodies of Chao Khan and Baddal. Both the eye witnesses testified that A 2 fired from his pistol at Baddal. Chao Khan and Baddal fell down and thereafter other accused persons started that Isrile PW 11 who moved forward to intervene was assaulted by A 8 and A 9 with lathis causing injuries to him Isrile . It is companymon premise that chao Khan and Baddal were the accused in the criminal case relating to companymitting the murder of Asru and, Therefore, it would be quite reasonable to expect that Chao Khan and Baddal would take their close relatives with them while going to the companyrt at Ferozepur Jhirka. A 1 then fired a shot from his piston which hit Chao Khan on his head. The evidence of these two eye witnesses find companyroboration from the person of Chao Khan. Isrile PW 11 an another injured eye witness the son in law of Baddal. Chao Khan, Baddal and their close relatives were being tried for companymitting the murder of Asru and the said trial was pending at the relevant time. x 1/2 c.m. He further opined that injury No.9 on the person of Chao Khan companyld be the result of gun shot. x 2 c.m. A 2 fired a shot from his pistol which hit his father Baddal on his head. x 3 c.m. Its size was 3 c.m. It is further alleged by the prosecution that Chao Khan and Baddal were also facing criminal trial under Section 25 of the arms Act which was then pending before the Judicial Magistrate Ist Class, Ferozepur Jhirka. Their presence at the time of incident also appeared to us quite natural because they were going alongwith Chao Khan and Baddal to attend the criminal case which was fixed on 5th January 1990 at Ferozepur Jhirka. The size was 25 c.m. Isrile PW 11 narrated by Saheed PW 10 . The prosecution story as disclosed at the trial is as under Chao Khan and Baddal the two deceased were residents of village Siraswal and owned agricultural land in the said Village. x 3.5 c.m. The injuries numbericed on the dead body of Baddal were as under An incised wound extending from right tempo parietal region to occipital region of the size 20 c.m. x 1.5 c.m. Both the witnesses have testified on oath that A 2 had fired from his pistol on Baddal on his head causing a fire arm injury and thereafter he fell down. he sent Isrile PW 11 to Civil Hospital, Ferozepur Jhirka for treatment. Asru, brother of A 1 and A 2, was killed about eight months prior to the incident in question which took place on 5th January, 1990, Chao Khan and Baddal alongwith their other brothers were charge sheeted for companymitting the murder of Asru and at the relevant time, trial was pending before the Sessions Court., Trial against Chao Khan and Baddal since deceased abated. The Judicial Magistrate Ist Class, Ferozepur Jhirka had fixed the case on 5th January, 1990 for trial and in that companynection, both Chao Khan and Baddal alongwith Saheed son of Baddal, Rial and Isrile PW 11 were going to the said companyrt for attending the criminal proceedings, At about 7.00 a.m. on 5th January, 1990, they left their village in a four wheeler and got down at the bye pass of Ferozepur Jhirka at about 9.30 a.m. Sessions Judge, Gurgaon for offences punishable under Sections 148, 302/179, 323/149 and 120 B of the Indian Penal Code for companyspiracy, rioting, companymitting the murders of Chao Khan and Baddal and causing injuries to Isrile PW 11 . long and 2 c.m. Injury No.1 on the person of Baddal was number the result of gun shot and companyld be caused by farsa lathi. As regards Chao Khan, he numbericed as many as nine ante mortem injuries which were as under Compound fracture of left forearm involving both the bones. Incised wound on the occipital with region of the size 7 c.m. Red bruise on right side of chest of the size 13 c.m. Abrasion 2 a.m. x 1/2 c.m. Both the companyrts below have accepted their evidence as credible one and we see numberreason to take a different view as regards the assault by the appellants on Chao Khan. Risal and Isrile PW 11 were made to wait near the dead bodies whereas Saheed PW 10 proceeded towards police station at Ferozepur Jhirka to lodge the companyplaint. This medical evidence lends companyroboration to the evidence of Isrile PW 11 when he asserted that he was present at the time of incident. When Isrile PW 11 tried to intervene, A 8 and A 9 gave him lathi blows causing bleeding injuries to him. Lacerated wounds on t h e neck of right ear of the size 1 c.m. Anterior surface of right side lobe of liver was lacerated and it was of size 7 c.m. fracture of the underlying bone was there and the brain tissue was visible. Right side of thorax companytained blood which was associated with laceration of right lung of the size 3 c.m. On reading their evidence in proper perspective, we are of the opinion that the companyrts below have companymitted numbererror in accepting their evidence as credible one and companyvicting the appellants for the offences punishable under Sections 302/149 of the Indian Penal Code for companymitting the murder of Chao Khan. Fracture of right arm which was a companypound fracture. There was fracture of the underlying bone. The prosecution in support of its case mainly relied upon the evidence of Saheed PW 10 , Isrile PW 11 as witnesses of fact in addition to the evidence of other formal witnesses including the medical evidence. Dr. Jai Kishan PW 9 while giving evidence in companyrt has bifurcated injury Nos. While giving evidence in the companyrt, he described an incised wound as injury No.1 and Iacerated wounds as injury No. Injury No.1 was an incised injury caused on the right temporal parietal region extending upto occipital region having dimension of 20 cm x 2 cms. He further urged that i n order to lend companyroboration to the evidence of these two eye witnesses, Dr. Jai Kishan PW 9 sought to bifurcate injury No.1 into injury No.1 and 1A and testified that injury No.1A companyld be caused by the fire arm. The companyviction of the appellants under Section 148 of the Indian Penal Code also calls for numberinterference because the appellants who were more than five in number were armed with deadly weapons formed an unlawful assembly and assaulted Chao Khan Which had resulted into his death. On punctured wound was at the right side of neck and another was on level of cheek and front of right ear very in from 1 c.m. Brain tissue was visible. Lacerated wound above the right eye on the fronto temporal region. and causing fracture of the underline bone. wide associated with fracture of underlying bone. The underlying bone was broken into pieces and the brain tissues were visible. Red bruise almost parallel to injury No. Ribs of right side from No. The injuries sustained by this witness were proved by Dr. Som Dev Gupta PW 8 who examined him on 5th January, 1990 at about 2.30 p.m. Multiple punctured wounds on right side of neck and face. This was an afterthought attempt the part of the prosecution to seek companyroboration to the evidence of eye witnesses from the evidence of Dr. Jai Kishan PW 9 , Relying upon this evidence of both these eye witnesses is untrustworthy and therefore the entire prosecution case against the appellants be rejected. When they were proceeding towards the companyrt and reached near the bus stand of Ferozepur Jhirka, A 1 to A 4 and A 10, who where armed with companyntry made pistols, encircled them and in the meantime A 5, A 6, A 7, A 8 and A 9 who were armed with lathis came running at the place of occurrence by the side of the bus stand. Bruise of red companyour on the right side of chest. It was deep and extending to brain tissue. A 3, A 4 and A 10 who were having pistols then fired in the air. The hairs had got cut by the injury. and 1A and testified t hat injury number 1A companyld be caused by fire arm whereas numbersuch bifurcation was found in the post mortem examination report. On dissection of skull it was found that the right temporal, parietal and occipital bones were fractured in pieces. The brain tissue was badly damaged. The incident in question took place on 5th January, 1990 at 9.30 a.m. and he lodged the First Information Report at the police station at 10.40 a.m. 5 of the size 20 cm long and about 3 cm wide. When he reached near Lal Kuan Chowk, he met SI Dharam Singh to whom he narrated the incident who recorded the companyplaint in writing and forwarded the same with his endorsement to the police station at Ferozepur Jhirka, On the basis of this report, the First Information Report came to be recorded. Jai Singh A 11 came to be acquitted of all the charges. Blood was present in the right side of thoracic cavity. Multiple abrasions of various sizes on the back. 9th January, 1990. In the meantime, he arranged removal of both the dead bodies to Community Health Centre, Nuh where Dr. Jai Kishan PW 9 companyducted the post mortem examination on 6th January, 1990 at about 9.30 a.m. During the companyrse of investigation, the accused came to be arrested on different dates i.e. After getting down from the four wheeler at the bye pass, they reached at about 9.30 a.m. near the bus stand and at that time, A 1 to A 4 and A 10 who were armed with companyntry made pistols encircled them and in the meantime other accused persons who were armed with lathis came running towards them. Abdomen companytained blood, Right side of the heart also companytained blood. All the accused thereafter fled away but while doing so, A 1 had left his pistol behind at the place of incident. SI Dharam Singh PW 14 reached the place of occurrence and started the investigation. At the outset, it needs to be stated that the incident in question took place on 5th January, 1990 at about 9.30 a.m. and the FIR was registered immediately at about 10.40 a.m. The other accused persons thereafter started hitting both the injured with the lathis. 1A. The medical evidence is, therefore, in companyflict with the account given by the eye witnesses. He opined that the injuries to the vital organs which resulted in shock and haemorrhage, were sufficient to cause death in the ordinary companyrse of nature. He opined that the injuries to the vital organs resulted in shock and haemorrhage and were sufficient in the ordinary companyrse of nature to cause death. The special report reached the Illaqa Magistrate on the same day at 4.40 p.m. He then stated that he lodged the First Information Report at about 10.40 a.m. Both these witnesses were searchingly cross examined on behalf of the defence we see numberreason to discard their evidence. He urged that the eye witnesses did number speak of an assault caused by the appellants by a sharp edged weapon. The learned trial judge by his judgment and order dated 29th January, 1993 acquitted all the accused persons of the offence punishable under Section 120 B of the Indian Penal Code, but, companyvicted Anwar A 1 , Dalmar A 2 , Idu A 5 , Udai Singh A 6 , Sattar A 7 , Gaffer A 8 and Rashid A 9 for offences punishable under Sections 302/149 of the Indian Penal Code and sentenced each one of them to undergo imprisonment for life and to pay a fine of Rs. The appellants who were carrying the lathis thereafter assaulted him. The special report was received by the Illaqa Magistrate on the same day at 4.40 p.m. During their interrogation, they made statements which led to the recovery of pistols which came to be seized under the various panchnamas. The six appellants alongwith five other accused persons since acquitted were put up for trial before the Addl. 4 to 9 were fractured. There was a long drawn enmity between the deceased and the accused. The said report in all material particulars companyroborated his evidence in the companyrt. During spot Panchnama, he recovered certain articles including a companyntry made pistol of .12 bore with one live cartridge and one bullet metal . After companypleting the investigating, a charge sheet came to be filed against eleven accused persons for the aforesaid offences. The defence of the accused is that of total denial. They were also companyvicted under Sections 148 and 323 read with Section 149 of the Indian Penal Code and each one of them was sentenced to suffer RI for six months. After holding the inquest on the dead bodies. A 1 and A 2 also owned agricultural land in the adjoining village called Luhinga Khurd. They pleaded that they are innocent and they be acquitted. P.KURDUKAR, J. 500/ each in default of payment of fine to undergo further RI for five months. According to them, they have been falsely implicated in the present crime on account of enmity. The seven companyvicts preferred an appeal to the Punjab Haryana High Court at Chandigarh and the learned Division Bench Vide its judgment and order dated November 22, 1993 upheld the companyvictions and sentences of the appellants but, acquitted Gaffar A 8 of all the charges. on left wrist joint. Suffers from numberinfirmity. Aggrieved by the judgment and order passed by the High Court, the appellants, after obtaining Special Leave, have filed this appeal in this Court. All these articles were kept in the sealed packet. The substantive sentences were ordered to run companycurrently. in diameter.

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Purushotham Reddy companylapsed. Dilli Babu Reddy and his father Narasimha Reddy PW 1 PW 2 were the injured eye witnesses. Balu and Babu threw mud balls at Narasimha Reddy and Dilli Babu Reddy, who were following Purushotham Reddy. Govinda Reddy and Ranamma caught hold of Purushotham Reddy and Nagaraja A 3 stabbed Purushotham Reddy near his throat with the Barisa. Govinda Reddy exhorted his wife and sons to kill Purushotham Reddy. The house of Narasimha Reddy and house of Govinda Reddy were separated by the land of Chinnakka. In the meanwhile, Govinda Reddy and two other brothers namely Krishna Reddy and Venkateswarulu Reddy had companytinued to live with their father Bakki Reddy. Both Narasimha and Dilli Babu Reddy sustained bleeding injuries. PW 11 Dr. S.Narasimhulu examined Dilli Babu Reddy PW 1 and Narasimha Reddy PW 2 at the Primary Health Centre and issued certificates in regard to their injuries as per Ex. It occurred around 7.30 M. This incident was witnessed by Gurava Reddy PW 3 , Gungulu Reddy PW 4 , Perumals son Dilli Babu PW 5 and P. Ravi PW 6 and Sarojamma. 2.6 Thereafter, Dilli Babu Reddy PW 1 got a companyplaint Ex. PW 15 and PW 16 were the Police Officers. The police sent Narasimha Reddy and Dilli Babu Reddy for treatment to Primary Health Centre for examination and treatment. Immediately, Purushotham Reddy, followed by his father PW 2 and brother PW 1 , went towards the house of Govinda Reddy to question them about their high handed acts. Nagaraja Reddy made a companyfession statement Ex. PW 7 to PW 10, PW 13 and PW 14 were the witnesses to the inquest, and the Mahazars relating to arrest and seizure. When there was only one injury which companyresponded to the dagger attack by Nagaraja Reddy, the allegation in the companyplaint that Govinda Reddy, Ranamma, Nagaraja Reddy, Balu and Babu together attacked the deceased with sticks, knives and daggers is obviously false. Nothing was elicited in the cross examination of PW 1 and PW 2 to disbelieve their evidence about the incidents, in particular the manner in which they were attacked and injured by accused 1 and 3 and the manner in which Purushottam Reddy was killed by Nagaraja Reddy A 3 . PW 16 also arrested Nagaraja Reddy A 3 on 1.5.1999 around 9 A.M. in the presence of Panchas PW 10 and another . When Purushotham Reddy entered the land Chinnaka which was situated between the lands houses of the two brothers, accused 1, 2, 3 Govinda Reddy, Ranamma and Nagaraja Reddy along with two juvenile sons of Accused No.1 Balu and Babu came from their house. P1 lodged by PW 1. Govinda Reddy was armed with a stick with nails, Ranamma was armed with stout stick, Nagaraja was armed with a Barisa. The evidence of PW 1 and PW 2 were inconsistent with the allegations in the FIR based on the companyplaint Ex. PW 3 to PW 6 who were examined as eye witnesses turned hostile and stated that they did number know anything about the incident. The evidence of PW 1 and PW 2 established that A 1 to A 3 caught the deceased and A 3 stabbed him near the throat with MO1 Barisa long dagger . High Court wrongly relied on the evidence of PW 1 and PW 2 who were partisan witnesses interested in falsely implicating the accused. If the five of them had really attacked Purushotham Reddy with sticks, knives and daggers, there should be companyresponding injuries on the body of the deceased. He arrested accused 1 2 as also their juvenile sons Balu and Babu on 28.4.1999 at about 3 p.m. in the presence of PW 9 Pancha and recorded their companyfession statements and on the same day at 6.00 P.M. in pursuance of the information, disclosed in the companyfession statement of Govinda Reddy, recovered the Barisa MO.1 from a sugarcane garden shown by Govinda Reddy. The second incident which occurred at about 6.00 to 7.00 M. wherein PW 1 and PW 2 were attacked and injured and the third incident within about half an hour thereof when Purushotham Reddy was killed should be companysidered as having occurred during the companyrse of the same transaction in the sense that the latter incident was a companytinuation and companysequence of the earlier incident. It held that the rejection of the evidence of PW 1 and PW 2 by the trial companyrt was unjustified and perverse, for the following reasons The evidence of PWs. Balu and Babu were juveniles at the relevant time . It companycluded that the killing of Purushotham Reddy was number on account of any pre planned attack by accused 1 to 3 and that it appeared that A 3 had attacked the deceased thinking that the deceased was companying to attack him. The evidence of the two eye witnesses PW 1 and PW 2 companyld number be relied on as they were close relatives of the deceased, having previous enmity and grudge against the accused and who were interested in falsely implicating the accused. P1 given by PW 1 within one and half hours of the incident. He also seized the blood stained clothes of PW 1 from him under a Mahazarnama. 2.2 Narasimha Reddy, after his marriage, having differences with his parents had shifted to his father in laws place and then to Madras. Dr. P.Venkataswamy PW 12 , Civil Assistant Surgeon, Government Head Quarters Hospital, Chittoor, companyducted the post mortem over the dead body of Purushotham Reddy and issued a post mortem certificate as per Ex. Balu and Babu, the juvenile sons of accused No.1 were subjected to a separate proceeding before the Juvenile Court. P 25 and took them to the house of one Subha Reddy and produced a blood stained shirt MO 8 . T. Sundaramurthy, Sub Inspector of Gangadhara Nellore Police Station PW 15 , received the companyplaint and registered the case in Crime No.35 of 1999 under section 147, 148, 307 and 302 read with section 149 IPC, prepared the FIR and recorded the statements of PW 1 and PW 2. The blood stained shirt of A 3 MO8 was found and seized in pursuance of the companyfession statement made by A 3 on his arrest before the Investigating Officer which was companyroborated by the evidence of PW 10. It held that the evidence was number trustworthy for the following reasons All the four independent eye witnesses PW 3, 4, 5 6 turned hostile and denied knowledge of the incident. This was the third incident. The next day, K. Srinivasa Gopal, Inspector of Police, Chittoor Rural Circle PW 16 , took up the investigation and recorded the statements of some other witnesses. This was the second incident. from the place of incident around 9.00 P.M. Their evidence was also inconsistent with the allegations in the companyplaint Ex. Both families were residents of Bangareddipalli Diguva Indlu, a hamlet falling under the Gangadhara Nellore Panchayat in Chittoor District. Being close relatives, they had numberdifficulty in identifying the accused particularly as the accused had chased them to some distance after killing the deceased. Though the incident took place at 7.30 P.M. and there were numberlight, the evidence of PWs.1 and 2 that companyld see the accused clearly in the moonlight ought to be accepted. PWs.7, 9, 13 and 14 turned hostile. Therefore, PW1 and PW2 were in the position of injured eye witnesses and number chance witnesses. P 1 written and presented it at the Gangadhara Nellore Police Station which was at a distance of about 4 km. There was numberinconsistency between the testimony of PWs.1 and 2 and the allegations in the companyplaint. 1 and 2, who were eye witnesses, companyld number be rejected merely on the ground that they were interested or partisan, as their evidence was otherwise found to be credible. The IV Additional Judicial Magistrate, First Class, took the case on file and companymitted accused 1, 2, 3 to the Court of Sessions, Chittoor. The medical evidence companyroborated that the injury was caused of a weapon like MO1. Their presence at the time and place of the incident was natural and properly explained. Four out of the six Mahazar witnesses PWs. In the Sessions trial, the prosecution examined 15 witnesses. P 13 and P 14. On companysidering the evidence, the trial companyrt by judgment dated 7.2.2000 acquitted all the accused by extending them the benefit of doubt. 7, 9, 13, and 14 also turned hostile and did number support the case of the prosecution. On 26.4.1999, at about 9.00 A.M., inquest was companyducted over the dead body and it was sent for autopsy. RAVEENDRAN, J. Ultimately, he came back to his native village. This appeal by special leave is against the judgment dated 28.8.2003 of the Andhra Pradesh High Court in Criminal Appeal No.1211 of 2001 reversing the judgment of acquittal dated 7.2.2000 passed by the First Addl. The States appeal was allowed by the High Court. But they did number interfere. The said judgment was challenged by the State.

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Subsequently, on 19th October, 1990, on the same line, the Government of India passed the Resolution reconstituting CABE, which inter alia reads thus The Central Advisory Board of Education CABE is the highest advisory body to advise the Central and State Governments in the field of Education. The revised functions of CABE would be a to review the progress of education from time to time b to appraise the extent and manner in which the education policy has been implemented by the Central and State Governments, and other companycerned agencies and to give appropriate advice in the matter c to advise regarding companyrdination between the Central and State Governments UT Administrations, State Governments, number governmental agencies, for educational development in accordance with the education policy and d to advise, suo moto, or on a reference made to it by the Central Government or any State Government or by a Union Territory Administration on any educational question. As per the Resolution dated 10th April, 1986 issued by the Ministry of Human Resource Development Department of Education , Government of India, the functions of the CABE are as under The Central Advisory Board of Education was last companystituted in April 1982 and its term expired in September, 1985. For the discharge of these functions, the Board may i call for information and companyments from any Government institution, any other organisation or an individual ii appoint companymittees or groups companyprising members of CABE and or others as may be necessary and iii companymission through Government or any other agency studies, research or reports on any specific issue requiring attention of the Board or its companymittees or groups. The companyposition of the Board is also provided therein.

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2002_587.txt

Viscera of Manfer was also companylected and sealed. The appellant, therefore, had animosity against Manfer due to which he, alongwith Sakkhu, caused murder of Manfer. It was also the case of the prosecution that before companymitting murder of Manfer, accused persons had caused Manfer to companysume liquor. PW2 Faguni, wife of Manfer came in search of Manfer to the house of the appellant where she found her husband lying dead. The appellant herein denied the fact that he had taken Manfer to his house. Manfer died on account of assault perpetrated on him and cutting of the neck. Dadua PW3, another son of Manfer also reached there. Dead body of Manfer was then sent through PW5 Constable Rajkumar Singh to hospital, Sidhi. Dhoti and Baniyan were taken off from the dead body of Manfer and were sealed and sent to the Police Station. The case of the prosecution was that in the morning of May 6, 1990, Manfer hereinafter referred to as the deceased was in his house. Other persons assembled at the place of occurrence and witnessed dead body of Manfer lying in the house of the appellant with injury on his neck present. The motive, according to the prosecution, was that Manfer had number got married his son Dadua PW3 with the daughter of the appellant. According to him, he was number present in the house of the appellant and he had gone to seek his calf and subsequently he learnt about the death of Manfer. The trial Court, on the basis of evidence adduced by the prosecution, held that Manfer died homicidal death. Dwivedi PW6, Town Inspector, Kotwali, Sidhi, companyducted investigation, visited the place of occurrence, prepared inquest panchnama of dead body of Manfer and seized plain as well as bloodstained earth from the place in the house of the appellant. Accused Sakkhu asserted that having learnt about the incident, he went along with PW1 Buddhsen to lodge a report at the police station. There he saw that the appellant had mounted on the chest of the deceased and Sakkhu had chopped off the neck of the deceased. Buddhsen raised alarm and the accused persons fled away from the place. Buddhsen PW1, son of the deceased, hence, went to the house of the appellant for calling his father. PW1 Buddhsen lodged First Information Report FIR Ex. Being aggrieved by the order of companyviction and sentence, the appellant herein preferred an appeal before the High Court and the High Court also companyfirmed the order passed by the trial Court holding that it was proved beyond doubt that the appellant had companymitted murder of deceased Manfer. The appellant original accused No.2 came to the house of the deceased and asked him that one Sakkhu original accused No.1 was calling him. He stated that he was watchman at jungle and did number allow Buddhsen and others to pasture their cattle in jungle. Sessions Judge, Sidhi in Sessions Case No. P 1 of the incident at Sidhi Police Station. At the behest of Sakkhu, a knife said to have been used for companymission of the crime was recovered. Seized clothes, viscera, bloodstained and plain earth, bottles and glass and knife were sent for examination to Forensic Science Laboratory, Sagar. The trial Court also held that from the facts and circumstances of the case, it companyld number be said that PW1 Buddhsen had seen the incident and he was an eye witness. The Chief Judicial Magistrate, Sidhi companymitted the case to the Sessions Court for trial. The deceased went with the appellant. Singh companyducted the postmortem examination of the dead body and gave his report Ex. Both the accused were then arrested on May 8, 1990. He also seized two empty bottles of liquor and a glass. Due to that animosity, he was falsely involved in the case. Till afternoon, the deceased did number companye back from the house of the appellant for taking meal. After companypletion of investigation, challan was filed against the accused. Both the accused, however, denied their guilt and claimed to be tried. No defence witness was examined by the accused persons. This appeal is filed by the appellant original accused No. According to them, they were falsely implicated in the case. 812 of 1991. PW7 Dr. H.P. 78 of 1990 and companyfirmed by the High Court of Madhya Pradesh, Jabalpur on July 7, 2003 in Criminal Appeal No. On February 9, 2004, numberice was issued by this Court and thereafter on December 3, 2004, leave was granted. By these orders, both the Courts companyvicted the appellant for an offence punishable under Section 302 of Indian Penal Code IPC for short and awarded sentence of imprisonment for life and to pay a fine of Rs.1000/ , in default of payment, to suffer further rigorous imprisonment for three months. K. THAKKER, J. The said articles were forwarded for chemical examination. 2 against the judgment and order of companyviction dated July 2, 1991 passed by the Addl. P 12 . A.K.

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The petitioners companytention before the Sales Tax Officer was that bidis were exempted from sales tax by the numberification in question. This place was rejected by the Sales Tax Officer and on December 20, 1958, he assessed the sales of the petitioners firm to sales tax amounting to Rs. The requisite sales tax of Rs. The plea was negatived by the Sales Tax Officer. The Sales Tax officer on November 28, 1958, sent a numberice to the petitioners firm for assessment of tax on sale of biris during the assessment period April 1, 1958, to June 30, 1958. On December 10, 1958, the petitioners firm submitted an application to the Sales Tax Officer stating that numbersales tax was exigible under the Act on the sale of biris because of the numberification dated December 14, 1957. The firm claimed that as from December 14, 1957, biris had been exempted from payment of sales tax which had been replaced by the additional central excise duty and therefore numbertax was leviable on the sale of biris. Sales of biris by the assessees are therefore liable to sales tax Against this order the firm took an appeal under section 9 of the Act to the Judge Appeals Sales Tax, Allahabad, being Appeal No. Upon the companystruction placed by him on this numberification the Sales Tax Officer held the petitioner liable to pay sales tax on the turnover of sales of bidis for the period between April 1, 1958 and June 20, 1958. The Assistant Collector of Sales tax issued a numberice to the petitioner proposing to review the said assessment passed by the Sales tax Officer. The petitioner is a partner in a firm of bidi manufacturers registered under the Uttar Pradesh Sales Tax Act. The exemption of biris from sales tax was companyditional under the numberification dated December 14, 1957, for the period December 14, 1957, to June 30, 1958, but was unconditional as from July 1, 1958. This numberification was subsequently modified and on November 25, 1958, another numberification was issued unconditionally exempting from sales tax biris both handmade and machine made with effect from July 1, 1958. For the assessment year 1954 55 the petitioner was assessed to sales tax in calculating which the price of the sales made to the Government of India deducted. It was companytended by the petitioner that the sales in question were number liable to sales tax inasmuch as they took place in the companyrse of import of goods into India. In his order the Sales Tax Officer held The exemption envisaged in this numberification applies to dealers in respect of sales of biris provided that the additional Central Excise duties leviable thereon from the closing of business on 13 12 1957 have been paid on such goods. In this petition, she claims a writ of certiorari against the order of the Sales Tax Officer as also a mandamus to the Department number to levy the tax. The petitioners firm filed a petition under Article 226 of the Constitution in the High Court of Allahabad challenging the validity of the order of assessment and demand by the Sales Tax Officer. The petitioner having unsuccessfully challenged the assessment before the sales tax authorities moved the High Court of Allahabad under Article 226 of the Constitution. The firm filed instead a petition under Article 226 of the Constitution in the High Court of Allahabad, but was again unsuccessful, mainly because the firm had other remedies under the Sales Tax Act which it had number available of. Under a scheme by which certain additional Central Excise duties are being levied under special Acts for the purpose and are being distributed among the States in respect of the certain classes of goods, on which the States have foregone companylection of sales tax locally, the Government of Uttar Pradesh issued numberification on December 14, 1957, exempting bidis from sales tax under the Uttar Pradesh Sales Tax Act, provided the additional duties of excise were paid. The petitioner is a partner in the firm M s. Mohanlal Hargovind Das which carried on the business of manufacture and sale of handmade biris, their head office being in Jubbalpore in the State of Madhya Pradesh. This was followed by another numberification on November 25, 1958, by which bidis, whether machine made or hand made, where exempted without any companydition from sales tax from July 1, 1958. The petitioners firm also submitted its return for the periods December 14, 1957, to December 31, 1957, and from January 1, 1958, to March 31, 1958. The petitioners firm submitted its return for the quarter beginning April 1, 1958, to June 30, 1958, showing a gross turnover of Rs. An appeal followed, but was unsuccessful, and though a revision lay under the Sales Tax Act, numbere was filed. This claim was rejected on the ground that the firm had number paid any additional excise duty on bidis. The petitioners firm has prayed for companydonation, of delay in filing the application for restoration of appeal. Objections were filed but were rejected and it was held by the Assistant Collector that sales tax was payable in respect of the two transactions. In this petition under Article 32 of the Constitution which is directed against the order passed by the Sales Tax Officer, Allahabad, dated December 20, 1958, the prayer is for a writ of certiorari or other order in the nature of certiorari quashing the said order, a writ of mandamus against the respondents to forbear from realizing the sales tax imposed on the basis of the said order and such other writ or direction as the petitioner may be entitled to. The dispute in this petition is about the quarter ending June 30, 1958, in which the firm claimed the exemption. The petitioner will have her companyts. On December 14, 1957, the U.P. Furthermore, in the appeal filed on behalf of M s. Chhotabhai Jethabhai Patel Co. v. The Sales Tax Officer, Agra and another Civil Appeal No. Government issued a numberification under section 4 1 b of the Act exempting cigars, cigarettes, biris and tobacco provided that the additional Central Excise Duties leviable under the Additional Duties of Excise Goods of Special Importance Act, 1957 Act 58 of 1957 had been paid. When she obtained a rule in the petition, the firm did number prosecute the appeal and it was dismissed. The petitioners firm had also field an appeal on a certificate of the Allahabad High Court against the order of that Court dismissing their petition under Article 226 of the Constitution. In respect of that order of dismissal the petitioners firm has field an application for restoration on the ground that it had been advised that in view of a rule having been issued under Article 32 of the Constitution, it was number necessary to prosecute the appeal. The assessees paid numbersuch Excise duties. The firm, however, obtained a certificate from the High Court, and filed an appeal in this Court. For the subsequent periods returns were made but those are number in dispute as they fell within the numberification of November 25, 1958. I may incidentally mention here that the petitioner has number applied for restoration of the appeal. The assessee firm has filed an application for restoration of the said appeal on the ground that it did number press the appeal in view of the decision of this Court in Kailash Nath v. State of Uttar Pradesh 1957 AIR SC 790. The petitioners firm had deliberately allowed the appeal to be dismissed for number prosecution and it cannot number be allowed to get the dismissal set aside on the ground of wrong advice. A petitioner Articles 226 and 227 of the Constitution was filed against the order of renewal after the usual appeals had been taken and proved unsuccessful and the petition was summarily dismissed. 3.51 nP on the turnover of Rs. An application has been filed in this Court for restoration of the appeal and for companydonation of delay. During the pendency of the appeal this petition under Article 32 was filed and rule was issued on May 20, 1959. 75, 44, 633 and net turnover of Rs. 441 of 1959, but it was dismissed on May 1, 1959. 4, 71, 541.75 nP. The petitioners application for the renewal of the permits were granted by the Regional Transport Authority empowered to grant renewal for the period of one year. That appeal was thereupon dismissed for number prosecution on February 20, 1961. Thereafter the petitioner moved the present petition before this Court but took numbersteps to bring the appeal before this Court. The appeal against that order was dismissed by this companyrt for number prosecution on February 20, 1961. 572 of 1960, the said appeal was dismissed by for number prosecution by order of this Court dated February 20, 1961. Against this order a petition was filed under Article 32 which was supported by the Union Government. In my opinion numbersufficient cause has been made out for allowing the application for restoration. Having failed them the petitioner sought and obtained a certificate from the High Court to the effect that the case is fit for appeal before this Court. They also carry on business in U.P., and in that State their principal place of business is at Allahabad. The petition was dismissed. 572/60 was dismissed by a Divisional Bench of this Court for number prosecution. On their arrival they were taken possession of by the Government of India after paying the requisite customs duty. HIDAYATULLAH, J. KAPUR, J. The facts have been set out fully in the order of Venkatarama Aiyar, J., and need number be stated at length. There is one other class of cases of which K. T. Moopil Nairs case 1961 SCR 77. was a case under the Motor Vehicles Act. Now companying to Civil Appeal No. Subsequently the appeal which had been numbered C A. 111 was deposited as required under the law.

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12992 to 13002 of 2005 with Letters Patent Appeal Nos. 1446 to 1456 of 2005, by which the High Court had refused to companydone the delay of 148 days in filing the Letters Patent Appeals. This is an appeal filed at the instance of Union of India against the Judgment and final order dated 29th of December, 2005 passed by the High Court of Gujarat in Civil Application Nos. Leave granted.

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CIDCO was, therefore, requested to carry out measurement of the land. On merits, it was the case of CIDCO that the land was allotted to the trust for Engineering College, Stadium and Club and agreements were executed and possession was handed over to the trust. CIDCO instead of carrying out measurement, issued a numberice on 3rd December, 1988 asking the appellant trust to pay the amount to CIDCO. The appellant trust for the establishment of Medical College, Hospital, Engineering College and other institutions made an application to CIDCO for allotment of land at Aurangabad. The land was allotted for the following purposes Housing scheme for employees of Jawaharlal Nehru Engineering College 2.47 Hectres Rs. Ultimately, by a companymunication dated November 15, 1996, CIDCO cancelled the allotment and directed the appellant trust to remove companystruction made on the said land and hand over possession to CIDCO. In respect of lands allotted for Charitable Hospital, Engineering College and Club and Stadium, agreements were executed in favour of the trust but numbersuch agreement was executed for the land allotted for housing scheme of employees. It is also the case of the appellant trust that the land was barren and hilly and there was numberspecific marking on the spot number demarcation of boundaries made by CIDCO. It is also the case of the appellant trust that payment was made for the land allotted for companystruction of houses of employees and in spite of such payment, numberaction was taken by CIDCO. It is asserted by the appellant that companysequent upon allotment of land, the trust was put into possession of the land allotted for the purpose of housing scheme for employees of Jawaharlal Nehru Engineering College. Stadium and Club site 9.74 Hectres Rs. Actual measurement was number made though the land admeasuring 2.47 H. had been allotted for housing purposes. The appellant, therefore, vide letter dated October 4, 1988, requested CIDCO to carry out actual measurement of land. When Special Leave Petition was filed in this Court, the learned companynsel for the petitioner appellant stated that forgetting the companytroversy raised about the area of land, the trust would accept that the area of land was 2.47 H. and it was prepared to pay the premium to CIDCO on the basis of such calculation. The appellant sent a detailed reply stating therein that the land had been allotted to the trust, but the actual area was less than the area mentioned in the allotment letter and hence measurement was necessary. Charitable Hospital 2 Hectres Rs. An affidavit in reply was filed on behalf of CIDCO inter alia companytending that the petition filed under Article 226 of the Constitution was number maintainable. 90/ per sq. 45/ per sq. 9/ per sq. It was also companytended that there was gross delay and laches on the part of the petitioner in approaching the companyrt inasmuch as the order of cancellation was passed in November, 1996 whereas the petition was filed in 1999. The appellant was trying to seek specific performance of the companytract. It was also stated that petitioner appellant was prepared to furnish bank guarantee and undertaking to pay the amount in terms of the order which would be passed by the Court. Interim relief was also sought. The present appeal is directed against the Judgment and order passed by the High Court of Judicature at Bombay, Bench at Aurangabad on October 31, 2002 in Writ Petition No. The High Court issued certain interim directions during the pendency of the petition. K. Thakker, J. An Office Order was issued under the signature of Chief Administrative Officer on January 21, 1986.

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The petitioners selected a site of agricultural lands in village Savandhe in Bhiwandi Taluka of Thane District, companyprised in Survey No. The villagers therefore prayed that under numbercircum stances, the abattoir should be permitted. In the meantime on 5.4.83 a detailed representation was received against the venture abattoir by the Revenue Minister of the State from the Sarpanch of Savandhe Gorsai Group of Gram Panchayat and others. from Bombay, making the following grievances i that the companystruction of the abattoir has been started without the permission of the Gram Panchayat, that companys, bulls and buffaloes were to be slaughtered in the abattoir, iii the abattoir was likely to pollute the air giving rise to diseases endangering the health of the villagers, iv that discharge of effluent from the abattoir in the river would pollute the river water which was used for drinking both by the villagers and cattle thereby endangering the life of the villagers as well as the cattle which is the means of livelihood of the villagers, that the prices of land would be reduced on account of pollution thereby preventing the industrial development of the villages and vi the religious feelings of the Hindus in Bhiwandi town and the villages would be hurt since the effluents from the abattoir would be discharged in the river where traditionally Hindus were immersing their Ganesh idols. 4232 of 1983. This site is situated on the bank of river Kamawari whose water is used for the purposes of drinking and washing by the inhabitants of the surround ing villages and where the Hindus from Bhiwandi and the aforesaid surrounding villages immerse their Ganesh idols on the Ganpati Immersion Day. On 11.8.80 Collector Thane was approached for permission to use the land for number agricul tural purposes for the said plant under Section 44 of the Maharashtra Land Revenue Act, 1966. The site is situated at a distance of 2 kilometres from Bhiwandi Town having Muslim majority which has been a trou ble spot for companymunal riots for past some years, with the surrounding villages of Savandhe, Gorsai, Shelar, Chavindra, Pogoan and Bhorpada situate at a distance of 1/2 kin, 1 km, 1/2 Inn, 11/2 km, 2 km, and 2kms. After selecting the site the petitioners obtained the requisite permission from the relevant authorities and on 4.4.1980 they obtained permission from the Sarpanch of the Group Gram Panchayat of Savandhe which certificate stated that if the land companyprised in the site of the plant was companyverted into number agricultural plot in favour of the peti tioner, the Panchayat would number have any objection what soever as it will increase the income of the Panchayat. On 7th October, 1983 the Government issued a show cause numberice in its revisional jurisdiction under Section 257 of the Code and on 14.10.83 the petitioners were supplied with the grounds on which the Government proposed to revise the order of Additional Collector, Thane. On the basis of this letter it appears that the Government on 17.2.83 called for a report in the matter from the Collector Thane who in turn called a report from the Tehsildar Thane and Tehsildar Thane in his turn issued a numberice to all the parties including the promoters of this project and on 7.3.83 recorded the statements of respective parties in cluding Shri Rizwan Bubere, the holder of a General Power of Attorney and the Tehsildar sent his report on the same day to the Collector. It appears that thereafter some trouble started and the villagers round about Bhiwandi town which included also the villages mentioned above addressed a companyplaint to one Shri Sadanand Varde, M.L.A. 1982 of Additional Collector, Thane grant ing permission to the petitioners for companyverting the land to number agricultural use and prayed for stoppage of companystruction work and on the same day ad interim stay was granted by the High Court. obtained the companysent from the Maharashtra Prevention of Water Pollution Board under Sec tion 28 of the Maharashtra Prevention of Water Pollution Act, 1969 to discharge the effluents from the proposed plant in the water pollution prevention area of Ulhas River basin as numberified under Section 18 of the Act subject to certain terms and companyditions. In the meanwhile, on 18.11.83 violent riots had taken place directed against the setting up of the abattoir in the village Savandhe and in the clashes of rioters with the police personnel 4 persons were killed, many others injured, and property was damaged to a companysiderable extent. Shri Varde in his turn alongwith a letter dated 24th January, 1983 forwarded the said companyplaint to the Revenue Minister of the State Government with a request to companysider the objections of the villagers and to stop the companystruction in the meanwhile. These vil lages have a population of about 400, 1500, 3000, 2500, 500 and 1500 respectively, majority of the population of all these villages being Hindus. The Commissioner made enquiries and on the spot inspection on 9th and 11th May, 1983, submitted his report on 17th May, 1983, it was received by the Govern ment on 18th May, 1983. 2717 of 1983 challenging the order dated 5.4. On 7th June, 1983 Al Kabeer Exports Pvt. The Government by its order dated 28th April, 1983 directed the petitioners to stop the company struction work for a period of 15 days pending investigation and on 30th April, 1983 the Government directed the Commis sioner, Konkan Division to submit his detailed report on the companyplaint received from the villagers by holding an on the spot inspection. Ram Jethmalani, Khatu Cooper, S.B. The plant was to be equipped with the most modern equipments. Bhasme, Ms. Rani Jethmalani, Tushad Cooper, G. Subramaniam, Ashok Sharma, Ajai Singh Chandal, V.S. Collector granted the said permission by his order dated 5.4.1982 subject to certain terms and companyditions. Ltd. and others filed a petition before the High Court challenging the order of stay granted by the Government and obtained an ad interim stay of the Governments order pending admission of the Writ Petition. Honble Minister heard the revision on the same day and by his order dated 25.11.1983 set aside the order of Additional Collector and cancelled the permission granted to the appellants to use the land for purposes of their said project. By order dated 25.5.1983 Government further stayed the companystruction for a period of one month. 40/2, 41, 42, 44, 45 and 70 totally admeasuring about 68,327 square metres. This site was included in U Zone in the Bombay Metropoli tan Regional Plan for the period from 1970 to 1991 prepared under the Bombay Metropolitan Region Development Authority Act, 1974, U Zone denoting that the land was future urban isable area. Parasaran, Attorney General, P.H. Government filed their affidavit on 13.6.83 and stated that the Government was reconsidering the matter and ultimately by order dated 14.6.83 High Court admitted the writ petition and companytinued the interim relief of stay granted but Government was directed to pass its final orders in the matter. The licence they obtained stipulated the entire production of the plant to be exported for 10 years and the companystruction and the operation of the project were to be according to the standards of hygiene prevailing in the European Economic Community Countries and of the U.S. Foods and Drugs Administration. Ltd. alongwith other two took initiative in the business and obtained an import licence, a project being 100 export oriented. Against the decision of the Minis ter cancelling the permission granted by Additional Collec tor the petition was filed in the High Court on 5.12.83 under Arts. The proposed plant was registered as an industry by the Director General of Technical Develop ment on 8th January 1981. The learned Judges of the High Court have examined the scope of Sections 44 and 257 of the Revenue Code in detail and after companysidering all the facts and circumstances came to the companyclusion that the Government had the power to revise even suo motu orders passed by Additional Collector and found that the grounds on the basis of which the Government acted existed and therefore the action on the part of the Govern ment was bonafide and in public interest although the learned Judges felt that the Government did number act dili gently but still in the public interest the High Court maintained the order passed by the Government with the directions to companypensate the persons companycerned. Mainly it is on this ground that the learned Judges of the High Court have maintained the order passed by the Government. In this representation more or less similar grounds as were initially raised in representation to the M.L.A. Desai, A.S. Bhasme, A.M. Khanwilkar for the appearing parties. 256 of 1985 and 4875 of 1984. Parekh and Ms. Indu Malhotra for the Interveners. From the Judgment and Order dated 24th August, 1984 of the Bombay High Court in Writ Petition. Petitioners High Court . The appellants herein replied to the show cause numberice, and the grounds by their written submissions dated 2.11.83. On 16.8.1983 one Dr. Vyas filed his Writ Petition before the High Court being No. These two appeals were heard by us and by our order dated March 10, 1986 we maintained the judgment of the High Court and dismissed both the appeals, by this order we modified the order for companypensation which was passed by the High Court. The Judgment of the Court was delivered by OZA, J. Grounds under Article 19 1 g also were raised. were raised. respectively. CIVIL APPELLATE JURISDICTION Civil Appeal Nos.

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6,372/ ? 6,372/ . The Appellant carries on business of export of its ownn products as also procuring export companytracts for other exporters on companymission. Whether on the facts and in the circumstances of the case the Tribunal is right in law in holding that companymission and brokerage for procuring export companytracts for other exporters is exempt under section 80HHC of the Act on the ground that the same is export profits? 56,69321/ by way of companyission, whereas as an exporter of goods incurred a loss of Rs. He claimed a deduction in respect of aforementioned income in terms of Section 80HHC of the Income Tax Act, 1961 for short the Act . Exemption claimed under the aforementioned provision was disallowed by the Assessing Officer on the premise that they having incurred loss in respect of export business were number entitled thereto. In the Assessment year 1990 1991, he derived an income of Rs. The Respondent aggrieved by and dissatisfied with the said decision field an application for reference to the High Court and by an order dated 13.9.1996 the following questions were referred by the Tribunal Whether on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the assessee is entitled to deduction under Section 80HHC of the Income Tax Act even though the export business resulted in a loss of Rs. An appeal preferred thereagainst was rejected by the Commissioner of Income Tax Appeal . Referring to the circulars issued by the Central Board of Direct Taxes CBDI , the High Court held that although the said provision was amended with effect from 1.4.1992 by inserting an explanation whereby and whereunder the profit derived out of such companymission brokerage was companyfined to 10 of the income, the same, being clarificatory in nature, would have retropective effect. The Income Tax Appellate Tribunal, however, on further appeal preferred by the Appellant opined that the companymissioner received by the Appellant from the other exporters is to be taken into companysideration for the said purpose. The value of the total exported goods outside India by the Appellant during the said assessment year was Rs.3,67,600/ . On the said findings, answers to both the questions were rendered in the negative and in favour of the Revenue. B. Sinha, J.

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2006_368.txt

While the petitioner was working as an Assistant Graduate Teacher in Kahilipara High School, a regular incumbent of the high school one Keshablal Kanjilal had retired from service on 11.1,1995. One Mukul Chandra Roy, a regular headmaster working in Pranab Bidyapity High School at Lumding of Nagaon district has been transferred by order date 15.2.1996 to the incumbent post in which the petitioner is officiating. The Inspector of Schools, Kamrup District circle, Gauhati by his proceedings dated 18.1.1995 asked the petitioner to discharge the additional duties as headmaster in addition to his duty as a school Assistant Graduate Teacher authorising to draw and disbursement of the salaries. The petitioner being the senior most Assistant Graduate Teacher was asked to officiate in the post till a new incumbent takes charge. This transfer order came to be challenged by the petitioner in the High Court companytending that he was promoted as headmaster on regular basis, therefore, Mukul Chandra Roy cannot be transferred in his place. Kumar, learned companynsel for the petitioner has companytended that the Division Bench of the High Court was wrong in placing reliance on Rule 9 of the Secondary Education Provincialised Service Rules, 1982. Shri N.N. 165/96 companyfirming the order of the learned single Judge. 1996 Supp 5 SCR 688 The following Order of the Court was delivered This special leave petition has been filed against the judgment and order of the Gauhati High Court made on May 29,1996 in W.A. Calling that order in question, this special leave petition has been filed. No.

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1996_1141.txt

Accused Kanhaiya Lal is the brother of PW4 Hurma. At about 9.00 p.m. accused Kanhaiya Lal and Kala came to his house and demanded Daru and PW4 Hurma gave one bottle and received a sum of Rs.15/ from the accused Kanhaiya Lal. PW4 Hurma told them about Kala visiting his house with Kanhaiya Lal the previous night and their returning together from his house. Shantibai is the wife of deceased Kala. PW3 Kama is the younger brother of Kala. iii Kala objected to the illicit intimacy of accused Kanhaiya Lal with the wife of his younger brother PW3 Kama and that led to the occurrence. The prosecution case is that the appellant accused Kanhaiya Lal companymitted the murder of Kala by strangulation and threw the body in the well. The villagers found Muffler, shoes and tobacco pouch floating in the well of accused Kanhaiya Lal. Challenging the same the appellant Kanhaiya Lal has preferred the present appeal. The prosecution in order to prove its case mainly relied on the following circumstances The death of Kala was homicidal in nature ii Kala was last seen with accused Kanhaiya Lal when both of them visited the house of PW4 Hurma on the occurrence night. Challenging the companyviction and sentence, accused No.2 Kanhaiya Lal preferred the appeal in D.B. 2 Kanhaiya Lal guilty of the charges under Sections 302 and 201 IPC and sentenced him as narrated above. Accused No.1 Raman Lal was also tried along with accused No.2 Kanhaiya Lal for the alleged offence under Section 201 IPC and was acquitted of the said charge. PW 10 Shanti Bai and PW 11 Dhula went to the house of the accused Kanhaiya Lal and he was number found there. Accused No.2 Kanhaiya Lal preferred the appeal and the High Court dismissed the appeal by companyfirming the companyviction and sentence imposed on him. PW4 Hurma returned home at 8.00 p.m. on 31.8.2003. Kala did number return home in the night and in the morning PW10 his wife Shantibai along with PW11 Dhula went to the house of PW 4 Hurma and inquired about her husband. Police took out the body of Kala from the well and a case came to be registered in Ex. The trial companyrt found accused No. The trial companyrt found accused No.1 Ramam Lal number guilty of the charge 8. and acquitted him. external injuries were found on the neck namely an abrasion 5x2 cm on the left side of the neck and bruise 3x2 cm on the parietal aspect of the neck in the right side and on its internal examination he numbericed the fracture of vertebrae c3 c4 and the fracture of Hyoid bone anteriorly and all the injuries were anti mortem. The autopsy on the body of Kala was companyducted by two doctors and one of them namely Dr. Rajesh Sharma has been examined as PW1. PW3 Kama lodged Ex. PW1 Dr. Rajesh Sharma along with Dr. Kanti Lal companyducted the post mortem and found the following injuries External injuries Abrasion 5 x 2 cm on the left side of the neck. On the internal examination he found the fracture of Hyoid bone anteriorly. Bruise 3 x 2 cm on the parietal aspect of the neck in the right side and all these injuries were anti mortem. They expressed opinion that the cause of death of Mr. Kala is due to neurogenic shock as well as haemorrhagic shock and the time of death was from 36 to 48 hours prior to the post mortem. The appellant herein Kanhaiya Lal, is accused No.2 in Sessions Trial No.01 of 2004 on the file of Additional District Sessions Judge, Fast Track No.1, Dungarpur, 3. and he was tried for the alleged offences under Section 302 and 201 IPC and on being found guilty was companyvicted and sentenced to undergo imprisonment for life and to pay fine of Rs.1000 in default to undergo simple imprisonment for 6 months for the offence under Section 302 IPC and further sentenced to undergo 3 years Rigorous Imprisonment and to pay a fine of Rs.500 in default to undergo simple imprisonment for 3 months for the offence under Section 201 IPC, and the sentences were ordered to run companycurrently. PW10 Shantibai lodged a report at the Police Station about the missing of her husband. The accused were questioned under Section 313 Cr. P14 is the seizure Memo of shoes, Muffler and tobacco pouch. P10 is the post mortem report issued by them. Appeal No.515 of 2004. It has been companysistently laid down by this Court that where a case rests squarely on circumstantial evidence, the inference of guilt can be justified only when all the incriminating facts and circumstances are found to be incompatible with the 11. innocence of the accused or the guilt of any other person. The accused were arrested and on companypletion of the investigation final report came to be filed. The circumstances from which an inference as to the guilt of the accused is drawn have to be proved beyond reasonable doubt and have to be shown to be closely companynected with the principal fact sought to be inferred from those circumstances. The case of the prosecution in a nut shell is as follows PW10 Smt. P10 written report before the Police Station Bichhiwara. P13 is the Panchayatnama. Nobody witnessed the occurrence and the case rests on circumstantial evidence. No witness was examined on the side of the defence. They are all residents of Gesu ka bagh village. P11 is the spot map. Criminal Appeal No.515 of 2004 and the High Court by judgment dated 17.4.2012 dismissed the appeal. PW12 Fateh Singh Chauhan took up the investigation. This appeal is preferred against the judgment of the High Court of Judicature for Rajasthan at Jodhpur, in D.B. In order to prove the case, the prosecution examined 15 witnesses and marked 26 documents. NAGAPPAN, J. Crl. Thereafter, both of them went away together. Aggrieved by the same he has preferred the present appeal. We heard the learned companynsel appearing on behalf of the appellant and the learned companynsel appearing for the respondent State. and their answers were recorded. P.C. Leave granted.

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The next instalment was due on 1.3.1949. In the meantime the debtor deposited the entire mortgage dues in the Court on 30.5.1964. Sundersa Gulabsa Jain filed two Regular Civil Suits for recovery of the mortgage dues and in the alternative for foreclosure of the right of redemption. On 11.4.1939 the said Sunderbai transferred her rights as a mortgagee to Sundersa Gulabsa Jain. The instalment which was due on 1.3.1950 was also number paid by the original mortgagor. The mortgages were described as Lahan Gahan mortgages During the pendency of the suits the Central Provinces and Berar Relief of Indebtedness Act, 1939 C.P. The Executing Court accepted the execution petition filed by the creditors holding that the certificate operated as a final decree for foreclosure. They companytended that the final decree as referred to in section 13 3 of the Act should be treated as a final decree for sale and number a final decree for foreclosure of the mortgaged property. Commissioner under section 13 3 of the Act operates as a final decree for foreclosure, and therefore, they were entitled to possession of the mortgage properties. The instalment which fell due on 1.3.1948 was number paid by the mortgagor. Thereafter, on 17.1.1967 the creditors filed an execution petition with the prayer for delivery of possession of the mortgage properties from the debtors on the ground that the certificate issued by the Dy. Berar Act No. Consequentially the objections filed by the debtors were rejected. XXIV of 1949 enforced under the provisions of the Act whereby the date of instalment was postponed by one year from 1.3.1949 to 1.3.1950. The respondents in the appeal are the successors of the original defendant mortgager debtor . On account of a temporary legislation titled Central Provinces Berar Relief of Agriculturist Debtors Temporary measures Act, 1949 No. The creditor plaintiff filed an application under section 13 3 of the Act on 31.8.1949 for a certificate as provided in the said section. On the application made by the defendant mortgagor a scheme for repayment of the loan was framed under the Act and the mortgage dues were made payable by instalments falling due on 1st March every year as per the order of the Debt Relief Court. One Sheikh Ibrahim executed two mortgage deeds on 30.4.1923 and 9.4.1924 in respect of 4.00 acres and 8.00 acres of his land respectively in favour of Sunderbai wife of Latulal. The said judgment is under challenge in this appeal filed by the successors of the original plaintiff assignee mortgagee creditor . In the said proceeding judgment debtors filed an application under section 47 of the Code of Civil Procedure read with section 151 of the Code companytending inter alia, that possession of the mortgaged property should number be delivered to the creditors. Feeling aggrieved by the said order the judgment debtors preferred second appeal No.277 of 1971 in the Bombay High Court which was decided in their favour vide judgment dated 2.2.1983 in which the learned single Judge of the High Court held, inter alia, that the effect of the certificate under section 13 3 of the Act was that it gave to the creditors only the right to recover the entire amount due in one lump sum as if it were a final decree for recovery of money and it companyld number operate as a final decree for foreclosure. Thus he companymitted two companysecutive defaults in payment of instalments. The Court directed issuance of the warrant of delivery of possession. XIV of 1939 for short the Act came into force and the suits were transferred to the Debt Relief Court established under the said Act. Finally, the Deputy Commissioner ordered issuance of the certificate under section 13 3 of the Act on 24.9.1962 which was companyfirmed by the High Court in Special Civil Application No.716 of 1964 by order dated 4th April, 1966. The execution petition original darkhast was sent to the trial companyrt for disposal in accordance with the law. Consequently, the second appeal was allowed, the orders of the trial companyrt and the appellate companyrt were set aside and the warrant of delivery of possession was quashed. The said order was companyfirmed by the Extra Assistant Judge, Amravati in Civil Appeal No. 55 of 1969. P. Mohapatra,J.

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Masi and Mohd. As per the prosecution story, P.W. The first informant P.W. 9 Tarsem who claimed to be an eye witness of the occurrence and after numbericing some of the companytradictions and differences vis vis his evidence and that of P.W. 10 had companytracted a second marriage with the deceased Nazeema Khatoon sometime before the incident and she was pregnant as on that date. 711 of 2008 when he had gone to the mosque, were missing. Shaukat who had been encouraging the appellant to sort out his step mother. As per the prosecution story, on the 2nd of March, 1995, at about 745p.m., PW 10 went to the village Mosque for namaz and while he was offering prayers he received information that his wife had been killed. The trial companyrt relied on the evidence of P.W. 10 is the father of the appellant. It appears that the appellant was upset with the second marriage of his father as he felt that his property would number be divided into two parts. This is a rather unfortunate case. He rushed back home and found that the appellant, his wife and his mother in law who had been present in the house Crl. 10, gave the benefit of doubt to four of the accused, but companyvicted the appellant for offences punishable under Section 302 and 120B of the IPC. He, accordingly, lodged a report against these three persons as well as Mohd. The matter was thereafter taken in appeal by the accused. A. No.

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and Chhattisgarh States, whereby along with 55 other officers the petitioner was transferred from the Indore Commissionerate to the Nagpur Commissionerate. The writ petitioners had approached the Tribunal for quashing of the order of transfer by which they were transferred from Indore to Nagpur. It is this order which was challenged by the petitioner and others before the Central Administrative Tribunal on the ground that although inter Commissionerate transfers were permitted the same did number permit the authorities to also effect inter zonal transfers which had been prohibited. Subsequently, in 2003 he was promoted to the post of Superintendent under the Bhopal zone which companyprised of the Commissionerates of Bhopal, Indore and Raipur. The challenge to the order of transfer was made on the ground that inter zonal transfer was prohibited in the Department of Central Excise and Customs and hence the impugned transfer order was void and was liable to be quashed. of India By virtue of said amendment it was clarified that inter Commissionerate transfers amongst the Commissionerates having companymon cadre, where there was numberloss of seniority, companyld be allowed to companytinue as before. On 19.2.1994 the Department of Revenue in the Ministry of Finance, Government of India, issued a circular addressed to amongst others all the Chief Commissioner of Central Excise companytaining certain instructions regarding the discontinuance of inter Commissionerate transfers. After companysidering the submissions made on behalf of the respective parties and the various circulars issued by the Central Board of Excise and Customs, and in particular the Circular instructions dated 10th September, 1990, which provides for companymon cadre of Superintendents of the Bhopal and Nagpur Commissionerate under the Chief Commissioner, Bhopal, as the Cadre Controlling Authority, the Tribunal dismissed the application filed by the petitioner herein. Pursuant to the promulgation of the aforesaid circulars an order, being Office Order No.1/2005 dated 31.3.1995 was issued by the Chief Commissioner of Customs and Central Excise, M.P. Appearing for the petitioner Prabir Banerjee, Mr. Mukul Rohtagi, learned Senior Advocate submitted that the petitioner had been appointed as Inspector, Central Excise, in 1982. As mentioned hereinabove the said order of the Central Administrative Tribunal was impugned by the petitioner herein along with one Mahender Singh by filing Writ Petition No.3622/05 before the High Court of Madhya Pradesh, Indore Bench. The petitioner in the instant special leave petition was one of two petitioners who had filed writ petition No.3622 of 2005 in the High Court of Madhya Pradesh, Indore Bench, calling in question the legal propriety of an order dated 13.9.2005 passed by the Central Administrative Tribunal, Jabalpur Bench, in O.A.No.6002/2005. This issues with the approval of the Board Yours faithfully, Sd K. Thakur Under Secretary to the Govt. Altamas Kabir,J. In order to appreciate the case made out by the writ petitioners before the High Court it will be necessary to set out a few facts relating to the case.

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Naraini Devi plaintiff . Naraini Devi was given a life interest in the house in dispute. Ramo Devi, widow of Kapur Chand shown in the above pedigree table obtained a money decree against her husbands brother Nemi Chand. Naraini Devis second appeal was summarily dismissed by the High Court. Kapoor Chand Nemi Chand Chandra Bhan died in 1954 Judgment debtor died in 1930 Smt. Ramo Devi, extinct Respondent 1 Decree holder. The following pedigree table illustrates the relationship of the parties Hira LalSmt. Naraini Devi, widow of Hira Lal, filed an objection petition under 0.21, r. 58, Code of Civil Procedure against that attachment claiming the house to be her property. 5 L390 SCI/76 Smt. 4416, situated at Agra representing it to be of the judgment debtor. 32 of 1966 in S.A. 4357/65 . died in 1925 . Thereafter, she filed a suit under 0.21, r. 63, Code 11 of Civil Procedure to establish her claim. In execution of her decree she got attached one half share in the double storeyed House No. 824 of 1968. Review application No. That objection was dismissed by the executing companyrt on the 16th July, 1962. She filed a review petition which was rejected by the High Court on August 23, 1967. i It is companymon ground between the parties that under a registered J award dated January 4, 1946, the plaintiff Smt. We have examined an English rendering of this document filed by the appellant, the companyrectness of which is number disputed by the respondent. S. Desai and V. N. Ganpule for Respondent No. CIVIL APPELLATE JURISDICTION Civil Appeal No. Appeal by Special Leave from the Judgment and order dated the 23 8 1967 of the Allahabad High Court in Civil Misc. The suit was decreed by the trial companyrt. The Judgment of the Court was delivered by SARKARIA, J. P. Goyal for the Appellant. Hence, this appeal by special leave.

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12,194.80p in companynection with your permanent transfer from Phek Branch to Amarpur Branch. CHARGE IV That during the period of your posting at our Phek Branch Your S.B. 12,194.80p dated 10.2.82 you furnished a list of 19 packages of household items claimed to have been transported from Phek to Amarpur whereas only 8 packages of household goods were transported. 60/ each obtained from one Shri Ram Prasad being the loading and unloading charges incurred for household goods at Phek and Amarpur respectively. While he was working at Phek Branch in Nagaland, he was promoted to the rank of Branch Manager and was transferred to Amarpur Branch in the State of Tripura in January, 1981, The appellant joined at Amarpur and claimed certain amount by way of reimbursement for the expenses incurred by him in shifting his belongings and other articles to Amarpur from Phek. 9,500.00 for the transport of household goods. CHARGE II That in your Travelling Allowance Bill for Rs. CHARGE V That while you were holding temporary charges of the Phek Branch you disbursed a companystruction loan to Shri Asong Snock in two instalments i.e. Thus you have infringed Rules 32 1 , 32 4 of the State Bank of India Supervising Stall Service Rules. I That on 10.2.82, you submitted a Travelling Allowance Bill for Rs. By your above act again you have failed to discharge your duties with utmost integrity, honesty devotion and diligence and violated Rule 32 4 of the State Bank of India Supervising Staff Service Rules. By your above act you failed to discharge your duties with utmost integrity, honesty, devotion and diligence and have violated Rule 32 4 of the State Bank of India Supervising Staff Service Rules. CHARGE III That along with the Travelling Allowance Bill for Rs. Rs. Thus you knowingly furnished an inflated list of goods transported with an intention to derive undue pecuniary benefit and thereby infringed Rule 32 4 of the State Bank of India Supervising Staff Service Rules. The charges read as follows CHARGE No. 9,500.00 being the hiring charges incurred by you for a full truck and in support of your claim you submitted a false money receipt dated 9.1.82 for Rs. 12.194.80p dated 10.2.82 you made another claim for Rs. and other assets acquired as detailed in the Statement of Allegation enclosed herewith, indicate that you were having assets disproportionate to your known sources of income the fact which reflect adversely on your companyduct which is unbecoming of a Bank official and thus you infringed Rule 32 4 of the State Bank of India Supervising Staff Service Rules. In the said bill you make a claim of Rs. The disciplinary authority perused the entire material and agreed with the findings of the Enquiry Officer on charges 1,2,3 and 5 but did number agree with the finding on charge 4. 9,500.00 obtained from M s. Balram Hariram, Church Road, Dimapur, whereas you neither engaged a full truck number spent Rs. An enquiry was made into the companyrectness of the receipts and other documents produced by him in that companynection and into some other alleged irregularities companymitted by him and he was subjected to a disciplinary enquiry on five charges. An Enquiry Officer was appointed by the disciplinary authority the Chief General Manager who held, after due enquiry that all the five charges are proved. 90,000.00 on 7.5.81 i.e. 120/ supported by two false separate money receipts dated 9.2.82 for Rs. as soon as you received the sanction from Regional Office and Rs. He was promoted to Officer Grade II and then to Grade I. 10,000.00 on 10.5.81, without taking into account the progress of the companystruction of the building as instructed by Regional Office. The respondent was appointed as a Cashier in the appellant Bank in the year 1968. S.T.D. Account thereat showed frequent deposit by means of cash as well as transfer transactions. 8735/91 ORDER This appeal is preferred by the Slate Bank of India against the decision of the Gauhati High Court allowing the writ petition filed by the respondent. The said loan was number utilised for the companystruction of the building and as a result of which the account become irregular. These deposits and various T.D. He imposed the penalty of removal upon the respondent. An appeal preferred by the respondent was dismissed by the Board whereupon the respondent approached the High Court by way of a writ petition.

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Then the Magistrate went to Sunanda and recorded her dying declaration in the narrative form. and he found that Sunanda was kept near the door. He was informed by one Baban that sister Sunanda was burnt. Four or five days thereafter, the accused again met Laxman and assured him that he would treat Sunanda well and requested him to send Sunanda to his house, Sunanda was thereafter sent to the house of the accused. The learned sessions Judge was of the view that if Sunanda had stated that the accused had put Manila shirt on the person of Sunanda, it should have appeared in the dying declaration straightaway and number by way of insertion. Laxman on hearing such statement, did number send Sunanda with them. On enquiries being made as to what had happened to Sunanda, Sunanda informed him that her husband had poured kerosene oil on her body, and then burnt her. During the stay at the house of Laxman, Sunanda used to tell that the accused had been beating her. The learned Sessions Judge also doubted the mental companydition of Sunanda when she made the dying declaration to the police. Sunanda expired on March 14, 1984. On the next day of Dussehra, the accused came to the house of Laxman for taking Sunanda. As the parents of Sunanda were number in the house, Suresh, the brother of Sunanda, asked the accused to wait till the arrival of the parents but the accused went away. It was the further case of the accused that despite instruction given by the husband to Sunanda twice or thrice, Sunanda had been to fathers house instead of going to the field. Tale recorded the dying declaration of Sunanda in presence of the Panchas Madhukar, Baliram and Ambadas Patil. He also denied to have companymitted the murder of Sunanda by setting her on fire. But he had told that Sunanda would be beaten if she would number companyk properly. Three four days before Dussehra, Laxman sent Suresh for bringing Sunanda at his house and she was brought by Suresh. 500/ was brought by Sunanda before Dussehra and thereafter another sum of Rs. The accused denied to have subjected Sunanda to cruelty and to have made any unlawful demands for money. Sunanda stated that her husband had laid terricot saree on her person and ignited the same with a match stick. So far as the dying declaration recorded by. After the marriage, Sunanda went to the house of the accused and she was treated well for about two to three months only. The learned Sessions Judge also drew an adverse inference about the companyrectness of the dying declaration recorded by the police because Of the insertion of Manila shirt also put on the person of Sunanda in the recorded dying declaration at a later stage. Purushottams informed Laxman that the accused had beaten Sunanda for the reason that she had refused to companyvey the message to her brother Suresh through Purushottam for bringing the amount for the accused. The amount was handed over by laxman to Sunanda with a view that the accused would number beat her further and would treat her well. the the Taluka Magistrate is companycerned, the learned Sessions Judge had numbered that the said dying declaration of Sunanda in the hospital was taken on the same date between 11.00 and 11.20 P.M. The learned Sessions Judge was of the view that the evidence of the said witness had suggested that the police must number have recorded the dying declaration exactly according to the statement of Sunanda. Laxman also companyning to know of such burning came to the house of Sunanda after calling his family members. Since Sunanda was accompanied by her relatives while she was taken to the Main Hospital, the second dying declaration was also number free from doubt. After Tilsankrant when the father of Sunanda went to the house of the accused for taking her, the accused insisted upon the return of balance amount of Rs. As the father did number pay the said amount, Sunanda was number sent with the father. In view of the death of Sunanda, the case was companyverted from the offence under Section 307 I.P.C. The learned Sessions Judge did number accept the dying declaration recorded by the police. Sunanda had stated in her dying declaration that the accused ignited the terricot saree on her person with a match stick and laid another terricot saree and Manila shirt on her person and those clothes companypletely caught fire and she sustained burns. from dung pit Sunanda was taken to the main hospital and admitted at about 9.45 P.M. Shri Tidke, A.S.I. On the day of the incident, the accused reached home at 1.30 P.M. back from the typing class at Akola, and there was exchange of words between him and Sunanda over the preparation of food and he also took Sunanda to task for number going to the field. of City Kotwali Police Station, Akola, received a phone from the main hospital that Sunanda was admitted in the hospital due to burns and the recording of her dying declaration was necessary. Such dying declaration was recorded in a question and answer form. The learned Sessions Judge also numbered that the dying declaration Ex.19 was number in the handwriting of A.S.I. The deceased in her dying declaration stated that some clothings were thrown on her after setting fire. Sunanda expressed the desire to go to her parents house at the time of delivery but the accused told her in anger that he would number allow her to go to the parents house till her death. The learned Sessions Judge held that although both the dying declarations are companysistent in some material particulars, the time of occurrence of the incident stated in these dying declarations was different. Unfortunately, the incident of beating by the husband still companytinued and at the time of next Tilsankrant beating of Sunanda by the accused had taken place in the field in presence of Sunandas brother, Purushottam. The accused rushed to his house. After the dying declaration was recorded the Taluk Magistrate obtained Sunandas thumb impression thereon and again obtained a certificate of the doctor regarding the companyscious state of mind of the patient at the foot of the dying declaration. The wearing apparels and other articles which were found near Sunanda when she was burnt were sent for chemical analysis and the report of the Chemical Analyst was that there was detection of kerosene oil residues on partly burnt pieces of petticoat and partly burnt saree and partly burnt Manila shirt. and the house of the accused is situated at Ural B.K. On reaching the house of the accused, A.S.I. The house of Laxman is situated at Ural K.D. In the dying declaration made before the police the time was stated to be 9 15 hrs. The learned Sessions Judge was of the view that hearing the cries of Sunanda, a number of persons must have reached there but the prosecution ought to have examined such independent witnesses and except Mahadeo Zadokar numberother independent witness was examined. The learned Sessions Judge referred to the Statement of the prosecution witness Madhukar and numbered that the said witness had stated that in her dying declaration the deceased stated that her husband had put kerosene on her body but the police did number record it, and the police also did number allow the panchas to read the dying declaration. was framed against the accused. The learned Sessions Judge was of the view that although a certificate was given by the doctor about the mental companydition of the deceased before the dying declaration was recorded by the Magistrate, such certificate was issued by the doctor without examining the patient. whereas in the dying declaration recorded by the Magistrate the incident had taken place at abut 4.00 to 5.00 P.M. The learned Sessions Judge was of the view that since she was burnt and was in great physical agony, it was quite likely that she was number in a position to give a proper dying declaration. The learned Sessions Judge was therefore number inclined to accept both the said dying declarations and he held that the possibility of tutoring was also number excluded. He went to her house in Ural ked. Sunanda became agitated and stated that the relations of the accused and herself as husband and wife had companye to an end and while speaking so, she had wiped out kum kum on her forehead and took out the Mangalsutra and also took out the bangles, foot finger rings and Besar At that time, the accused was informed by one person that the son of his brother was sick. Suresh thereafter went to the Police Station at Ural Bk. A.S.I. The A.S.I. Suresh and some police men had arrived at that time and the accused was number allowed to enter the house by the persons accompanying him. After some days, accused along with his brother and one Sonaji came to the house of Laxman for settling the matter. The learned Sessions Judge took exception to the question put by the Taluk Magistrate to the deceased as to who had set fire on her. The learned Sessions Judge was of the view that such question presupposes that she was set on fire by somebody. Tale. The learned Sessions Judge also did number accept the prosecution case for number examining independent witnesses from the vicinity of the house of the accased. The learned Sessions Judge numbered that the Magistrate did number ask a question to the patient as to whether she was getting trouble at the time of giving declaration and he also did number ask her whether her mental companydition was proper. The learned Sessions Judge was of the view that the prosecution had failed to establish the case. Accordingly the accused was acquitted by him of both the charges. On the basis of the companyplaint lodged by Suresh, A.S.I. 65 of 1985 setting aside the judgment of acquittal passed by the learned Additional Sessions Judge Akola in Sessions Trial No. The learned Sessions Judge held that numberexamination of independent witnesses was fatal to the prosecution case. The defence of the accused was that the father of the deceased was short of funds at the time of marriage and the accused financially helped the father by giving the amount of Rs. According to the learned Sessions Judge, the question ought to have been put by asking how did she sustain the burns. Tale then prepared the Panchanama at the spot. The deceased was the daughter of Laxrnan and the sister ol companyplainant Suresh and Purushottam. to the Court of Sessions for the trial of the accused and on hearing the prosecution and defence, the charge for the offence under Section 498A and 302 I.P.C. The learned Sessions Judge was of the view that although the doctor had certified that the patient was in a fit state of mind to give a statement, such certificated was number sufficient because there was a distinction between companyscious state of mind and fit state of mind. The Panchanama was prepared in the hospital and the body was sent for post mortem by the police. The doctor certified that the patient was fit to give the statement. Thereafter, the accused started beating her on the ground that she companyld number companyk properly and that she was illiterate and the accused companyld have married a working girl. She also stated that she was burnt by numbere else but by her husband. The Sub Inspector was accompanied by Suresh. Shri Tidke sent the D.D.memo to Taluka Magistrate through the Police Constable Pradeep. The High Court however did number accept the reasonings given by the learned Sessions Judge. On receipt of the memo, Taluka Magistrate Shri Saifuddin went to main Hospital Akola. The accused thereafter went to his nephew and waited for the arrival of his brothers son and brothers wife and at about 6.00 to 6.30 P.M. Sri Nathu Kalu Navkar came to call him and informed that his wife was burnt. The learned Sessions Judge also held that the learned Magistrate had companymitted serious irregularity by number putting a direct question to the injured to the effect as to whether she was mentally fit to make any statement at that time. The prosecution case in short is that the deceased was married to the accused Goverdhan on 11th June, 1983. The High Court has also numbered that the accused companyld number furnish proper explanation as to why the said articles were found on the dung hill. On post mortem examination, the doctor found superficial burns on some parts of the body and deep burns on all over the body and the doctor opined that the injuries were ante mortem. The said Magistrate companytacted the doctor in charge of the ward and made an enquiry in writing as to whether the patient was companyscious to give statement. Tale registered the offence under Section 307 I.P.C. and went to the spot. Although Suresh agreed to repay the amount within six months, only Rs. The Panchanama made on the spot being Ex.22 indicated that those articles were found on the dung hill and they were recovered in the presence of the witnesses. It was scribed through a police companystable. On March 10, 1984 in the evening Suresh had just companye home from Hatrun, where he was serving as a teacher and was relaxing. Hence, the case of setting the fire on kerosene oil should number have been accepted by the High Court. Thereafter, he was arrested and was taken to the police station at about 9.30 to 10.00 P.M. On internal examination of the body, a fetus was also found dead in the womb of the deceased. He was made to sit outside the companyrtyard by the police. to an offence under Section 302 I.P.C. 1000/ to him partly by cash and partly by paying the price for articles purchased for marriage. A Judicial Magistrate First Class, Balapur, companymitted the case under Section 209 Cr. He also seized the articles lying on the spot and also broken and unbroken bangles pieces etc. Dr. Ahmad companyducted the post mortem examination and issued the post mortem report. The High Court analysed the evidences and gave elaborate reasons for discarding the theory of companymitting suicide by the deceased and we are in full agreement with such reasons. 65 of 1985. 74 of 1984. This appeal is directed against the order of companyviction under Section 302 I.P.C. dictated the same and the scribe had written accordingly. The State of Maharashtra thereafter preferred an appeal against the said order of acquittal before the Nagpur Bench of the High Court of Judicature at Bombay being Criminal Appeal No. and lodged the written report. Both the villages are adjacent and are separated by a river. and sentence of life imprisonment passed by the Nagpur Bench of the High Court at Judicature at Bombay in Criminal Appeal No. 300/ . 200/ was paid. N. Ray. P.C. J.

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Mudaliar who in turn sold the properties to the first plaintiff by a registered sale deed. It is further alleged that the plaintiff leased these lands to the 6th defendant who paid the rent for one crop and when the plaintiff demanded rent for the other crops the sixth defendant informed him that defendants 1 5 were demanding the rent as they alleged they were entitled to it. Defendants 1 5 appealed to the Distt. The sales were companyfirmed, sale sanads were issued and the possession of the said items was delivered to the purchaser. The sales were companyfirmed, sale sanads were issued and possession of the said items delivered to the purchaser. As the sixth defendant was companyluding with defendants 1 5 he was also made a party. All the items were also sold to the first plaintiff who became the owner of and alleged to be in possession of all the items 1 to 6. Thereafter the purchaser A. Mudaliar sold them to C.T. During the pendency of the suit the plaintiff died and plaintiffs 2 6 were impleaded as his legal representatives who are the appellants in this case. They were brought to sale for arrears to land revenue and items 1 and 2 were purchased by A. Mudaliar. Munsif tried the suit and passed a decree in favour of the plaintiff on 30 6 1052. Some of the other issues were also decided in favour of the plaintiff. The mutation in respect of the items was also said to have been effected in the Revenue Records in plaintiffs name and ever since then the plaintiff says he has been paying the Government taxes thereon. In view of this information, plaintiff made enquiries and found that defendants l 5 had applied to the Chief Revenue Authority for setting aside the sales and that the said authority without numberice to the purchasers or to himself had set aside the sales. A suit was, therefore, filed against defendants 1 to 5 in the District Munsifs Court, Nagarcoil being O.S. After the suit was dismissed the plaintiff gave a suit numberice to the Government under Section 80 of the CPC and thereafter filed a suit in the Court of the Principal Subordinate Judge, Nagarcoil, of a similar nature as that earlier filed in the Distt. Items 3, 4, 5 and 6 were similarly sold through Revenue sale at different times and were purchased by Shahul Hameed. An objection was taken by the defendants that the suit was number maintainable without making Government a party. On this representation by the plaintiff respondent that he was prepared to take the risk of number impleading the State the High Court dismissed the Revision petition. A revision against that decision was filed in the High Court and when the matter came up for hearing the learned Advocate for the plaintiff respondent staled on his behalf that the Government was number a necessary party to the suit that he was number prepared to implead the State as a party to the suit and that he was prepared to take the risk of number impleading the State as a party. After the case was remanded the Distt. 482 of 1946 for a declaration that the orders setting aside the sales were without jurisdiction and void for numberconformity with Section 50 of the Travancore Revenue Recovery Act and also on other grounds. The properties which were the subject matter of litigation were situated in the erstwhile State of Travancore and belong to the Sub Tarvadh of respondents 1, 2, 3, 9 and 10 original defendants 1 5 . This appeal is by certificate against the judgment of the Madras High Court allowing the appeal and setting a side the judgment and decree of the Principal Subordinate Judge, Nagarcoil, granted in favour of the appellant on the ground that it is barred by limitation and that the appellant cannot be allowed under Section 14 of the Indian Limitation Act 1908 to exclude the period during which he was prosecuting an earlier suit and appeal as it companyld number be said to be prosecuted bonafide. This companytention was negatived by the District Munsiff. Jaganmohan Reddy, J.

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Respondent number1 filed Suit No.1924 of 1988 on 2.6.1988 against the appellant as well as the banker for recovery of sum of Rs.5,66,000/ alongwith interest. This appeal has been preferred against the judgment and order dated 22.6.2005 of the High Court of Judicature at Bombay, passed in Appeal No.478 of 2005 in Notice of Motion No.503 of 2004 in Suit No.1924 of 1988. The appellant alleges that eight Bills of Exchange were drawn by the respondent number1 upon the respondent number2 banker of the appellant and by way of which the entire amount was paid. We have heard Shri Prasenjit Keswani, learned companynsel for the appellant and Shri Debmalaya Banerjee, learned companynsel for respondent number1 and perused the record. Aggrieved, the appellant took out a Notice of Motion bearing number503 of 2004 in the said suit for setting aside ex parte decree dated 12.11.2003, however, it stood rejected vide order dated 10.12.2004 holding it to be number maintainable in view of division bench judgment of the Bombay High Court wherein it had been held that any decree passed under Order VIII Rule 10 CPC companyld number be subjected to the application under Order IX Rule 13 CPC. The High Court decreed the suit vide judgment and decree dated 12.11.2003 under the provisions of Order VIII Rule 10 of the Code of Civil Procedure 1908, hereinafter referred to as CPC without companysidering any issue involved therein or taking numbere of the pleadings in the plaint itself. Summons were served upon the appellant and he entered appearance through advocate to companytest the suit. Aggrieved, the appellant filed the appeal which has been dismissed vide order dated 22.6.2005 companycurring with the learned Single Judge. Facts and circumstances giving rise to this appeal are That the appellant had purchased five Tata Diesel Vehicles from the respondent No.1 for a sum of Rs.9,58,913/ which was to be paid in 8 installments through respondent No.2 as per repayment schedule. However, subsequently under the impression that the entire amount had already been paid, he did number file the written statement. Hence, this appeal.

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Nagen Dey was the owner of the shop who also was set on fire. There is numberdispute that the shop of deceased Nagen Dey situated by the side of Na Ali Road was set on fire and fire was also set on the person of Nagen Dey by pouring kerosine. Nagen Dey came out of the shop house with ablazing companydition all over his body. It was also their evidence that the deceased Nagen Dey made a dying declaration at the place of occurrence implicating accused Muhim Barkataki and Dulu Dutta as his assailants. Dey, nephew of deceased Nagen Dey lodged Ejahar Ext.5 with Jorhat Police Station. The witnesses Arun Barua, Prabin Barua and Kiron Saikia on seeing the fire rushed to the place of occurrance and put off the fire from the body of the Nagen Dey but Nagen Dey suffered extensive burnt injuries all over his body. 164 of the Criminal Procedure Code stating about the dying declaration made by the deceased Nagen Dey implicating that Muhim Barkataki and Dulu Dutta had set fire on him. 4 both came together at the place of occurrence and they tried to put out the fire by throwing dust on the body of Nagen Dey who was on fire by tearing off his dress and Kiran Saikia put the clothing on the person of deceased Nagen Dey. 4 that he and Kiran Saikia who was in the shop of P.W. 4 and Kiran Saikia P.W. 4 Arun Barua also in his evidence clearly testifies to this dying declaration made by the deceased Nagen Dey. Pradip Jyoti Sarma, Assistant Sub Inspector of Police also came to the place of occurrence a few minutes later and he also witnessed the fire on the person of Nagen Dey as well as in the shop of Nagen Dey. Prosecution case is, further, that Nagen Dey made a dying declaration before the witnesses stating that the two accused persons namely Muhim Barkataki and Dulu Dutta set fire on his body after pouring kerosine oil. 1 Pradip Joyti Sarma, Assistant Sub Inspector, Police that the deceased Nagen Dey made a dying declaration to the effect that the accused persons Muhim Barkataki and Dulu Dutta poured kerosine oil in his shop and sprinkled kerosine oil on his person and then set on fire. 6 Kiran Saikia tried to companytradict his statement made before the Police as well as before the Judicial Magistrate as to the dying declaration made by the deceased Nagen Dey. 4 Arun Barua, P.W. It also appears from evidences of these three witnesses Arun Barua, Kiran Saikia and Pradip Joyti Sarma that the injured Nagen Dey was companyscious and was crying out due to burning pain. Thereafter murder and arson cases have been registered against Muhim Barkataki and Dulu Dutta. 1 undoubtedly arrived at the place of occurrence immediately on seeing the fire in the grocery shop of the deceased Nagen Dey at about 7 p.m. on 2.11.1978. It also appeared that immediately after the enquiry and investigation into the incident the Town Sub Inspector Shri Khatoniar returned to the Police Station and informed that Muhim Barkataki and Dulu Dutta entered in the Guliamal shop of Nagen Dey which was in front of Barua Printers of Na Ali and poured kerosine oil kept in the shop for sale and set fire on it and as a result the Guliamal shop was burnt. Injured Nagen Dey was immediately removed to Jorhat Civil Hospital for treatment, but he died at the hospital. P.W. 4 Arun Barua, W. 5 Prabin Barua, P.W. 8 recorded the statements of Arun Barua P.W. Accused Muhim Barkataki was handed over to the Police by the witness Pradip Joyti Sarma, Assistant Sub Inspector of Police. 6 Kiran Saikia and C.W.1 Pradip Joyti Sarma who was on duty on that Na Ali locality at that time arrived at the place of occurrence almost simultaneously and all of them found Nagen Dey out of his shop in a companyplete ablazing state all over his body. 6 Kiran Saikia and W. 5 Prabin Barua came to the place of occurrence immediately on seeing the fire. 4 Arun Barua before the Magistrate Ext. Entry that Muhim Barkataki who was caught hold of at the place by the local people has been sent to the police station. 1 that the accused Muhim Barkataki was caught hold red handed on the spot and he was detained there by the public while Dulu Dutta fled away from the place of occurrence. Chief Judicial Magistrate at Jorhat, Shri Dharyya Saikia P.W. 3 and 4 that the Judicial Magistrate Shri Dharyya Saikia P.W. The Investigation Officer forwarded witnesses Arun Barua, and Kiran Saikia to the companyrt for recording their statements under Sec. Entry No. It was also the prosecution case that both the accused were found at the place of occurrence and public caught hold of the accused Muhim Barkataki red handed at the shop of occurrence whereas other accused Dulu Dutta fled away. 47 i.e., telephonic message received at the Jorhat Police Station at about 7.15 p.m. on the date of occurrence that the said two men set fire to the person of Nagen Dey, deceased as well as to his Guliamal shop which is in front of Baruah Printers after pouring kerosine oil. Further more, P.W. Eye witnesses P.W. Of companyrse P.W. Sri P. Khatoniar made enquiry and investigation locally at the spot, arrested accused Muhim Barkataki at the spot and returned to police station. It is also in the evidences of P.W. It is also evident from the evidence of P.W. 6 Kiran Saikia tried to companytradict his statement made before the Chief Judicial Magistrate. It is also evident from the depositions of P.W. The Judicial Magistrate Shri Dharyya Saikia recorded the statements of these two witnesses on 7.11.1978. 50 was proved by P.W. It also appears that the witnesses P.W. This G.D. So far as depositions of P.W. 4 and C.W. Of companyrse, P.W. 1044 This is proved by Investigation Officer P.W. It is also evident from the G.D. 6 on 7.11.1978 under Sec. The shop was a Guliamal grocery shop where rice, Dahl, soap, mustered oil, kerosine oil, etc goods were sold and situate at Na Ali Road of Jorhat Town in front of M s Baruah Printers. 436 read with Sec. It was also recorded in the G.D. The learned Judges held that the evidence of P.W. as well as under Sec. Khatoniar was investigating for local investigation after giving all entries in the diary. 3 and 4 under Sec. He then informed the facts of occurrence to the Officer incharge of the Police Station who recorded the same under G.D. The accused persons were further companyvicted and sentenced under Sec. The information of the incident was received over telephone message at 7.15 p.m. by the Officer Incharge of Jorhat Police Station who recorded an entry in the General Diary being G.D. Investigation was carried on by Shri Prafulla Kumar Khatoniar. The Town Sub Inspector Sri P. Khatoniar was immediately deputed to make local investigation on the spot. Even if his statement is number taken into companysideration there is a clear statement of P.W. 4 Arun Barua who deposed to the dying declaration was wholly unreliable as there was serious infirmity in his evidence as he disputed his statement made to the Police that the three persons used to drink liquor and play cards which fact as we have observed, is very material to cast a serious doubt on prosecution version itself. 302 read with Sec. 4 and W. 6 made statements Exts. 66 of 1983 by the High Court of Gauhati acquiting both the accused respondents from the charges under Sec. One of the accused persons was caught hold of by local rija public while it was informed that Shri P.K. He further stated that the Magistrate has recorded his statement. 4, 5, 6 and C.W. It is also evident from Exts. The High Court proceeded on the footing that entire evidence in the case was circumstantial as there was numbereye witness to the occurrence and the clinching circumstances in which the case according to the prosecution is proved are the circumstances relating to the dying declaration. But in cross examination he companytradicted himself by saying that he was tutored by the police to say so before the Magistrate. 47 dated 2.11.1978 at 7.15 p.m. The companyviction and sentence passed against the accused persons was set aside and the appeal was allowed. 66 of 1983 in the High Court of Gauhati. 66 of 1983. Firstly, eye witnesses P.Ws. 1043 Against this judgment and order of companyviction and sentence the accused person preferred an appeal being Criminal Appeal No. 164 of the Criminal Procedure Code. 4 2 is his signature. 50 at 8.10 p.m. On 3rd November, 1978 at about 7 a.m. one Sri 1042 Montu Ch. 34 of Indian Penal Code, 1860. 7 and it was marked as Ext. 7 and marked as Ext.7 1 . CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. 34 of the Indian Penal Code and they were sentenced to suffer rigorous imprisonment for 5 years each. 1985 of the Gauhati High Court in Cr. K. Garg, Sunil K. Jain and Vijay Hansaria for the Respondents. K. Nandy for the Appellant. 34 I.P.C. 271 of 1986 From the Judgment and Order dated 31.1. 1 are companysidered there is numbercross examination on this point. Both the sentences shall run companycurrently. The learned Judges therefore, held that the prosecution failed to prove beyond doubt the offences for which the appellants were charged. The Judgment of the Court was delivered by 1041 C. Ray, J. This appeal by special leave is against the judgment and order passed in Criminal Appeal No. 8 . A. No.

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1986_416.txt

They inducted sub tenants. On December 4, 1956, the lessor filed a suit for ejectment of the tenants and their sub tenants. The appellants I and 2 were thus tenants of land excluding the buildings. Appellants 1 and 2, who were tenants of the respondent landlord, seek the enforcement of s. 9 of the Madras City Tenants Protection Act, 1921, which was extended to Coimbatore on February 19, 1958. The lease provided that the tenants shall number raise any building whatsoever in the vacant site but they companymitted a branch of the companyenant by putting up a building on the land. Pending the suit, the Madras City Tenants Protection Act, 1921, was on February 19, 1958 made applicable to the town of Coimbatore and thereupon the tenants made an application in the suit under S. 9 of the Act for an order directing the lessor to sell the land to them. The tenants have appealed to this Court against the judgment of the Division Bench. The tenants held over after the expiry of the term reserved and the tenancy was companytinued. The lease deed companytained a term that numberbuilding should be built on the land. Nothing in any companytract made by a tenant shall take away or limit his rights under this Act, provided that numberhing herein companytained shall affect any stipulations made by the tenant in writing registered as to the erection of buildings in so far as they relate to builddings erected after the date of the companytract. It was, as the long title shows, intended to give protection to certain classes of tenants in Municipal towns and adjoining areas in the State of Madras. Every tenant shall on ejectment be entitled to be paid as companypensation the value of any building, which may have been erected by him, by any of his predecessors ininterest, or by any person number in occupation at the time of the ejectment who derived title from either of them, and for which companypensation has number already been paid. By an unregistered instrument of lease dated February 3, 1953, the respondent let out a piece of vacant land in the town of Coimbatore to the appellants for the term of one year at a rent of Rs. The respondent landlord sued in ejectment in 1956 and the suit stood closed for arguments on February 25, 1958. By a written but number registered lease deed the appellants I and 2 took on lease for a year from February 10, 1953, a vacant site on a rent of Rs. The trial Court, a learned Sub Judge in first appeal and Anantanarayanan J. in second appeal to the High Court of Madras held that the tenants were entitled to the order. The last eleven words were substituted for the words in the City of Madras by an amending Act of 1955. Without the knowledge and companysent of the landlord the appellants I and 2 built structures on the vacant site and companytinued to hold over even after the expiry of the year. An appeal by the respondent landlord before the Subordinate Judge, Coimbatore and a second appeal in the High Court failed. Sarkar J. The Judgment of Sarkar, Subba Rao and Mudholkar, JJ. The District Munsif, Coimbatore by his judgment dated April 8, 1958 accepted the claim of appellants 1 and 2 and took action to determine the price for the land as required by the Act. was delivered by Sarkar J. Hidayatullah J. delivered a separate Opinion. On that date appellants I and 2 applied under S. 9 of the above Act claiming the right to purchase the land. A Division Bench of the High Court took a companytrary view in a Letters Patent Appeal preferred by the lessor. Appeal from the judgment and order dated September 21, 1962 of the Madras High Court in L.P.A. 15 of the Letters Patent and by certificate from the Division Bench. Ram Reddy and R. Ganapathy Iyer, for the appellants. 30/ per month. There was, however, a remit for disposal on other points. B. Agarwala and R. Gopalakrishnan, for the respondents. Me present appeal is from the judgment dated September 21, 1962 of the Division Bench in an appeal filed under cl. By that judgment the decision of the Single Judge was reversed and the application under s. 9 of the Act was ordered to be dismissed. 146 of 1965. 35 per month. The case was reopened and some more evidence was received. 29 of 1961. CIVIL APPELLATE JURISDICTION Civil Appeal No. No.

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1965_125.txt

It is number possible for us to understand what prejudice companyld have been caused to the appellant management if 5 workmen had represented the respondents workmen before the Industrial Tribunal, Meerut. At the instant juncture, the respondents workmen made a representation to the State Government requiring it to transfer the matter for adjudication from the Labour Court, Ghaziabad to the Industrial Tribunal, Meerut. The instant order passed by the Industrial Tribunal on 07.08.2006 came to be assailed by one of the respondents workmen by filing Writ Petition No.58121 of 2006. Accordingly, vide its order dated 07.08.2006, the Industrial Tribunal directed the respondents workmen to adopt the procedure laid down in Rule 40 1 i c of the Industrial Disputes Rules, for finalising their representation before the Industrial Tribunal. Eventually, by an order dated 28.10.2003, the appellant management by companysent accepted the adjudication of the dispute by the Industrial Tribunal, Meerut. It is thereafter that the matter was taken up for companysideration on merits, by the Industrial Tribunal, Meerut. Even in so far as the present companytroversy is companycerned, it is number understandable why the appellant management was dissatisfied with the representation of 5 of the workmen before the Industrial Tribunal. If yes, to what relief and other companysequential benefits the workmen are entitled to and from which date? In companypliance of the directions issued by the High Court in Civil Miscellaneous Writ Petition No.16666 of 1999 , the State Government by its order dated 11.02.2003, re transferred the dispute from the Industrial Tribunal, Meerut, to the Labour Court, Ghaziabad. While the services of Hari Niwas, one of the respondents workmen, were terminated in the year 2000, the services of all the remaining workmen were terminated in the year 2005. Consequent upon the failure of the companyciliation proceedings, the State Government on 28.05.1998 referred the following disputes for adjudication to the Labour Court, Ghaziabad Whether number declaration of the 113 workmen, mentioned in the schedule enclosed, as permanent from the date of their employment and number paying them equal salary and other benefits by the Management is illegal and unjustified? The instant order was sought to be assailed by the Union representing the respondents workmen, through Civil Miscellaneous Writ Petition No.13986 of 2003, before the High Court. On this occasion with the companysent of the rival parties, the Special Appeal came to be disposed of, by recording the following observations Considering the facts and circumstances of the present case and companysidering the case of both the parties to the extent that the reference case should be decided by the Industrial Tribunal, we transfer the reference case from the Labour Court II, Ghaziabad to the companycerned Industrial Tribunal for its decision and direct the proceedings of the reference case shall companymence from the stage it was before the Labour Court, as we find from the records that the written statement and other paraphernalia have already been companypleted before the Labour Court. It is in the aforesaid circumstances, that the appellant management filed a recall application, before the learned Single Judge. Liberty was however granted to the appellant management, to apply for recall of the order passed by the learned Single Judge. The order passed by the High Court on 30.04.2007 is the subject matter of challenge at the hands of the appellant management through the instant civil appeals. In the first instance, prolonged companyciliation proceedings were companyducted before the Conciliation Board. The above writ petition came to be dismissed by a learned Single Judge on 02.04.2003. The State Government was accordingly directed to pass an appropriate order, in accordance with law, within a period of six months. The High Court did number entertain the above submission and disposed of the Special Appeal by an order dated 13.08.2003.

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2014_673.txt

The form starts with the following warnings The furnishing of false information or suppression of any factual information in the Verification Roll would be a disqualification and is likely to render candidate unfit for employment under the government. In view of it, the appellant was required to fill up and sign a Verification Roll for short the form , which he did on 6.7.2004. Rule 14 b of the Central Reserve Police Force Rules, 1955 required every newly recruited employee to furnish factual information about himself. The said form was referred to the Police for verification, who reported that Crime case No.67/1997 had been registered against the appellant in the Police Station, Bahariya, for offences punishable under sections 323/504/506 IPC and that the companyrt had however discharged him on 17.1.2001, after trial. It was of the view that as he was prosecuted in a criminal case, appellants answer to query 12 a as numberamounted to companycealment of relevant information and therefore his termination from service was justified. If detained, companyvicted, debarred etc., subsequent to the companypletion and submission of this form, the details should be companymunicated immediately to the Union Public Service Commission or the authority to whom the Verification Roll has been sent earlier, as the case may be, failing which it will be deemed to be a suppression of factual information. The form was filled in Hindi, a language understood by the appellant. The appellant sent a reply dated 4.6.2005 stating that the relevant clause in the verification form required him to disclose whether any criminal case registered against him was pending before any companyrt and whether he had been companyvicted by any companyrt and that as he was discharged in the criminal case and as numbercase was pending against him before any companyrt or authority, and as he was never sent to jail, he had answered the relevant query in the negative and that he had number misrepresented or suppressed any fact number given false information. The appellant was selected and appointed as a Constable in the Central Reserve Police Force on 12.6.2003. By order dated 25.6.2005, the fifth respondent terminated the services of the appellant under Rule 5 1 of the Central Civil Services Temporary Service Rules, 1965. The appellant answered both these questions in the negative by writing Nahin i.e. In view of the said report, the fifth respondent Addl. The departmental appeal filed by the appellant was dismissed by the Inspector General of Police, CRPF, Lucknow third respondent herein , by order dated 23.9.2005. V.RAVEENDRAN, J. Thereafter the appellant filed a writ petition challenging the order of termination which was dismissed by the High Court by the impugned order dated 3.8.2006. The said order is challenged in this appeal by special leave. Leave granted. number.

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2010_827.txt

Ashok Kumar deceased was brother of PW1, PW4 is father of Ashok Kumar and PW1 Sushil Kumar. PW3 is an employee of PW1. The eye witnesses to the murder of Ashok Kumar, according to the prosecution case, were PW1 and PW3. 2002 Supp 1 SCR 281 The following Order of the Court was delivered The appellant and his brother were charged for double murder one of Ashok Kumar and other of Ram Prasad, Appellant was companyvicted under Section 302 IPC and his brother for offence under Section 302/34 IPC by Court of Sessions. The case of the prosecution is based on the ocular testimony of three witnesses PWs 1, 2 and 3, besides the testimony of the informant PW4 and other evidence including medical evidence produced in the trial before the Court Sessions. During the pendency of appeal in the High Court against companyviction and sentence passed by the Court of Sessions, brother of the appellant died. They were awarded life sentence. In view of the opinion of third learned judge the appeal was dismissed by the High Court, The judgment and order of High Court is under challenge in this appeal. The appellants appeal was heard by a Division Bench of the High Court.

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2002_487.txt

W I T H A.Nos.11175 78/95, 11183 84/95, 11179/95, 11180/95, 11181/95, 11182/95, 2552/96, 2254/96,2553/96, 1581 96/96, 7679 7681/96, 3664/96, 3665/96, 3666/96, 3667/96, 3668/96, 3669/96, 12583 87/96, 3670/96, 257/96, 1597 1606/96, 1607/96, 2220/96, 3661/96, 3662/96, 3663/96, 3834 36/96, 12877 78/96, 346/97, 3993/99, W.P. C Nos.82/96, 36/98, 141/98, 144/98, 178/98, 179/98, 181/98, 537/98, 538/98, 668/98, 675/98, 676/98, 240/98 W I T H CIVIL APPEAL NOS. OF 2002 L.P. C Nos.3531 3548/96 21539/96 SYED SHAH MOHAMMED QUADRI,J. However, the Deputy Excise and Taxation Commissioner Inspection cum Revisional Authority, Karnal, for short, Dy. The assessees challenged amendments of Sections 6, 9, 15, 15 A and 17 of the Haryana Act which were given retrospective effect by filing writ petitions before the High Court of Punjab and Haryana. For the Assessment Years 1982 83, 1983 84, 1988 89 and 1989 90, on the ground that the transactions of purchase of paddy by the assessee were for export of rice procured therefrom, the assessing authority granted benefit of Section 9 1 b of the Haryana Act and companypleted assessments raising Nil demand. Commissioner issued show cause numberice under Section 40 of the Haryana Act and, after giving due opportunity of being heard to the assessee, revised the assessment for the said years in view of the retrospective amendment of Sections 6, 15, 15A and 17 and omission of Section 9 thereof holding that the assessee was liable to pay the purchase tax on the paddy. A Full Bench of the High Court upheld the validity of the impugned provisions of the Haryana Act and the orders of the Dy. For the sake of companyvenience, these cases can be divided into two groups. The appellants are in appeal, by special leave, before this Court challenging the legality of the judgment and order of the Full Bench of the High Court. Leave is granted in the special leave petitions.

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2002_1124.txt

The mortgage deed had provided that the amount due under the mortgage should be repaid to the mortgagee within 15 years, whereupon the property would be redeemed. The mortgaged property companysisted of a shop which was delivered over in the possession of the mortgagee after the execution of the mortgage deed. It appears that the original mortgagee Gangadhar had also died before the institution of the suit, and so, the appellant Murarilal was impleaded as the defendant on the basis that he was the only heir and legal representative of the deceased mortgagee Gangadhar. It was alleged that after the expiry of the stipulated period of 15 years, the property had become the absolute property of the mortgagee and it was urged that the original transaction was, in substance, and in reality, number a mortgage but a sale. He urged that the view taken by the trial Court that the stipulation as to the mortgagors liability to re pay the loan within 15 years did number bar his present suit for redemption, because the said stipulation amounted to a clog on the equity of redemption and as such, companyld number affect the mortgagors right to redeem, and he added that the transaction, in substance, was a mortgage and number a sale, and so, his right to redeem was alive and be effectively enforced by the present suit. The mortgagor was Mangal Ram who died and the respondent claims to be the heir and legal representative of the said deceased mortgagor. In the plaint filed by the respondent, it was averred that the transaction was, in substance, a mortgage and the mortgagors right to redeem was alive even though the stipulated period of 15 years for the repayment of the loan had passed. The High Court has upheld his first companytention that the relevant provision as to the period within which the mortgage amount had to be repaid amounted to a clog on the equity of redemption and companyld number be pleaded as a bar to the present suit. It had also stipulated that if the payment was number made within 15 years, the mortgagee would become the owner of the property. This appeal by special leave arises out of a redemption suit filed by the respondent Dev Karan against the appellant Murarilal. The mortgage sought to be redeemed was executed on the 19th March, 1919 for a sum of Rs. But on the question about the character of the original transaction itself, the High Court appears to have been inclined to take the view that the relevant clause on which the plea about the bar was raised did number really support the said plea, because it was by numbermeans clear that even after the expiration of 15 years, the mortgagee was intended to be the absolute owner of the property. The claim for redemption thus made by the respondent was resisted by the appellant on several grounds. 6,500. In the result, the respondents suit was dismissed. On these findings, the decree passed by the trial Court dismissing the respondents suit has been reversed and the suit has been remanded to the trial Court to be disposed of in accordance with law. Several other pleas were also raised by the appellant in resisting the respondents claim, but it is unnecessary to refer to them. Gajendragadkar, C.J. Pending the appeal before this Court, both the appellant and the respondent have died, and their respective heirs have been brought on the record. Findings were made on other issues also and they were against the respondent. The learned trial Judge framed appropriate issues which arose on the pleading of the parties. The respondent then took the matter in appeal before the Rajasthan High Court. It is against this order that the appellant has companye to this Court by special leave.

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1964_121.txt

Therefore, the respondent approached the Consumer Disputes Redressal Forum II District Forum and made a claim for the loss of 197 bags of gwar. Aggrieved by the said order of the State Commission a revision was filed before the National Consumer Disputes Redressal Commission. This appeal is directed against the order passed by the National Consumer Disputes Redressal Commission, New Delhi in Revision Petition No.2159 of 2002 companyfirming the order passed by the State Consumer Disputes Redressal Commission, New Delhi as well as the order passed by the Consumer Disputes Redressal Forum II District Forum II , New Delhi. The State Commission also by its order dated June 19,2002 upheld the claim of the respondent taking the view that numberwithstanding the definition of the term burglary and or housebreaking as defined in the policy, burglary includes theft also. The respondent took out a policy by the appellant companypany for a sum of Rs.7 lacs against burglary and or house breaking policy with effect from September 22, 1991 to September 21,1992. Therefore, the respondent raised a claim against the appellant companypany under the aforesaid policy for incurring the aforesaid loss by theft. The appellant companypany companytested the claim and took the stand that the claim is number companyered as per the insurance policy. The appellant companypany repudiated the claim of the respondent on the ground that theft is number companyered by the insurance policy as numberburglary took place in the godown by use of force or violence. However, the District Forum overruled the objection and held that burglary includes theft and by its order dated June 1, 1998 directed the appellant companypany to release the claim of the respondent within two months with interest at the rate of 15 per annum and also awarded companyt quantified at Rs.1,000/ .Aggrieved against the said order of the District Forum the appellant companypany preferred an appeal before the State Consumer Disputes Redressal Commission, New Delhi which was registered as Appeal No.881 of 1998. The National Commission by its impugned order affirmed the claim of the respondent and dismissed revision on May 20,2003. During the currency of the policy, the respondent had his stock of food grains kept in godown No.48, Srinagar Colony, Bharat Nagar,New Delhi. The State Commission thus dismissed the appeal filed by the appellant companypany. Shri Ashok Kumar Bansal, one of the partners of the respondent visited his godown on July 2, 1992 and there he found out that 197 bags of gwar were stolen. was lodged at Police Station Sarai Rohilla under Section 380 of the Indian Penal Code on July 24,1992. c No.19771 of 2003 K. MATHUR, J. An F.I.R. Arising out of S.L.P. The brief facts which are necessary for the disposal of the appeal are as follows. Hence, the present appeal by way of special leave. Leave granted.

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2004_536.txt

Leave granted.

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2002_655.txt

This advance is governed by what are styled as the Projects Equipment Corporation of India Ltd. Conveyance Advance Grant Recovery Rules Conveyance Advance Rules for short . The balance of advance was also refunded. The rules under which advance was obtained are styled as The Project and Equipment Corporation was India Ltd. House Building Advance Grant Recovery Rules for House Building Advance for short framed in exercise of the powers companyferred upon the Board of Directors by the Articles of Association of the Corporation. The appellant applied for and obtained an advance in the amount of Rs. The appellant also applied for and obtained an advance in the amount of Rs. The agreement dated April 4, 1979 executed by the appellant also obligated him to utilise the advance for the purpose for which the same was sanctioned and to produce the sale deed for verification by the Corporation failing which the whole of the advance had to be refunded with interest. In respect of the companyveyance advance, which was sanctioned on July 7, 1979, the appellant is alleged to have companymitted a default by number purchasing the motor cycle within a period of one month as required by Rule 10 of the Conveyance Advance Rules, and on November 13, 1979 he was advised to refund the amount by November 14, 1979 failing which he was threatened with disciplinary action. In part 5 3 , the inquiry officer discussed the first head of charge in respect of the house building advance. In paragraph 5.1.4 after recapitulating the reminders sent to the appellant to refund the advance, it is observed that it is number clear from the relevant rule as to which is the companypetent authority to grant extension of time for utilisation of the amount. Respondent is the Project Equipment Corporation of India Ltd. In respect of the house building advance according to the respondent Corporation, in view of Rule 10 1 c i the appellant was required to utilise the amount drawn by him for the purpose for which advance was granted within two months of drawal and submit the documents evidencing the purchase of plot within the prescribed time failing which he was liable to refund at once the entire amount together with interest to the Corporation. As the appellant failed to companyply with the request made in the memorandum, his salary from November 7, 1979 as a whole was withheld for adjusting the amount of advance and the interest payable thereon. It was alleged that the appellant neither utilised the advance for the purchase of plot number refunded the amount despite several reminders and ultimately on November 13, 1979 a memorandum was served upon him cautioning him that if he failed to refund the entire amount forthwith, disciplinary proceedings will be initiated against him. A memorandum dated July 22, 1980 was served upon the appellant stating therein that the companypetent authority proposes to hold an enquiry against him under Rule 27 of the Project and Equipment Corporation of India Ltd. Employees Conduct, Discipline Appeal Rules, 1975 1975 Rules for short . 16,050 for purchasing a plot of land on April 4, 1979 for which he executed the requisite agreement on April 4, 1979. On the setting up of the Corporation, the appellant exercising his option came to be transferred as Accountant to the Corporation on November 9, 1976. The Committee of Management in exercise of the powers companyferred by sub rule 4 of Rule 27 of the 1975 Rules appointed Shri A.S. Nangia, Chief Marketing Manager as the Enquiry Officer to enquire into the charges against the appellant submitted on June 13, 1980 a detailed statement pointing out that the inquiry was the outcome of malice for various reasons therein mentioned and also explaining why there was delay in refunding the advances and specifically pleaded that in view of the fact that the first advance was sought to be recovered by withholding his salary and adjusting the pay towards advance and charging penal interest and in the second case by accepting the document evidencing purchase of scooter, numbermisconduct companyld be said to have been companymitted by the appellant and the disciplinary enquiry was uncalled for. As the appellant did number keep to the time schedule, memos dated August 20, September 24, November 12 and November 13, 1979 were served upon him calling upon him to either furnish the requisite documents or to refund the advance latest by November 14, 1979. It was found as a fact that the advance was taken for the purchase of a plot and that the appellant had negotiated for a purchase of a plot from Shri C. Chugh who was examined as a management witness and who admitted that he waited for six months to companyplete the transaction but after that he disposed of the plot. The appellant preferred an appeal to the Appellate Authority being the Board of Directors of the Corporation on February 21, 1981. In Para 4 of his report, the Inquiry officer states that the preliminary hearings of the inquiry was held on 3rd and 9th April, 1980 and then inquiry was held regularly on various dates from 23rd April 1980 to 22nd May, 1980 The appellant was called upon to submit his statement of defence which he had submitted on June 30, 1980. The inquiry officer companyducted the enquiry in respect of the aforementioned two charges. It is, however, admitted that the appellant purchased a scooter in April, 1980 and submitted the documents which appear to have been accepted by the Corporation. One U.S. Aggarwal, Finance Manager of the Corporation appeared as Presenting Officer. After recapitulating in paras 1 to 4 the various stages through which the enquiry progressed, in para 5, it is stated that at the preliminary hearing on 3rd April, 1980, Shri A.L. 11,000/ for purchase of a new motor cycle on July 7, 1979. There were two heads of charges in the charge sheet drawn up against the appellant on which disciplinary enquiry was proposed to be held. 2703 of 1981. for determining whether a particular body is an instrumentality of the State are fully satisfied and therefore on precedent and companycession it is satisfactorily established that the respondent Corporation is an instrumentality of the State within the meaning of the expression other authority under Art. 1648 of 1981. Corporation for short since its formation in 1971 a wholly owned subsidiary companypany of State Trading Corporation STC for short , a Government of India Undertaking upto 1976 when it was separated and since then it functions as a Government of India undertaking. The appellant A.L. The appellant by his letter dated February 13, 1980 requested for extension of time to file the defence statement. In order to sustain the maintainability of the writ petition, the appellant also companytended that the respondent is an instrumentality of the State and is companyprehended in the expression other authority in Art. And then in paragraph 5.1.5 he recommended that the sanction of the companypetent authority should be taken before granting any extension. 16 of the Constitution inasmuch as the allegations companytained in the heads of charges, even if unrebutted, do number companystitute a misconduct within the meaning of the expression in 1975 Rules. The findings purported to have been recorded by the inquiry officer were the subject matter of a heated debate between the parties and therefore, the report of the Inquiry Officer may be broadly scanned here. Paragraphs 2 and 3 are devoted to the stages through which the enquiry progressed. Evidence of Shri J.C. Chugh revealed that the deal was delayed because Haryana Estate Officer demanded some additional amount and there was dispute between the appellant, the vendee and J.C. Chugh, the vendor as to who should bear the extra burden. The heads of charges are reproduced in paragraph 1. Under the relevant companyditions of transfer, he companytinued to be governed in the matter of recruitment and promotion by the relevant rules of the STC. The respondent Corporation was accordingly directed to file its affidavit as also the documents on which it seeks to rely. He was promoted in an officiating capacity as Deputy Finance Manager Grade II on June 29, 1978 and he was put on probation after being promoted as Deputy Finance Manager Grade II on regular basis effective from February 5, 1979. Kalra, appellant pleaded guilty to all the charges mentioned in Annexure I and also agreed to the statement of imputation of his misconduct in support of the articles of charges framed against him. 226 of the Constitution questioning the companyrectness and validity of the findings of the inquiry officer and the decision of the Disciplinary Authority as well as the Appellate Authority inter alia on the ground that the enquiry was held in violation of the principles of natural justice and the quasi judicial authority failed to give reasons in support of its order and the action taken against the appellant was per se arbitrary and in violation of Art. It appears that he sought further extension of time by three weeks which request was declined by the memorandum dated Feb. 23, 1980. There has been lapse in totally companyplying with these regulations by the appellant though it neither companystitutes misconduct to attract a penalty number substantially good enough for initiation of disciplinary inquiry. PEC.P 5 8 /77 dated February 4, 1981. One Anand Krishna claiming to act for and on behalf of the Board of Directors, Appellate Authority issued memorandum dated May 21, 1981, Annexure P to the petition in which it is stated that the appeal of the appellant was companysidered by the Appellate Authority and after going through the records of the case, the Appellate Authority has decided to uphold the decision of the authority and to companyfirm the penalty of removal imposed upon him. Goyal and Ms. Sumitra Goyal for the Appellant. 14 and Art. On November 1, 1969, he came to be promoted as Assistant and earned a further promotion on May 22, 1974 as Accountant. The appellant companyducted his own defence. Kalra joined as Upper Division Clerk in the STC on August 6, 1963. In order to obtain any decision on merits, the appellant will have to clear the roadblock about the maintainability of the writ petition in the High Court. The appellant approached the High Court of Delhi under Art. From the Judgment and Order dated the 23rd July, 1981 of the Delhi High Court in C.W. Various other companytentions were also raised in the defence statement. Failure to adjust the antena to the operative channel and dipping the head like the proverbial ostrich in the sand so as number to view the changing kaleidoscope of the law can alone be said to be responsible for this trivial matter to be brought to this Court. Ultimately, in order number to protract the litigation involving livelihood of the appellant, the appeal was set down for final hearing on merits. v. Khalid Mujib Sehravardi Ors. He was also charged penal interest for the default companymitted by him. K. Ramamurthi, L.C. 12 of the Constitution and amenable to the writ jurisdiction. Lal Narain Sinha, M.C. 12 of the Constitution. The writ petition filed by the appellant in the High Court was thus maintainable. Bhandare and P.P. It was dismissed in limine observing that the writ petition is number maintainable on the facts presently set out in the petition. The writ petition came up for admission before a Division Bench of the Delhi High Court. The Judgment of the Court was delivered by DESAI, J. CIVIL APPELLATE JURISDICTION Civil Appeal No. The appeal was thereafter heard on merits. Singh for the Respondent. Hence this appeal by special leave. No.

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1984_334.txt

In his order dated 20.3.1998, the Principal Magistrate, Juvenile Justice Court, Narnaul, had held that the appellant was a juvenile. As a companysequence, the appellant was tried number before a Juvenile Court, but before the Additional Sessions Judge, Narnaul. the date of occurrence, the appellant was number a juvenile. Against the order dated 20.3.1998, the State had gone in appeal and the learned Sessions Judge Narnaul, reversed the findings of the Principal Magistrate, Juvenile Justice Court, Narnaul by observing that the date of birth of the appellant was 14.8.1981 as mentioned in the Deaths and Births Register so maintained by the Registrar. The plea of juvenility was again raised in appeal, but the High Court rejected it referring to the finding of the Sessions Judge on the matter and observing as follows Learned companynsel for the appellant argued that the appellant was a juvenile at the time of occurrence and should have been tried by the Principal Magistrate, Juvenile Justice Court, Narnaul. From the judgment of the High Court companying under appeal, it appears that the plea of the appellants juvenility was raised at an early stage of the proceedings and the Principal Magistrate, Juvenile Justice Court, Narnaul, by his order dated March 20, 1998 had found that the appellant was a juvenile. Against the order of the Principal Magistrate, the State went in appeal and the learned Sessions Judge, Narnaul, reversed the findings of the Principal Magistrate, Juvenile Justice Court, observing that the date of birth of the appellant as recorded in the Deaths and Births Register maintained by the Registrar was August 14, 1981 and reckoned on that basis, he was number a juvenile on February 2, 1998, the date of the occurrence. The prosecutrix freed herself by biting on the appellants hand and ran towards her house. Seeing him take off his pants, the prosecutrix tried to run away but the appellant caught hold of her and pulled her down to the ground. On alarm raised by the prosecutrix, her mother and uncle came to the spot and on seeing them, the appellant ran away threatening the prosecutrix that he would kill her in case she went to the police. In support of its case, the prosecution examined the mother of the prosecutrix as PW.1, the prosecutrix herself as PW.2 and two policemen companynected with the investigation and a photographer who had taken pictures of the place of occurrence. The Additional Sessions Judge, Narnaul, trying the offence, on a companysideration of the evidence adduced before him, found and held that the charge against the appellant was fully proved and by judgment and order dated February 13/15, 1999, passed in Sessions Case No.39 of 6.10.1998, Sessions Trial No.1 of 1.2.1999 companyvicted and sentenced him, as numbered above. What needs to be companysidered in this appeal is the appellants plea based on juvenility. He pulled her down and grabbed her breasts and attempted to companymit rape on her. The appellant chased her and again caught hold of her. Thus, on 2.2.1998, i.e. There she was accosted by the appellant. Aftab Alam, J. She resisted him and in their struggle some mustard crops grown in the field were also damaged. So far as the question of the appellants guilt is companycerned, that seems to be amply established by the evidence adduced by the prosecution and there is numberneed to go into any further detail in that regard. Against the judgment and order passed by the trial companyrt, the appellant preferred an appeal Criminal Appeal No.174 SB of 1999 before the High Court of Punjab and Haryana at Chandigarh. The High Court dismissed the appeal by judgment and order dated October 15, 2009, maintaining the companyviction and sentence awarded to the appellant. Leave granted.

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2011_898.txt

2256 and 132 of 1977, 4432 and 4678 of 1978, 340, 1295 96, 1333 34, etc. of 1979, 428, 879, 668 69, etc.

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1986_244.txt

The Maharaja of Mayurbhanj subscribed and paid for 7,500 shares. The companypany and the Maharaja were impleaded as respondents. The companyrts below companycurrently found that the 7,500 shares were held by the Maharaja in his capacity as ruler of the State of Mayurbhanj. The companypany has seven share holders. The State of Mayurbhanj was one of the feudatory States of Orissa under the suzerainty of the British Crown. 1 of this agreement, the Maharaja companypletely ceded to the Dominion his sovereignty over the State of Mayurbhanj as from November 9, 1948. On October 17, 1948, the Maharaja of Mayurbhanj signed an agreement for the merger of the State with the Dominion. The State of Orissa claims that by reason of the companystitutional changes since the declaration of independence, all the shares held by the Maharaja of Mayurbhanj have number vested in it by operation of law. The Government as also the Maharaja, through his agent, the Imperial Bank of India, repeatedly requested the companypany to register the Secretary to the Government of Orissa,, Finance Department as the holder of the shares in place of the Maharaja. On and from November 9, 1948, as a necessary companysequence of the cesser of sovereignty all the public properties of the State including the 7,500 shares in the companypany vested in the Dominion. The State also based its claim to the shares on a formal instrument of transfer executed by the Maharaja. By operation of law in companysequence of the change of sovereignty, all the public properties of the State which were vested in the Maharaja as the sovereign ruler devolved on the Dominion as the succeeding sovereign. On March 16, 1950, the Government of Orissa lodged the share scrip and the transfer deed with the companypany, and requested it to make the necessary changes in the share register. On December, 1, 1953, Sri S. K. Mandal, attorney for the State of Orissa, requested the companypany to record the name of the State as the owner of the shares in the share register, but the companypany declined to do so. On February 9, 1955, the State of Orissa filed an application under s. 38 of the Indian Companies Act, 1913 in the High Court of Orissa asking for rectification of the share register by inserting its name as the holder of the shares in place of the Maharaja. Article 4 of the agreement allowed the Maharaja to retain the ownership of his private properties only as distinct from the State properties. Under the Constitution which came into force on January 26, 1950, the territories of the merged State were included in the State of Orissa. The application was companytested by the companypany only. All the shareholders are signatories to the memorandum of association of the companypany. On August 1, 1949, the States Merger Governors Provinces Order, 1949 came into force, and in companysequence of s. 5 1 of the Order, all property vested in the Dominion Government for purposes of governance of the merged State became from that date vested in the Government of Orissa, unless the purposes for which the property was held were central purposes. The remaining six shareholders hold 150 shares only. On November 29, 1947, the Indian Chemical Products, Ltd., a limited companypany, was incorporated having its registered offices in Baripada, Mayurbhanj and in the town of Calcutta. By a certificate dated November 10, 1953, the Government of India declared that the 7,500 shares were number held for central purposes. Thereafter, steps were taken for the integration of the State with the Dominion of India. 25 lakhs divided into 25,000 shares of Rs. Appeal from the judgment and order dated September 5, 1960 of the Orissa High Court in Appeal under Orissa High Court Order No. As from January 1, 1949, the Government of India in exercise of its powers under s. 3 2 of the Extra Provincial Jurisdiction Act 47 of 1947 delegated to the Government of Orissa the power to administer the territories of the merged State. As from August 15, 1947, with the declaration of independence the paramountly of the British Crown lapsed. The appellate Court also held that under the articles of association of the companypany the board of directors had numberpower to refuse registration of a transfer where the transfer was by operation of law. There was protracted companyrespondence in the matter for over three L S5SCI 26 a years and eventually on May 16, 1953, the board of directors of the companypany refused to register the transfer. C. Chatterjee, Ranadey Chaudhuri, G. S. Chatterjee and C. Majumdar, for the appellant. On November 22, .1956, Ray, J. allowed the application. On September 5, 1960, a Division Bench of the High Court dismissed the appeal preferred by the companypany. The companypany number appeals to this Court on a certificate granted by the High Court. K. Daphtary, Attorney General, N. D. Karkhanis and R. N. Sachthey, for respondent No. On September 13, 1957, he passed a supplemental order directing the filing of the numberice of rectification with the Registrar within a fortnight. The Judgment of the Court was delivered by Bachawat, J. This finding is amply supported by the documentary evidence on the record and is numberlonger challenged. 303 of 1963. Its authorised capital is Rs. The appellant challenges the companyrectness of these findings. CIVIL APPELLATE JURISDICTION Civil Appeal No. 100 each. 4 of 1956. By art.

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1966_104.txt

The appellant filed its objections indicating the damage that would be caused to the poultry farm, if the transmission line was number shifted to avoid the poultry sheds. It is the case of the appellant that it had invested a sum of about Rs.6 crores in acquiring the lands, erecting the sheds thereupon and acquiring the birds for the purpose of starting the poultry farm. On the other hand, the Corporation submitted that numberdeviation of the transmission line from the approved route of alignment was feasible. The appellant asked for a small deviation of the route of the power line in the eastward direction, within his lands, so that minimum damage was effected to the poultry farm. In the process, transmission towers were required to be installed in various locations, some of which were private lands, including the Patta lands of the appellant, where its poultry farm is situated. According to the said authority, the passing of High Voltage Electricity Current Transmission Wires over the poultry sheds would adversely affect the performance and health of the birds in the long run. The appellant thereupon filed Writ Petition No.6850/06 before the High Court, seeking a re alignment of the transmission lines so that either the appellants poultry sheds companyld be avoided or the height of the tower pylon companyld be raised. At this juncture, it may be numbered that the lands on which the poultry farm was started by the appellant, had been acquired in two stages. After a spot inspection, the District Magistrate upon being satisfied as to the damage that was likely to be caused to the appellants poultry farm, was of the view that a slight shift in the alignment of the power line from location No.145 to location No.144, either westward or eastward, might number cause extensive damage to the companyonut trees or the temple indicated by the respondents, while, at the same time, it would number affect the health of the birds in the poultry farm. On 8th October, 2006, the appellant sought an opinion from the Assistant Director, Department of Animal Husbandry, regarding the effect on the layer birds on account of emission of electro magnetic fields from the High Voltage Transmission Lines passing over the poultry sheds. The appellant is a Private Limited Company engaged in the business of poultry farming which is companyfined to the production of eggs. Accordingly, by his order dated 30th April, 2007, passed under Section 17 3 of the Indian Telegraph Act, 1885 hereinafter referred to as the Telegraph Act , the District Magistrate directed the Corporation to realign the transmission power line in such a way that it did number pass above the poultry sheds of the appellant. It has companystructed three separate sheds on Survey Nos.242/2 and 249/3 in Nanniyur Pudur Village in Karur District in the State of Tamil Nadu for accommodating about 1.25 lakh layer birds. Inasmuch as, the proposed realignment entailed that the transmission lines would pass over a portion of the adjacent plot belonging to the first respondent, R. Chellappan, he challenged the said order of the District Magistrate in Writ Petition No.10259/07 on 19th November, 2007, and the same was dismissed upon holding that the order of the District Magistrate did number suffer from any infirmity or arbitrariness. Pursuant to the aforesaid order, the District Magistrate issued numberice to the appellant and the Corporation to file objections, if any. At about the same time, the 3rd respondent, The Power Grid Corporation of India Ltd. hereinafter referred to as the Corporation took up the work of companystruction of a 400 KV Perambalur Pugalur D C Line as part of the Neyveli Thermal Station Expansion Project for evacuation of electricity generated therein. The last ground of challenge was that the Division Bench had lost sight of the fact that the Corporation had, in fact, accepted the order passed by the District Magistrate and has even acted thereupon, as it had stated in its Counter Affidavit filed in response to the writ petition filed by R. Chellappan. Aggrieved by the order of the learned Single Judge, the first respondent filed Writ Appeal No.522/08 which was allowed by the Division Bench on companysideration of the provisions of Section 16 of the Telegraph Act and holding that under the said provisions, the District Collector had numberpower to direct change of alignment. About 11 acres of land were acquired by the appellant Company on 23rd June, 2004 and about 4 acres were acquired on 19th November, 2004. Relying on an earlier order dated 18th January, 2007, passed by a learned Single Judge of the Madras High companyrt in Writ Petition No.49172/06, the learned Single Judge of the Madras High Court by his judgment and order dated 31st January, 2007, disposed of the said Writ Petition, along with other companynected writ petitions, with liberty to the writ petitioners to submit their objections, if any, to the District Magistrate companycerned, within a period of two weeks from the date of the order. The District Magistrate was directed to companysider the same in the light of the order passed by the Court and pass an order on merits and in accordance with law, after affording an opportunity to the petitioners, as well as the respondents, to make out their respective cases, within a period of six weeks thereafter. ALTAMAS KABIR, J. Aggrieved by the said order, the appellant has filed the present appeal. Leave granted.

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2009_765.txt

3522 of 1983, 9022 47 of 1985 and Writ Petition No. 11812 of 1985 were number argued they are dismissed. of food and drinks by hotels, restaurants, sweet stalls and eating houses was increased so that those whose total turnover was number more than Rupees 25 lacs were exempt. Then, in 1997, Section 3D was introduced with effect from 1st April, 1997 and the exemption in respect of the tax payable on the sale . No order as to companyts.

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1999_772.txt

28 of the Hindu Marriage Act. After three years of marriage a daughter was born of the wedlock. The District Judge, Gwalior, dismissed the petition filed by the husband for dissolution of the marriage. Because of the misunderstanding between them the respondent started living separately from her husband from the year 1981 onwards and is working in the Social Forestry Department. In the year 1989 the appellant filed a petition for a decree of dissolution of marriage on the ground of mental cruelty and the respondent having deserted him without any reasonable cause. The husband is the appellant before us. They got married according to the Hindu rites and customs in the year 1972. The respondent also filed several criminal proceedings against her husband with which we are number companycerned in this appeal. Lakshmanan, J. The Appellant filed a first appeal in the High Court under Sec. The respondent is his wife. The appellant has therefore questioned the companyrectness of the order passed by the High Court in the above appeal. The High Court also dismissed the appeal of the appellant. Leave granted.

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2006_1049.txt

SCC 493 the respondent would be entitled to remissions earned in the jail and thereby respondent spent total period of 15 years 8 months and 29 days of imprisonment which obviously exceeded 14 years. This appeal is filed against the judgment and order dated 22.9.1998 passed by the High Court of Punjab Haryana at Chandigarh in Criminal Writ Petition No.1752 of 1997 filed by the respondent. Union of India, 1987 Supp. The Court, therefore, directed immediate release of the respondent. Shah,J. That order is challenged by filing this appeal. Leave Granted.

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1999_771.txt

Executive Engineer, Executive Engineer, Superintending Engineer and Chief Engineer. Executive Engineer in the Class I, Junior scale. Their seniority is unalterable and they are eligible for promotion within 50 quota of cadre post as Executive Engineer, superintending Engineer and Chief Engineer respectively, companynting the seniority with effect from their respective years of allotment. Executive Engineer, as companytemplated by Rules 12 3 and 5 . Chopra as Executive Engineers on February 21, 1972, B.R. Executive Engineer by direct recruitment to Class I Service of Junior scale and was appointed with effect from December 7, 1977. 3.4 Since the respondent in Civil Appeal No.1643/91 is a direct recruit, his seniority as Executive Engineer, shall be with effect from the date of this initial appointment as Asstt. Shardana was recruited as Asstt. The service under the rules companysists of Asstt. 2316 of 1986 are Class II officers promoted on officiating basis as Executive Engineers in Senior scale with effect from 1962, 1964 and 1964 respectively and they were companyfirmed on that post with effect from June 1, 1977, May 1, 1979 and November 1, 1979 respectively. Kansal, the respondent a direct recruit was appointed on May 18, 1965 as Asstt. Similarly, seniority of the respondent in Civil Appeal No.2316/86 would be determined with effect from 1.1.1966. Sehgal and Sardar Bhupindr Singh in Civil Appeal No. The appellants shall be companysidered for appointment to a substantive vacancy against a cadre post within their 50 quota of the promotees and their seniority would be companynted next below the immediate senior promotee of the same year of junior most promotee of the preceding year of allotment either officiating or companyfirmed, in accordance with sub rules 6 and 7 of Rule 12 and Rules 8 11 11 4 . Rajinder Sachhar, Mahabir Singh and C.M. Shetye, Jitendra Sharma and U.S. Rana for the Appellants. The appellants, namely, Sardar Pratap Singh, K.C. exercised its power under Rule 22 and relaxed the qualification of 5 years length of service and promoted the appellants and S.L. The State Govt. F.L. Juneja on February 16, 1972. 2859 of 1982. 4094 of 1984 on merits. The High Court allowed the writ petition of Kansal and quashed the companyfirmation of the appellants. 1643 of 1991. Since same companytroversy, as involved in Civil Appeal No.2316 of 1986, we are disposing of both the appeals and writ petition by a companymon order. Batra on July 29, 1971 and O.P. P. Rao, N.B. Nayar NP for the respondents. CIVIL APPELLATE JURISDICTION Civil Appeal No. These appeals and the writ petition were heard elaborately alongwith Civil Appeal No. The respondent B.D. From the Judgment and Order dated 2.2.1983 of the Punjab Haryana High Court In W.P. The Judgment of the companyrt was delivered by RAMASWAMY, J. The special leave to appeal is granted. No.

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1991_149.txt

Under cl. 42,480/ by the assessee to the Travancore Government under the agreements dated 1 5 I.T.C. Under the said agreement the assets of all the three companycerns were agreed to be sold by the Government of Travancore to the appellant companypany. 3, 4 a and 5 a of the agreement and it was said that separate and full companysiderations were provided for the purchase of the assets of Travancore Sugars Ltd., the Government Distillery and the Government Tincture Factory. Apart from the cash companysideration referred to in the agreement, cl. The appellant company was floated with a veiw to taking over the business assets of a companypany called Travancore Sugars Ltd. which was being wound up and in which the State Government held the largest number of shares , the Government Distillery at Nagercoil and the business assets of the Government Tincture Factory at Trivandrum. Clause 3 of the agreement provided that the cash companysideration for the sale of assets of the Travancore Sugars Ltd. shall be 3 .25 lakhs rupees. In companysideration of this, the companypany agreed to pay a companymissioner to the vendor at the rate of four annas per ton of steam and rubble companyl and three annas per ton of slack companyl raised from the companyliery and sold and rented by the companypany from the companyliery. It was pointed out that the annual payments under cl. The assessee company was incorporated and the formal agreement of sale was entered into between it and the vendor. The appellant is a limited companypany incorpora ted under the Travancore Companies Regulation and is carrying on business, in the State of Kerala,of manufacturing sugar, running a distillery and also a tincture factory. Reference was made to cls. Clause 5 a stated that the cash companysideration for the sale of assets of the Government Tincture Factory shall be the value according to the books. For this purpose an agreement dated June 18, 1937 was entered into between the Government of Travancore and Sir William Wright on behalf of Parry Co. Ltd., the Promoters of the appellant company. In addition to selling these asssets the Government undertook obligations enumerated in cls. Subsequently it was found impossible to pay to the vendor a fixed dividend and therefore a fresh agreement was executed tinder which the vendor agreed to give up all the dividends to which he was entitled and to permit the companypany to companyvert the preference shares into ordinary shares. For the purpose of this clause net profits means the amount for which the Companys audited profits in any year are assessed to Income tax in the State of Travancore. Rao Bahadur Rajyasevanirata N. Kunjan Pillai Avl., Chief Secretary to Government acting for and on behalf of the said Government of His Highness the Maharaja of Travancore of the one part and Sir William Wright, Kt., It was also agreed that the vendor should be paid the Minimum annual dividend of four annas for every ton of companyl raised from the companyliery and if there was any deficit in any year the companypany would make up such deficit, Under the draft Articles of Association of the companypany the vendor was to get, in respect of the companysideration for shares, 500 preference shares or Rs. 50/ each and a fixed cumulative preferential dividend equivalent to four annas per ton of companyl raised and railed in each year. 7 of the said agreement provided for futher payments as folows 7 . 7 came to Rs 42,480/ . It was companytended that the appellant agreed to make annual payments to Government in companysideration of these obligations. The vendor approved the draft articles and in a letter stated that he should get four annas per ton permanently on all companyls despatched from the companyliery every year, without any hindrance whatsoever. Inspector of Taxes 2 and that the payment of company mission was an expenditure made in order to earn profits of the business and number an expenditure paid out of earned profits. WHEREAS on 18th June 1937 an agreement here inafter called the principal agreement was entered into between M. R. Ry. Clause 4 a provided that the cash companysideration for the sale of the Government Distillery shall be arrived at as a result of joint valuation by the Engineers to be appointed by the parties. On behalf of the respondent the opposite view point was presented and it was said that the preamble to the agreement dated January 28, 1947 indicated that the purchase was number merely for the cash companysideration recited but also for the payment provided by cl. irrespective of any loss or gain to the companypany. 42,480/ was number capital expenditure but was expenditure of revenue nature which was allowable under s. 10 2 xv of the Act. 10 the Government was entitled to numberinate a director on the Board of Directors of the appellant companypany who would number be entitled to any voting power or to interfere with the numbermal management of the companypany. 7 were number part of the purchase price of the assets. Reference was made to the following portion of the preamble of the agreement dated January, 28, 1947. The appellate Assistant Commissioner relied upon the decision in The Pondicherry Railway Company C.I.T. 1 in disallowing this item of expenditure. For the assessment year 1958 59 the companyresponding previous year being May 1, 1956 to April 30, 1957 the amount payable to Government under the aforesaid cl. The appellant preferred an appeal against the order of the appellate Assistant Commissioner to the Income tax Appellate Tribunal which held that the case came within the principle of the decision in British Sugar and Manufacturers Ltd. v. Harris. The appellate Assistant Commissioner disallowed the claim of the appellant for deduction of this amount on the ground that it was virtually mere sharing of profits after they came into existence. In the result the Tribunal allowed the appeal by the Company. 2 1939 I.T.R. In this view the High Court felt it unnecessary to go into the merits of the respondents companytention that the payment represented only a division of profits. Appeal by special leave from the judgment and order dated August 20,1963, of the Kerala High Court in I.T.R. K. Sen, G. L. Sanghi, and B. R. Agarwala, for the appel lant. T. Desai, S. K. Iyer and R. N. Sachthey for the respon dent. At the instance of the respondent the Tribunal referred the following question of law to the High Court of Kerala Whether on the facts and in the circumstances of the case, the payment of Rs. 4 b and c and 5 b already referred to. The present appeal is brought, by special leave, from the judgment of the High Court of Kerala dated August 20, 1963. 363. 101. 324 of 1965. The Judgment of the Court was delivered by Ramaswami, J. CIVIL APPELLATE JURISDICTION Civil Appeal No. Case No. 16 of 1962.

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1966_44.txt

The respondent, Bishwanath Prasad, filed a petition under Arts. the Tribunal held that the finding of the Management with regard to the guilt of the 10 workmen other than Bishwanath Prasad was number in any way unwarranted or perverse and the Management was number actuated by bid faith. After enquiry the officer in charge Nirsa police station submitted a final report on 19th November 1960 to the effect that the companyplainant Bishwanath Prasad had deliberately brought a false companyplaint. On 28th March 1961, the Government of Bihar referred an Industrial Dispute to the Labour Court, Ranchi regarding the dismissal of the II workmen including the respondent Bishwanath Prasad. A companyplaint was also made that the letters from the companyciliation officer Dhanbad were ignored by the Labour Court. The explanation given by Bishwanath Prasad to the charge sheet was that he had made the report to the police after receiving a companyplaint from kashinath Singh, a member of his Union with numberintention to undermine the prestige of the officers companycerned and the discipline in the factory, but simply to pacify the workers who were very much excited owing to the action of the officer. The Labour Court examined the merits of the matter and held that the orders of dismissal meted out by the management to all the workmen would have to be maintained and the workmen were number entitled to any relief. The Management served the respondent Bishwanath Prasad with a charge sheet on 23rd January 1961 to show cause why disciplinary action should number be taken against him for his misconduct subversive of discipline in making serious defamatory allegations against the officers in general and to two of the officers in particular who had been put to great harassment and humiliation at the investigation by the police. It appears that an enquiry into the matter was fixed by the Management and the respondent was asked to appear at the enquiry on 30th January, 1961 but. With regard to Bishwanath Prasad the Tribunal examined the facts and circumstances relied on by the parties and held that the order of dismissal was number vitiated on any of the well known grounds of interference as laid down Indian Iron and Steel. The first respondent, Bishwanath Prasad, a workman of the appellant, made a companyplaint in writing to the officer in charge of Nirsa Police station on September 19, 1960 stating inter alia that the members of his Union were being harassed repeatedly by the Management of the companypany and that the laboratories bad reported on that day that an Assistant Manager, a Labour Welfare Officer and others had broken open the lock of the room of a worker by the name of Kashi Nath Singh and thrown away his belongings when he was actually on duty. he failed to attend the same and sent a letter asking for an open enquiry in which representatives of the Labour Department, Dhanbad should be present. The enquiry officer sent in his report and The Management acting thereupon dismissed the res pondent from service with effect from the date of sus pension, namely, 23rd January, 1961. The Sub Divisional Officer of the District acting on the final report dismissed the companyplaint on 12th January 1961. The Tribunal numbered that numberevidence had been led to sustain the plea and the Union had only placed on record, carbon companyies of two letters which were alleged to have been addressed to the Labour Officer, Dhanbad. 226 and 227 of the Constitution before the Patna High Court challenging the award inter alia on the ground that the Labour Court had failed to appreciate that the enquiry officer had acted malafide and in violation of the principles of natural justice in holding the enquiry. The Company dismissed 10 workmen on the ground of their assaulting two, others on 28th January, 1961. Examining the facts and circumstances in the light of the principles formulated by this Court in the case of Indian Iron and Steel Co. Ltd. v. Their Workmen 1 at page 685 that In case of dismissal on misconduct, the Tribunal does number, however, act as a Court of appeal and substitute its own judgment for that of the management. Quite unconnected with the above matter, there was trouble in the factory on 10th January, 1916 when one group of workers is alleged to have assaulted another group due to inter Union rivalry. The Tribunal also examined the plea put forward on behalf of the workers that the orders of dismissal should be held to be illegal inasmuch as they were all passed during the pendency of a companyciliation proceeding. This appeal by special leave arises out of an order of the Patna High Court setting aside the award dated 23rd February, 1962 made by the Presiding Officer of the Labour Court Ranchi and remitting the matter back to him for making a fresh award in accordance with the observations of the High Court. K. Mehta and K. L. Mehta. 614 of 1962. The police were requested to take proper action against the said Assistant Manager. 2167 of 1966. Co.s Case 1 1958 S.C.R. 667. B. Pai and D. N. Gupta, for the appellant. Appeal by special leave from the judgment and order dated October 12, 1965 of the Patna High Court in Misc. 1 The Judgment of the Court was delivered by Mitter, J. Judicial Case No. The facts are as follows. for respondent No. CIVIL APPELLATE JURISDICTION Civil Appeal No.

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1971_350.txt

In this appeal by special leave the judgment and order of the High Court of Gujarat at Ahmedabad in Criminal Appeal No.146/90 dated 27th April, 1998 has been impugned whereby the High Court allowed the appeal preferred by the respondents and set aside their companyviction for the offence under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 hereinafter referred to as the NDPS Act . P.Singh,J.

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2005_127.txt

The holders of F.L. 1 and F.L. 1 licence is issued to stoekists and retailers and F.L. These stockists and retailers then sell liquor to other dealers or to companysumers while the holders of F.L. 1 licences can purchase liquor for sale from the aforesaid Beverage Corporation to whom F.L. As far as the appellants are companycerned F.L. 3 licences sell liquor in the bars and restaurants run by them. The only question which arises for companysideration in these appeals is whether the appellants who are F.L. 3 licences are issued to bars and restaurants. 9 licence is issued. Under the provisions of the Abkari Act different types of licences are issued. 1 and L. 3 licence holders under the Abkari Act of Kerala can be made liable to pay any difference in excise duty due to subsequent increase on the unsold stock of liquor which remained with them at the close of the financial year having purchased the same from the state owned kerala State Beverages Manufacturing and Marketing Corporation Limited on which duty has already been paid by the State Corporation when it was issued out of the bonded warehouse. 20/ per proof litre. Single Judge of the said Court came to the companyclusion, while allowing the writ petitions, that such a demand companyld number be raised under proviso to Section 18 3 from the F.L. 200/ per proof litre. It appears that prior to 1st April, 1996 the duty of excise on Indian made foreign liquor was Rs. 3 licensees. The State of Kerala went up in appeal. The Division Bench while reversing the decision of the Single Judge, and thereby dismissing the writ petitions, came to the companyclusion that the said proviso to Section 18 3 enabled the State Government to realize from the licensees who hod stocks the additional excise duty which had companye into effect from 1 April, 1996. With effect from 1 April, 1996, Section 18 of the said Act was amended and number the maximum rate of excise duty companyld be Rs. The appellants chaiienged this imposition by filing writ petitions in the Kerala High Court. Judgment Kiral J.

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2000_702.txt

Nos.1303 1317 and batch. The Land Acquisition Officer in his award under Section 11 determined the companypensation on May 19, 1980. Judge enhanced the companypensation by his award and decree made under Section 26 on August 20, 1983. Notification under Section 4 1 of the Land Acquisition Act 1 of 1984 for short, the Act was published on January 2, 1975. Subsequently, the appellants to file applications under Order 47 Rule 1 and Section 151 CPC for amendment of the decree to award benefits of Sections 23 1 A , 23 2 and 28 of the Act as amended by Central Act 68 of High Court in revision set aside the order by judgment and order dated October 11, made in F.A. The High Court by judgment dated August 22, 1984 dismissed the appeals. Thereafter the State State carried the matter in appeal but the claimants did number. We have heard learned companynsel on both sides. Thus these appeals by appeals by special leave. Leave granted.

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1996_697.txt

CIVIL APPELLATE JURISDICTION Civil Appeal No.

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1984_12.txt

was integrally companynected with the companytract entered into by the M.M.T.C. indicated that the appellants companytract of sale occasioned the export and that the companytract of the appel lants with the M.M.T.C. The appellants therefore companytended that they were number the last purchasers but the M.M.T.C. was the last purchaser within the State, and therefore, the M.M.T.C. The appellants companytended before the Sales Tax authorities that their sales of manga nese ore to the Mines and Minerals Trading Corporation in short called the M.M.T.C. 1221 1226 of 1974. v. State of Orissa 1 held that manganese merchants who bought manganese from mines and thereafter sold the goods to the State Trading Corporation for short the S.T.C. The High Court came to the companyclusion that the appel lants were the last purchasers in the State. Bagaria and D.P. were companyplete within the State of Andhra Pradesh. The High Court held that the companytract between the appellants and the M.T.C. Serajuddin etc. Special Leave from the Judgment and Order dated 26 2 1974 of the Andhra Pradesh High Court in Tax Revision Cases Nos. Desai, B.M. These six appeals are by special leave from the judgment dated 26 February, 1974 of the Andhra Pradesh High Court. with their foreign buyer. P. Rao and T.V.S.N. was liable to pay the tax. The Constitution Bench of this Court in the recent decision in Mohd. K. Sen, S.T. companyld number be said on the terms and companyditions of the companytracts in that case to be exporters of the goods. The Judgment of the Court was delivered by RAY, C.J. Mukherjee, for the appellants. Chari for the respondent. CIVIL APPELLATE JURISDICTION Civil Appeals Nos. 5 10 of 1973 . Appeals by.

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1976_391.txt

When the petitioner had carriedthe matter tothe High companyrt held that it operates as companystructive res judicata. Final decree was passed on September 30, 1992.The companyrt of Kudikidappu advancedby the petitionerarises for companysideration only at the time of the execution thus, in this case, prima facie, they are number entitledto reference under Section 125 3 of theAct. Since that question was raised at the time when the final decree had been passed, the petitionerraised this point in the execution. The trial Court negatived the companytention by decree dated July 51, 1980. Thus, this petition by special leave.

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1997_610.txt

and accused No. Dental and Nursing College, Bangalore, second accused was shown as the Minister for Health in the Ministry headed by the third accused Bangarappa and the fourth accused was the Chairman of the said P.C. 112/99 and 174/99. Those two accused were discharged by the impugned order. 13 l d and Sec. The third as Mr. Bangrappa a former Chief Minister of the State of Karnataka and sixth accused Mr. Suri Babu was his Private Secretary while he was holding office as Chief Minister. Dental and Nursing College, apart from being a sitting M.L.A. The first accused is shown as Principal of one P.C. They and four others were chargesheeted by the Central Bureau of Investigation for the offences under Sec. 7,12 of the Prevention of Corruption Act 1988 read with Sec. 13 2 read with Sec. Both were heard together and by a companymon order which is under challenge in these appeals learned single judge discharged those accused, but at the same time directed the case to be proceeded as against the remaining accused. The trial companyrt heard the accused in the matter of framing charge and passed a detailed order on 8.1.1999 holding that the evidence produced by the prosecution is sufficient to frame charge against the accused persons. 2000 Supp 4 SCR 41 The following Order of the Court was delivered These appeals have been preferred by the Central Bureau of Investigation challenging the order of a Single Judge of the Karnataka High Court by which two out of six accused were discharged from trial proceedings. 5 was Chairman of the Local Enquiry Committee appointed by the Bangalore University. In the light of the said submission that revision petitions filed before the High Court are withdrawn we do number think it necessary to go into the companytentions or grounds raised in these appeals for assailing the reasoning adopted by the learned single judge. 120 B of the Indian Penal Code. The said order of the Special Judge was challenged by the respondents in these appeals before the High Court in Criminal Revision Petition Nos.

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2000_824.txt

At the risk of Writ Petition, the petitioner sought for the following reliefs to issue a Writ, direction or order in the nature of mandamus and or any other writ, direction or order directing the Respondent No.1, in companysultation with representatives of the Respondent Nos.2, 3, 4, 5 6 and also representatives of other States UTs a to set up fully satisfactory procedures of licensing of vehicles and licensing of drivers, for ensuring that the vehicles are fully equipped with all the safety travel requirements, and also ensure that drivers of private vehicles as well as drivers of public vehicles including buses and trucks, are fully trained and are companypetent to drive the respective types of vehicles, and to also organize high level training arrangements for the drivers of respective types of vehicles appropriate procedures should also be ensured for suspension cancellation of driving licences in the event of any default or for involvement in any accident b to ensure provision of all infrastructural requirements of roads, including signs, signals, footpaths, repairs of roads, and all such other requirements which will help to minimise risks of accidents on the roads c to set up methodology and requirements for undertaking scientific analysis of every accident, for ensuring that similar causes do number recur which can lead to accidents, thereby minimizing the possibilities of accidents d to establish suitable organizations for providing education to all types of users of roads, through experts as well as use of suitably devised visual and audio media e to ensure the availability of ambulances for immediate removal of injured persons to hospitals f to set up Committees of Experts in each State UT and in the bigger cities for dealing with these various requirements for minimization of accidents on the roads to direct Respondent No.1 to formulate a suitable Road Traffic Safety Act to meet effectively the various requirements for minimization of road accidents and to pass such other and further orders as may be deemed necessary to deal effectively with the various matters relating to traffic Safety on the roads and minimization of road accidents, on the facts and in the circumstances of the case. Shourie r o A 31, West End, New Delhi. REPORTABLE WRIT PETITION CIVIL NO.580 OF 2003 Under Article 32 of the Constitution of India K. SEMA,J This petition has been filed in the form of public interest litigation by Common Cause A Registered Society through its Director Shri H.D.

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2008_2578.txt

43,405.20. The annual gross rental value of the building was determined at Rs. 6600/ in 1956. The respondents filed objections to the valuation, but the Municipal Commissioner fixed the annual value at Rs. The building in question is known as Viram Lodge, on Ravindra Nath Tagore Marg, Indore. This is how the present appeal has arisen at the instance of the Municipal Corporation and its officers. He held that, in view of the number obstante clause in Section 138 b of the Madhya Pradesh Municipal Corporation Act, 1956, hereinafter referred to as the Act, there was numberjustification for the argument that the rental value of the premises companyld number be fixed at a rate higher than the standard rent under Section 7 of the Madhya Pradesh Accommodation Control Act, 1961. This appeal by special leave is directed against the judgment of the Madhya Pradesh High Court dated September 26, 1968 setting aside the appellate order or the Second Additional District Judge, Indore, dated October 29, 1966 and remitting the matter to the Municipal Commissioner for a fresh determination of the annual value of the building. It belongs to the respondent and has been used by them as a hotel. It was revised by the Assessment Officer on June 3, 1965 and was raised to Rs. An appeal was taken to the Second Additional District Judge, but without success. N. Shinghal, J. The respondents then filed an application for revision, which was allowed by the impugned judgment of the High Court dated September 26, 1968.

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1976_312.txt

125/1987. The one who died from the accused side was wife of one of the accused Chandu. 389/1987 filed by three accused Chandu, Budh Singh Buddhu and Jodh Singh wherein they had challenged their companyviction and sentence by the companyrt of sessions. It was further found that the accused were number trying to take away the mustard crop of the companyplainant but companyplainant party was trying to take away that crop of accused which resulted in the altercation and the free for all shooting incident. The FIR was lodged by PW1 Ayub Khan stating therein that the accused had gone to his field chidiya peer kakhet for cutting mustard crop when he and others found that the accused were putting the crop into the tractor of one Amar Singh, they resented and asked them number to do so which resulted in altercation accused Chandu fired on deceased Dalmod, Amar Singh also fired a shot on Hakim, Jodh Singh fired at Sahid, Budh fired on Abdul and other accused persons inflicted injuries by pharsi and lathi on the members of the companyplainant party. The aforesaid three accused were companyvicted. 125/1987 which had been filed by the state to challenge the acquittal of 10 accused by the companyrt of sessions and allowing criminal appeal No. 125/1987 filed by the state. Six persons died from the companyplainant side and one from the accused side. In the sessions trial 13 accused were put on trial. It was found that the incident did number take place at the field of Ayub Khan but it took place in the field of accused party. Chandu and Budh Singh were directed to undergo life imprisonment besides fine of Rs. Even PW1 was number found reliable and trustworthy to large extent in so far as he implicated accused other than three who were companyvicted. In respect of three companyvicted accused also discrepancies were found in the testimony of PW1 but they were held as number material resulting in the order of their companyviction by the trial companyrt. The companyrt of sessions while acquitting the 10 accused, on appreciation of evidence, found various material discrepancies in the case of the prosecution and the testimony of the eye witnesses. 1,000/ , Jodh Singh was sentenced to 10 years rigorous imprisonment and fine of Rs. There were injuries on both sides. In these appeals neither serious challenge has been made number on facts it companyld be made to the acquittal of 10 accused by the companyrt of sessions as companyfirmed by the High Court by dismissing criminal appeal No. The incident in question took place on 20.1.1984 in the afternoon at about 2.30 p.m. The challan was submitted against 16 persons, 13 were companymitted to companyrt of sessions, the remaining three were tried in juvenile companyrt. 19 witnesses were examined by prosecution out of them 10 were said to be the injured eyewitnesses besides another 11 eye witnesses as well. Their acquittal was subject matter of criminal appeal No. She was pregnant at the time of her death as a result of injuries received during the companyrse of the incident in question. 500/ . Ten of them were acquitted. These appeals have been filed by the state challenging the impugned order of the High Court whereby the High Court dismissed criminal appeal No.

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2002_786.txt

r. krishna iyer j. shri pramod swarup advocate vainly though vehemently argued for the release of the detenu who was allegedly a government servant at the time of the detention order. the incidents to which the detenu was a party and which persuaded the detaining authority to make the order are stated to have taken place on january 22 1974 and march 1 1974. the order was passed on may 4 1974 and the grounds of detention in companypliance with the statutory requirement were companymunicated.

test

1975_109.txt

5877 of 2004 Baghel caste by the police. 5877 of 2004 Superintendent of Police, Gwalior, Inspector General of Police, Gwalior, Superintendent, Central Jail, Gwalior, Jailor, Central Jail, Gwalior, District Magistrate, Gwalior, Town Inspector, Gwalior and Sub Divisional Officer posted at Dabra. 104 OF 2012 arising out of S.L.P. Criminal No. 5877 of 2004 have been killed in police encounters and only Rambabu Gadaria is believed to be alive. 5877 of 2004 criminals from the police custody and submit the report regarding action taken against the officers responsible for the lapse. In that Writ Petition, it was alleged that after escape of four dacoits numbered above from police custody, the police has started torturing the persons from Baghel companymunity in the Gwalior district. Sharma the then Deputy Superintendent of Police Headquarters can number be held responsible for this incident of escape of Gadaria gang from police custody. Shri Anvesh Manglam, can number be held responsible for the incident of escape of dacoits from police custody. On March 23, 2001, a gang of four criminals companyprising of Rambabu Gadariya, Dayaram, Pratap and Gopal, while returning from Dabra to Gwalior after attending companyrt, escaped from the police custody. In the backdrop of companysistent inaction on the part of the State Government in the matter, on November 8, 2004, the High Court asked the Central Bureau of Investigation CBI to hold enquiry into the matter of escape of the above criminals from the police custody and the role of the officers posted at Gwalior, particularly the role of Criminal Appeal NO. 5877 of 2004 13. , I reach to the companyclusion that Shri Yogesh Choudhary and Shri K.P. After escaping from the police custody, these four criminals murdered 14 persons in village Bhanwarpura. In pursuance of the order dated November 28, 2007, an enquiry has been companyducted by Shri Rakesh Bansal, IAS, President Board of Revenue, Gwalior. of Police, Police Headquarters, Bhopal, Madhya Pradesh, dated April 01, 2007, it has been stated that 4 out of 5 dacoits of the gang Criminal Appeal NO. In his report, Shri Rakesh Bansal, IAS, President Board of Revenue, Gwalior has also made certain suggestions in order to prevent repetition of such incident. The suggestion of the same intent has also been mentioned by the then Commissioner of Gwalior Division in his enquiry report on the page 27. Criminal Appeal NO. Keeping in view the possibility of escape during transport of prisoners, it Criminal Appeal NO. The High Court asked the State Government to hold an enquiry into the escape of above Criminal Appeal NO. 747 of 2001 in the nature of Public Interest Litigation before the High Court of Madhya Pradesh, Bench at Gwalior. 5877 of 2004 appear to be prudent that one regular companyrt room be companystructed in proximity to the central Jails. As regards the arrest of the above criminals who escaped from police custody on March 23, 2001, in the additional affidavit filed by U.R. Allegedly, these four criminals escaped with the help and companynivance of the police officers and or negligence inaction of the guards escorting them. In his report dated May 29, 2008, the President Board of Revenue, Gwalior, recorded his companyclusions thus 10. , I reach to the companyclusion that the then S.P. It is this order which has been challenged by the State of Madhya Pradesh and Superintendent of Police in this Appeal, by special leave. It must be provided in the Jail Manual, that whenever any dangerous or sensitive prisoner is to be transferred from one jail to another jail, for companyrt appearance or on administrative grounds, the jail superintendent should inform the companycerned Superintendent of Police and District Magistrate vide a demi official letter and by meeting them personally. Accordingly, it was prayed that the State of Madhya Pradesh and its functionaries respondents therein be directed to refrain from causing torture to the people of Baghel Samaj in the district of Gwalior and directions be issued for protection of their life and liberty. This led to harassment and torture of persons from gadariya Criminal Appeal NO. On June 30, 2004, on behalf of the State Government, time was sought for submission of the enquiry report, but numberenquiry report was submitted. As the matter was in the nature of public interest litigation and the grievance was raised that the above criminals after their escape were causing havoc and they have number been taken into custody by the police which has caused huge fear in the minds of the people of the area, the High Court issued various directions from time to time. For the whole chain of events, most responsible person is Reserve Inspector Ajay Tripathi only. However, Ms. Vibha Datta Makhija, learned companynsel for the appellants, submited that the State Government did number have any reservation in accepting the suggestions made by the President, Board of Revenue, in his report as numbered above. Netam, I.G. On November 28, 2007, this Court directed the Chief Secretary, State of Madhya Pradesh, to appoint the Additional Chief Secretary to companyclude the enquiry into the matter as expeditiously as possible and in any event within three months from the date of the order and submit a report to this Court. These suggestions are 16 1 It should be provided in the Rules that dangerous prisoners must number be taken out of jail for journey by public transport vehicles or private vehicles, under any circumstances. No affidavit has been filed by the present appellants indicating whether the above suggestions of the President, Board of Revenue, have been accepted by the State Government or number. Despite numerous opportunities, the State Government failed to respond to the directions given by the High Court satisfactorily which companystrained the High Court to direct the Director General of Police, Madhya Pradesh, to remain present in the Court. It appears that the Advocate General of the State of Madhya Pradesh made a statement before the High Court that the enquiry into the episode shall be companyducted by a very senior office of the State and report submitted to the Court. The Principal Secretary Home appeared and made a statement that the enquiry into the matter shall be companyducted within a period of two months from March 9, 2004. It is worth to mention here that Government has already dismissed companypulsorily retired from service two Head Constables and four companystables deployed in the escort duty of dacoits for carrying them for appearance before companyrt at the time of their escape. On December 17, 2004, this Court issued numberice to the respondents and stayed operation of the order of the High Court impugned in the Appeal. It appears that the disciplinary proceedings initiated against the Reserve Inspector Ajay Tripathi have number been taken to logical companyclusion in view of the stay order obtained by him in a judicial proceeding. The High Court then called the Principal Secretary Home in the Court. M. Lodha, J. They initially filed companyplaint with the District Judge, but later on the first respondent Ram Prakash Singh filed a Writ Petition being Writ Petition No. The matter came up for companysideration before the High Court on various dates. Leave granted.

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2012_17.txt

A philanderer of 22, appellant Phul Singh, overpowered by sex stress in excess, hoisted himself into his companysins house next door, and in broad day light, overpowered the temptingly lonely prosecutrix of twenty four, Pushpa, raped her in hurried heat and made an urgent exist having fulfilled his erotic sortie. The broad facts bearing on the instant act of carnal assault look too probable for pettifogging legalistics about poor companyroboration, companysent and false implication to devalue their credibility. 166/76. Harbans Singh Marwah for the Appellant. 506 of 1979. The screaming victim companyplained to her mother working in the field thereafter a first information, prosecution and companyviction ensued, a sentence of 4 years R.I. was imposed by the Sessions Court, and the High Court affirmed it in appeal. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. The Judgment of the Court was delivered by KRISHNA IYER, J. N. Sachthey for the Respondent. Appeal by special leave from the Judgment and Order dated 3 5 79 of the Punjab Haryana High Court in Crl. A. No.

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1979_334.txt

50 or Rs. 30 Rs. 35 Rs. 35, Rs. 20 Rs. 50 from August 1, 1968 to July 30, 1970 and Rs. 50 for a particular period and by Rs. 15 and Rs. Regarding the hourly rated workmen at Delhi, the Tribunal has taken into account the practice obtaining, regarding such workmen, at Bombay office of the companypany, and applied the same to the hourly rated workmen at Delhi, on the ground that it is reasonable. III As the total increase in the pay packet that has been agreed to be given by the companypany to all the above workmen both daily and monthly rated and accepted on behalf of the union, is Rs. The demand of the union is for payment of an additional sum of Rs. 55 as the case may be, a sum of Rs. VI This Court, by its order dated July 30, 1970 had given a direction to the companypany to pay a sum of Rs. steno salesman, they will get an ad hoc increment respectively in their basic salaries of Rs. 720 already paid under the order of this Court dated July 30, 1970. These appeals have been filed by the union and the companypany, challenging the award of the Industrial Tribunal, Delhi, dated March 10, 1969, in I.D. VII The wages and dearness allowance fixed by this judgment as above, and agreed to by both the companynsel, will be substituted for that awarded by the Tribunal. 55 thereafter, as will be indicated later. 129 of 1966, in so far as they are against them. Even in respect of these categories the wage scale is number to be disturbed. A. Vaidialingam, J. 10 in the order enumerated above. 60 per month. No.

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1971_455.txt

It was on the companytrary keen to have US made hydrophones fitted on the vessel. The respondent informed the appellant Corporation that if the Corporation accepted the replacement, those hydrophones companyld be substituted for the US hydrophones within a short time. Further information and details in respect of the proposed Canadian hydrophones was all the same called for by the Corporation from the respondent. The appellant Corporation was, however, in numbermood to accept a substitute for the companytracted hydrophones. The replacement accordingly took place and the Vessel eventually delivered back to the Corporation with Canadian hydrophones on 6th May, 2002. Since, however, the efforts to secure a licence from US Government were making numberprogress, the respondent sought approval of the appellant Corporation to remove the US hydrophones from the vessel and transfer them to their repair facility in Singapore to facilitate replacement by the Canadian made hydrophones. It was asserted that once the respondent informed the appellant Corporation that the US department of Commerce had finally rejected the licence, the appellant Corporation was left with numberalternative except to agree to the replacement of the US made hydrophones by Canadian M 2 hydrophones resulting in the delivery of the vessel back to the Corporation on 6th May, 2002 after companysiderable delay. The respondents hope of getting a licence for sale of US made hydrophones receded further with this unexpected development. The appellants case was that the claimant having companytracted to supply US made hydrophones was legally obliged to handover the Vessel duly filled with such hydrophones within the stipulated period of 90 days which expired on 9th July, 2001. This letter was followed by letter dated 21st October, 2001 addressed to the appellant Corporation with a request to permit removal of US hydrophones and replacement of Canadian hydrophones which had been extensively tested 1999 in companynection with supply of Seismic Survey Vessel delivered to NOIC for the Iran project. The respondent accordingly informed the appellant Corporation about the new development and pleading force majeure the respondent informed the appellant Corporation of the formers inability to equip the vessel with U.S. made hydrophones. It was only on 23rd March, 2002 that the respondent companyditionally agreed to the proposed replacement of the US made hydrophones by those made in Canada. The respondent on its part started looking for and offering alternatives to the U.S. made hydrophones and argued with the appellant Corporation that since origin of the hydrophones was number indicated in the bid documents it was testing replacement by M 2 US Geo Spectrum Hydrophones made in Canada at its Norway facilities to check their suitability which exercise the respondent hoped to companyplete by 27th September, 2001. 1 was answered in the negative holding that since the choice of the hydrophones was left to the bidders subject to the equipment meeting the specifications prescribed for the purpose and since the stipulations did number indicate the make or the companyntry of origin of the hydrophones, the national origin of such hydrophones was number a material term of the companytract between the parties. The respondent also agreed to give additional warranty of one year for the replaced hydrophones. It was also companytended that the delay in the companypletion of the companytract was entirely attributable to the respondent who when called upon by the appellant Corporation to submit the performance report of the M 2 hydrophones used in Seismic Survey Vessel PEJWAK suggested that the appellant Corporation should obtain the same directly from NIOC forcing the appellant Corporation to send a representative to Oslo to verify the parameters of the M 2 hydrophones at their own expense. On 24th May, 2002, a formal amendment to the companytract was also effected to record the substitution of the US hydrophones by those made in Canada. 2 was, however, answered by the Tribunal in the affirmative, who took the view that once the respondent had made the choice and companytracted to supply hydrophones made in the U.S. the appellant Corporation was entitled to insist on the supply of the companytracted equipment. The arbitrators further held that once the respondent had informed the appellant that the option of U.S. made hydrophones was closed, the later was number justified in insisting that the request for a license with the U.S. authorities should be pursued further. The Corporation also disputed the invocation of force majeure clause in the fact situation of the case especially when securing of a licence for the equipment was number a part of the companytract between the parties, it being the sole responsibility of the respondent to determine the type and make of hydrophones. By another letter dated 13th November, 2001 the respondent assured the appellant Corporation that if the latter agreed to the replacement proposal there would be numberfinancial implications and the additional companyt involved in fixing the Canadian hydrophones would also be borne by the respondent. On the pleadings of the parties the Arbitral Tribunal framed the following issues for determination Was the national origin of hydrophones used in the Nessie 4 streamers, a material term of the companytact between the parties? 4 to 8, the Arbitrators held that the respondent claimant had companypleted the performance of the companytractual obligations within the stipulated time frame and would have but for the U.S. licence requirement delivered the vessel to the appellant on July 9, 2001 in which event there would have been numbernecessity to invoke the force majeure clause or to seek extension of time or to offer the Canadian hydrophones. Further information required by the appellant Corporation was also supplied by the respondent by its letter dated 24th October, 2001 with a request to the Corporation to approve the proposed replacement. Having said so the Tribunal held that since the respondent had informally intimated to the appellant Corporation as early as on October 24, 2001 that it did number desire to pursue the request for a licence with the U.S. authorities any further and since by a letter dated 25th October 2001 the final particulars in regard to the Canadian hydrophones were duly supplied, allowing some time to the respondent to take a decision, the delay post October 21, 2001 companyld number be attributed to the respondent. Even so the fact remained that the respondent had number delivered the vessel back to the appellant Corporation on time. One of the companyditions imposed for the replacement by the appellant Corporation was the right to recover liquidated damages as per Clause 16 and for excess engagement of vessel as per Clause 14 of the subject companytract. on or before 9th July, 2001 was a clear breach of its companytractual obligation rendering the respondent liable to payment of liquidated damages and for excess engagement of the vessel, argued the appellant Corporation. The Corporation, therefore, required the respondent to companytinue its efforts to secure a licence from the US Government in which direction the appellant Corporation on its own moved the companycerned Ministry in Government of India to secure a licence. Was the claimants declaration of force majeure justified under the terms of the companytract? The appellant Corporation refuted the invocation of force Majeure by its letter dated 20th September, 2001 and informed the respondent that since the field season was starting shortly any further delay in the delivery of the vessel would adversely affect its operation. The Tribunal then examined whether the respondent was responsible for the entire delay between July 9, 2001 and 6th May 2002 when the vessel was actually returned. The appellants further case was that the requirement of a licence was first mentioned by the respondent when letter dated July 9, 2001 was delivered to the appellants representative on board the vessel at Singapore in an attempt to explain the respondents failure to hand over the vessel on the due date. The appellant Corporation asserted that the respondent had number even applied for a licence till then and had simply asked for an extension of time. Since time was the essence of the companytract between the parties, the respondents failure to return the vessel duly upgraded within 9 months from the date of Letter of Acceptance or 90 days from the delivery of the vessel i.e. The terrorist attack on the twin towers was, according to the appellant Corporation a post contractual period issue as the date of the delivery of the vessel under the companytract had since long expired by the time the attack took place. The Arbitrators accordingly held that deductions made on two companynts, being of US 410,641.20 and US 80,530.10 were also unjustified and unwarranted by law or companytract. With the upgradation and modernisation work companypleted as per the amended companytract, the respondent raised invoices for payment due to it but realised that the appellant Corporation had deducted from its dues a sum of US 5,114,300.98 towards excess engagement charges in terms of Clause 14 of the companytract. As regards excess engagement charges the Arbitrators held that except for the period companymencing November 1, 2001 to March 22, 2002 the appellant Corporation was justified in making deductions for the rest of the period from the claim of the respondent. As regards deductions based on change of tax law or number payment of taxes under the Indian Law, the Tribunal held that the same were number permissible in the facts and circumstances of the case especially when the companytracted work was to be executed and companypleted at the ship repair unit of the respondent claimant in Singapore and so was the handing over of the companypleted vessel to the appellant Corporation. The Arbitrators held that the deductions in relation to the period from November 1, 2001 to March 22, 2002 amounting to US 2,445,246.54 were wrongly made by the appellant Corporation which amount the respondent was entitled to get from the appellant together with interest at the rate indicated in the award. Thirdly it was companytended that the award by the Arbitral Tribunal for the pendente lite and future interest was number justified. By another letter dated 20th August, 2002, the appellant Corporation further deducted a sum of US 410,641.20 based on a change in tax law applicable at 4.8 followed by a deduction of a sum of US 80,530.10 based on companyrection for price charges inclusive of income tax at 4.8. The arbitral tribunal decided Issue No.3 against the respondent holding that numbere of the events mentioned in the companytract had taken place and since the parties to the companytract did number belong to U.S., the force majeure clause companyld number have been validly invoked by the respondent. It was only when the appellant Corporation asked the respondent to specify on a realistic basis, the period for which extension was being demanded that the respondent had by letter dated 26th July, 2001 stated that according to their understanding the licence will be issued towards the first week of September, 2001. The respondent also wrote a detailed letter dated 10th October, 2001 to the appellant Corporation informing the latter that the US government was number likely to grant a licence and that it had withdrawn the application made for that purpose to prevent a denial. In the award which the Tribunal made and published Issue No. Whether there was any delay in the performance of the companytact? Mere extension of time did number signify waiver of the rights flowing from clause 15 and 16 of the companytract, observed the Arbitral Tribunal. Is respondent entitled to both Liquidated Damages and Excess Engagement charges for the same periods of time under the provisions of the Contract? The High Court held that the Arbitral Tribunals findings to the effect that the delay between 16th October and 21st March 2002 is number attributable to the respondent, was based on the companysideration of the material placed before the Arbitral Tribunal which called for numberinterference. The Tribunal rejected the companytention on behalf of the respondent that extension of time for companypleting the companytracted works had the effect of waiving the rights vested in the appellant under clause 14 and 16 of the companytract. Aggrieved by the award made by the Arbitral Tribunal, the appellant Corporation preferred a petition under Section 34 of the Arbitration and Conciliation Act, 1996 which failed and was dismissed by a Single Judge of the High Court but was allowed in part in O.S.A No. That finding, observed the Tribunal, did number impact the amount deducted by the respondent towards liquidated damages as the capping provision limited to 10 was less than the sum payable for the delay upto October 31, 2001. Dealing with the question of delay in the performance of the companytract and its companysequences companyered by Issue Nos. These deductions gave rise to disputes which were referred for adjudication to an arbitral tribunal companyprising three former Chief Justices of India before whom the respondent claimed a sum of US 7,327,610.68 towards principal dues plus US 1,205,564.13 by way of interest for the period from 20th August, 2003 to 15th November, 2003 totalling US 8,533,174,81 with interest pendent lite at 12 p.a. 241 of 2006 by the Division Bench of the High Court to the extent of deleting pendente lite in future interest from the award made by the Tribunal. Whether the respondent was entitled to adjust the sum of US 491,000 out of the sum payable, in whole or in part, as alleged in para 30 of the statement? So also deductions towards payment of taxes were, according to the High Court, rightly disallowed by the Arbitrators. No part of the work having been undertaken outside Singapore numberdeduction companyld be made on account of number payment of any tax. The present appeal assails the companyrectness of the Award of the Arbitral Tribunal and the orders passed by the High Court as numbericed in the beginning of this order. The Arbitrators held that since numbertaxes were attracted under the Indian Income Tax Act the price companyld number include the said tax companyponent. While the Division Bench rejected the first two companytentions the respondent appears to have made a statement before the High Court waiving pendente lite interest and agreeing to the modification of the award to that extent. from the date of the filing of the claim till the award at the same rate.

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2014_679.txt

The matter was taken in revision to the Deputy Custodian General of Evacuee Property. On the partition of the companyntry the judgment debtor who was a Muslim, became an evacuee and his land vested in the Custodian of Evacuee Property under the Evacuee Laws then in force. Finally the Deputy Custodian General dismissed the revision application. On October 2, 1949 the Additional Custodian, companyfirmed that order saying that possession might be delivered to the decree holder. The decree holder was also dispossessed from certain land as the same had been allotted to displaced persons. On June 8, 1949 the Assistant Custodian made an order that possession of the property which had been leased out should be given to the decree holder in satisfaction of the decree on the companydition that on the expiry of the term of the lease his claim would be deemed to have been satisfied. On December 29, 1960 the decree holder moved the Additional Custodian, Jullundur, companyplaining that possession of the remaining area had number been given. The Judgment debtor had lands in other villages also but the entire land in these two villages was leased out to the decree bolder. He held inter alls that the execution application of the decree holder was barred under the provisions of Article 182 of the Indian Limitation Act and the decree had become inexecutable. The High Court expressed the view that the decision of the Deputy Custodian. The Collector made an order on September 30/1940 directing that land in two villages belonging to the judgment debtor be leased out to the decree holder for 20 years with effect from Kharif 1941. During the companyrse of execution proceedings the decree was forwarded to the Collector for execution under Section 88 of the CPC. This application was rejected by the Additional Custodian on February 7, 1961. It appears that the decree holder took execution proceedings in 1941, 1943 and 1948 but on each occasion the proceedings were companysigned to the record room. Late Nadar Chanel the father of respondents obtained a money decree for Rs. 16,771/ against one Mokham Din in the year 1935. The possession which was given was of much less area than the area companyered by the lease. As mentioned in the judgment of the High Court the possession was number delivered till March 1951. Certain orders including one of remand were made which need number be mentioned. N. Grover, J. His order was challenged under Article 226 of the Constitution before the High Court. The appeal under Clause 10 of the Letters Patent filed by the present appellants, however, succeeded. This is an appeal by certificate from a judgment of the Punjab Haryana High Court. The facts may be briefly stated. A learned single Judge dismissed the petition.

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1972_589.txt

This draft order was then sent to Respondent No.1 Society and the Federal Society. Housing Society Limited. Respondent No.1 Society was passed. This led to companymunication dated 19.07.2008 addressed by the Federal Society to the Deputy Registrar acknowledging the receipt of material stating that A, B, C Wings of the Society were number in a single building and that A Wing of the Society was in an independent building. This draft order was again marked to Respondent No.1 Society. Around this time the Federal Society wrote to the proposed Society of A Wing that it had by letter dated 19.07.2002 written to the Deputy Registrar recommending proposal of division. This was followed by second draft order dated 18.03.2008 to similar effect which was marked to Respondent No.1 Society and the Federal Society. Societies Act, 1960 and the Rules thereunder for the purpose of the flats in the said Wings for the purpose I register the below mentioned new societies under the Registration Numbers mentioned against them. the Anand Darshan Co operative Housing Society Limited., C.S.No.744, 13 Dr. G.D. Deshmukh Marg, Mumbai 400 026 into two independent Societies and cancel revoke the registration of the Anand Darshan Co op. According to the draft order, Respondent No.1 Society would be divided in two societies The Respondent No.1 Society would, upon bifurcation, companytinue with only two existing Wings namely, B and C Wings with 41 apartments, nine garages, one Office Meeting Room and one Pump House while New Society namely New Anand Darshan Cooperative Housing Society Limited would companyprise of 16 apartments from the existing A Wing with a Bank, two Garages, Security Office and a Meter Room. In response to the aforesaid resolution, a detailed representation was made on 02.06.2008 stating inter alia that as a matter of fact three Wings of Respondent No.1 Society were number located in one single building but were in two different buildings, A Wing of the Society being in one separate building while the other two Wings B and C in another building. Society 2008 09 dated 3.11.2008 Ltd.C.S.No.744, 13 Dr.G.D. After the division the building having A Wing and B and C Wings have to be given two separate registrations under Section 9 1 of the Maharashtra Co op. On 09.05.2008 following resolution was passed by the Federal Society Under the said proposal of Division, there are 3 Wings of a single building and the division is to be made wing wise But if wing wise division is made in one building then it is possible that a dispute may again arise among the Members regarding the use of the buildings open space. And certain facilities would companytinue to be enjoyed in companymon by both these Societies. Deshmukh Marg, Mumbai 400 026 Members in the building having B and C Wings are hereby ordered to submit to this office, the Registration Case Papers in the relevant prescribed Form to register the new Society of their Building. Thereafter on 03.11.2008 final order directing division of the existing Society i.e. The relevant portion of the Order reads as under In exercise of the powers companyferred on me under Section 18 1 of the Maharashtra Co operative Societies Act, 1960 and Rule 17 2 thereunder I, Rajkumar Patil, Deputy Registrar, Co operative Societies D Ward, Mumbai, divided the Society viz. Further, as mentioned in the attached Proforma A Two Independent Managing Committees are created in respect of the Two Independent Societies This order of the Deputy Registrar regarding division was challenged by way of Appeal No.250 of 2008 by Respondent No.1 Society before Divisional Joint Registrar, Cooperative Societies, Mumbai Division, Mumbai, who dismissed this appeal by his order dated 16.04.2009. T.C./8874/ Housing Society Ltd., 2008 09 dated 3.11.2008 S.No.744, 13 Dr. G.D. Deshmukh Marg, Mumbai 400 026 Pedder Road Anand Darshan BOM W.D. Since the final draft order was never sent to the Federal Society for obtaining its recommendations, according to the High Court, there was infraction on the part of the Deputy Registrar. 1 New Anand Darshan Co operativeBOM W.D. T.C./8873/ Co op. Respondent No.1 Society challenged these orders by filing Writ Petition No.8194 of 2009 in the High Court of Judicature at Bombay. Hsg. A draft order was prepared on 05.09.2007 by the office of the Deputy Registrar detailing out the scheme for division and other companysequential matters. Draft building plans, photographs and other materials were also annexed. Further, the letter requested the Deputy Registrar to take a decision about the division accordingly. Thereafter the draft order was circulated by the Deputy Registrar on 22.08.2008 seeking companyments regarding proposed division and he fixed 15.09.2008 as the date for hearing objections, etc. B 3126/1961 dated 28.4.1961 which has been divided under Section 21 and Rule 16 7 thereunder. In view thereof, it is resolved that the said division cannot be recommended by the Federation. This led to the filing of Revision Application No.231 of 2009 which also came to be dismissed by the Revisional Authority vide order dated 26.08.2009.

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2016_660.txt

In these returns, the respondent disclosed certain turnover, but claimed that the entire turnover was exempt from tax on the ground that the products were of an industry which were exempted from sales tax by a government order. In the returns filed by the respondent, it claimed a total exemption of its turnover from the levy of sales tax on the ground that the same is exempted by virtue of a government order. On the basis of the said certificate, the sales tax officer granted exemption to the extent of ninety per cent of the turnover. In support of the said returns, the respondent produced a certificate issued by the District Industries center, Kottayam, dated 27 10 1986 granting sales tax exemption for the said three years. It is only in support of the said plea that it purported to obtain and file a certificate which was found to be forged. When the matter came to the High Court, the High Court allowed the appeals on the following ground the charge against the assessee was one of filing untrue or incorrect return within the meaning of Section 45 A 1 d of the Act and number that he tried to substantiate his returns by producing a false certificate the said false certificate was number filed along with the return but much later, i.e., about a year later, and that, therefore, the levy of penalty under Section 45 A 1 d is unsustainable in law. After hearing the respondent, penalties were levied. The respondent filed returns for three assessment years, namely 1983 84, 1984 85 and 1985 86. Subsequently, however, it appeals to have companye to the knowledge of the authorities that the said certificate dated 27 10 1986 was a false and forged one. Accordingly, proceedings were taken under Section 45 A 1 d against the respondent. These appeals are preferred against the judgment of a Division Bench of the Kerala High Court allowing the appeals preferred by the respondent and deleting the penalty levied upon it. So far as the reasoning of the High Court, as companytained in the order under appeal is companycerned, we find it difficult to agree with it. Heard the companynsel for both the parties. Leave granted.

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1995_972.txt

Savitha on the ground that he Digitally signed by MADHU BALA Date 2018.08.24 172513 IST Reason used to harass her on the illicit relationship of A 1 and A 3. 2 3 are alleged to have hatched a companyspiracy in companymitting the murder of deceased Mohan Kumar Signature Not Verified husband of A 3 D.B. At about 9.30 p.m., the mother of the deceased came to know through PW 6 Basavaraju that the body of her son is lying on the side of the road and that he had allegedly fallen from the bike. BANUMATHI,J. 1 and 2 herein Accused Nos. Challenging the acquittal of respondent number.

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2018_400.txt

These appeals by special leave, raise the question whether the Commissioner of Sales Tax, suo motu can revise under Clause a of Subsection 4 of Section 23 of the Orissa Sales Tax Act in short the Act read with Rule 80 of the Orissa Sales Tax Rules in short the Rules , an appellate order passed by the Assistant Commissioner of Sales Tax. The companytention of the respondent dealer before the High Court was that the Commissioner of Sales Tax has numberjurisdiction to issue the impugned numberices. The Sales Tax Officer rejected the books of accounts produced by the respondent dealer and companypleted the assessments to the best of his judgment. The respondent herein is a registered dealer under the Act and running a wholesale business in purchase and sale of beetle nuts at Malgodown, Cuttack. Feeling aggrieved by the same, the respondent dealer preferred appeals before the first appellate authority, namely, the Assistant Commissioner of Sales Tax, Cuttack, under Section 23 1 of the Act. The appellate authority by its orders allowed the appeals in part for the assessment year 1992 93 and in full for the assessment year 1993 94, Thereafter, the Additional Commissioner of Sales Tax, exercising his suo motu revisional power companyferred under Section 23 4 a of the Act read with Rule 80 of the Rules, issued numberices dated 9.6.1995 to the respondent dealer to show cause as to why should the appellate orders passed by the Assistant Commissioner of Sales Tax be number revised, the same being erroneous and prejudicial to the interest of the Revenue. In pursuance to the numberices issued under Section 12 4 of the Act, the respondent appeared before the companycerned Sales Tax Officer and produced the books of accounts for the relevant assessment years for verification. It is at this stage, the respondent dealer challenged the said numberices by means of writ petitions under Article 226 and 227 of the Constitution of India before the High Court of Orissa. N. Khare, J. Leave granted in all the matters.

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1996_1204.txt

On further examination patchy ante mortem reddish dark companyoured haematoma present below epiglottis on both sides and also in soft tissues at upper part of trachea. The further report of the doctor was that there was pressure above the Larynx Trachea of the deceased. On further examination, patchy antemortem reddish dark haematoma present below epiglottis on both sides also in soft tissues at upper part of trachea. PW 9 further numbered that there was pressure on the layering trachea of the deceased and the injuries were inflicted. Mucosa of trachea also companygested in upper half. PW 9 in his evidence stated as under Ante mortem reddish companyoured haematoma present on left side of neck underneath the skin and in underling soft tissues. On such information, when the father of the deceased reached Jodhpur, the appellant informed him through Sudip De that his daughter was dead and that he companyld only see the body of his daughter in the Mortuary of the G.Hospital on 18.01.2006 where he numbered the injuries all over the body of his daughter. Hyoid bone, thyroid companyticord cartilages found intact, mucosa of trachea also companygested in upper half. In the internal Larynx and in the Trachea protion abraided wounds have been found. The doctor who companyducted the post mortem, namely, PW 9, in the post mortem report specifically mentioned to the effect on dissection of neck ante mortem reddish companyoured haematoma present on Lt. side neck underneath the skin in underlying soft tissues. on both of breast, inflicted injuries, along with that close to the breast also of the deceased, inflicted many physical injuries. No possibilities have appeared about sustaining above said 27 injuries during the companyrse of attack of Epilepsy of the deceased. After internal examination of the dead body it was found that there was sub sculp haematoma in area of 2 x 2 centimetres dark reddish in companyour on left frontal region and 3 x 2 centimetres dark reddish on left occipital region near underline. Opinion Cause of death is ante mortem injuries to neck, which are sufficient to cause death. One factor which is relevant to be numbered at the very outset is that as per the post mortem report, there were as many as 27 injuries almost on all parts of the body of the deceased and, in particular, injury Nos.19, 20 and 21 which were in the private parts of the deceased. PW 9 was the doctor who was a member of the medical board companystituted by the Superintendent of Gandhi Hospital Jodhpur who companyducted the post mortem on the body of the deceased. Hyoid bone, Thyroid and Cricoid cartilages found intact. The accused on the private physical parts of the deceased i.e. According to the prosecution, on 18.1.2006, a companyplaint Exhibit P 6 was preferred by one Laltu Manjhi before the SHO, police station Shastri Nagar, Jodhpur wherein it was alleged that his daughter Bharti the deceased was employed as a housemaid in the residence of the appellant and that 25 days prior to the date of companyplaint, one Sudip De, through whom his daughter came to be employed with the appellant, informed him over phone that his daughter wanted to speak to him, that when he talked to his daughter, he companyld sense the plight of his daughter in the residence of the appellant, that though his daughter wanted to explain her ordeal at the instance of the appellant, she was prevented from talking to him in detail and that on the morning of 16.1.2006 at about 5 O clock, he received an information through Sudip De that the appellant informed him over phone that his daughter fell unconscious due to Vertigo and was admitted to hospital. In the further report under Exhibits P 14 and P 15, it was numbered that many sections in trachea cut and companygestion of vessels were found apart from haemorrhage at many places and acute inflammatory infiltrate was present. Vyas this fact is proved beyond doubt that the death of deceased Kumari Bharti was number due to suffocation of breath as result of fit of epilepsy. The accused being the guardian, had done extremely inhuman act with her and during the companyrse of companymitting the rape with deceased Bharti, inflicted total 27 injuries on different parts of her body and thereafter by strangulating her throat, companymitted her murder. It was his further allegation that his daughter was killed by the appellant by strangulation. According to him, he did number companymit rape on the deceased, that the deceased was a patient of Epilepsy and on the date of incident, she developed the fit of Epilepsy due to which she developed breathlessness, became restless and, thereafter, fell down due to which she sustained injuries, that in order to give artificial respiration, the appellant and his wife took efforts to open her teeth to pour water and subsequently took her to the hospital in a three wheeler taxi where she was declared dead. Brain, both lungs, lever, spleen and kidney were found companygested. According to him, he received information through the neighbours of the appellant that the appellant was companystantly torturing the deceased during the preceding two months during which period she was employed at the house of the appellant apart from his immoral behaviour towards his daughter. yellowish fluid. It was further stated by the appellant that he intimated the parents of the deceased, that the companyplaint was false and he was innocent. The appellant was proceeded against for charges under Sections 376 and 302, IPC. Hence from the singular evidence of PW 9, Dr.P.C. Membrane of abdomen was yellowish and abdomen companytained about 100 m.l. Accused Kunal Majumdar at the time of the incident was working in Air Force Station Jodhpur. emphasis added The trial Court, therefore, imposed the punishment of death sentence apart from a fine of Rs.5,000/ for the offence found proved under Section 302, IPC and sentence of seven years RI and Rs.25,000/ fine for the offence under Sections 376/511 IPC and in default of payment of fine, to undergo two more years of imprisonment. emphasis added After detailed analysis of the evidence, the trial Court companycluded that the appellant was guilty of the charges falling under Sections 302, 376/511 IPC. Based on the above report, the case was registered as Crime No.31 of 2006 and after investigation, the final report came to be filed pursuant to which charges were leveled against the appellant for offences under Sections 302 and 376, IPC. Before the trial Court, PWs 1 to 17 were examined in support of the prosecution apart from Exhibits P 1 to P 20. Since death sentence was imposed, the case was referred for companyfirmation under Section 366 1 Cr. This appeal at the instance of the sole accused is directed against the judgment of the Division Bench of the High Court of Rajasthan at Jodhpur dated 11.7.2007 in Criminal Murder Reference under Section 366 1 , Cr. On examination of sexual organ the hymen showed old healed tears and the vaginal orifice admitted two fingers easily. Fakkir Mohamed Ibrahim Kalifulla, J. against the judgment and companyviction dated 09.3.2007 passed by learned Additional Sessions Judge Fast Track No.1, Jodhpur in Sessions Case No.2 of 2006. along with Criminal Appeal No.1/2007 as well as Criminal Appeal No.243 of 2007 and Jail Appeal No.313 of 2007 under Section 374 2 Cr. P.C. In this way the accused, with the minor girl who was unable to object herself, companymitted this type of ill act with her. On the 313 questioning, the appellant denied the offences alleged against him. We heard Mr. R.K. Das, learned senior companynsel for the appellant and learned companynsel for the State. to the High Court and ordered to await for the companyfirmation of the High Court before its execution.

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2012_376.txt

Sukhdev Yadav Pehalwan who was tried separately because of his abscondence in SC No. All sentences were directed to run companycurrently. On that day, an unexecuted warrant was placed before the companycerned Bench which directed that the matter is to be heard by a larger Bench in view of the unusual and unprecedented situation. However, it companycurred with the view expressed as regards companyrupt practice by the tribunal. The Court, taking into companysideration the materials brought on record in entirety, imposed the sentence of fixed term imprisonment instead of sentence of death. The successful candidate preferred an appeal before the High Court which came to hold that the numberination paper of the respondent before it was properly rejected.

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2016_373.txt

MAIN ISKI EENT SE EENT BAJA DUNGI Whereupon Multana and Ranjeet caught hold of the deceased. 5 to Multana by way of loan. Multana, however, started hurling abuses on him. Bachni, the mother of appellant came there and said UMRA DO KAUDI KA LADKA HAI, ISKO MITTI MAIN MILA DO. P.W. It was also witnessed by P.W. 1, Amar Singh, father of the deceased who had been companying back to his house alongwith P.W. He inflicted three blows on the deceased with the said knife. The deceased ran towards his house pressing his abdomen by his hands. 7, Birsa Singh. 4, Jeet Singh from the market witnessed the entire incident. Appellant was charged for companymission of murder of the deceased. The deceased was taken to the hospital immediately. A First Information Report was lodged in regard to the said incident by Amar Singh at 10.40 p.m. in the Dehradun Police Station. Appellant was carrying a big knife with him. 638 2007 Arising out of S.L.P. 5962 of 2006 B. SINHA, J. On 31.10.1985 at about 9 p.m, he asked him to pay the said amount back to him. On companypletion of the Investigation, all the four accused were chargesheeted. He, however, was declared dead. What was his response thereto is number known. Crl. He companyld number run for a long distance. Appellant is, thus, before us. He fell down. Leave granted. CRIMINAL APPEAL NO.

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2007_385.txt

The Centre preferred an appeal against the order passed by the Commissioner of Customs Import . It was also found that the Centre did number have inpatient facility at all . The Assistant Commissioner of Customs issued a numberice to the Centre to show cause to the Adjudicating Authority, as to why customs duty amounting to Rs.64,93,598/ be number demanded and the Teletherapy Unit be companyfiscated under Section 111 o and for imposition of penalty under Section 112 of the Customs Act. Insofar it relates to free treatment to all patients whose income was below Rs.500 per month and reservation of 10 beds in the hospital for them as indoor patients, and for providing free treatment to 40 of outdoor patients, their case is that the Centre had been providing free treatment accordingly and the shortfall was only marginal over the years. M s Jagdish Cancer and Research Centre, Hyderabad to be referred as Centre applied for duty free clearance of a companysignment importing Teletherapy Unit Theratron780 C for its use under Notification No.64/88 Cus Dated 1.3.1988, issued under Section 25 1 of the Customs Act, 1962. The Department found that the Centre had failed to produce the installation certificate in terms of Condition No. Regarding Condition No.4 iii , it has been found that its companypliance by Centre was number required. It was also pleaded that the Centre was number required to furnish any certificate in terms of companydition No.4 iii of the Notification since it was a running hospital. The CEGAT in appeal, also held that companyditions of the Notification relating to providing free treatment were violated. The Centre showed cause raising an objection that numberice was number issued by the companypetent officer and was also beyond time in terms of Section 28 1 of the Customs Act. Therefore, numbercondition of the Notification was violated. 4 iii of the Notification and had also failed to observe other companyditions, so the imported goods were liable to companyfiscation. Consequently the imported equipment was seized by the Department on 22.1.1998. The liability of customs duty was however upheld, though found to be unforceable, as the show cause numberice issued was number a valid numberice. 4 iii reads as under Any such hospital which is in the process of being established and in respect of which the said Ministry of Health and Family Welfare is of opinion i ii that such hospital would be in a position to start functioning within a period of two years, and iv The request of the Centre was accepted and the companysignment was cleared on 23.8.1989 free of duty. This appeal has been preferred by the Commissioner of Customs Import , Mumbai, against the order dated 14.12.1999 passed by the Customs, Excise and Gold Control Appellate Tribunal, West Regional Bench, Mumbai, in appeal, setting aside the order of companyfiscation of the imported equipment as well as the penalty imposed. The Central Government under the aforesaid numberification exempted all apparatus and appliances etc. BRIJESH KUMAR, J.

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2001_460.txt

7,000/ and Rs. 7,000/ received from his father and Rs. 5,300/ from his father for the purchase of the Austin car and when the Austin car was sold for Rs. 7,000/ plus Rs. 5,300/ , Rs. 5,300/ plus Rs. 7,000/ received by him from his father in the purchase of the Fiat can and the sum of Rs. Maintenance of car Rs. 3,200/ and Rs. 2,000/ out of Rs. 2,500/ and a further sum of Rs. 7,000/ was given to the appellant by his father. 2,800/ in the sale of the Austin car and a loss of Rs. 2,000/ plus Rs. from father Rs.2,000.00 TOTAL Rs. 7,000/ said to have been received by the appellant from his father in 1956 for purchase of a car. The balance of Rs. 2,500/ he invested the sum of Rs. 1,12,515.43 plus Rs. 5,300/ to the appellant. 7,000/ was number received by the appellant from his father. The appellant got a sum of Rs. The case of the appellant was that in 1954 he sold his Austin car for Rs. 5,300/ from his father for purchase of an Austin car but this statement was supported by the evidence given by the father in the departmental enquiry held against the appellant where the father clearly stated that a sum of Rs. 7,000/ from his father was indeed overwhelming. 2,500/ along with a further sum of Rs. Interest from Banks Rs. 7,000/ was received by the appellant from his father for purchase of car and that must be added to his total income. 5300/ was given to him by his father in 1948 for purchase of an Austin Car. 300/ plus Rs. 14,000/ with M s. Shridhar Gopal Co., the appellant rightly gave up this companytention and agreed that the sum of Rs. Now, so far as the sum of Rs. Insurance claim Rs. 3,980/ remained unpaid by M s. Shridhar Gopal Co. to the appellant. 229.35 Total Rs. DBL 1004 49 for Rs. P 730 that he had purchased the car for a sum of Rupee 9,200/ which was made up of Rs. P. 1120 was invested by him in the purchase of an Ambassador car in August 1960 and this Ambassador car purchased for the sum of Rs. 14,000/ lying deposited with M s. Shridhar Gopal Co. may be treated as his asset. Club Expenses Rs. Income tax deductions Rs. Income tax Refund Rs. 7,000/ to the appellant for the purchase of a new car after withdrawing the amount from the bank, but his brother Sachhidanand D. W. 31 also stated in his evidence When he purchased a car in 56 Rupees 7,000/ were paid I had gone to withdraw Rs. Childrens Education Rs. Not only did the appellant state on oath that he received the sum of Rs. 8,650/ representing the sale proceeds of the Fiat car together with a further sum of Rs. Not only did the father of the appellant affirm in his statement Ex D 104 that he had given a sum of Rs. Interest and Bank charge Rs. Smoking and drinking Rs. The appellant explained that he had paid Rs. Investment in Shri Rs. 600/ totalling in the aggregate Rs. This claim of the appellant was number only supported by his own evidence but Shridhar Gopal P.W. 5.700/ from his banking account and out of that, he had given a sum of Rs. The entire evidence in regard to payment of the sum of Rs. 7,000/ received from his father in the end of June 1956, he purchased a new car in August 1956 from M s. Premier Automobiles, Lucknow for Rs. P. 976 and this amount was also returned to him by M s. Shridhar Gopal Co. after a few days. 900/ and that resulted in a profit of Rs. Sale of Zamindari Bond Rs. But it is number possible to believe that the entire sum of Rs. 14,000/ lying deposited with M s. Shridhar Gopal 6c Co. is companycerned, it was at one time seriously companytended on behalf of the appellant that this amount was deposited by Sheela Devi with M s. Shridhar Gopal Co. by taking a loan from the appellant and the appellant in his turn had borrowed an identical amount by taking an overdraft from the Allahabad Bank, Akola and, therefore, if the sum of Rupees 14,000/ with M s. Shridhar Gopal Co. was companysidered as his asset, the liability of Rupees 14,000/ in the overdraft account with the Allahabad Bank. On 26 6 1956 Rs. Sachidanand, brother of the appellant, also stated in his evidence at D. W. 31 that in 1948 the appellant had purchased a car and at that time his father had withdrawn a sum of Rs. 550/ in the sale of the Fiat car. Provident Fund deductions Rs. But so far as the sum of Rupees 3,980/ is companycerned, which, according to the prosecution, was lying deposited with M s. Shridhar Gopal Co., the appellant pointed out that numbersuch amount remained in deposit with M s. Shridhar Gopal Co. on 1st January, 1962. 2,000/ to M s. Shridhar Gopal Co. by means of a cheque dated 12th October, 1958 Ex. 5,300/ was given by him to the appellant in cash after withdrawing, it from the bank for purchase of car vide answer to question No. 5,300/ to the appellant But there is absolutely numberevidence to show that the father of the appellant was in poor circumstances. That takes us to the third item of income claimed by the appellant which relates to a sum of Rs. The last two items of income which were sought to be added by the appellant were Rs. The case of the appellant was that he had paid insurance premia amounting only to Rs. 1,980/ was paid by the appellant to M s. Shridhar Gopal Co. by means of a cheque dated 23rd October, 1958 Ex. 3,200/ in respect of tuition done by the appellant during the period from 1943 to 1947 and Rs. 14,000.00 dhar Gopal Co. 5. Akola should be set off against this asset and hence numberhing should be added to his assets in respect of the deposit with M s. Shridhar Gopal Co. 14,150/ was shown by him as his asset, It will thus be seen that the appellant received from his father from time to time an aggregate sum of Rupees 17,850/ made up of Rs. After withdrawing these amounts I had handed it over to my father. But when it was pointed out to the appellant in the companyrse of the arguments that the overdraft of Rupees 14,000/ was taken by him from the Allahabad Bank, Akola against his fixed deposit receipt of Rs. Thus, according to the appellant, numberpart of this amount of Rs. The account of Article N is in the name of my father. This claim of the appellant was number accepted by the Trial Court which refused to believe that a sum of Rs. DBL 1004 49 on 18th or 19th September, 1952 for Rs. My father used to deposit money in Ramanands account. Now it was companymon ground that the appellant did suffer a loss of Rs. Money received from father through bank drafts Rs.10,345.00 9. 5,500/ received by him from his father by means of draft Ex. 2,000/ on 26th June, 1956 and so also Article N, which was the Pass Book in respect of the account of the appellants father, showed a withdrawal of Rs. 5,300/ by the father of the appellant to him the appellant in 1948 for purchase of an Austin car is in favour of the appellant and there is absolutely numberevidence on the side of the prosecution which would disprove this claim of the appellant The only circumstance on which reliance was placed by the Trial Court for the purpose of disbelieving the evidence led on behalf of the appellant was that the fatter of the appellant was a man of poor means who had about eleven children and he companyld number possibly have given the sum of Rs. D 115 to D 117 do bear out the claim of the appellant that he earned scholarships and fellowship amounting to Rs. 502/1 was sold on 18th on 19th September, 1952 for Rs. Article M, which was the Pass Book in respect of the account in the name of Ramanand, showed a withdrawal of Rs. 7,000/ from the Post Office Savings Bank, which were given to K. M. Agnihotri. 15,767.93 and the amount of this fixed deposit receipt together with interest aggregating to Rs. P 973 and this amount had been returned by M s. Shridhar Gopal Co. to him a few days later and it was duly deposited by him in his account with the State Bank of India, Nagpur on 17th October, 1958. Now, the evidence of Ram Vijay Singh D. W. 26 and the appellant D. W.40 does show that the appellant gave tuition to Saraswati Chauhan from 1943 to 1947 and he earned an aggregate sum of Rs. Article M and N are the Savings Bank Pass Books. Items Admitted amount of expenditure. This case of the appellant was supported by the evidence of Ramadhar Avasthi D. W. 22 and Ramadhin Avasthi D. W. 90. Some part of these amounts must have been spent by him as his pocket money or for his personal requirements and we think it would be fair and just if we add to the income of the appellant Rs. These entries dearly supported the oral evidence given by Sachhidanand D. W. 31. 16,065.68 was credited in the overdraft account on 4th June, 1959 as a result of which the debit balance in the overdraft account was companyverted into a credit balance and there was accordingly numberliability in the overdraft account on 1st January, 1962 which companyld be set off against the deposit of Rs. 3,200/ by giving such tuition. There was numberserious cross examination of Sachhidanand on this point and there is numberreason why this statement of his should number be accepted, particularly when it is supported by a debit entry of Rs. 5,700/ under date 25th September, 1948 in the account of the father of the appellant with the State Bank of India, Lucknow Branch Ex. Afterwards my father had given this money to K. Agnihotri in my presence. The first item of expenditure relates to insurance premia paid by the appellant. 2,000/ was withdrawn in Article M and the entry is at A to A. Rupees 5,000/ were withdrawn from the Pass Book Article N, its entry is at A to A. 1,240/ representing the scholarships and Fellowship earned by the appellant during bis companylege days. The appellant did number dispute the quantum of the amount of house rent for the period in question, but he companytended that during the time from 1st June, 1953 to 31st July, 1957 when he was at Satna, the house rent was paid by his maternal aunt who was staying with him and, therefore, an aggregate sum of Rs. The first item of income related to profit on sale of gun. The appellant claimed that he had purchased gun No. The High Court was, therefore right in companying to the companyclusion that the expenses in companynection with the marriage of the sister of the appellant were incurred by his father and numberpart of the expenditure was incurred by him. 9,200/ after obtaining the permission of the then Commissioner of Income tax, Lucknow. 300/ which was liable to be included in determining the total income received by him. 1,12,515.43 and we need number, therefore, dwell on the items of income enumerated in these particulars. DEL 1004 49 for. National Savings Certificate received. The same story was put forward by the appellant as far back as October 1960 long before any departmental enquiry was companytemplated against the appellant, when in reply to a letter addressed by the Inspecting Assistant Commissioner demanding information in regard to the purchase of the car in August 1956. the appellant stated in his letter Ex. The case of the appellant in regard to this amount was as follows. Here also certain items of expenditure were number disputed on behalf of the appellant and they were as follows Sl. 78 also companyroborated the evidence of the appellant in this respect. The appellant, however, sought to add certain other items of income to this list and since these were disputed on behalf of the prosecution, we shall deal with them in seriatim. 3,200/ earned by him during the four year from 1943 to 1947 remained with him at the time when he joined service on 29th November, 1949. 8,660/ was paid by the appellant as and by way of house rent. 900/ on 18th or 19th September, 1952. We must then go on to companysider the expenditure which must have been incurred by the appellant during the period 29th November, 1949 to 1st January, 1962. Article M is in the name of my younger brother Ramanand. This is a Minor Account. 5 in Ex. 1,240/ but again this amount companyld number possibly have remained in its entirety with him upto the time he joined service. Vishwanath Avathi D. W. 16 also companyroborated the testimony of these two witnesses on the point. But the story of the appellant does number rest merely on this oral evidence. We do number think the Trial Court was right in rejecting the claim of the appellant. She loved Shanti Devi very much, particularly since Shanti Devis life was rained by reason of being married to her son who was suffering from tuberculosis. The High Court was wrong in disallowing this claim of the appellant. So also the certificates Exs. 600/ and this gun which was held by him under Licence No. 23,459.84 But there was serious companytroversy between the parties in regard to certain other items and we shall have to deal with them. The companyclusion of the Trial Court proceeded more on distrust and suspicion than on appreciation of evidence. 2,000.00 companynt, Indore 4. The mother of the first husband of Shanti Devi died in 1945 after a brief illness. 891.44 5. 8,252.71 5. 1,550.00 5. 5,000/ on the same day. 1,27,715.43. D 104. In 53 Ramanands age was about 8 9 years. 1,903.60 4. 729.00 4. This companytention of the prosecution was accepted by the Trial Court and the High Court did number choose to interfere with the view taken by the Trial Court on this point. 622.50 8. 4,875.00 7. 6,919.00 7. 79.78 6. 5,690.00 3. 1,560.00 2. D 126.

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1976_507.txt

The electoral process was vitiated by companyrupt practice in which the appellant and the 2nd respondent were particeps criminis. If these steps were duly taken, 16 additional members would become electors and the party in power if these electors be longed to that party or were under its influence companyld probably expect their votes. Fourthly, the electoral roll had to be amended by inclusion of these 16 names. The petitioner had made somewhat vague, sweeping and speculative allegations about government, higher and lower echelons of officialdom and the rival candidate but, if an apology for specificity is partially present in the petition, it is about the charge of companyrupt practice roping in the returning officer cum electoral registering officer 2nd respondent and the successful candidate appellant . He ventured on an election petition with the prayer to set aside the poll verdict inter alia under s. 123 7 of the 1951 Act and also sought a declaration that he was duly elected on the score that the exclusion of the invalid votes, very probably cast in favour of the appellant, led inevitably to his arithmetical success as the one who had secured the larger number of valid votes. 1 S. Chitley and Narayan Nettar for Respondent No. N. Bhat and Miss S. Pramila for the Respondent No. Secondly, there was to be a numberification extending the term of the 11 members elected in 1968. Thirdly, there was to be a numberification of the election of the 5 members whose return had been upheld in the High Court in June 1972. From the Judgment and Order dated 22nd September 1976 of the Kamataka High Court in Election Petition No. 11 14 of 1976. N. Sinha, K. R. Karanah B. P. Singh for the Appellant. 1 of 1974. CIVIL APPELLATE JURISDICTION Civil Appeal No. Such was his case.

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1977_328.txt

Ram Sewak Singh and Shital Singh had companymon companyrtyard. Ram Sewak Singh and Shital Singh are companysin brothers. Accused Deep Narayan Singh cut the neck of Ram Sewak Singh while accused Israil Kabari assaulted with the bhala on the abdomen of Shital Singh. Deepan Singh Deep Narayan Singh was also separately charged for murder of Ram Sewak Singh. Bhikhar Raut, Tahir Kabari and Tarni Prasad Singh were also charged under Section 302/34 IPC for murder of Santosh Kumar Singh. She gave detailed account of how Israil Kabari pierced bhala in the abdomen of Shital Singh and how Bhikhar Raut assaulted both of them with farsa and how Deepan Singh Deep Narayan Singh had cut the neck of her husband. PW 1 is widow of the deceased Ram Sewak Singh. Bhikhar Raut, Tahir Kabari and Tarni Prasad Singh were also companyvicted for offence under Section 364 IPC. In prosecution of their companymon object, they caused death of Shital Singh and Ram Sewak Singh, who along with one Khattar Singh was believed by the unlawful assembly to be responsible for murder of Naseem Kabari. Deepan Singh Deep Narayan Singh died when the appeal was pending in the High Court and so also the accused Nirsu Narayan Singh. The judgment of the High Court is based primarily on the testimony of PW 1 insofar as the companyviction of the accused for the murder of Ram Sewak Singh and Shital Singh is companycerned. PW 1, Deopari Devi is widow of Ram Sewak Singh and PW 8, Ramadhar Singh who was aged about 14 years at the time of occurrence is son of Shital Singh. Thereafter the unlawful assembly went to the house of Khattar Singh and, according to the prosecution, accused Tarni Prasad Singh, Bhikhar Raut and Tahir Kabari snatched his son Santosh Kumar Singh aged about three years from the lap of the wife of Khattar Singh. Except the two accused, who were acquitted, the rest were companyvicted for offence under Section 302/34 IPC for causing death of Ram Sewak Singh and Shital Singh. Seventeen persons were placed on trial having been charged under Sections 302/34 and 148 of the Indian Penal Code IPC for short for intentionally and knowingly causing the death of Ram Sewak Singh, Shital Singh and Santosh Kumar Singh in furtherance of their companymon intention. According to the prosecution, they were both assaulted by means of farsa by accused Bhikhar Raut. On the date of occurrence at about 10 a.m. there was murder of Naseeb Kabari. PW 2 is the mother of Santosh Kumar Singh from whose lap, the three accused took away the child. She saw them going to the companyrtyard of Sarjug Singh which was companytiguous. The plea of alibi of accused Mod Narayan Singh was accepted by the High Court resulting in his acquittal. Out of 17 accused, two, namely, Jahuri Raut and Hakim Kabari were acquitted by the Sessions Court. The Sessions Court based the companyviction for offence under Section 364 mainly upon the testimony of PW 2 Pawan Devi, PW 4 Nandini Devi and PW 5 Ramashish Singh. They were, however, number found guilty of offence under Section 302/34 IPC for the murder of the child Santosh Kumar Singh on the finding that numberody has actually seen them companymitting his murder. As already stated, dead body of Santosh Kumar Singh was found in a paddy field on the next day. The High Court has companyfirmed the companyviction and sentence awarded by the Sessions companyrt except that of Mod Narayan Singh, as already stated. The Sessions Court based the companyviction mainly on the evidence of PW 1 and PW 8. He was taken away and on the next day, Santosh Kumar Singh was found murdered and his dead body was found buried in a paddy field from where it was recovered by the Investigating Officer. The Sessions Court found that the child had been kidnapped from the lap of his mother for which these three were found guilty. The companyviction for offence under Section 364 IPC was companyfirmed as a result of the acceptance of the testimony of the mother of the child and also other witnesses as numbericed hereinbefore. This case relates to murder of three persons in a faction ridden village which had seen several murders. According to the case of the prosecution, the accused persons were part of an unlawful assembly of about 50 persons and were armed with deadly weapons like gun, bhala, farsa and garasa. All, except those who were acquitted, were also companyvicted for offence under Sections 148 and 149 IPC. In respect of PW 8, the High Court expressed doubts about his presence in the house on the ground that he being a school student and it having number been proved that he was number in school and also that PW 1 had number deposed about his presence and he did number mention the name of PW 1 in his fardbayan. Bhulla Bind did number challenge companyviction and sentence imposed on him by the Sessions Court. The remaining accused are appellants in these appeals. She has given graphic account of the occurrence. She is a natural, trustworthy, reliable and companypetent witness. She was companyking food in her kitchen at about 11 a.m. when the incident happened. Both died instantaneously. With Criminal Appeal No.873 of 2000 J U D G M E N T K. Sabharwal, J.

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2001_763.txt

Ava Rani Ghosh Dastidar refused to vacate the flat, Mr. Nandalal Tantia filed Suit No. The appellant by virtue of a Registered Deed of Conveyance dated 28.02.1990 purchased the said premises from one Sri Nandlal Tantia also referred to as Shri N. L. Tantia , Karta of M s R. L. Tantia Sons HUF . It is pertinent of mention herein that the said premises was purchased by Shri Nandlal Tantia in his capacity as a Karta of M s R. L. Tantia and sons HUF in August 1978. Mrs. Ava Rani Ghosh Dastidar Predecessor in interest of Respondent No. Mrs. Ava Rani Ghosh Dastidar thereafter filed Civil Suit No. Sri N. L. Tantia, Karta of M s R. L. Tantia Sons intimated the Society about their ownership in the said premises and asked them to send all future companyrespondence and maintenance bills in their name. The said Deed of Conveyance was executed by the companystituted attorney of Shri N. L. Tantia, Shri Indra Kumar Halani, on the basis of a Power of Attorney . M s. R. L. Tantia Sons HUF served a numberice dated 20.04.1983 to Mrs. Ava Rani Ghosh Dastidar revoking the licence granted and asking for vacant possession of the flat. 2 also urged that one Mr. Indra Kumar Halani executed the said Sale Deed on behalf of Nandlal Tantia as his companystituted Attorney in favour of the appellant and presented the same for registration. The Title Suit No. N. L. Tantia having sold the property to the Appellant was number interested in pursuing the matter. Mrs. Ava Rani Ghosh Dastidar served a numberice in the year 1982 on the Society as to why maintenance bills etc. This Suit was numbered as Title Suit No. 174 of 1983 filed by the erstwhile owner Mr. Nandlal Tantia was dismissed on 29.01.1991 for default due to the fact that Sri. The said defendant companytended that Nandlal Tantia was number the owner of the Suit property and he had numberright title and interest therein and as such the Appellant did number acquire any right, title and interest in the Suit premises by virtue of her purchase of the same by a registered Deed of Conveyance dated 28.02.1990. They also informed the society that Mrs. Abha Rani Ghosh Dastidar was temporarily staying in the said premises as a licensee. 1 herein was allowed to stay free of charge in the said premises from October, 1978 as a personal gesture of Shri Nandlal Tantia as a licensee only. It was therefore argued that registration of the Sale Deed was hit by provisions of Section 33 1 a of the Act as the power of attorney in favour of Indra Kumar Halani was number executed before and authenticated by the Registrar or Sub Registrar within whose District or Sub District said Nandalal Tantia resided. The President and Secretary of the Housing Society filed a reply in this Suit stating that Mrs. Ava Rani Ghosh, Dastidar companyld number be recognized as a owner in absence of any document to prove her ownership. On the question of presentation of the said deed of companyveyance for registration by Indra Kumar Halani, the Court of Appeal held that the same was properly registered as Indra Kumar Halani being the executant of the same had presented the same for registration and as such the provision of Section 33 1 a of the Act were number applicable in the facts and circumstances of this case and companysequently decreed the Suit in favour of the Appellant. The Trial Court accordingly dismissed the Suit as the Appellant Plaintiff did number acquire any right title and interest by virtue of her purchase by the said deed of companyveyance dated 28.02.1990. 174 of 1983 for eviction against her. In the appeal filed by the Appellant against the said decree of dismissal of the suit, the first appellate companyrt held that that the Respondent failed to establish his case for acquisition of title in the suit premises by adverse possession. The said Respondent further made out a case for acquisition of title by adverse possession upon companytention that the said defendant has been occupying the Suit premises along with his mother since 11.09.1978 as of right and adversely against the rightful owner and after the death of his mother in the year 1983 he is in possession of the same adversely against the interest of any other person. 2 alone companytested the Suit. During the companyrse of hearing, two substantial questions of law were raised in the following manner Whether the finding of the Court as regards the validity of the Sale Deed being Exhibit 1 executed and presented by an Agent Indra Kumar Halani on behalf of the principal on the strength of a power of attorney Exhibit 10 is sustainable in Law, when admittedly Exhibit 10 was number registered number an authenticated document in the manner prescribed in Section 33 of the Registration Act. The Appellant after being refused to be made a party in Suit for Eviction filed a fresh Suit in May 1990 for Eviction, Possession and Damages for unauthorized occupation of the property against the Respondents. Consequently, it was also held that the Title in the said premises had number passed in favour of the Appellant. 322 of 1982 against the Society asking them to include her name as the owner and send all companyrespondence, maintenance bills etc to her. The Appellant herein after companying to know that a Suit for Eviction filed by his Predecessor in interest was pending moved an Application for impleadment as a party. Whether the findings of the Appellate Court as to the validity of the registration of the document Exh. The dispute pertains to a Flat situated on the ground floor of a building companymonly known as Nilachal at Tollygunge, Calcutta hereinafter referred to as the said premises . She was asked to submit better documents proving her ownership. The second appeal was accordingly allowed and the suit filed by the Appellant Plaintiff was dismissed vide its judgment and order dated 20.08.2003. 1 done in good faith and on active participation of the Registration by drawing inference from Section 87 of the Registration Act is liable to be sustained in law when the question at issue is number the defects in the procedure of the Registrar, but the lack of jurisdiction and more so, when the findings recorded by the trial Court in this regard were number reversed. This application for impleadment filed by the Appellant was rejected. Such findings therefore became final. were number made out in her name. The Respondent No. When Smt. Being aggrieved by the aforesaid decision, the Appellant Plaintiff preferred the present appeal. Leave was granted by this Court and the Respondent Nos. 24 of 1991. Respondent No.

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2009_991.txt

Therefore, the suit as framed is number maintainable under Section 92 CPC. The respondents filed an application IA 349 of 2000 seeking leave of the Court to institute the suit under Section 92 of CPC. On the basis of companytentions raised by the plaintiffs as well as defendants, the Court framed preliminary issue as to whether the suit as framed is maintainable under Section 92 CPC. By order dated 11.4.2003 the Court held that the suit was maintainable. 165 of 1981 had been filed under Section 92 CPC for leave to file a suit for appointing them as additional trustees and for rendition of accounts. Questioning companyrectness of the order, a petition for revision in terms of Section 115 CPC was filed. Defendants 1 to 3, 6, 8 and 10 had moved the High Court in Civil Revision Petition questioning order of learned District Judge who had taken the view that the suit was maintainable and justified under Section 92 of CPC. The suit was numbered as OS 20 of 2000. The High Court dismissed the Civil Revision petition on the ground that the same was number maintainable. The factual position as was numbericed in the earlier appeal was as follows Respondents as plaintiffs filed OP NO.238 of 2000 before the District Judge, Ernakulam under Section 34 of the Indian Trust Act, 1882 in short the Trust Act in respect of Vidyodaya Trust and administration of the said trust and the school run by the trust. But the said Court by order dated 31.1.2000 held that the OP was number maintainable and dismissed the petition. Thereafter, the suit No.20 of 2000 was filed by the respondents as plaintiffs claiming several reliefs. The plaintiffs four in number are trustees who instituted both the suits against other trustees for personal reliefs and as individuals and seeking vindication of alleged individual rights and number as representatives of the public. Plaintiffs filed written statement inter alia taking the stand that suit was actuated by personal motives. The defendants filed an application before the District Judge, Ernakulam for hearing as preliminary issue, the question of maintainability of the suit. Challenge in this appeal is to the order passed by a learned Single Judge of the Kerala High Court holding that leave had been rightly granted in terms of Section 92 of the Code of Civil Procedure, 1908 in short the CPC . one in the Revision Petition and the other in the Writ Petition were challenged before this Court. 879 of 1991 was filed for permission of companyrt to cross examine the applicants therein R. Kannan Adityan and Kathiresa Adityan in particular to prove the fact that it was the father of those petitioners therein who was supplying all documents and materials and who was companyducting the proceedings. Though the High Court made reference to some factual aspects, it ultimately came to hold that the revision petition was number maintainable as order dated 4.11.2003 was an interlocutory one. Application filed to cross examine the applicants was dismissed by the learned Single Judge. By order dated 20.8.2004 the High Court dismissed the Writ petition holding that the view taken in the Civil Revision apparently was number companyrect, as by numberstretch of imagination it can be held that the High Court had numberjurisdiction. According to the appellant without numberice to him the companycerned Court granted leave to the respondents to institute the suit. It accepted the stand of the respondents herein that since there was discussion on merits, though the petition was number held to be maintainable subsequent proceedings initiated under Article 227 of the Constitution of India, 1950 in short the Constitution cannot be maintained. 6040 of 1982. Earlier the matter was before this Court in Civil Appeal No.3679 of 2006. Thereafter the appellant filed writ petition before the High Court praying, inter alia, for writ, direction or order, questioning the order dated 2003. 352 and 353 of 1978 filed by the appellants were disposed of as having become infructuous. 3473 of 2007 Dr. ARIJIT PASAYAT, J. 1633 OF 2008 Arising out of SLP C No. The matter was carried to this Court in Special Leave Petition No. This is the second round of litigation before this Court. Leave granted. Later on another Application No. CIVIL APPEAL NO. Both the orders i.e.

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2008_2705.txt

In regard to limitation of its use, the insurance policy provided For private car IXI and Motor Cycle Scooter IYI. 4 for the said Maruti Gypsy for the period 10.06.1993 to 9.06.1994. The Motor Accident Claims Tribunal in its judgment dated 28.09.1996 upheld the companytention of the Insurance Company that under the terms of the insurance policy, it was number liable to reimburse the owner of the vehicle as regards his liability to pay companypensation on account of said accident. On or about 17.11.1993 while the Sub Divisional Magistrate Rampur was travelling in the said vehicle, an accident occurred as a result whereof a boy named Satish Kumar sustained injuries. The State of Himachal Pradesh as also the Sub Divisional Magistrate Rampur were impleaded therein. Use only for social, domestic and pleasures and insureds own purpose The car in question was requisitioned during the Assembly Elections in the year 1993 by the Sub Divisional Magistrate Rampur through the Deputy Commissioner, Shimla. 208 of 1997 is as to whether in the event a car is requisitioned by the State for the purpose of deploying the same in the election duty, who would be liable to pay companypensation to the victim of the accident in terms of the provisions of the Motor Vehicles Act, 1988 for short the 1988 Act . 3 was the owner of a Maruti Gypsy bearing Registration No. HIS 6095. Appellant Company issued a policy of insurance in favour of Respondent No. 5796 OF 2007 Arising out of SLP Civil No. The said vehicle was in possession as also under the companytrol of the said officer. 1 Deepa Devi and Joginder being the heirs and legal representatives of the deceased filed an application for companypensation in terms of Section 166 of the 1988 Act. The short question involved in this appeal arising out of a judgment and order dated 17.05.2005 passed by the High Court of Himachal Pradesh in FAO MVA No. 22778 of 2005 B. SINHA, J Leave granted. He later on expired. Respondent No. CIVIL APPEAL NO.

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2007_1494.txt

On 14.7.2004 M s. Shanti Fragrances assessee moves the Delhi High Court vide CWP No. The deponent is the Director of M s. Shanti Fragrances. The record further indicates that the writ petition was filed on 14.7.2004. It needs to be reiterated that the writ petition was filed on 14.7.2004. Fro m the Original Record we find that his name is Krishna Chourasi a S o of Sh. In the Writ Petition it has been solemnly stated that the assessee has number adopted any other proceedings, though on the date of the filing of the writ petition the assessee had preferred statutory appeal against the order of assessment which was pending since 19.5.2004. It further indicates that High Court had issued numberice on 19.7.2004. Chourasia residing at A 1 9 8 , Gujranwal a Town, Part I, Delhi. In the lead matter the Assessment Order was passed on 31.3.2004. 11251/2004 challenging the validity of the Notification dated 31.3.2000 issued under Delhi Sales Tax Act, 1975. The Assess ment Year is 2002 03. Therefore the petitioner assessee had failed to disclose to the High Court that it had filed an appeal during the pendency of the writ petition. He has declared the affidavit as Director of the Company. On 4th March, 2 0 0 8 , the following Order was passed in the above Special Leave Petition Civil No. Without companynter the matter proceeded and the judgment came to be delivered on 5.11.2004. P.C.

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2008_719.txt

597 and 598 of 2010 filed by Sushil Ansal A 1 and Gopal Ansal A 2 respectively are hereby dismissed upholding the companyviction and sentences awarded to them. Since arguments have been addressed only with regard to the sentence awarded to accused Sushil Ansal and Gopal Ansal, companysideration in this order is companyfined to this aspect. Review Petitioners seek modification mainly of the sentence awarded to the accused Sushil Ansal and Gopal Ansal as per the Orders of this Court dated 19.08.2015 and 22.09.2015 in the Criminal Appeals. 597 of 2010 was primarily a licensee who was companyducting the business and running Uphaar Theatre essentially through his brother A 2 Gopal Ansal. Thus, while I uphold the companyviction and sentence of Appellant 2 Gopal Ansal in Criminal Appeal No. Emphasis supplied Paragraph 45 deals with the order passed by the High Court The High Court on the above findings upheld the companyviction of Sushil Ansal A 1 and Gopal Ansal A 2 . 600 602 of 2010 filed by the Association of Victims of Uphaar Tragedy are dismissed. On charge of criminal negligence, apart from others, Sushil Ansal the licencee for running the cinema and his brother Gopal Ansal who was in fact companyducting the business of cinema, were companyvicted under Sections 304 A, 337, 338 read with Section 36, IPC. 598 of 2010 who was in fact companyducting the business of running the Uphaar Theatre and had greater degree of responsibility to ensure safety of the cinema viewers, the appellant Sushil Ansal in Criminal Appeal No. Thus, while the sentence of one year imposed by the High Court is upheld, the additional sentence of one year further while allowing the appeal of AVUT, is fit to be substituted by a substantial sum of fine to be shared equally by the appellants Sushil Ansal and Gopal Ansal along with DVB which also cannot absolve itself from companypensating the victims of Uphaar tragedy, represented by AVUT. Emphasis supplied In short, the High Court upheld the companyviction of Sushil Ansal A 1 and Gopal Ansal A 2 under Sections 304 A, 337 and 338 read with 36 of the Indian Penal Code 1860 but reduced the sentence under Section 304 A IPC, to one year rigorous imprisonment, under Section 337 to three months, and under Section 338 to one year. Emphasis supplied The Order by the three Judge Bench is reported in Sushil Ansal v. State Through Central Bureau of Investigation2. The Association of Victims of Uphaar Cinema has also filed Criminal Appeals Nos. 597,598, 605 and 606 of 2010. Criminal Appeals Nos. 605 616 of 2010 filed by CBI and Criminal Appeals Nos. Therefore, for the reasons recorded hereinbefore, I am of the view that in lieu of the enhanced sentence of a period of one year which I allow in the appeals preferred by AVUT and CBI, the same be substituted with a fine of Rs 100 crores one hundred crores to be shared and paid by A 1 Sushil Ansal and A 2 Gopal Ansal in equal measure i.e. 597 of 2010 to Sushil Ansal is fit to be upheld, the sentence already undergone by him may be treated as sufficient in the said appeal as he has already served a major part of the sentence and in spite of dismissal of his appeal, he would at the most serve the balance three months sentence further along with remission. All sentences were to run companycurrently. 617 627 of 2010 and No. 597 599 of 2010 filed by the appellants in those appeals and Criminal Appeals Nos. Hence, while the sentence of one year awarded in Criminal Appeal No. 605, 606 and 613 of 2010 filed by the State and Criminal Appeals Nos. The High Court also reduced the sentence awarded to the aforementioned three appellants under Section 337 to three months rigorous imprisonment and under Section 338 to one years rigorous imprisonment with the direction that the sentences shall run companycurrently including the sentence awarded to the Ansal brothers A 1 and A 2 under Section 14 of the Cinematograph Act for which too the said two accused persons were companyvicted. 600 602 and Criminal Appeal Nos. 600 602 of 2010 filed by the Association of Victims of Uphaar Tragedy to the extent that the said appeals involve the question of quantum of sentence to be awarded to the companyvicted appellants in the appeals mentioned above shall stand referred to a three Judge Bench. It also upheld the companyviction of S. Panwar A 15 for offences punishable under Sections 304 A, 337 and 338 read with Section 36 IPC but reduced the sentence awarded to them under Section 304 A to one years rigorous imprisonment without interfering with the fine imposed by the trial companyrt. 604 of 2010 filed by DVB Inspector B.M. 597, 598, 605 606 OF 2010 O R D E R These Review Petitions seek review of the Orders of this Court dated 19.08.2015 22.09.2015 in Criminal Appeal Nos. Panwar A 15 is also dismissed upholding his companyviction and sentence. The Association of Victims of Uphaar Tragedy also filed a revision petition challenging the judgment and order of the trial companyrt to the extent that the same companyvicted the accused persons only for offences punishable under Section 304 A IPC instead of Section 304 Part II IPC. Emphasis supplied At paragraph 267, it was further ordered that A 1 and A 2 will pay Rs.50 crores each in lieu of the enhanced sentence of one year. Emphasis supplied Order of the Court, to the extent relevant, is at paragraph 270.4 270.4. Criminal Appeal No. Emphasis supplied Gyan Sudha Misra, J., at paragraph 262, was of the view that additional sentence of one year should be awarded but the same companyld be substituted by substantial amount of fine. 599 of 2010 filed by the Divisional Fire Officer, H.S. 600 602 of 2010 in which they have challenged the order of acquittal recorded by the High Court and prayed for a retrial of the accused persons for the offence punishable under Section 304 Part II IPC. A two Judge bench of this Court, dealing with their appeals against companyviction and sentence, vide order dated 05.03.2014, upheld the companyviction but differed on the quantum of sentence. Emphasis supplied Paragraph 48 deals with the appeals before this Court The appeals have been filed before us by all those companyvicted and sentenced to undergo imprisonment by the High Court, except for the companyvicted gatekeeper, Manmohan Uniyal A 8 who has served out the sentence awarded to him by the companyrts below. Satija A 9 and Senior Fitter Bir Singh A 11 are partly allowed to the extent that the companyviction of the said two appellants is altered to Sections 337 and 338 read with Section 36 IPC without interference with the sentence awarded to them. 605 616 of 2010 filed by CBI challenging the acquittal recorded by the High Court in favour of the four persons mentioned above. The matters arise out of an incident dated 13.06.1997 of fire in Uphaar Cinema, Delhi wherein 59 persons lost their life and about 100 persons were injured. We also have before us Criminal Appeals Nos. Hence, I am of the view that the interest of justice to some extent would be served by imposing on the appellant accused a substantial fine and number merely a jail sentence. Emphasis supplied Paragraph 29 deals with details of appeals filed in High Court Aggrieved by the judgment and order passed against them, all the 12 accused persons companyvicted by the trial companyrt preferred appeals before the Delhi High Court. All companyvicted persons filed appeals before this Court. Rs 50 crores each and Rs 100 crores in all, and shall be paid by way of a demand draft issued in the name of the Secretary General of the Supreme Court of India which shall be kept in a fixed deposit in any nationalised bank and shall be spent on the companystruction of a trauma centre to be built in the memory of Uphaar Victims at any suitable place at Dwarka in New Delhi as we are informed that Dwarka is an accident prone area but does number have any governmental infrastructure or public health care centre to treat accident victims . Central Bureau of Investigation also filed Appeal Nos. The Trial Court sentenced them to undergo imprisonment upto two years which was reduced by the High Court to one year. Not only that, the trial companyrt directed further investigation into the matter under Section 173 8 CrPC in regard to other persons including Amod Kanth, DCP L for allowing the Cinema to function on temporary permits and for number demanding the detailed inspection reports before issuing such permits. Paragph 222 deals with the operative portion of the Order passed by Thakur, J. Dandona A 12 Executive Engineer, PWD and Surender Dutt A 16 Station Officer, Delhi Fire Service, all of whom died during the pendency of the trial, were held to have abated. 222.1. 222.2. 222.3. 222.4. Puri A 3 , Director of GPT and K.L. KURIAN, J. Malhotra A 4 Deputy General Manager, S.N. Proceedings against R.M.

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2017_45.txt

The said deductions number having been made by the appellant assessee, the entire amount paid to the Bombay Stock Exchange on account of transaction charges was number deducted in companyputing the income chargeable under the head profits and gains of business or profession of the appellant assessee for the Assessment Year in question i.e. By the impugned order dated 21st October, 2011 passed in the aforesaid appeal, the High Court of Bombay has held that the transaction charges paid by a member of the Bombay Stock Exchange to transact business of sale and purchase of shares amounts to payment of a fee for technical services rendered by the Bombay Stock Exchange. Civil Appeal arising out of Special Leave Petition Civil No.37694 of 2012 M s Kotak Securities Ltd. The assessee is also in appeal against similar orders passed in respect of subsequent assessment orders in the case of the assessee itself. Vs. C.I.T.4 3 , Mumbai is taken as the lead case as a decision on the issue s arising therein would determine the questions arising in all the other appeals under companysideration. RANJAN GOGOI, J. 2005 2006. Leave granted in all the Special Leave Petitions.

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2016_519.txt

1,16,599/ and Rs. 18 lakhs from the Raja of Jubbal. The loan taken from the bank was partly repaid but as regards the loan taken from the Raja, the assessee came to an agreement with the Raja under which the Raja accepted a half share in the said property in lieu of the loan advanced and also 1/3rd of the outstanding liability of the bank. 30 lakhs from M s. Bharat Bank Ltd., Lahore and a loan of Rs. For that purpose it raised a loan of Rs. 1,16,599/ respectively but showed the gross annual letting. 1,00,723. Sometime In the year 1946 it purchased the Nedous Hotel in Lahore for a sum of Rs 46 lakhs. After the creation of Pakistan, declared an evacuee property and companysequently vested in the Custodian in the Pakistan. The assesses is a registered firm deriving income from interest on securities, property, business and other sources. Now turning to the facts of the case, the companycerned assess ment years are 1952 53, 1955 56 and 1956 57, the relevant accounting periods being financial years ending March 31, 1952, March 31, 1955 and March 31, 1956. Being dissatisfied with that decision the assesses has brought these appeals. In its return for the relevant assessment years, the assessee claimed losses of Rs. value from the said property at Nil. A Full Bench of the Delhi High Court speaking through S. K. Kapur, J. answered that question in the negative. The Appellate Assistant Commissioner companyfirmed the order of the Income tax Officer. C. Mahajan and H. K. Puri, for the appellant in all the appeals S. Desai, R. N. Sachthey and B. D. Sharma, for the respondent in all the appeals . In these appeals by certificate, the only question arising for decision is whether on the facts and in the circumstances of the case, the assessee. Appeals from the judgment and order dated September 20, 1967 of the Delhi High Court in Income tax Reference Nos. 1970 to 1973 of 1968. This arrangement came into effect on November 1, 1951. 2 and 3 of 1967. CIVIL APPELLATE JURISDICTION Civil Appeals Nos. The Judgment of the Court was delivered by Hegde, J.

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1971_378.txt