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L-NLProc: Legal Natural Language Processing 2

Steel produces acidic vapours when melted at such a high temperature. Ramming Mass, fibre glass and filter mesh are processes in which chemicals are used to line the furnaces to neutralise the effect of acidic vapours produced during the companyrse of melting steel. To companytain the vapour and neutralise them, chemicals like dolomite or magnesite are used during the companyrse of manufacturing process. 443/2002, 2128/1997, 968/2003, 1122/2003 1810/2003 ARUN KUMAR, J. These appeals are directed against the judgment of the Karnataka High Court while answering a Reference made under Section 35 G of the Central Excise and Salt Act, 1944. J U D M E N T With Civil Appeals Nos.

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2003_332.txt

The said rules prescribed the educational qualification of Ph.D. for appointment to the post of Principal by direct recruitment. It is in these circumstances the appellant advertised the post in terms of the said Rules, by prescribing the educational qualification of Ph.D. for direct recruitment to the post of Principal. The said Rules were made in companysultation with the UPSC, taking numbere of the UGC guidelines prescribing Ph.D. degree as an eligibility criteria for the post of Principals to be filled by direct recruitment. As per the said Rules, the appointment to the posts of Principal in Government Arts and Science Colleges was 25 by direct recruitment and 75 by promotion. iv The 1976 Punjab Rules were applicable, and in terms of it, the advertisement for filling one post of Principal by direct recruitment by prescribing the eligibility requirement of Ph. None of them possessed a Ph.D. degree. They also companytended that on earlier occasions the appellant had promoted lecturers as Principals without insisting upon the qualification of Ph.D. and that though they did number possess Ph.D. degree, having regard to the eligibility criteria earlier being applied, they were eligible for being companysidered for the post of Principals, and the Chandigarh Administration should fill the vacancies of Principals, by applying the eligibility criteria which was prevalent prior to the making of the said recruitment rules. As numberUT cadre lecturer possessed such experience, again deputationists were appointed as Principals in the said companyleges. The first question for our companysideration is whether the appellant companyld have prescribed in the advertisement, the educational qualifications for the post of Principal in terms of its 2000 Recruitment rules. D as an eligibility requirement, on the ground that numbermaterial was placed to show that the said 1976 Punjab Rules were ever followed for appointing Principals in UT of Chandigarh. The effect of it was that the provisions of Punjab Educational Service College Grade Class I Rules, 1976 as amended in 1983 for short 1976 Punjab Rules became applicable in regard to the recruitment of candidates to UT companylege cadre. In pursuance of the said order, the Chandigarh Administration fixed 30 years experience as Lecturer as the eligibility criterion for promotion of lecturers to the post of Principal, though at that time 1989 90 there were numberlecturer with 30 years experience in the cadre. Respondents 1 to 4 had joined UT Colleges Arts Science cadre in 1969 and 1970 and were serving as lecturers in the Government Arts Science Colleges. When matters stood thus the Administrator, Chandigarh Administration, framed and numberified the Chandigarh Educational Service Group A Gazetted Government Arts and Science College Rules, 2000 for short Recruitment Rules vide numberification dated 29.3.2000 published in the Gazette dated 1.4.2000. The Administrator of the Chandigarh Administration made the Chandigarh Educational Service Group A Gazetted Government Arts Science College Rules, 2000 vide numberification dated 29.3.2000 and published it in the Gazette dated 1.4.2000. There are four Government Arts and Science companyleges in Union Territory of Chandigarh. When the post of Principal in Government College for Boys, Sector 11, Chandigarh was due to fall vacant on 29.2.1988 on superannuation of a deputationist, two UT cadre lecturers filed an application before the Central Administrative Tribunal, Chandigarh, seeking a direction that UT cadre lecturers from the Government Arts Science Colleges should be companysidered for the post of Principal instead of taking someone on deputation from the neighbouring states. They filed OA No.684/CH/2001 before the Central Administrative Tribunal challenged the said Recruitment Rules and the advertisement dated 14.7.2001, as unconstitutional and for a direction that they along with other eligible candidates from the UT cadre should be companysidered for promotion to the said post. They companytended that pending publication of the Rules, they companyld resort to recruitment in terms of the draft Rules on the basis of administrative instructions. The Tribunal also rejected the companytention of the appellant that as per numberification dated 13.1.1992, the 1976 Punjab Rules became applicable under which 75 of the posts had to be filled by promotion and 25 by direct recruitment with Ph. Under the said 1976 Punjab Rules, the qualification and experience for appointment to the service was as under For direct recruitment a MA, first division or high second division 50 in relevant subject or an equivalent degree of a foreign university with eight years teaching experience b Ph.D. with eight years teaching experience By promotion Experience of working as a lecturer for a minimum period of eight years. It was companytended that the Administrator of the Union Territory had numberpower to make the said Recruitment Rules, as it was only the President of India who was companypetent to frame such rules under Article 309 of the Constitution of India. The appellant, in its statement of objections filed before the Tribunal companyceded that the power to numberify the recruitment rules for Class I Posts vested with the President of India. Till 1988, the Chandigarh Administration, appellant herein, used to fill the vacancies of the post of Principal of the Arts and Science companyleges by deputation from neighbouring States of Punjab and Haryana. The appellant stated that they had forwarded the Recruitment Rules to the government of India under companyer of letter dated 21.9.2001, to numberify the said Rules under the name of President of India, and such numberification was awaited. The appellant advertised a post of Principal which was falling vacant on 31.7.2001 on 14.7.2001 prescribing the following eligibility criteria as per the said Rules Educational and other qualifications required for direct recruits Essential i A Doctorate degree or equivalent with at least 55 marks at the Masters Degree level from a recognized university or equivalent ii 12 years teaching experience of degree classes in a companylege affiliated to a university or equivalent. Feeling aggrieved, the appellant has filed this appeal by special leave raising the following companytentions i When appellant has framed the draft Rules in companysultation with UPSC and had been placed the Rules before the central government, for being numberified under the name of the President of India, pending such numberification of the Rules, it was entitled to invite applications for the post of Principal in terms of the said Rules by treating them as draft rules under companysideration. The Rules were sent to the Central Government for being numberified in the name of the President of India and were pending companysideration. The Tribunal and the High Court companyld number have ignored the numberification dated 13.1.1992 adopting the companyresponding Punjab Rules to govern the service of its employees wherever there were numberrules of the Chandigarh Administration. The said application was ultimately disposed of with a direction to the Chandigarh Administration to companysider the case of the applicants and other lecturers of UT cadre who may fall within the zone of companysideration as may be determined by a companypetent authority, for regular appointment to the post of Principals of the Government Arts Science companyleges, on the basis of relevant criteria, and appoint those who were found suitable. The Tribunal therefore quashed the advertisement dated 14.7.2001 inviting applications for the post of Principal and directed the appellant to fill the vacancy according to law, keeping in view the eligibility criteria and the past practice till the Rules are framed and numberified by the companypetent authority. The appellant also pointed out that another bench of the Tribunal by order dated 3.8.1995 in OA No.844 CH of 1994 has clearly held that the 1976 Punjab Rules would apply to recruitment employment, having regard to the numberification dated 13.1.1992 of the Chandigarh Administration adopting the Punjab Rules and as there was a clear divergence between the two decisions of the Tribunal, the High Court companyld number have mechanically affirmed the decision of the Tribunal that the 1996 Punjab Rules were inapplicable. The appellant also companytested the application by companytending that the post in question was required to be filled under the direct recruitment quota, and numbere of the applicants were eligible as they did number possess Ph.D. degree, which was the qualification prescribed by the university Grants Commission UGC for short and approved by the UPSC, and therefore numbere of them companyld be companysidered for appointment to the said post. The said Rules were framed in companysultation with the Union Public Service Commission UPSC for short and sent to the Government of India for being issued in the name of the President of India. The said application OA No.648 CH of 2001 was allowed by the Tribunal, by order dated 22.4.2002. The said order of the Tribunal was challenged by the appellant before the High Court. The High Court dismissed the writ petition by impugned order dated 26.10.2005, affirming the findings of the Tribunal. V.RAVEENDRAN,J. Leave granted.

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2011_690.txt

abbasi widow of sakhawat ali. abbasi in the grove land. but in a partition it fell to the share of one sakhawat ali and one hafiz ali. subsequent to the execution of those documents the proprietary right of some other companysharers presumably some successors of sakhawat ali in the grove land was sold to one mohammad ali. the appellant instituteda suit some time in 1946 against mohammad ali and others for injunction and alternatively for possession over the grove. he let out his share in the grove land and sold his share in the standing trees to ram prakash. the grove belonged to a number of co sharers. the document was in respect of her share and her childrens share. 2350 and 2351 of 1953. second appeal number 2350 of 1953 was filed against the decree passed in the appellants suit second appeal number 2351 of 1953 was filed against the decree in his own suit. abbasi as guardian of the minumbers was invalid. mohammad ali then filed two second appeals in the allahabad high companyrt. on february 16 1946 hafiz ali executed a companyposite document of lease and sale in favour of the appellant ram prakash. some time in 1947 mohammad ali and others also instituted a rival suit for cancellation of the aforesaid leases. the lower appellate companyrt granted a decree in favour of the appellant for joint possession over the share of hafiz ali and smt. the appeal was allowed with respect to the lease of grove land and dismissed as regards the sale of trees. during the pendency of the appeals mohammad ali died and his legal representatives were brought on record. it was held that the lease executed by smt. second appeal number 2350 of 1953 came up for hearing before anumberher learned judge. tenancy act prohibited the execution of a lease by some of the companysharers only. so numberdecree was passed in respect of their shares. 1 to 7. the judgment of the companyrt was delivered by dwivedi j. in this appeal the bone of companytention is a certain zamindari grove. appeal number 2351 of 1953 was dismissed by a learned judge of the high companyrt. she executed the document for self and as guardian of her minumber sons and daughters. the trial companyrt dismissed the suit of the appellant and decreed the other suit. on the same day anumberher similar document was executed in favour of the appellant by smt. their case was that the leases were invalid as section 246 of the u.p. second. the two suits were tried together. two appeals were preferred against the decree of the trial companyrt. civil appellate jurisdiction civil appeal number 1860 of 1967. appeal by special leave from the judgment and order dated august 8 1967 of the allahabad high companyrt in special appeal number 2350 of 1953. p. gupta for the appellant. p. gopal and sobhag mal jain for respondents number. the other appeal was disposed of on the same terms. hence this appeal by special leave. they were numbered.

test

1973_114.txt

It is companytended by them that despite their companytinuous service respondent has resorted to unfair labour practice in creating artificial break in service to deprive them of the benefit of companytinuous serv ice. Salve and Rajiv K. Garg for the petitioners. D. Upadhyaya, H.N. Admittedly, they have been appointed on daily wages between 1983 and 1986 and they have been working eversince. 100 and 1078 of 1988. The petitioners in both the writ petitions are daily rated workers working in the respondent Corporation and they are seeking relief under Art. K. Jain, Ashok Grover and S.C. Paul for the Respondent. During the pendency of these writ petitions, 16 workmen were retrenched. The Tribunal held 12 sittings, heard the companynsel, companysidered the record and submitted its report dated September 15, 1989. CIVIL ORIGINAL JURISDICTION Writ Petition Nos. Under Article 32 of Constitution of India . The respondent has filed its objections to the report. The Judgment of the Court was delivered by RAMASWAMY, J. 1.

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1989_404.txt

Thereafter the promotions were to the posts of shunter, Diesel Driver C , Diesel Driver B and Diesel Driver A in that Order. Many Firemen who were senior to the appellants on the steam side were inducted into the diesel side. Direct recruitment to the running staff on the diesel side was to be made to the lowest post of Diesel Cleaner and thereafter, promotions were to be made successively to the posts of Drivers Assistants, Shunters Diesel Drivers C , Diesel Drivers B and Diesel Drivers A . After the relaxation of minimum educational qualification, there was a large influx of staff from the steam side to the diesel side. Pursuant to these instructions the appellants all of whom were drawn from the category of Firemen Grade C who had been appointed as officiating Drivers Assistants were reverted back to the steam side as Firemen Grade C in Order to make way for Firemen Grades A and B who were appointed as Drivers Assistants on the diesel side long after the appointment of the appellants as Drivers Assistants on the diesel side. As the Diesel unit was being companystituted for the first time and as companysiderable time might elapse before Diesel Cleaners companyld be promoted as Shunters and Drivers Assistants it was decided to draft Firemen on the steam side, possessing the minimum educational qualification of matriculation, to the diesel side as Drivers Assistants after giving them the requisite training. Firemen Grade C who were of lower category than Firemen Grade B and Firemen Grade A but who happened to possess the minimum educational qualification which many of the Firemen Grades A and B did number possess were fortunate enough to be drawn into the diesel unit earlier than some of the Firemen Grades A and B who came in later as a result of the relaxation of the Rule prescribing minimum educational qualification. Those drawn from the steam side Firemen Grades A and B were number and companyld number be appointed earlier than the appellants as Drivers Assistants on the diesel side for the simple reason that at that time only matriculates were being companysidered for appointment as Drivers Assistants and these persons did number possess that minimum qualification. From the facts narrated above it is clear that the diesel side running staff was companystituted and treated as a separate unit distinct from the steam side running staff. Thereafter on August 5, 1966 applications were invited from Firemen Grades B and C who were matriculates and who were desirous of taking Diesel Drivers Assistants training. Along with the question of companyfirmation arose the question of reversion of some of the surplus staff to the steam side from where they were drawn The Railway Administration issued instructions that the junior most Firemen Grade C officiating as Diesel Driver Assistant should be reverted in Order to accommodate the senior staff. In the case of running staff, the post to which initial recruitment was to be made was that of diesel cleaner. The present appellants who were matriculates and who were employed as Firemen Grade C on the steam side submitted their applications and on passing the prescribed test and companypletion of necessary training, were appointed as Drivers Assistants on the diesel side on various dates between 1968 and 1970 on an officiating basis. Diesel cleaners were to have minimum middle school educational standard, but a proportion of the posts were proposed to be reserved for matriculates with a view to train them as skilled fitters and drivers. As dieselisation was to be introduced soon and as it was number possible to appoint cleaners straight way as drivers, it was proposed to draw upon the staff of the steam running side to operate diesel locomotives by providing suitable training to them. Subsequently on January 21, 1969 the prescription of minimum educational qualification as Matriculation was relaxed and it was said that steam staff who were otherwise companysidered suitable were number to be debarred from being appointed on the diesel side soley on the ground of educational qualification. If seniors on the steam side did number companye in earlier it was because they were barred from companying in by the requirement of a minimum educational qualification. Of companyrse, all the initial appointments were on an officiating basis, But merely because the appointments were on an officiating basis, we do number see how those who were drafted into the diesel unit earlier would lose the benefit of their companytinuous service on the diesel side merely because others who were senior to them on the steam side came in or chose to companye in at a later stage. The appellants filed Writ Petitions in the High Court of Allahabad questioning the reversion and claiming that they were entitled to be companyfirmed as Drivers Assistants on the diesel side and to all company sequential benefits. Cleaners who were matriculates and medically fit were first to be promoted as Drivers assistants after passing the prescribed suitability test. It was only as a result of the relaxation of the minimum educational qualification that they became eligible to be appointed. The question of companyfirmation of the staff inducted into the diesel side from the steam side came up for companysideration and it was decided that those employed to officiate in a regular manner, by virtue of their seniority cum suitability or position in the panel against permanent vacancies should be companysidered for companyfirmation after one years service provided they fulfilled other companyditions for companyfirmation, vide Boards letter No. Pursuant to a decision to progressively dieselise rail transport, the Railway Board, with the approval of the President, decided upon the method of recruitment, training, scales of pay and allowances of the staff employed upon diesel locomotives. Recruitment and avenues of promotion were also different. E NG 168.CN 5/2 dated August 3,1968 and letter No. These promotions were to be made by selection. E NO 169 CN 5/31 dated February 19, 1970. The period of one year was later changed to two years. The Writ Petitions were dismissed by a learned single Judge of the High Court and appeals preferred under the Letters Patent were also dismissed. That was done. The present appeals have been filed after obtaining special leave of this Court.

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1980_384.txt

It further directed the State Government to appoint Stipendiary Engineers as Assistant Engineers in the scale of Rs.2000 3500 on ad hoc basis. Since the said directions were number carried out by the Government, two of the Stipendiary Engineers filed O.J.C. Several intervention applications have been filed in these appeals including intervention application filed by the SC ST candidates who were directly recruited as Assistant Engineers in the year 2004 onwards. This petition was disposed of by the High Court by a companymon order dated 2nd July, 2002 in which the High Court numbered that the petitioners had been appointed as Assistant Engineers on ad hoc basis in the pay scale of Rs.2000 3500/ by the Water Resources Department Notification dated 11th December, 1998. Nos.6354 and 6355 of 1999 in which they companyplained about the number implementation of the directions issued by the High Court earlier and prayed for their regularisation. for a writ of mandamus directing the Government to companyply with the resolution and the order issued by it. The High Court directed the Government to take expeditious steps to implement resolution dated 12th March 1996, preferably within a period of four months. This petition was allowed by the Division Bench of the High Court of Orissa at Cuttack by an order dated 18th December 1996.

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2014_571.txt

O R D E R CIVIL APPEAL NO.3193 OF 2008 Arising out of SLP C No.4876 of 2007 Leave granted. This is an appeal at the instance of the tenant appellant against the companycurrent orders passed on an application for eviction which was filed on the ground that the respondent landlady required the suit premises for her bona fide use to start business in the same.

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2008_752.txt

The Consolidation Officer companymitted error in setting aside chak proposed by the Assistant Consolidation Officer, which was rightly reversed by the Settlement Consolidation Officer and Deputy Director, Consolidation. The Deputy Director, Consolidation affirmed the order of the Settlement Officer Consolidation. The Settlement Officer Consolidation allocated the chaks of the parties in the manner that every one was allotted the chak on the pitch road. As numbered above, the Assistant Consolidation Officer has proposed chaks to the parties which were all on the pitch road. The Settlement Consolidation Officer has allotted the chak to Ram Milan on the numberth east companyner. The Assistant Consolidation Officer has proposed the chaks to the parties in a manner so that every one gets chak on the pitch road. The Assistant Consolidation Officer proposed chaks to the appellant and the respondents opening towards pitch road in the numberth of Plot No.677. The Settlement Officer Consolidation set aside the order of Consolidation Officer in the appeal filed by the appellant. The reason for altering the chaks by the Consolidation Officer with regard to Ram Milan was fully satisfied by the Settlement Officer of Consolidation since he was allotted the chak where he was companystructing the house. In the numberthern side of Plot No.677 a pitch road was companystructed six years before start of Consolidation operation. The Assistant Consolidation Officer has number shown the chak of Ram Milan in his proposal. There was numberjustifiable reason for setting aside the order of the Settlement Officer Consolidation and Deputy Director, Consolidation. The orders of Settlement Officer Consolidation as well as Deputy Director of Consolidation are illegal and are liable to be set aside. The respondents were allotted chaks on the pitch road towards numberth, the chak of appellant was carved on the south of the plot away from the pitch road. The Settlement Officer Consolidation companycluded that it would be legal and appropriate to give chak to all the joint holders adjacent to pitch road. When in the numberthern side of the plot a pitch road was companystructed which was prior to companysolidation operation, the companyharers of Plot No.677 were entitled to get the benefit of road and when the Settlement Officer of Consolidation had carved the chaks in the manner that all the companyharers including the appellant and respondents were given the chaks on the pitch road which order was companyfirmed by the Deputy Director of Consolidation, we see numbervalid reason for the High Court to reverse the orders passed by the Deputy Director of Consolidation and the Settlement Officer Consolidation. The Consolidation Officer allowed the objection filed by the respondents under Section 21 1 by allocating chaks to the respondents on the numberthern side of the plot on the pitch road by carving the chak of the appellant on the southern side away from the pitch road. The Settlement Officer Consolidation numbered that appellant was original tenure holder of Plot No.677 and Ram Milan etc. The Consolidation Officer allowed the objection filed by the respondents. The appellant was allotted an area companyprising his pumping set and also by allocating chak part of which was on pitch road, other respondents were allotted the chak in such a manner that everyone got their chak on the pitch road. The Consolidation Officer has reversed the allotment of chaks by putting the appellant on the southern side away from the road and allocating the chaks on the pitch road in favour of the respondents which order was rightly reversed by the Settlement Officer of the Consolidation which was an equitable order by which Ram Milan who was given chak including the area where he was companystructing the house on the numbertheastern portion of the plot. Learned companynsel for the appellant submits that appellant being original tenure holder of Plot No.677 he was companyharer on the entire plot and was rightly proposed chak by the Assistant Consolidation Officer on a part of the pitch road. The area on the pitch road became valuable after companystruction of the road and the appellant companyld number have been denied his chak on the part of pitch road. The appellant was given chak on the pitch road including area where his boring and pumping set was situated. The Deputy Director, Consolidation has also inspected the spot and found that all the companyenure holders have been allotted chak adjacent to the pitch road and if the claim of the revisionist is allowed the appellant shall number get chak adjacent to pitch road which would be illegal. In the circumstances of the case, the Consolidation Officer has rightly allotted the chak to the petitioners in the numberthern side and numberinterference was required in it. There is one more reason due to which numberinterference was required in the order of the Settlement Officer Consolidation and the Deputy Director, Consolidation, i.e., the appellant and the respondents were all companyharers of Plot No.677. The Assistant Consolidation Officer prepared a provisional Consolidation Scheme proposing chaks to the appellant as well as respondents on Plot No.677 of which appellant was original tenure holder and the respondents were companyenure holders by virtue of sale deed from Bansraj. The High Court has lost sight of the fact that by amendment made by the Settlement Officer Consolidation, one of the writ petitioners, Ram Milan was allotted chak at the numberth east companyner on the Plot No.677 where his house was in existence and the appellant was given the chak also on pitch road including his boring and pumping set. The case of the objectors was that they should be proposed chaks on Plot No.677 in accordance with their possession. Ram Milan was companystructing a house on the numberth east side of the plot after obtaining permission of Settlement Officer Consolidation which companystruction was stopped on the objection of the appellant. The respondents filed belated objection under Section 21 of the Act objecting to the chaks as proposed by the Assistant Consolidation Officer. Against the order of the Settlement Officer Consolidation revision was filed by the respondents under Section 48 of the Act. The appeal was filed by the appellant before the Settlement Officer Consolidation under Section 21 2 of the Act. Ram Milan was given chak on the numberth east side where he started companystruction. The appellant was fully justified in claiming right of allotment on a portion of plot on the pitch road. Aggrieved by the order of the Deputy Director, Consolidation a writ petition was filed by the respondents. He submitted that there was numberpartition of the agricultural land in accordance with law number there was any right in the respondents to claim chak companyprising the entire area of the plot on the pitch road. The High Court by the impugned judgment dated 25.07.2013 has allowed the writ petition filed by the private respondents by setting aside the order dated 28.04.2012 of the Settlement Officer Consolidation and order dated 19.07.2012 of Deputy Director of Consolidation. They stated that Their possession is towards numberth of the plot whereas the appellant is in possession towards South of the Plot No.677. The Consolidation Officer allowed the objection of the respondents by numbericing following reasons The objectors are cultivating as per the sketch maps produced by them. In the chak of the appellant, the trees and boring and pumping set were also included to maintain the possession of the parties on the plot. From the perusal of the order of Consolidation Officer, it is proved that the house of one of the petitioners is situated in the numberthern side and boring and pumping set of respondent number3 are situated in the southern side as such severance of the possession on the spot is fully proved. The appellant was original holder of the Plot No.677/1. The House of Ram Milan is situated on the numberthern eastern companyner. The reasons as given by the High Court, as numbericed above, indicate that the High Court had numbericed that as house of one of the petitioners writ petitioners is situated in the numbertheastern side and boring and pumping set of the appellant is situated in the southern side, the High Court has justified the order of the Consolidation Officer. The brief facts necessary to be numbericed for deciding these appeals are The appellant along with his brother Bansraj were Bhumidhar of Plot No.677 of Village Bahria, District Basti. All the companyharers had right in the plot in question and holdings were number partitioned as per law. Even though parties were in possession of some portions of the plot by mutual arrangement, there was numberpartition of holding. Bansraj, brother of the appellant by sale deed dated 12.10.1989 sold his 1/2 share in favour of respondents. have also become joint holders on the basis of the sale deed. The appellant aggrieved by the judgment of the High Court of Allahabad in WritB No.55952 of 2012 has companye up in these appeals. No one appeared for the respondents. Learned Single Judge while allowing the writ petition has given the following reasons I have companysidered the arguments of the learned companynsel for the parties and examined the material available on record. ASHOK BHUSHAN, J.

train

2019_841.txt

A large part of the preference shares of Fort William Jute Co. Ltd. were transferred to three Companies by Mugneeram Bangur Co. who had to take over 8,617 preference shares in terms of the agreement. The shares of Fort William Jute Co. Ltd., were purchased by the assessee by obtaining an overdraft from a Bank. 186/ per share. 1,11,816 on the sale of 1,575 preference shares of Fort William Jute Company Ltd. 1,11,816/ suffered by the assessee on the sale of shares of Fort William Jute Company Limited was a loss that arose in its share dealing business. The total number of preference shares of Fort William Jute Company Ltd. which were acquired by the assessee from Mugnee ram Bangur Co. was 1,670. Kettlewell Bullen Co. were the managing agents of Fort William Jute Co. Ltd. On May 21, 1952 an agreement was entered into between Kettlewell Bullen Co. and Mugneeram Bungur Co. according to which the entire holdings of Kettlewell Bullen Co. in the managed companypany Fort William Jute Co. Ltd. companysisting of 6,920 tax free cumulative preference shares and 600 ordinary shares were to be sold to Mugneeram Bangur Co. or their numberinees at the agreed price of Rs. The shares in question were purchased by the assessee one day after the agreement was entered into between Kettlewell Bullen Co. and Mugneeram Bangur Co. Out of 1,670 shares taken over by the assessee from Mugneeram Bangur Co. 1,575 were sold back to the same companypany at the rate of Rs. On May 22, 1952, 1,620 shares were acquired by the assessee from Mugneeram Bangur Co. at the rate of Rs. 184/ per share. The Appellate Tribunal found that there was numberevidence that the assessee had been made a pawn in the scheme of acquisition of the managing agency of Fort William Jute Co. Ltd. by Mugneeram Bangur Co. or that the shares were acquired by the assessee to relieve the latter of the load of their shares in pursuance of that scheme. The Tribunal was further of the view that even if Mugneeram Bangur Co. had a companytrolling interest in the assessee firm by having a majority of the shares in it numbersuch inference companyld necessarily by raised that the assessee did number purchase the shares of Fort William Jute Co. Ltd. as a measure of its own activity as a dealer in shares. On December 23, 1953, 1,575 shares were sold to Mugneeram Bangur Co. at Rs. From the treatment of the loss given by the assessee in its own profit and loss account the Tribunal came to the companyclusion that the shares of Fort William Jute Co. Ltd., were acquired by the assessee as a measure of investment and number as stock in trade of the assessees share dealing business. 186/ per share and the second lot of 50 shares was purchased at Rs. 185/ per preference share and Rs. 122 per share but the shares were purchased by the assessee on May 22, 1952 at the rate of Rs. The profits and losses arising from transactions in shares in the ordinary companyrse of the assessees business have always been treated as profits or losses of the share dealing business. The Income tax Officer and the Appellate Assistant Commissioner rejected the assessees claim on the ground that the shares were purchased as a companytribution to the scheme of acquisition of the managing agency of the Fort William Jute Co. Ltd. by Mugneeram Bangur Co. or its numberinee. 186 per share from Mugneeram Bangur Co. and were sold on December 23, 1953 at the rate of Rs. It proceeded to refer to some of the proved and admitted facts which were The profits and loss account relating to the sale of shares showed that the transactions in Fort William Jute Co. shares stood apart from the other transactions. 115/ per share to the same companypany. 115/ per share resulting in a loss of Rs. For the acquisition of these shares the assessee had to overdraw on its Bank account. The preference shares of the face value of Rs. 400/ per ordinary share. These shares were acquired in one lot from Mugneeram Bangur Co. and sold back to the same companycern in one lot which was altogether unusual. The Tribunal had negatived the finding of the Income tax Officer and the Appellate Assistant Commissioner that the preference shares had been acquired by the assessee as a pawn in the scheme of transfer of the managing agency of Fort William Jute Co. Ltd. While the other transactions were of a few thousand rupees only rising to nearly 30,000 in one case the transaction in Fort William Jute Co. shares involved the payment of nearly Rs. On May 21, 1952 the agreement between Mugneeram Bangur Co. and Kettlewell Bullen Co. was entered into for purchasing the entire holding of the managing agency companypany in the managed companypany. These shares were purchased on May 22, 1952 at the rate of Rs. The Companies to which these shares were transferred were 1 Manwar Textile Agency Ltd 2 Union Co. Ltd., and 3 Star Co. Ltd. the assessee. 50 more shares were acquired on May 27, 1952 at Rs. Pursuant to .this agreement Kettlewell Bullen Co. issued a circular letter to all shareholders of Fort William Jute Co. Ltd informing them of the terms of the agreement and pointing out that Kettlewell Bullen Co. would tender resignation from the office of the managing agents with effect from July 1, 1952. The profit and loss account for the assessment year 1954 55 showed that the dealings in other shares of companyparatively much lesser value than the shares in question. The Tribunal, however, held that the shares were number acquired in the companyrse of the assessees share dealing business for the reason that in the profit and loss account for the year ending March 31, 1954 the assessee had made a distinction between its transactions as a dealer and as an investor in shares. One lot of 1,620 shares was purchased on May 22, 1952 at Rs. The loss, therefore, did number arise in the companyrse of the assessees numbermal business of dealing in shares. It was stated in this letter the purchase price of each ordinary share was Rs. The Tribunal found that while the profit on sale of shares out of its stock in trade had been shown and described as such in the profit and loss account, the loss on sale of investment had been shown in the profit and loss account as a loss in investment. The profits and losses which had been made and incurred on account of the other shares were also companyparatively of minimal nature. The shares were obviously acquired at a price which was very much higher than the market price which prevailed only a day before they were purchased by the assessee. On admitted and proved facts there can be numbermanner of doubt that the assessee did number acquire the preference shares in the ordinary companyrse of business. 186/ per share on May 22, 1952 when on the previous day the quotation in the market was Rs. The assessee claimed this as a loss arising in the ordinary companyrse of its business. At the time of the agreement, namely, May 21, 1952 the market price of the preference shares ranged between Rs. It Carries on, inter alia, business of dealing in shares and securities. 1,11,816 which was included in the loss of Rs. 1,30,152/ debited to the profit and loss account under the head loss on sale of investment. M s. Bangut Bros., were appointed as the managing agents of Fort William Jute Company for a period of ten years with effect from July 1, 1952. The assessee is a public limited companypany. 119/ and Rs. The assessee was companynected with the Bangurs only to the extent that out of its four Directors two of the Directors were Bangurs. 184/ on May 27, 1952. 100/ were purchased at Rs. 119/ between April 16, 1952 and May 21, 1952. During the assessment year 1954 55, relevant accounting period being the financial year 1953 54 the assessee suffered a loss of Rs. This is an appeal by certificate from a judgment of the Calcutta High Court answering the following question referred to it in the negative and against the assessee Whether on the facts and in the circumstances of the case, the loss of Rs. The High Court, while dealing with the question which had been referred at the instance of the assessee, was of the opinion that the Tribunal had number properly companysidered the primary facts which had been found by the Income tax Officer and the Appellate Assistant Commissioner. The background in which these transactions took place may be numbericed. Ray, R.K. Choudhury and B.P. Jagdish Swarup, Solicitor General, S.C. Manchanda, N. Sachthey and B.D. Appeal from the judgment and order dated May 7, 1965 of the Calcutta High Court in Income tax Reference No. It was, therefore, number open to the High Court to companye to the same companyclusion by number treating the finding of the Appellate Tribunal as final. 1 68 I.T.R. Maheshwari, for the appellant. 2 72 I.T.R. Sharma, for the respondent. The Judgment of the Court was delivered by Grover, J. 3,00,000. 1635 of 1968. 408. CIVIL APPELLATE JURISDICTION Civil Appeal No. 205 of 1961. 200.

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1969_84.txt

The Order then reproduces the entire companypromise deed. Parties companypromised the dispute and signed a deed of companypromise. The above amount be paid in the installments as per the terms of the companypromise. The companypromise shall form part of the decree and the companyporation shall be entitled to realize the amount of companypromise decree from the property of the defendant which is mortgaged with the companyporation and the same has been attached. The relevant terms of the companypromise deed read as follows 1. It was submitted that the companypromise deed, which had been signed by both the parties, clearly provided that interests companyld be charged on half yearly rests basis. On behalf of the Appellants Mr Jain submitted that the decree was in terms of the companypromise deed. The increased rate of interest shall be effective w.e.f. emphasis supplied Payments were number made, as companytemplated by the companypromise deed. The defendant shall pay the interest on this amount at the rate of 5 more than the current Bank interest rate which all number be less than 13 1/2 and the companyt of the suit shall be paid by the defendant. On 22nd September 1977 an Order came to be passed wherein it was recorded that the parties had companypromised and that they had filed the companypromise deed in Court. The increased rate of interest shall apply from the 1st January, 1977. The High Court has held that that the Appellants are number entitled to charge interest on half yearly rests basis. The Respondents submitted a rehabilitation scheme wherein it was shown that a sum of Rs 62.72 lakhs was to be paid to the Appellants. 12,08,806 and 83 paise only. Clause 5 of the Order, which is relevant, reads as under Therefore, the application is allowed and the suit is decreed in terms of companypromise in favour of plaintiff companyporation and against the defendant of Rs. 1,00,000/ Rupees one lakh only received on 1.4.1976 as on 5.9.1977 at Rs. passed an order directing that a sum of Rs 62.72 lakhs be paid to the Appellants so that the properties companyld be released from mortgage. more than 9 years after the execution proceedings were filed, the Respondents file an application, under Section 151 of the Civil Procedure Code objecting to the calculation of interest with half yearly rests. Rupees Twelve lakhs eight thousand eight hundred six and paisa eighty three only as per the statement of account enclosed herewith and agree to pay the said dues as follows alongwith future interest 5 above the bank rate prevailing from time to time subject to a minimum of 13 1/2 per annum or at such other rate of interest as may be decided by the Corporation for similar advances from time to time, with half yearly rests on product basis and expenses and companyt of litigation. They thus managed to effectively delay execution. 10,89,265.88. They number cannot also delay execution any longer. 12,08,806.83 ps. The executing Court overruled the objections and directed execution. 1.1.1978. The Appellants thus initiated execution proceedings on 5th February 1987. Briefly stated the facts are as follows The Appellants had sanctioned a loan to the Respondents against security of a mortgage. The Respondents filed an appeal before A.I.F.R. On 18th August, 1994 A.A.I.F.R. The Respondents do number pay the amount. As the Respondents failed to repay the loan the Appellants filed an application under Sections 31 1 a and c and 32 of the State Financial Corporation Act for recovery of a sum of Rs. As has become companymon numberadays, the Respondents filed an application under Section 22 of the Sick Industrial Companies Act, 1985. Unfortunately for the Respondents the Board directed winding up of the Respondent companypany. On 27th September, 1995 i.e. N. Variava, J This Appeal is against an order dated 13th September, 1996 passed by the High Court of Rajasthan. Hence this Appeal.

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2003_516.txt

A judgment and decree against the defendants for mandatory injunction directing the defendants to restore the possession of the B schedule property, which is marked ABCD in the annexed sketch, and there may be a decree for permanent injunction against the defendants for CDEF portion which is marked in the annexed sketch described as C schedule to the plaint and there may be a decree for the enquiry into the mesne profits with Order XVIII Rule 12 of CPC, and also there may be a decree for the companyt of the suit, with such other relief or reliefs as this Honble Court deems fit in the circumstances of the case. However, an application for leave to amend the plaint was filed which having been allowed the prayers made in the amended plaint read as under a a judgment and decree of perpetual injunction against the defendants 1 to 3 directing the defendants to restore the possession of the schedule premises to the plaintiff and number to interfere in the plaintiffs lawful possession and enjoyment of the schedule property in any manner whatsoever. It is stated that an opportunity had been granted to the respondents to adduce their evidence on four occasions namely 30th March, 2007, 5th June, 2007, 11th June, 2007 and 13th June, 2007. He filed a suit praying inter alia for the following reliefs to grant a judgment and decree of a permanent injunction restraining the first and second defendants either by themselves or through anyone on their behalf from interfering in the plaintiffs right, title and interest over and in the suit scheduled property including creating documents alienating the property to others and award companyt and grant such other relief s as deemed fit and proper under the circumstances in the interest of justice and equity. KALYANI GUPTA PUSHAP LATA SR. P.A. 1279 OF 2008 P. VEDAVYASACHAR APPELLANT VERSUS SHIVASHANKARA ANR. 5201 OF 2009 ARISING OUT OF S.L.P. An application for permission to adduce additional evidence in terms of Order XLI Rule 27 of the Code of Civil Procedure was filed inter alia on the premise that respondents had number been given opportunity to adduce said evidence by the learned trial judge. BHARDWAJ COURT MASTER SIGNED REPORTABLE JUDGMENT IS PLACED ON THE FILE. The appeal is disposed of in terms of the signed reportable judgment. However, by reason of the impugned judgment, the first appellate companyrt directed as under Under the above circumstances and particularly having regard to the appellants being number given enough opportunity by the trial companyrt to place their evidence, I am of the view that the matter requires remand to the trial companyrt for fresh disposal so far as the claim of the respondent for delivery of vacant possession of B schedule property is companycerned. The plaintiff is appellant before us. In the facts and circumstances of this case, there shall be numberorder as to companyts. The said suit was decreed. C NO. But despite the same they failed to do so. RESPONDENTS JUDGMENT B. SINHA J. IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. Leave granted. The respondents herein preferred an appeal thereagainst before the High Court.

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2009_1135.txt

Shri Bhalla was instructed to pay the amount to the Assistant Station Master when demanded by him in such a manner that the witnesses companyld overhear the companyversation and also see the Assistant Station Master taking the bribe. The numbers of the rupee numberes intended to be given as bribe to the Assistant Station Master were entered in a memorandum which was attested by witnesses. The Assistant Station Master, after some bargaining, took the bribe, and after the act of bribery was companypleted, Shri Bhalla gave the prearranged signal. He then searched the person of the Assistant Station Master and secured the articles found on him. The said rupee numberes were given to Shri Bhalla in the presence of the witnesses. The Sub Inspector then went to the Station Office and disclosed his identity to the Assistant Station Master in the presence of witnesses and asked him to produce the money taken by him as bribe. The Assistant Station Master, when questioned by the Sub Inspector, gave him his name and also produced the numberes which he had kept in his pocket. An inventory of the twenty wooden cases lying on the platform near the weighing machine as booked by the Assistant Station Master was also prepared and the same was attested by the witnesses. He also searched the person of Shri Bhalla and took from his shirt two currency numberes, which he did number give to the Assistant Station Master, as the bargain was struck at a smaller amount, and secured the same. On January 11, 1955, between 12 and 1 p. m., he companytacted the Sub Inspector of Police, Special Police Establishment, Gwalior, and gave him the following information The companypany had opened their stall in the Gwalior Mela and he Shri Bhalla had to book empty wooden cases of machine and machine parts from Gwalior Mela, to Now Delhi. When lie went to the station to enquire for booking the said cases, the Station Master demanded annas ten for each case as illegal gratification, but he did number agree to it. On August 21, 1957, the learned Special Judge made an order discharging Shri Mool Chand, the pointsman, and charging Shri Mubarak Ali, the Assistant Station Master, under s. 161 of the Indian Penal Code. The said Shri Bhalla gave the police officer a typed companyplaint signed by him and duly attested by two witnesses. 120 B and 161 of the Indian Penal Code and s. 5 2 of the Prevention of Corruption Act, 1947 2 of 1947 , had been companymitted by the Assistant Station Master, Shri Mubarak Ali, and the pointsman, Shri Mool Chand, of Golakamandir railway station. The numbers on those numberes tallied with those numbered in the memorandum. The police officer took those numberes and companynted them. Subsequently, the Assistant Station Master agreed to accept annas eight for each case and asked him to bring the wooden cases between 2 and 4 p. m. on the same day, i.e., January 11, 1955. One Shri Mohinder Nath Bhalla was the manager of Daisy Sewing Machine Co. Ltd., Bhopal. The police officer went along with the informant to his stall at Gwalior Mela and saw the twenty wooden cases twelve big and eight small ready for booking. The numbers of those numberes also tallied with the companyresponding numbers numbered in the memorandum. Thereafter, a memorandum of the articles recovered was prepared in the presence of the witnesses and was duly attested by them. Seven days thereafter, on January 21, 1955, the Sub Inspector filed an application before the Additional District Magistrate Judicial , Gwalior, asking for permission to investigate the offence under the aforesaid sections. 78 of 1957, arising out of the judgment and order dated August 21, 1957, of the Court of Special Judge at Gwalior in File No. We do number know what transpired between December 3, 1955, and the date of disposal of the objections by the Special Judge, i. e., August 21, 1957. On October 1, 1955, a charge sheet was filed before the Special Judge, Anti Corruption, Indore. The office registered it on January 14, 1955, in its register. The forwarding numbere, together with the record companyy of the R R prepared in respect of the booking of the twenty wooden cases to New Delhi, was taken possession of and another memorandum was prepared in regard to them. With the assistance of the police officer, a trap was laid. 2/57 Special Case. The record does number disclose what further steps were taken by the Sub Inspector after he obtained the said permission from the Additional District Magistrate. On the same day he sent a report of the aforesaid facts to the Special Police Establishment Office, Madhya Bharat. By the said order the learned Judge, presumably an officer different from the one who gave the adjournment in 1955, disallowed the objection of the accused on the ground that on the date when the Magistrate gave the sanction, there were many papers in companynection with a case against the accused, on observing which the Magi strate companyld have satisfied himself whether there was a prima facie case or number against the accused and that there was numberreason to believe that at the time of giving the sanction, the Magistrate did number peruse the papers. The Sub Inspector, having regard to the aforesaid facts, came to the companyclusion that the facts disclosed offences punishable under ss. It appears from the record that soon after the case was taken up for trial, the respondent filed objections questioning, inter alia, the validity of the order of the Additional District Magistrate giving permission to the Sub Inspector to make the investigation. He was also told that on his giving a signal, the police would companye on the scene. This is an appeal by special leave against the, Judgment of the High Court of Madhya Pradesh at Jabalpur directing the Special Judge, Indore, to order the Deputy Superintendent of Police to carry on the investigation afresh. On this allegation lie requested the police to take action to stop the said sort of companyruption . Appeal by special leave from the judgment and order dated November 28, 1957, of the Madhya Pradesh High Court in Criminal Revision No. The accused preferred a Revision against the said order to the High Court of Madhya Pradesh. C. Mathur and R. H. Dhebar, for the appellant. But the scope of the objections is number clear as they have number been placed before us. The Judgment of the Court was delivered by SUBBA RAO, J. The State, preferred the present appeal against the said order of the High Court. 141 of 1958. The plan was carried out in detail as agreed. The facts are simple. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. The respondent did number appear. February 3.

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1959_121.txt

The State of Bihar, according to the appellants, is levying and companylecting purchase tax on the sugarcane purchased by them both under the provisions of the Bihar Finance Act, 1981 for short the Finance Act as well as the Bihar Sugarcane Regulation of Supply Purchase Act, 1981 for short the Sugarcane Act . No.8754/93 and other companynected matters. The appellants in these appeals are engaged, inter alia, in the business of manufacturing sugar and for its production they use sugarcane as the basic raw material. SANTOSH HEGDE, J. These appeals by special leave are against the judgment and order dated 4.7.1996 passed by the High Court of Judicature at Patna in C.W.J.C.

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1999_530.txt

The Assistant Collector of Central Excise rejected the appellants application. This indicates that the Appellate Collector did number decide whether the appellants were manufacturing tapes. The appellants also claimed exemption on the ground that the tapes manufactured by them were used for captive companysumption and therefore numberduty was payable under Rules 9 and 49 of the Central Excise Rules as they then stood . This question was left open on the basis that such exemption would only be available if tapes were being cleared. The appeal before the Appellate Collector, Central Excise was rejected on 31st May, 1991. This companytention was rejected by the Assistant Collector. On 20th February, 1982 Rules 9 and 49 of the Central Excise Rules were retrospectively, amended and duty became payable even on goods companysumed captively. It was held that the appellants were manufacturing sheets and number tapes and therefore the benefit of the above mentioned Notification was number available. It was held that the tapes were used within the factory i.e. for captive companysumption and therefore duty was number leviable. 821 In exercise of the powers companyferred by Sub rule 1 of Rule 8 of the Central Excise Rules, 1944, the Central government hereby exempts articles made of plastics, all sorts, falling under sub item 2 of item No. 15A of the First Schedule to the Central Excises and Salt Act, 1944 1 of 1944 , Except rigid plastic boards, sheeting, sheets and films, whether laminated or number and flexible polyvinyl chloride sheeting, sheets films and lay flat tubings number companytaining any textile material, from the whole of the duty of excise leviable thereon Provided that a such articles are produced out of the artificial resins or plastic materials in any form falling under sub item 1 of the said item, on which the duty of excise or the additional duty under Section 2A of the Indian Tariff Act 1934 32 of 1934 , as the case may be, has already been paid or b such articles are produced out of scrap of plastics. It was held that in view of amendment of Rules 9 and 49 appellants were bound to pay duty. CEGAT has also dismissed the appeal by the impugned Judgment We are unable to accept the submission that in view of the order of the Appellate Collector dated 18th February, 1982 it was number open to the Department to raise a companytention that the appellants were manufacturing sheets and number tapes. On the question whether the appellants were entitled to the benefit of the above said Notification, it was held as follows The question of application of exemption numberification cited by the appellants would arise only if any quantity of tape is cleared as such and number otherwise. As has been set out herein above, the Appellate Collector left this question open. It is thus to be seen that the Appellate Collector specifically did number go into the question as to whether or number appellants were entitled to the benefit of the Notification. However the Appellate Collector, by an order dated 18th February, 1982, partly accepted the appellants companytention. The appellants filed their written submission and companytended that the order of the Appellate Collector dated 18th February, 1982 had become final and that therefore the appellants were entitled to refund. Briefly stated the facts are as follows The appellants applied for exemption from payment of duty under Notification No. This appeal is against an order of the Central Excise Gold Control Appellate Tribunal for short CEGAT dated 25th November, 1997. The appellants filed a refund claim on 13th April, 1982, On 1st April, 1985 a show cause numberice was issued to the appellants as to why his refund claim should number be rejected in view of the amendment of Rules 9 and 49. The said Notification, inter alia, reads as follows S.R. 68/71 C.E., dated 25th May, 1971.

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2003_1317.txt

21 of the old partnership deed in the new deed. The previous partnership deed was companysidered as the principal deed. The Income Tax Officer pointed out to the appellant firm that there was numberspecification of shares of the partners in the deed of partnership. On March 29, 1954, a new partnership was entered into and a sixth partner was taken and a new deed was executed. This deed recited that an error had crept in in typing the partnership deed dated March 29, 1954 by omitting to type el. On July 27, 1951 another partner was taken into partnership and a new deed was drawn up. This is signed by all the partners. A partnership companysisting of four persons was formed by a deed of partnership dated March 31, 1949. 40,000 as his share to the capital but in the partnership deed numberexpress provision was made as to the manner in which profits and losses were to be divided between the partners. Thereupon the appellant submitted the deed of rectification dated September 17, 1955, above mentioned and submitted that the original deed did specify the shares of the partners and the deed of rectification only clarified the position. The new partner companytributed Rs. The new partnership like the old one was to end on March 31, 1954. In order to rectify this, a deed of rectification was executed on September 17, 1955, which was after the close of the account year 1954 55. Up to the end of assessment year 1954 55 the old firms i.e., the one companystituted of four partners and the other companystituted of five partners were registered under s. 26A of the Income Tax Act hereinafter termed the Act . The appellant firm then applied for registration for the assessment year 1955 56. The assessee is the appellant and the Commissioner of Income tax is the respondent. But the registration was refused by the Income tax Officer and an appeal taken against that order to the Assistant Commissioner was dismissed. Further appeal was taken to the Income tax Appellate Tribunal which also failed. At the request of the appellant the following question was referred to the High Court for its opinion Whether the assessee firm is entitled to registration u s. 26 A of the Income tax Act for the assessment year 1955 56. The parties had therefore agreed to rectify the error by adding cl. March 13. N. Sanyal, Additional Solicitor General of India, N. Rajagopala Sastri and D. Gupta, for the respondent. 424 of 1960. V. Viswanatha Sastri, J. B. Dadachanji, Rameshwar Nath and P. L. Vohra, for the appellant. Appeal from the judgment and order dated March 25, 1958, of the Madras High Court in case Referred No. 62 of 1957. The Judgment of the Court was delivered by KAPUR, J. This is an appeal against the judgment and order of the High Court of Judicature at Madras. CIVIL APPELLATE JURISDICTION Civil Appeal No.

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1961_23.txt

Out of a panel of 38 selected persons only 22 persons were appointed. Pursuant to an advertisement issued by the appellant, respondent was selected to the post of Testing Assistant Grade II Operator . A learned single Judge of the High Court following the decision of the same Court in Shivsingh v. State of M. P., 1988 1 MPWN 24 held that in the absence of any statutory rule requiring waiting list to lapse beyond prescribed limit, the action of the appellant is arbitrary and on that basis gave a direction to companysider the case of the respondent for appointment as per law declared In the said decision. In appeal the view expressed by the learned single Judge was reiterated and the appeal stood dismissed. The respondent who remained without being appointed filed a writ petition before the High Court. The matter was carried in appeal. Hence, this appeal by special leave.

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2001_994.txt

Thereafter, as suggested by the officials of the Logotech, Dr. Ira Sinha relying upon the assurance and recommendation of the officials of the Logotech, purchased a random access fully automatic analyser model Miura 200 along with standard accessories from the Logotech in exchange of the earlier model Echo Plus on 25.07.2007. Brief facts leading to this appeal are that on 30.05.2006, Dr. Ira Sinha purchased fully automatic Biochemistry Analyser model Echo Plus along with standard accessories from M s Logotech India Private Limited hereinafter called the Logotech , of which respondent number. The machine was supposed to be fully automatic Biochemistry Analyser with free warranty maintenance for a period of three years. Though, several visits were made by the maintenance agents of the Logotech for repairing the machine, the same was number successful. The appellant is the husband of Dr. Ira Sinha. It was found out by the appellant and his wife that the Biochemistry Analyser purchased by them was number functioning properly and was showing inaccurate results due to manufacturing defect. The sale companysideration of the said machine was Rs.7 lakhs. Signature Not Verified This appeal is directed against the judgment dated 16.10.2017 Digitally signed by VISHAL ANAND Date 2018.07.11 passed by the High Court of Judicature at Patna in Criminal 163031 IST Reason Miscellaneous No. However, a maintenance of Rs.20,000/ per annum was to be paid by the purchaser after expiry of three years. 2 and 3 are Director and Technical Director respectively. MOHAN M. SHANTANAGOUDAR, J. 52088/2013 allowing the petition filed by respondent number. Leave granted.

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2018_1026.txt

Awasthi PW 5 accompanied the companyplainant and the companyplainant paid Rs.10,000/ to the appellant and she received the amount from the companyplainant and the same was transferred to the second accused Yogesh Kumar Driver. Upon receiving signal from PW 5/shadow witness, PW 6 Inspector along with raiding party arrived and recovered Rs.10,000/ from the second accused Yogesh Kumar. When companyplainant met the appellant, she demanded bribe of Rs.15,000/ for installation of meter which was subsequently reduced to Rs.10,000/ after negotiation. Hands of both the appellant and accused No.2 Yogesh Kumar turned pink, when they were put in the sodium bicarbonate solution. The appellant agreed to receive the said amount between 03.00 PM 04.00 PM on the same day at the shop of the companyplainant. Upon companypletion of investigation, charge sheet was filed against the appellant and accused Yogesh Kumar under Sections 7 and 13 2 of Prevention of Corruption Act, 1988 For short The P.C. Complainant Ravijit Singh Sethi received a phone Signature Not Verified Digitally signed by MADHU BALA Date 2019.02.28 143448 IST call from the appellant who was working as LDC in Delhi Reason Vidyut Board on 17.04.2000 at 07.30 am asking the companyplainant to meet her at her house in companynection with installation of electricity meter at his shop. Yadav PW 6 organised the pre raid proceedings. PW 5/A before ACB, based on which, FIR was registered. PW 5 shadow witness was examined who supported the case of the prosecution. Based upon the evidence of PW 5 and recovery of money from the appellant, the trial companyrt held that the demand and acceptance of illegal gratification has been established by the prosecution and companyvicted the appellant accused No.1 under Section 7 and Section 13 1 d read with Section 13 2 of the P.C. Inspector O.D. The trial companyrt also companyvicted accused No.2 under Section 12 of the P.C. As the companyplainant was number willing to pay the bribe, he made a companyplaint Ex. This appeal arises out of the judgment dated 02.04.2009 passed by the High Court of Delhi in Criminal Appeal Nos.15 and 4 of 2007 in and by which the High Court affirmed the companyviction of the appellant under Section 7 and Section 13 1 d read with Section 13 2 of the Prevention of Corruption Act, 1988 and the sentence of imprisonment imposed upon her. Act for abetment of the offence. Act and sentenced her to undergo imprisonment for two years and three years respectively and also imposed fine. S.K. BANUMATHI, J. Act .

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2019_113.txt

590/87. The relief in this writ petition squarely companyers relief No. 590/87 sought two reliefs, namely, i restora tion of the companymuted portion of the pension, and ii en hancement of pension or par with the pensioners of the Hindustan Petroleum Corporation Limited, for short HPCL. This Court accepted the companytentions of the petitioners and ordered a seizeable hike in the pension. 590/87 disposed of by a Division Bench of this Court on May 11, 1988 of which one of us Ranganath Misra, J. was a member, a hike in the pension effective from May 1, 1988 was granted. S. Gujral, Ms. Kirti Misra and B .B. 32 filed on behalf of about 450 erstwhile employees of M s. Burmah Shell retired between May 1, 1979 and December 1984, is for a mandamus or direction to the respondents to restore full pension which had been companymuted to the petitioner Nos. Sawhney for the Petitioners. During the companyrse of hearing, claim for the first relief was given up and submission was companyfined to the second relief. Admittedly, the petitioners in Writ Petition No. Mathur, Ms. Meera and S. Sukumaran for the Respondents. Consideration of the present relief had been left over for a later period. 2 to 5 and others similarly situated upon the expiry of 12 1/2 years from date of retirement in case of those retired prior to April 1985 and after 11 1/3 years to those retired prior to April 1, 1985 from their respective dates of retirement. This writ petition under Art. 1 of Writ Petition No. B. Pari, O.C. They claim that though in their previous Writ Petition No. The order passed by this Court is as recent as May 11, 1988. 215 of 1989. CIVIL ORIGINAL JURISDICTION Writ Petition No. Under Article 32 of the Constitution of India. The Judgment of the Court was delivered by RAMASWAMY, J.

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1990_117.txt

The second Respondent was engaged as a TV Assistant News Correspondent on companytract on 12 August 1988. 2 The First Respondent was engaged as a TV News Correspondent on companytract for a period of five years on 6 August 1988. The High Court rejected a challenge to an order of the Central Administrative Tribunal1 directing the appellants to provide to the Respondents all benefits of service and to companysider their cases for promotions in accordance with the Indian Broadcasting Programme Service Rules 1990.2 Signature Not Verified Digitally signed by SUBHASH CHANDER Date 2018.09.26 160110 IST Reason 1 The Tribunal 2 The Indian Broadcasting Programme Service Rules 1990 are referred to in this judgment as the Rules. The Rules came into effect on 5 November 1990. Dr Dhananjaya Y Chandrachud, J 1 The appeals arise from a judgment of the High Court of Andhra Pradesh dated 20 March 2014.

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2018_459.txt

Factories Safety Officers Rules, 1984 for short the Rules . Rule 23.3 provides for suspension pending enquiry. Rule 23.3.2 provides that an employee under suspension shall be entitled to subsistence allowance. Status The Chief Safety Officer or the Safety Officer in the case of factories where only one Safety Officer is required to be appointed shall be given the status of a departmental head or a senior executive in the factory and he shall work directly under companytrol of the Chief Executive of the factory. The Appellant was employed by the Respondent herein as a Safety Officer. Suspension is of three kinds. The Enquiry Officer while holding the Appellant guilty of misconduct in respect of Charge No. An order of suspension may be passed by way of punishment in terms of the companyduct rules. The order of suspension was number passed as a measure of penalty within the meaning of the Rules. Every other Safety Officer shall be given appropriate status companyresponding the status of an officer holding a position next below other departmental heads in the factory Punishment The occupier of the factory may impose upon any Safety Officer any one or more of the following penalties, namely suspension removal or dismissal from service reduction in rank withholding of increment including stoppage of an efficiency bar censure and warning Provided that numberorder imposing any such penalty on a Safety Officer shall be made except after an enquiry in which he has been informed of charges against him and given a reasonable opportunity of being heard in respect of such charges and where it is proposed, after such enquiry, to impose on him any such penalty until he has been given a reasonable opportunity of making representation against the penalty proposed, but only on the basis of the evidence adduced or any other material being used against him during such enquiry. On an allegation that he had companymitted acts of misconduct, he was placed under suspension. An order of suspension can also be passed, if such a provision exist in the rule laying down that in place of the full salary, the delinquent officer shall be paid only the subsistence allowance specified therein. He preferred an appeal before the Labour Commissioner in terms of Rule 14 of the U.P. Rules 4, 5 and 8 of the Rules which are relevant for our purpose read as under Pay, allowances and other benefits The scale of pay, allowances and other benefits such as Leave, Provident Fund, Bonus, Gratuity, Medical facilities, Residence, etc., to be granted to the Safety Officer and other companyditions of their service shall be the same as those of other officers of companyresponding status in the factory. Had the action of the Management and the disciplinary authority were actuated by malice, the Appellant would number have been exonerated on two very serious charges. Rule 23 provides for discipline and appeal regulations and disciplinary action procedure. It is true that in terms of sub rule 3 of Rule 14 of the Rules an appeal was maintainable before the State Government. The terms and companyditions of his services indisputably were governed by the Rules framed in terms of Section 40 B of the Factories Act, 1948. On 18.05.1996 at about 4.00 P.M. when you were questioned by MHR in presence of PMR regarding the above, you got agitated during the prima facie enquiry and abused MHR in filthy language and said that all these things were being done at the behest of Mr. Kaul, GTM. You also threatened MHR with dire companysequences. Regulation 23.1.6 reads, thus 23.1 MISCONDUCT Without prejudice to the generality of the term Misconduct the following acts of omission and companymission shall be treated as Misconduct 23.1.6 Drunkenness, riotous or disorderly or indecent behaviour in the premises of the Company or outside the premises, where there is a nexus between employment and such companymission and or where such behaviour is likely to affect the image of the Company. In the departmental proceedings, the Appellant, herein did number deny or dispute that he had used indecent language and also abused the officer. The Labor Commissioner by reason of an order dated 12th April, 1998 allowed the appeal preferred by the Appellant, herein against the order of suspension dated 20th May, 1996. From the order dated 12th April, 1998 passed by the Labour Commissioner, it appears, he allowed the appeal preferred by the Appellant, herein inter alia on the ground Dismissal from service during the pendency of Appeal against suspension of the petitioner appellant is against the set rulings numberms, which indicates the malafide intention of the management against petitioner appellant Vide letter dated 29.10.1997 of the General Technical Manager of the factory informed the petitioner appellant that all the charges against him found proved, but numberfurther disciplinary action will be taken during the pendency of writ petition against suspension in the Honble High Court but vide letter 08.01.1998, the Director Personal and occupier Sh. The companytention of Mr. Desai that the disciplinary proceedings were actuated by malice cannot be accepted for more than one reason. Evidently, the disciplinary authority was number biased against the Appellant number any malice has been attributed to him. A writ petition was filed by him which was disposed of directing that the appeal preferred by him against the order of suspension be disposed of by the Labour Commissioner within the period specified therein. The Appellant was appointed as a welfare officer. It is also number in dispute that the Respondent, herein had framed HMT Limited Conduct, Discipline Appeal Rules which came into force on and from 27.6.1988. The Appellant herein admittedly obtained the subsistence allowance offered to him without any demur whatsoever. As numbericed hereinbefore, the Appellant himself accepted that he was in tense mood while attending the prima facie enquiry. Indisputably, the Appellant herein was chargesheeted on 20th May, 1996 on the following charges You have file a writ petition No. 2 exonerated him in respect of Charges No. On companypletion of enquiry, a show cause numberice was issued to him on 8.01.1998 as to why punishment of dismissal be number awarded. Furthermore, when a charge has been proved, the question of exonerating the Appellant on the ground of purported malice on the part of the Management does number arise. In the meanwhile, the Labour Commissioner issued numberice to the Respondent directing it to appear on 2.4.1998. In the meanwhile, upon companysidering the show cause filed by the Appellant, herein, he was dismissed from service by an order dated 21.02.1998. R.A Sharma informed the petitioner appellant about proving only one charge seeking defence clarification about so called show cause numberice and vide letter 21.02.1998, dismissing the service of the petitioner appellant due to unsatisfactory defence, found against each others verdict and malafidely included No evidence has been produced against petitioner appellant against the charge for which he has been dismissed from services. The Enquiry Officer came to the companyclusion that both the Management and the witnesses companyroborated each others statements and although they had been cross examined thoroughly, numbercontradiction was found in their statements in regard to the said charge. 10684 of 1996 in the Honble High Court at Allahabad against Labour Secretary, U.P., other Government Officials and HMT in which you have filed an affidavit on oath on 28.02.1996 at 10.30 A.M. in front of Oath Commissioner, Allahabad and on this date number only card is punched showing you to be present in the factory but you have also marked yourself present in the attendance register maintained by you. On perusal of your records, it also appears that you pursued a full time companyrse in Post Diploma in Industrial Safety in 1985 86 from Regional Labour Institute, Kanpur and showed the same period in your experience with Indian Telephone Industries Limited, Raebareli, at the time of filling in your application from the employment. A prayer for adjournment made by the Respondent herein that the matter be posted after 15.4.1998 as the officers were busy in relation to closing of financial year, was refused. Civil No.22516 of 2004 B. SINHA, J . 9.4.1998 was the date fixed for hearing of the parties which was a holiday. Being aggrieved by and dissatisfied therewith the Respondent filed a writ petition before the Uttaranchal High Court which by reason of the impugned judgment and order has been allowed. The memo of appeal was also number furnished to the Respondent. The companytention is rejected. Arising out of S.L.P. Leave granted. 1 and 3.

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2006_15.txt

a and al were settled raiyats of the village 3 the thika patta in favour of the bhikhanpur kothi was a lease 4 the kothi had the authority to induct raiyats on the village and 5 the tenants held the plots as raiyats and they acquired occupancy rights under sec. the term of the thika patta ex. exhibit 4 was executed by abdul karim in favour of the bhikhanpur kothi on july 15 1912. it was styled a thika patta. 4 expired in 1359 fasli. 4 had numberauthority to induct raiyats 2 that assuming that ex. a and al dated april 25 1940 and may 23 1944 the bhikhanpur kothi settled plots number. it appears that on the same day abdul karim took loans from the bhikhanpur kothi and two ladies on executing two separate bonds. 1 and 13 to 18. the judgment of the companyrt was delivered by bachawat j. on july 15 1912 abdul karim the predecessor in interest of the plaintiff executed in favour of the proprietors of an indigo companycern companylectively knumbern as the bhikhanpur kothi a thika patta ex. 4 in respect of village khanjadpur for a term of 40 years from 1320 to 1359 fasli corresponding to 1913 to 1952. by two patta katkenas exs. 4 was a lease the lessee had numberauthority to settle raiyats having occupancy rights enuring after the expiry of the lease. it provided that the kothi would remain in possession of khanjad 8 sup. 183 and 184 in village khanjadpur with the predecessors in interest of the contesting defendants. out of this jama the kothi was to pay annually government revenue and cess amounting to rs. ci/68 8 pur village for a term of 40 years from 1320 to 1359 fasli on payment of a fixed annual jama of rs. 183 and 184 were bakasht and number zeriat lands 2 the tenants under ex. the first settlement was for five years from 1347 to 1351 fasli. the second settlement was for five years from 1352 to 1356 fasli. in this companyrt mr. sarjoo prasad companytended 1 that ex. 183 and 184. the plaintiff filed an appeal in the high companyrt of patna. 4 was a mortgage and number a lease and the mortgagee under ex. on these findings the trial companyrt disallowed the plaintiffs claim for recovery of possession of plots number. the trial companyrt found that 1 plots number. before the high companyrt the plaintiff did number dispute the companyrectness of the first two findings of the trial companyrt. 6203/4/ . 1203/4/ . thereafter on april 24 1953 the plaintiff instituted the suit for recovery of possession of the plots. the plaintiff has number filed this appeal after obtaining special leave from this companyrt. yogeshwar prasad and hardev singh for respondents number. civil appellate jurisdiction civil appeal number 394 of 1965. appeal by special leave from the judgment and decree dated december 22 1961 of the patna high companyrt in appeal from original decree number 277 of 1956. sarjoo prasad and d. goburdhun. the high companyrt agreed with the other findings and dismissed the appeal. 21 of the bihar tenancy act. he also asked for certain other reliefs with which we are number companycerned in this appeal. for the appellant.

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1968_383.txt

The educational qualification prescribed for the post included passing of intermediate examination companyducted by the A.P. The Principal District and Sessions Judge had issued Notification dated 4.12.2009 inviting applications for 17 posts of Junior Assistants. In this manner the official respondent short listed the application enhancing the minimum qualification to degree and even after short listing more than 3,800 candidates appeared for written examination. The appellants as well as the respondent and her sister fulfilled these qualifications. 9437 of 2010 filed by the Respondent herein and quashing the recruitment of the appellants herein to the post of Junior Assistants in the Unit of District and Sessions Judge, Adilabad under category IV of the A.P. The matter relates to the appointment to the post of Junior Assistants in the office of District and Sessions Judge, Adilabad, Andhra Pradesh. The Respondent and her sister got excluded in this short listing process. 9437 of 2010 praying for issuance of a writ order or directions, more particularly one in the nature of Writ of Mandamus, declaring action of the authorities in prescribing degree qualification as against the prescribed intermediate qualification shown in the Notification dated 4.12.2009 as illegal, arbitrary and violative of Article 21 of the Constitution of India. State Board of intermediate examination or any equivalent examination. However, since the authorities had received large number of applications, the District Judge decided to raise the bench mark for short listing the candidates and only those candidates having degree qualification were sent letters for participating in the selection process. This Writ Petition, after companytest, has been allowed by the High Court vide impugned judgment dated 25.10.2010 holding that the selection procedure and recruitment process followed by the District Judge for recruitment to the 17 posts of Junior Assistants is unsustainable and the orders appointing the appellants to the said post has been quashed. 8923 of 2010 in the High Court of Andhra Pradesh. Interim orders were passed in this Writ Petition to the effect that any appointment made to the post of Junior Assistants shall be subject to the result of the Writ Petition. However when the petition was taken up on 20.10.2010 the Court found that the examination for the said post had already been companyducted on 18.4.2010. Judicial Ministerial Service Rules 2003 pursuant to the Notification dated 4.12.2009 bearing Reference No. As per the official respondents even in the numberification dated 4.12.2009 vide which applications for the aforesaid post were invited it was categorically provided in Clause XI thereof as under Mere applying will number give any right to any person to be called for either written examination and interview as the application of the candidates will be short listed as per guidelines issued by Honble High Court from time to time Taking shelter of the aforesaid provisions the authorities tried to justify their action to numberify only those candidates who had higher qualification i.e. Challenging their exclusion both the respondent and her sister filed the Writ Petition No. All the appellants herein also applied for the said post. The respondent herein as well as her sister V. Buelah were also the applicants. 2318/96 C1 1 dated 1.7.1996, Clause 7 E whereof reads as under 7 E The Selection Committee shall screen all the applications from the list A to C and shortlist the same, keeping in view that number more than 25 candidates will be companysidered for each vacancy. The appellants have filed the present petition under Article 136 of the Constitution of India for Special Leave to Appeal against the final judgment and order of the High Court of Andhra Pradesh at Hyderabad dated 25.10.2010 allowing Writ Petition C No. This was in companypliance with the directions given by the High Court of Andhra Pradesh. 6184 of 2009. Thereafter, the respondent filed Writ Petition No. Since the appellants were in service when their recruitment was quashed, along with Special Leave Petition the appellants had also filed I.A. While issuing numberice in the Special Leave Petition on 16.12.2010 this Court had granted interim stay as prayed for. Thus, vide orders dated 20.4.2010 a Division Bench of the High Court dismissed the Writ Petition with liberty to the respondents to take appropriate action in accordance with law. However, this explanation given by the official respondents, did number companyvince the High Court. praying for stay of the impugned judgment of the High Court. As a companysequence, the appellants companytinue in the employment. Notice was issued. The Counsel for the appellant was heard at length. who were graduates. K. SIKRI, J. Leave granted.

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2013_649.txt

further that obligation of the state of madhya bharat devolved on the government of india by cl. vi of the companyenant the liabilities of the companyenanting states devolved on the united state of gwalior indore malwa madhva bharat . on january 26 1950 the companystitution of india came into force and the united state of gwalior indore malwa became the part b state of madhya bharat. 16 of the concessions orders for companycessions regarding income tax and super tax. it was number repealed either by the extension of the income tax act to the state of madhya bharat from april 1 1950 or by s. 13 of the finance act 1950 which applied to the state of madhya bharat from the same date. 295 1 on january 26 1950. on april 1 1950 the indian income tax act was extended to the part b state of madhya bharat. on july 19 1948 the state of madhya bharat acceded to the dominion of india. meanwhile on december 13 1948 the united state of gwalior indore malwa madhya bharat regulation of government act number i of 1948 was passed. in pursuance of this power the central government issued the part b states taxation companycessions order 1950 here inafter referred to as the companycessions order which fixed reduced rates of income tax and super tax for part b states. on numberember 24 1949 the raj pramukh of madhya bharat issued a proclamation accepting the provisions of the companystitution of india to be framed for the state of madhya bharat also. in this companynection reliance was placed on the agreement between the president of india and the state of madhya bharat dated february 25 1950 to show that there could be numberintention to repeal this special law merely by the extension of the income tax act to the state of madhya bharat or by s. 13 of the finance act. from the same date the finance act number xxv of 1950 also became applicable to the part b state of madhya bharat by which incometax became chargeable as provided therein on any income accruing or arising in madhya bharat which by then had become part of india. in the alternative it was submitted that if the order of january 18 1947 did number have the force of law the agreement of april 7 1947 between the ruler of gwalior and the company pany created an obligation which was binding on the former state of gwalior. in numberember 1951 the companypany was informed that the government of india had decided to exempt it from income tax and super tax for the assessment years 1950 51 to 1954 55 in respect of the weaving section. thirdly reliance was placed on the agreement between the president of india and the state of madhya bharat dated february 25 1950 under art. in that process the rulers of gwalior indore and certain other states in what was knumbern as central india entered into a companyenant for the formation of the united state of gwalior indore and malwa also knumbern as madhya bharat in april 1948. article vi of that companyenant provided that the ruler of each companyenanting state shall as soon as may be practicable and in any event number later than the first day of july 1948 make over the administration of his state to the raj pramukh and thereupon 1 all rights authority and jurisdiction belonging to the ruler which appertain or are incidental to the government of the companyenanting state shall vest in the united state 2 all duties and obligations of the ruler pertaining or incidental to the government of the covenanting state shall devolve on the united state and shall be discharged by it 3 all the assets and liabilities of the companyenanting state shall be the assets and liabilities of the united state and 4 the military forces if any of the companyenanting state shall be the military forces of the united state. the obligation thus being a companystitutional obligation was number and companyld number be affected by the extension of the income tax act to the part b state of madhya bharat read with the finance act 1950 and companyld only be got rid of by an amendment of the companystitution as cl. the high companyrt of madhya pradesh accepted the petition of the companypany and a direction was issued restraining the union of india and its officers from making any assessment under the income tax act and levying or companylecting income tax or super tax in contravention of the exemption given by the agreement dated april 7. further the proceedings taken by the income tax authorities in companytravention of the said exemption were quashed. it was continued by the state of madhya bharat by act number 1 of 1948 and it companytinued after the companystitution came into force by virtue of art. it was also pointed out that numberincome tax was leviable in that state at that time and that exemption from incometax for period of fifteen years would lead to the establishment of the industries which thereafter would yield income in the shape of taxes to the state. as the companytention of the companypany was that it was entitled to exemption in accordance with the agreement of april 7 1947 companysequent on the order of the ruler of gwalior dated january 18 1947 it filed a suit on numberember 23 1956 against the union of india for a declaration that under the order dated january 18 1947 and the agreement l p d isci 30 following thereon the companypany was entitled to exemption from income tax and super tax and for other reliefs in the alternative. in october 1946 messrs. birla brothers limited gwalior wrote to the government of gwalior that they intended to establish at some suitable place in gwalior a kind of industrial centre in which they intended to set up certain industries provided certain facilities were granted to them by the government of gwalior. the secretariat numbering shows that the decision to establish industries in gwalior was largely to be influenced by the decision of the gwalior government as to the facilities asked for. clause 16 of that order is material for our purpose and was in these terms concession to industrial undertakings 1 where any industrial undertaking situated in any state claims that it has been granted any exemption from or companycession in respect of income tax or super tax by the ruler of an indian state and was enjoying such exemption or companycession immediately before the appointed day it shall submit an application to the companymissioner of income tax giving the following particulars name of the industrial undertaking. further in order to overcome difficulties which might arise on the application of the indian income tax act 1922 to part b states and other areas which became merged with india s. 60 a was introduced in the income tax act in the following terms power to make exemption etc. on this letter being received the matter was processed in the secretariat of the former state of gwalior. exemption from any form of taxation on the income for a period of 12 years from the date of starting of the factories is granted. that obligation companytinued to be binding on the state of madhya bharat as it was before the companystitu tion came into force by virtue of act number 1 of 1948 read with art. in december 1950 the companypany applied under cl. this was subject to any agreement entered into in that behalf by the government of india with the government of the state companycerned. the respondent the gwalior rayon silk manufacturing weaving companypany limited hereinafter referred to as the companypany is registered under the indian companypanies act. further s. 13 to the finance act 1950 provided that if immediately before the 1st day of april 1950 there is in force in any part b state other than jammu and kashmir or in manipur tripura or vindhya pradesh or in the merged territory of companych behar any law relating to income tax or super tax or tax on profits of business that law shall cease to have effect except for the purposes of the levy assessment and companylection of income tax and super tax in respect of any period number included in the previous year for the purposes of assessment under the indian income tax act 1922 for the year ending on the 31st day of march 1951 or for any subsequent year or as the case may be the levy assessment and companylection of the tax on profits of business l p d isci 29 for any chargeable accounting period ending on or before the 31st day of march 1949. the effect of this provision was to repeal all laws relating to income tax in its broadest sense prevailing in those parts of india to which the indian income tax act was extended from april 1 1950. in the meantime however agreements were entered into by the government of india with part b states in accordance with the recommendation of the indian states finances en quiry companymittee 1948 49 hereinafter referred to as the enquiry companymittee. having the force of law in the said state shall companytinue to remain in force until repealed or amended under the provisions of the next succeeding section and shall be companystrued as if references in them to the ruler or government of the state were references to the raj pramukh or the government of the united state respectively. later however the period of exemption from taxation on income was reduced from fifteen to twelve years and it was recommended that this might be granted in order to attract the establishment of industries in the state. period for which companycessions granted. 1 would apply to such state as they applied in relation to a covenanting state. the agreement with the state of madhya bharat provided that the recommendations of the said company mittee companytained in part 1 of its report read with chapters 1 11 iii of part 11 of its report insofar as they apply to the state of madhya bharat together with the recommendations contained in chapter ix of part 11 of its report were accepted by the parties subject to certain modifications and this agreement was in force for a period of ten years. 226 of the companystitution on september 11 1957 in which also it claimed that by virtue of the order of the ruler of gwalior dated january 18 1947 and the agreement following thereon it was entitled to exemption from incometax and super tax for a period of 12 years from june 1949 with respect to the weaving section and for a period of 12 years from february 1954 with respect to the staple fibre section of the companypany and for other consequential reliefs in the alternative. section 4 of that act provided that when the administration of any companyenant ing state has been taken over by the raj pramukh or when any state has merged in the united state as aforesaid all laws ordinances acts rules regulations etc. in relation to merged territories or to any part b state or to chandernagore if the central government considers it necessary or expedient so to do for avoiding any hardship or anumberaly or removing any difficulty that may arise as a result of the extension of this act to the merged territories or to any part b state the central government may by general or special order make an exemption reduction in rate or other modification in respect of income tax in favour of any class of income or in regard to the whole or any part of the income of any person or class of persons. it was pointed out that the main question that required companysideration was with respect to exemption from any form of taxation on income for a period of fifteen years. the companypany wanted exemption for the full period of twelve years as pro vided in the agreement of 1947 but was asked to apply later and eventually the central government granted exemption to the weaving section for anumberher five years from 1955 56 to 1959 60. the companypanys request for exemption of the staple fibre section which began working in april 1954 was rejected by the government of india. in the meantime assessment proceedings had been initiated by the income tax officer a ward gwalior against the companypany and assessment orders were passed in march 1955 march 1956 and march 1957 with reference to the weaving section for the assessment years 1950 51 1951 52 and 1952 53. the companypany appealed to the assistant appellate companymisssioner against these orders. the substance of this order was companymunicated to messrs. birla brothers limited and eventually an agreement was entered into on april 7 1947 between the government of gwalior and messrs. birla brothers limited which stated that in accordance with the orders of the ruler dated january 18 1947 it was hereby agreed to grant and accord the facilities privileges companycessions and benefits hereinafter mentioned to the said companypany. it may be added that the staple fibre section of the companypany started actual working on or about february 18 1954. that is how the companypany came to be established and started working in what was the former gwalior state in pursuance of the agreement of april 7 1949. before however the companypany actually started working even the weaving section for manufacturing cloth from artificial silk yarn certain companystitutional changes took place in india to which it is number necessary to refer. 295 l when the constitution came into force all rights liabilities and obligations of the government of any indian state corresponding to a state specified in part b of the first schedule became the rights liabilities and obligations of the government of india if the purposes for which such rights were acquired or liabilities or obligations were incurred before such companymencement would thereafter be purposes of the government of india relating to any of the matters enumerated in the union list. for starting the industries mentioned in the agreement 2 making of arrangements for the supply of adequate and sufficient quantities of suitable water whatever available for the above mentioned industries on most companycessional and suitable terms 3 granting of exemption to the above mentioned industries and or any companycern or companycerns promoted or started or to be hereinafter promoted or started for the establishment and starting of all or any of the above mentioned industries from the payment of all taxes and or duties in any form or nature whatsoever on their incomes prolits gains or busi ness levied or to be hereinafter levied in the gwalior state or any part thereof for a period of twelve years reckoned from the date on which the factory or factories of the abovementioned industries has or have started working or starts or start working. the companypany companytended that by virtue of this act read with art. clause 2 of this article also provided that where in pursuance of any agreement of merger the administration of any other state was made over to the raj pramukh the provisions of cl. 295 1 of the companystitution. unexpired period of the companycessions after the appointed day. b of art. on august 15 1947 india became a dominion and the process of mergers which eventually resulted in the emergence of the republic of india and its companystitution on january 26 1950 began. the facilities for which they made the request were i free adequate land at a suitable site ii free processing water if obtainable from a river and at a specially companycessional rate if obtainable from a dam and exemption from any form of taxation on income for a period of fifteen years from the date of the starting of the factories. vi of the companyenant. it was therefore proposed by the secretariat that the companycessions asked for might be granted. in companysequence of this agreement the companypany was a started and actual production began sometime in june 1949 so far as the weaving section for manufacturing cloth from artificial silk yarn was companycerned. it is necessary to set out how the companypany came to be established in order to understand the case put forward by the companypany. while this suit was pending the companypany filed a petition under art. the matter was eventually put up before the ruler on january 18 1947 and he passed the following order the guzarish of the minister for industries commerce and companymunications dated 15 11 1946 is sanctioned. the secretariat also numbered that numberpositive scheme regarding the proposed industrial centre had been submitted but that only tentative proposals were made to ascertain if the state was willing to grant the companycessions asked for. 295 1 made it into a companystitutional obligation which companyld number be affected even by law. every such application shall be accompanied by the orders in original of the indian state granting the companycession together with a certified companyy of the order. 228 of the companystitution. this suit was transferred in 1958 to the high court on the application of the companypany under art. these facilities privileges companycessions and benefits in the agreement were three namely 1 provision for sufficient and adequate land or lands absolutely free of any companyt revenue or cess whatsoever for the companystruction and erection of factory etc. the companymissioner shall. in the first place it was urged that the order dated january 18 1947 was a special law. further it was companytended that under cl. nature of the companycession granted. three main companytentions were raised on behalf of the companypany in the high companyrt. 934935 of 1963. appeals from the judgment and orders dated august 12 1960 and april 30 1960 of the madhya pradesh high companyrt in civil suit number 1 of 1958 and misc. april 28 1964. the judgment of the companyrt was delivered by wanchoo j. these two appeals on certificates granted by the madhya pradesh high companyrt raise companymon questions of law and will be dealt with together. the other two concessions he has asked for should be given and attempt should be made to establish and start these factories as early as possible. after obtaining such other information as he may require forward the application to the central government which having regard to all the circumstances of the case may grant such relief if any as it thinks appropriate. date of companymencement of the business. nature of the business. petition number 101 of 1958 respectively. in view of this decision on the writ petition the high companyrt decreed the suit in the same terms. c. setalvad k. a. chitale m. k. nambyar. status ie. k. daphtary attorney general r. ganapathy iyer and r. dhebar for the appellants in both the appeals . whether public or private company firm individual or hindu undivided family . rameshwar nath and s. n. andley for the respondents in both the appeals . civil appellate jurisdiction civil appeals number.

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1964_114.txt

200/ per gunth to which the tenants. 200/ per gunth. The evidence of the villager P.W. proceeded to the village Balichandrapur and made all possible efforts to persuade the tenants to accept companypensation even by holding out promises to them. The evidence of P.W. 200/ per gunth, they would part with their lands. 7 as Executive Engineer had clearly mentioned that he along with the appellant had visited the site at Balichandrapur and persuaded the tenants to accept the money by enhancing the amount to Rs. 200/ . Even if this letter be excluded from companysideration, the other evidence both oral and docu mentary clearly show that the appellant had visited the spot in village Balichandrapur on January 20, 1965 with a view to distribute the companypensation money and did make an attempt to persuade the tenants to accept the companypensation but they refused to accept the same unless the companypensation was raised to Rs. 6 Udayanath Parida who is an independent wit ness also proves that the accused had taken the money to the village and made efforts to persuade the tenants to accept the money. 1 P.W. In these circumstances, he had numberreason to make a false statement that the accused had visited the village and persuaded the tenants to accept the companypensation. 150/ per gunth he was willing to pay them cash at the spot. 2 was the Assistant Nazir under P.W. Sayad Allamuddian Ahmed P.W. To begin with, P.W. W. 6 Udaynath Parida who is a villager of Balichandra pur has categorically supported the statement of P.W. Unfortunately, however, the villagers refused to accept the companypensation and the party had to companye back to Cuttack disappointed. January 20, 1965, as also in the office report there is numberclear mention that the appellant tried to persuade the tenants to accept the money or that he had taken the money with him to the spot. 200/ per gunth and companyld number pay them off hand, but if the parties wanted payment at the rate of Rs. These omissions companysisted of the facts that there is numbermention about the previous visit to Balichandrapur or that he had stated that while he was returning to Cuttuck he remained sitting in the car and the accused asked P.W. 7 that the accused had agreed to pay companypensation at the rate of Rs. It was also the definite case of the appellant that in the meeting held in the secretariat on September 25, 1964, the appellant was expressly directed to proceed to the spot and persuade the villagers to accept the companypensation money and it was in companysequence of this mandate from the Secretary of works Department that the A.D.M. In fact the evidence of these two witnesses on this point follows as a logical companyollary from the decision taken at the meeting held by the Secretary, Works Depart ment, where the appellant was directed to visit the spot and persuade the tenants to accept companypensation. In this letter which is addressed to the Assistant Engineer, Road, Office of the Chief Engineer, Bhubaneswar, P.W. 11,650 61 but numberdisbursement companyld be made between July 24, 1964 and January 20, 1965 as the villagers refused to accept the payments and wanted the Land Acquisition proceedings to be withdrawn. B a letter written by P.W. The villagers wanted some other alignment to be made or the companypensatioion to be increased, and the appellant persuaded them to accept part payment and assured them that he will try to get the amount increased. 8 was the District Land Acquisition Officer and one A. Ballav Pradhan W. 9 was the Nizarat Officer, whereas Prahalad Mahapatra W. 1 was the Nazir and Rajkishore Das P.W. 7 who was an Executive Engineer at the relevant. It has, however, number been elicited from him in cross examination number has it been argued that the witness had told the Investigating Officer that the accused had number met or had number talked at all with the ten ants in his presence in order to persuade them to accept the companypensation. A huge companypensation amount to be given to land owners had been deposited in the treasury for payment to them. It appears that a number of lands had been acquired by the Government for certain public projects in various villages particularly Mauza Balichandrapur with which we are companycerned in the present case. 10,000/ to the Nazir on his return from the village but directed him number to deposit the same in the treasury or to make any entry in the Cash Register so that if the villagers came to Cuttuck to demand the money they companyld be given the same immediately without any formality of a fresh withdrawal. The accused stated that he did number have sanction for payment of Rs. 3 Bhakta Charan Mohanti was the Land Acquisition Inspector. Put briefly, the prosecution case was as follows The appellant was the Additional District Magistrate, Cuttack from September 1964 to June 1966 and in that capaci ty he was in overall charge of the Nizarat and land acquisition sections of the Collectorate. Bhandare, for the Appellant. 7 Executive Engineer dated July 6, 1966, a companyy of which was sent to the appellant and other officers. 31,793.85 had been disbursed by July 24, 1964 leaving a balance of Rs. The prosecution case further is that the appellant as Addi tional District Magistrate attended a meeting at the Secre tariat in the office of the Secretary of Works Department at Bhubaneswar on September 25, 1964 where certain decisions were taken. The accused said that they would be paid Rs. The parties stated that if they were paid companypen sation at the rate of Rs. On this point also oral and documen tary evidence led by the prosecution clearly proves the version given by the appellant. As against this the prosecution relied merely on the fact that in the tour diary of the accused Ext. In this companynection the witness deposed as follows The accused thereafter enquired from the parties as to on what terms they were willing to give up possession of their lands which had already been selected for acquisition. These documents undoubtedly companytain the statement regarding the visit of the appellant to the spot and some other matters. This was an official letter and we do number see any reason why such a high officer as the Executive Engineer should have gone to the extent of fabricating an unnecessary letter to help the appellant against whom an inquiry had been ordered. Gobind Das, Mrs. Sunanda Bhandare, ,A. K. Mathur, A. Sharma and M.S. On receiving certain applications, the Vigi lance Organisation of the State of Orissa instituted an inquiry against the appellant and after companypleting the same lodged a formal F.I.R. 7 is fully company roborated by Ext. The appellant further averred that because of some personal jealousies, a false companyplaint was made against him which necessitated an inquiry. 14/70. The appellant thereafter was challaned under various sections of the Prevention of Corruption Act and ultimately companyvicted as indicated above. There is also numberhing to show that he was in any way interested in the accused or was his great friend and supporter. This witness was also declared hostile and that too number because he had number made the statement referred to above before the police, but because of certain minor omissions in his statement before the police. In this appeal by special leave, the appellant has been companyvicted for criminal misconduct under s.5 2 read with S.5 1 c of the Prevention of Corruption Act, 1947 and sentenced to rigorous imprisonment for three years. It appears that a sum of Rs. He has also been companyvicted under s. 5 1 d of the Prevention of Corruption Act but numberseparate sentence has been passed thereunder. The appellant preferred an .appeal to the High Court of Orissa against the order of the Special Judge which was, however, dismissed, and the companyvic tions and sentences imposed on him were companyfirmed by the High Court. when that rate would be sanctioned and he was going to write about it. on May 13, 1966. Thereafter an application for leave to appeal to this Court was made before the High Court, which having been refused the appellant obtained special leave from this Court, and hence this appeal. 8 of the even date, viz. The parties did number agree. Chatterjee, for the Respondent. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. C. Agarwal and G.S. Appeal by Special Leave from the Judgment and Order dated 11 5 71 of the Orissa High Court in Criminal Appeal No. 3 to follow him with the bag and things like that. 193 of 1971. The Judgment of the Court was delivered FAZAL ALl, J.

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1976_204.txt

On October 28, 1971 the State Government received a representation from the petitioner against his detention. The State Government approved the detention order on February 18, 1971. The State Government companyfirmed the order for the detention of the petitioner on December 1, 1971. It would appear from the above that though the representation made by the petitioner against his detention was received by the State Government on October 28, 1971, the said Government companysidered the representation and rejected it on November 24, 1971. The said representation was companysidered by the State Government and was rejected on November 24, 1971. The case of the petitioner was placed on October 23, 1971 by the State Government before the Advisory Board. Opinion was expressed by the Advisory Board that there was sufficient cause for the detention of the petitioner. In pursuance of that order, Abdus Sukkur was arrested on September 24, 1971. The representation was thereafter sent to the Advisory Board. The order for the detention of the petitioner, as mentioned earlier, was made by the District Magistrate on February 10, 1971. He was then served with the order of detention along with the ground of detention together with vernacular translation thereof. In the meanwhile, on February 10, 1971 the District Magistrate sent report to the State Government about the making of the detention order along with necessary particulars. The Advisory Board, after companysidering the material placed before it and after hearing the petitioner in person, sent its report to the State Government on November 26, 1971. The detenu in that case made a representation to the State Government on June 23, 1969 and the same was rejected by the State Government on August 9, 1969. It would thus follow that the delay on the part of the State Government in companysidering the representation of the petitioner has remained unexplained. The petitioner, it is stated, was found to be absconding after the making of that order and he was arrested on September 24, 1971. 19 of 1970 for the detention of Abdus Sukkur with a view to preventing him from acting in any manner prejudicial to the maintenance of public order. There thus elapsed a period of 27 days between the receipt of the representation and its companysideration and rejection by the State Government. As the above delay in companysidering and rejecting the representation had number been explained in the affidavit which was initially filed in opposition to the petition on behalf of the State Government, this Court adjourned the matter on May 5, 1972 to enable the State Government to file an additional affidavit. 246 of 1969 decided on September 10, 1969. When the case was taken up thereafter on May 24, 1972 Mr. Chatterjee learned Counsel for the State, stated that numberadditional affidavit was to be filed on behalf of the State. An order was made by the District Magistrate Burdwan on February 10, 1971 under Section 3 of the West Bengal Prevention of Violent Activities Act, 1970 Presidents Act No. After hearing the learned Counsel on May 24, 1972 I ordered that, for reasons to be given later, the petitioner be set at liberty. R. Khanna, J. I number proceed to set out those reasons.

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1972_253.txt

By rule 3 of the Cadre Rules the Indian Forest Service Cadre was companystituted for each State or group of States and the cadre so companystituted was to be referred as a State Cadre, or, as the case may, a Joint Cadre. This petition is the second round in the challenge of the initial recruitment to the Indian Forest Service from amongst the gazetted officers of the Forest Service of each State. The strength and companyposition of each of the cadres was dealt with by rule 4 of the Cadre Rules under which the strength and companyposition of each of the cadres companystituted under rule 3 was to be determined by regulations made by the Central Government in companysultation with the State Government in that behalf. In order to companystitute and bring into being the All India Forest Service the Central Government issued a numberification dated July 13 255 Sup C1/75 1966 under section 2 A of the Act and immediately thereafter in exercise of the powers companyferred by sub section 1 of section 3 of the Act made certain Rules, namely the Indian Forest Service Cadre Rules, 1966 hereinafter referred to as the Cadre Rules and the Indian Forest Service Recruitment Rules, 1966 hereinafter referred to as the Recruitment Rules. This was immediately challenged by one Kraipak and others who were from the cadres of Divisional Forest Officers and Assistant Conservators of Forests of Jammu and Kashmir, on the ground that the selections numberified were violative of Arts. By section 2 of the All India Services Act LXI of 1961 hereinafter called the Act, the Indian Administrative Service and the Indian Police Service, which were companystituted before the Act, were recognised as All India Services. In respect of these appointments, service records companysidered by the Selection Board were upto 1966 for recruitment at the initial companystitution of the Service. Subsequently by the All India Services Amendment Act, 1963, enacted, on September, 6, 1963, section 2 A was added providing for companystitution of three other All India Services of which the Indian Forest Service was one. Appointment to the Service The Officers recommended by the Commission under sub regulation 3 of regulation 5 shall be appointed to the Service by the Central Government, subject to availability of vacancies, in the State Cadre companycerned. In respect of Jammu and Kashmir also the Central Government by numberification dated July 29, 1967 made appointments on the initial companystitution of the Indian Forest. R. L. Iyanger and R. L. Kohli for the petitioner. Niren De, Attorney General of India, G. L. Sanghl and R. N. Sachthey, for respondent No. Attorney General of India, R. N. Sachthey and Sumitra Chakravarty, for respondent No. 1 Niren De. C. Aggarwala and Avinash Karkhanis, for respondent No. 19 Tara Chand Sharma and Uma Datta for the Intervener. Petition Under Article 32 of the Constitution of India. 629 of 1970. The Judgment of the Court was delivered by JAGANMOHAN REDDY, J. ORIGINAL JURISDICTION Writ Petition No.

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1974_281.txt

tej kaur was the wife of harnam singh. harnam singh had three sons avtar singh dr. kartar singh and harbans singh. further harnam singh was number asked to surrender the land. on july 13 1948 harnam singh and his three sons kartar singh avtar singh and harbans singh and his wife smt. in other words the claim that each sons of harnam singh had acquired land on partition was rejected as untenable. 33 was exercised and both the holding of the land in sind partition thereof between harnam singh his sons and his wife and the allotment of land to them as displaced persons in india were companysidered as valid and finally settled. on october 5 1953 harnam singh and his sons approached the authorities in the rehabilitation department to companyvert temporary allotment into quasi permanent allotment. it was alleged that in the year 1946 harnam singh effected a partition of agricultural land between himself his three sons and his wife smt. after the partition of the companyntry s. harnam singh his three sons and his wife migrated to india and they claim to be displaced persons. it may be mentioned that in the claim lodged on march 15 1948 there was numberreference to the partition effected by harnam singh between himself his sons and his wife. tej kaur filed separate claims on the basis of the partition of the land which originally belonged to s. harnam singh. g to the writ petition quashed and set aside the order of the chief settlement companymissioner dated august 21 1961 and further directed that the allotment of land in favour of harnam singh his sons and his wife be cancelled and that a fresh allotment be made on the footing that harnam singh alone was the owner of the land situated in sind. harnam singh lodged a claim on march 15 1948 in respect of the entire land including the land belonging to the heirs of ch. later on on april 21 1948 harnam singh intimated to the rehabilitation authorities that out of a total claim of 300 acres of land lodged by him about 75 acres of land was of the ownership of ch. thereupon a numberice dated may 21 1964 was issued to harnam singh and his sons his wife smt. it was also companytended that the claim lodged by harnam singh in april 1948 was attested by shri harnam singh then deputy custodian of evacuee property east punjab and at the relevant time judge of the punjab high companyrt. thereupon two sons of harnam singh shri avtar singh and dr. kartar singh filed civil writ petition in the high companyrt of punjab at chandigarh. deputy registrar land claims accepted the request of harnam singh and his sons both with regard to the ownership of the land as well as partition thereof amongst various members of the family. on the introduction of the punjab refugees registration of land claims act 1948 act for short on april 3 1948 harnam singh and his sons as also smt. somewhere in october 1961 harnam singh apprehended that the claim to ownership of land in sind and the partition between himself his sons and his wife and the allotment of land was being re examined whereupon on march 13 1962 he submitted a representation to the government of india for issuing a direction under section 33 of the act that the matter be treated as finally settled. in the meantime harnam singh submitted a representation annexure b to the petition dated march 13 1962 to the government of india for issuing a direction under sec. bindra and harbans singh for respondent number 2. the judgment of the companyrt was delivered by desai j. avtar singh and dr. kartar singh two sons of harnam singh filed civil write number 1242 of 1965 against their father s. harnam singh respondent number 2 and union of india and tehsildar cum managing officer respondents number. letter number 422/singh dated the 29th august 1962 in companynection with the representation filed by shri harnam singh p.c.s retd . attar singh and companyfined his claim to the total area of 225 acres of land. 33 by the impugned order dated march 15 1965. after companyverting temporary allotment into quasi permanent allotment a sanad was issued to each claimant. harnam singh was the owner of agricultural land comprised in deh number 100 as also a portion of the land included in deh number 99 situated in district nawab shah in erstwhile sind province number forming part of pakistan. it is alleged that the case was examined and the joint secretary to the government of india ministry of rehabilitation one shri dube companyveyed the decision of the government of india to the deputy secretary to the government of punjab rehabilitation department jullundur vide his d.o. 1 and 3 by one a. g. vaswani settlement commissioner a ex officio under secretary to the government of india ministry of labour employment rehabilitation inter alia companytending that in april 1948 when for the first time shri harnam singh lodged his claim as displaced person against the loss of his land and property in pakistan he had categorically stated that 225 acres of land situated in sind belonged to him and there was no express or implied overt or companyert reference or even a whisper of a partition between himself and his sons and wife before he migrated to india. attar singh who was his father in law. in view of the numberice it became necessary for the allottees to establish number only the ownership of land in sind but the partition thereof amongst themselves. it was alleged that these claims were verified and allotments of land were made to the extent of 21 8 standard acres in favour of each claimant on temporary basis. dube joint secretary ministry of rehabilitation sending a letter dated may 31 1963 to the deputy secretary to the government of punjab rehabilitation department jullundur which reads as under p. dube regd. it is alleged that on the basis of the alleged partition separate claims were lodged for the first time in june 1948 each claiming 48 acres of land which was reduced to 32 acres. 33 of the act for cancellation of the order of the chief settlement companymissioner dated august 21 1961. thereupon the chief settlement companymissioner issued a numberice dated may 21 1964 to the allottees calling upon them to show cause why allotment in favour of each of them should number be cancelled. ultimately the joint secretary of the government of india exercising power of revision conferred by sec. it was specifically companytended that the separate claims on the basis of alleged oral partition were an after thought and were submitted to escape a higher graded cut under the quasi permanent allotment scheme. some time in 1960 a numberice was received by the allottees from the chief settlement commissioner punjab calling upon them to show cause why their allotment should number be cancelled. it was alleged that intimation of the alleged partition was sent to the revenue authorities of sind province with a request to effect necessary mutation in the revenue records showing land as having been given in the partition to the particular person. accordingly the chief settlement companymissioner by his order dated august 21 1961 companyfirmed the allotment directed companyferment of quasi permanent status and rejected the departmental reference. the chief settlement companymissioner rejected the reference by his order dated august 21 1961. it is this order which has been revised by the central government in exercise of the power conferred by sec. it appears that the managing officer of the rehabilitation department punjab government submitted a numbere dated numberember 5 1963 to move the central government under sec. 33 of the act. it is alleged that on this representation the government of india sent for the record of the whole case called for the companyments of the punjab rehabilitation department which led land claims officer to forward his numbere dated october 27 1961 to the government of india alongwith the whole record of the case. 33 of the act number companyld it constitute an exercise of power under sec. it was alleged that later on proprietary rights were conferred on each claimant in respect of the land allotted to him by the managing officer. some correspondence ensued between the union government and the government of punjab which ultimately led to shri n.p. 33 of the act cannumber be repeatedly exercise and it having been earlier exercised and the allotment having been held to be valid as per the letter of shri dube dated may 31 1963 the central government had numberjurisdiction either to revise or review its previous decision more particularly when numberfresh material against the allottees is produced after the earlier decision. 33 by his order dated march 15 1965 annex. however it was recommended that on the basis of the revised calculations each claimant would be entitled to 19 11 1/2 a. of land instead of 21 8 s.a. and the excess allotment should be cancelled this recommendation was approved by the competent authority vide its order dated october 28 1953 as also by the deputy custodian of evacuee property as per its order dated numberember 11 1953. consequently excess allotment of 8 14 1/2 standard acres in respect of five claimants was cancelled and the remaining allotment was ordered to be made on quasi permanent basis. the allottees claimed that they offered the necessary proof which satisfied the chief settlement companymissioner who had issued numberice on the basis of jamabandi entries received from pakistan. the division bench broadly agreed with the view taken by the learned single judge that the d. o. letter of shri dube dated may 31 1963 companyveyed the decision of the government of india in exercise of powers under sec. 33 and therefore the power of revision against the order of the chief settlement companymissioner was exhausted because a quasi judicial tribunal has numberpower to revise or review its earlier decision on merits even if the earlier decision is wrong on facts or law. with respect to the d. o. letter of shri dube it was stated that the opinion expressed in it was number a judicial decision in exercise of the revisional jurisdiction under sec. joint secretary. 33 of the act that the matter be treated as finally settled. one companydition in the sanad was that if it appears at any time that the grant or allotment of land described in the sanad is obtained by fraud false representation or companycealment of any material fact it shall be lawful for the president to resume the whole or any part of the said property so allotted. a similar request was also addressed to the central government which led to a query being addressed to the high companymissioner for india in pakistan to obtain documentary evidence if any in this behalf. the allottees appeared and submitted their objections to the re opening of the case inter alia companytending that the power of revision companyferred by sec. number 13 66 lr/62 h. r. department of rehabilitation 31st may 1963 my dear tandon please refer to balmukand sharmas d.o. accordingly while dismissing the l.p. appeal the high companyrt held that the impugned order of the government of india dated march 15 1965 was without jurisdiction and was invalid and of no legal efficacy. the learned judge by his judgment and order dated october 4 1966 made the rule absolute and quashed the order dated march 15 1965. the union of india preferred letters patent appeal number 384 of 1966 which was heard by a division bench of the punjab and haryana high companyrt. tej kaur each being given an almost equal share. 1 and 3 res pectively questioning the companyrectness and validity of an order dated march 15 1965 annexure g to the petition. civil appellate jurisdiction civil appeal number 503 of 1971. from the judgment and order dated 22.5.1969 of the punjab haryana high companyrt in l.p.a. hence this appeal by special leave by the union of india. numberhing companycrete emerged from these queries. number 384 of 1966. m. abdul khader and ms. a. subhashini for the appellants. he was respondent number numberrelief was claimed against him. an affidavit in opposition was filed on behalf of respondent number. other averments in the affidavit are hardly relevant. the writ petition came up before a learned single judge of the high companyrt. p. rao for the respondent number 1 and r.s.

test

1984_104.txt

Heard learned companynsel for the parties.

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2009_2173.txt

it has also been found that chapkali kuer and alodhan kuer had applied for the probate of the will of achhaiber singh after the death of shyam narain singh. the plaintiffs appellants before us claim as the heirs of sham narain singh who died issueless in august 1913. one achhaiber singh a companylateral of shyam narain singh had made a will on 3rd july 1912 under which he gave life interests in the properties owned by him to his three daughters in law deolagan kuer chapkali kuer and alodhan kuer. he laid down that after the death of these three ladies a half share in the properties would go to the two daughters of alodhan kuer and anumberher half to the above mentioned shyam narain singh a grandson of the testators first companysin achhaiber singh died in numberember 1912. it was found by all the companyrts that shyam narain sing took part in the cremation ceremony of achhaiber singh. hence shyam narain singh companyld number possibly join them at that time. apparently the members of the family in which achhaiber singh had been adopted were number well disposed towards him. it was therefore number surprising that shyam narain singh with whom he was well pleased should tight the funeral pyre as his agnate in the absence of his sons who had predeceased him. he was also said to have looked after the properties of the two ladies. sarjoo prasad r. k. jain and e.c. he had died before the will companyld be duly proved. civil appellate jurisdiction civil appeal number 1743 of 1967. appeal by special leave from the judgment and decree dated 15th october 1958 of the patna high companyrt in appeal from appellate decree number 552 of 1953. s. desai and d. goburdhan for the appellants. 2 to 12. the judgment of the companyrt was delivered by beg j. in this appeal by special leave the short question involved relates to an application of sec. 141 of the indian succession act to the facts of the case. agarwal for respondents number.

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1973_209.txt

Smoking while on duty is prohibited by the appellants the area in which the first respondent was found smoking is an area where smoking is prohibited and under the Aircraft Ground Fire Precaution Rules, smoking is prohibited within 100 ft. of an aircraft being re fuelled. On the morning of the 28th November, 1952, while on duty at the Santa Cruz Aerodrome in an area where smoking is prohibited and at a time when an aircraft was being re fuelled by the appellants the first respondent was found smoking within about 25 ft. of the said aircraft. The first respondent was caught red handed in the very act of smoking within 25 ft. of the said aircraft by the District Manager of the appellants and as a result of the first respondent smoking in the manner stated above the Airport authorities decided number to permit him to operate on the Aerodrome. At the time when the re fuelling was in progress a No Smoking sign was placed on the re fueller with a view to prevent anyone in the vicinity from smoking and definite instructions had been given to this effect to all the staff companycerned including the first respondent. The Labour Appellate Tribunal was of opinion that there was a substantial question of law involved and that there had been a perverse exercise of jurisdiction by the Industrial Tribunal. The appellants preferred an appeal to the Labour Appellate Tribunal for having the said order of the Industrial Tribunal set aside and for grant to the appellants of permission to dismiss the first respondent from their employ. The Industrial Tribunal in the result rejected the application of the appellants. 78 of 1952 were pending before the Industrial Tribunal at Bombay, the appellants made an application under Section 33 of the Industrial Disputes Act, 1947, asking for the permission of the Tribunal to dismiss the first respondent from their employ. The Labour Appellate Tribunal by its decision dated the 1st April, 1953, set aside the said order of the Industrial Tribunal and granted such permission to the appellants. The first respondent was engaged in the service of the appellants as a Driver at their Santa Cruz Airport Service Station. The first respondent number only pleaded guilty but was also found guilty of misconduct on the evidence and as a result of the enquiry the appellants desired to punish him by dismissing him from their employ, dismissal being a numbermal punishment for such an act of misconduct. 167 of 1953, for issue of a writ of certiorari or any other appropriate writ or directions under Article 226 of the Constitution on the ground, inter alia, that the said decision of the Labour Appellate Tribunal was without jurisdiction inasmuch as the said appeal before the Labour Appellate Tribunal did number involve any substantial question of law. The Industrial Tribunal attempted to impose companyditions on the appellants by putting it to them that, if they amended their application to ask for something less than dismissal, permission would be readily granted but that otherwise the application would be entirely rejected. The said appeal was heard by the Division Bench of the High Court of Bombay companysisting of Chagla, C. J. and Shah, J., and the learned Judges allowed the said appeal and issued a writ against the 2nd respondent, the Labour Appellate Tribunal of India, Bombay, holding that the Labour Appellate Tribunal had numberjurisdiction to entertain the appeal as it did number involve any substantial question of law. The Industrial Tribunal, Bombay, apparently went into the merits of the case and, felt that dismissal was number an appropriate punishment in the circumstances but would be excessive particularly in view of certain alleged extenuating circumstances, as for example, his service record, his admission of guilt and plea for leniency and the assurance given by the Union companycerned that such lapse would number recur. The appellants who were acting bona fide in the interests of public security and safety as well as in the interests of the whole petroleum industry and the safety of life and property for which it was necessary to maintain discipline rigidly did number agree to a punishment less than dismissal in view of such gross and wilful misconduct as had been proved. A charge sheet was furnished to the first respondent and he was called upon to answer the charge of serious misconduct. The first respondent then preferred an appeal in the High Court of Bombay, being Appeal No. The first respondent was afforded a full opportunity to be represented at the enquiry and to defend and to cross examine the witnesses. The first respondent thereupon presented a petition to the High Court of Judicature at Bombay, being Miscellaneous No. An enquiry into the matter was held on the 4th December, 1952, by the Sales Manager of the appellants. The said petition came on for hearing before the said learned Judge who delivered a companysidered judgment on the 14th July, 1953, dismissing the said petition and discharging the said rule nisi. The District Manager who was himself an eye witness gave evidence. The facts leading up to this Special Leave Appeal lie within a very narrow companypass. Bhagwati, J. As adjudication proceedings in respect of Reference IT No.

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1956_113.txt

A stand was taken that the claim was highly belated. The appellant was appointed as DPL in August 1993 and worked upto October 1994. It is to be numbered that in the cross examination appellant had admitted that he had numberproof of having worked from August 1993 to October 1994. CIVIL APEPAL NO. 4561 OF 2007 Arising out of SLP C No. It was held that though numberlimitation is prescribed, but it would be unequitable to re open the closed chapter after a long time. A brief reference to the factual aspects would suffice. 26379 of 2005 Dr. ARIJIT PASAYAT, J. The reference made to the Labour Court by the State Government of Haryana in terms of Section 10 1 of the Industrial Disputes Act, 1947 in short the Act was answered in favour of the respondent hereinafter referred to as the Board holding that the claim was highly belated and therefore dis entitled the appellant from any relief. Challenge in this appeal is to the order passed by the Division Bench of the Punjab and Haryana High Court dismissing the writ petition filed by the appellant questioning the companyrectness of the decision rendered by the Presiding Officer, Industrial Tribunal cum Labour Court, Hissar. If the appellant felt that the order of termination was illegal without following due procedure, he should have companye up with demand numberice within a reasonable time. The appellant was therefore held number to be entitled to any relief. Writ petition filed by the appellant was dismissed on the ground that the demand numberice had been raised after six years. Leave granted.

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2007_707.txt

The learned Judge was of opinion that it was deliberate as it was known to the public prosecutor that the bench on 13.2.91 after scrutinising the papers was of opinion that it was a genuine case in which the passport should be released and the opposite party should be permitted to travel abroad but due to paucity of time the bench instead of passing the order directed the opposite party to approach the trial Judge. What weighed with the learned Judge to infer mala fides against the State was that the order dated 14.2.91 having been passed in open companyrt in presence of the opposite party and companynsel for the State, permitting the opposite party to leave the companyntry on 17.2.91, the opposite party, genuinely expected the according to the learned Judge, rightly, that any further application which the State would make companyld only be addressed to the bench, namely, the bench of Puranik Saldanha, JJ., before whom the petition was pending, therefore, the opposite party, justifiably, waited and watched in the bench, whole day for moving of any application but the State instead of moving any such application filed a fresh writ petition and obtained an ex parte order, the information of which was given to opposite party in the evening. He, further, permitted the opposite party to leave India and travel abroad as per the itinerary during the period from 17.2.91 to 22.2.91 on executing a personal bond of Rs.50,000. Since the order was passed on 14.2.91 and the opposite party was to fly on 17.2.91 and 16.2.91 was Staturday the State challenged the companyrectness of the order passed by the ASJ by way of a writ petition under Article 227 of the Constitution read with Section 482 of Criminal Procedure Code and the learned Judge, who under the rules was entitled to hear such a petition, passed an ex parte order on 15.2.91 staying that part of the order which permitted the opposite party to leave the companyntry and directed the application to be listed for further orders on 18.2.91. With companyfirmation of interim order the proceedings which had companymenced on the application filed by the opposite party to leave the companyntry came to an end. What led to all this was an application filed by the opposite party, in the writ petition pending for quashing the charge sheet framed under The Indian Official Secrets Act, 1923 and the Atomic Energy Act, 1962, for release of his passport on which the division bench of which Mr. Justice Saldanha was A member, passed the order on day the Additional Sessions Judge, hereinafter referred as ASJ after hearing the parties, directed that the passport and identity card of the opposite party be returned. Since the effect of the interim order and the fixing of the petition on 18.2.91 nullified the opposite partys going to United States of America, the companyrt felt that the order was obtained number only unfairly, but that it companystituted a sharp practice. The companyrt found that the learned single Judge was misled in passing the order as was clear from ground number six which was to the effect that the trial being fixed for 18.2.91 the trial Judge was number justified in issuing the orders in favour of opposite party. The learned Judge felt, strongly, against the public prosecutor as she being aware of the proceedings before the Division Bench failed in her duty of apprising the learned Judge of companyrect facts. On companying to know of this order, in the evening, the opposite party approached the Division Bench where the main petition was pending on 16th February, which after making an observation that the public prosecutor ought to have brought it to the numberice of the learned single Judge that the main matter was pending before the Division Bench and the trial Judge had passed the order in pursuance of the direction issued by the Division Bench, directed that the matter, being urgent, it should be placed before the same learned single Judge. The learned Judge also felt aggrieved by the companyduct of the public prosecutor in number informing the learned single Judge that the main writ petition was already listed for hearing before the division bench and that the direction to the ASJ to companysider the application for return of passport had been issued by the bench. And when the revision filed by the State, directed against the order acquitting the accused, was taken up for hearing by Mr. Justice Saldanha, and observations were made during companyrse of judgment dictated in open companyrt from 5th to 12th October 1991 against the public prosecutor and the State, the opposite party appears to have made a mention on 10th October that the writ petition filed by the State against the order of the trial Judge releasing his passport and permitting him to travel abroad may be summoned and disposed of. Basis for these inferences was, the companyclusion by the learned Judge, that the State, deliberately, procured the interim order by another learned Judge by filing a separate writ petition, when it knew that the main petition for quashing of the proceedings was pending before the division bench Puranik Saldanha, JJ. The Judgment of the Court was delivered by M.SAHAI, J. Strictures of sharp practice, suppression of facts, obtaining orders by playing fraud upon the companyrt against State by Mr. Justice Saldanha a of the Bombay High Court, while deciding Criminal Miscellaneous Petition filed by the opposite party, accused of leaking official secrets and violating provisions of the Atomic Energy Act, 1962 and awarding Rs.25,000 as companypensation, for companysultancy loss, suffered by him, due to ex parte order obtained by the State against order of the trial Judge permitting the opposite party to go abroad, companypelled the State to file this appeal and assail the order number only for legal infirmities but factual inaccuracies. The State was, obviously, disturbed by this order as serious charges had been levelled against the opposite party who had been arrested, earlier, just when he was about to leave the companyntry and board the plane, for leakage of official secrets and whose bail had, even, been cancelled by this companyrt, appeared to be in danger of leaving the companyntry again. Consequently parties appeared before the learned Judge on 16th February who, after hearing, companyfirmed the interim order passed, a day earlier. Yet the learned Judge passed the impugned order. Was the public prosecutor guilty of violating professional ethics or her duty as respondent officer of the companyrt? The motive of the public prosecutor and the State was further attempted to be shown to be dishonest and motivated as the averments in the petition on which the interim order was obtained were false to their knowledge. But the writ petition in which the interim order was passed remained pending. The falsity found was that the State had deliberately tried to mislead the companyrt by alleging that the trial was fixed for hearing on 18.2.91 and the same had been adjourned to 24.2.91. But the learned Judge after companypletion of judgment in criminal revision on 12th October, appears to have, taken up the writ petition. When the petition was taken up, on 11th October, and the public prosecutor was asked if she had any objection to hearing it was stated by her that it did number survive. Was this so? Did the State procure the order by companycealing facts? That any party aggrieved by an order passed by a Court is entitled to approach the higher companyrt cannot be disputed number can it be disputed that a petition under Article 227 of the Constitution read with Section 482 of the Criminal Procedure Code against the order of trial Judge was maintainable and under rules of the companyrt it companyld be listed before the learned single Judge only. Reasons to quote the teamed Judge which, companypelled the company secience of companyrt to pass the impugned order were, the unfortunate proceedings that bristled s with mala fides. The request was accepted and on direction of the learned Judge the office listed the case before him on 11th October. It was pointed out by the learned senior companynsel for the State that since the criminal revision filed by the State against the order acquitting the accused has been dimissed, the writ petition had become infructuous and orders may be passed accordingly. Handa, Mrs. Manjula Rao, S.M. Jadhav, A.S. Bhasme and A.M. Khanwilkar for the Appellant. M. Tarkunde, A.M. Khanwilkar and A.K. Altaf Ahmed, Addl. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.275 of 1993. Solicitor General, B.R. Panda for the Intervenor. 180 of 1991. From the Judgment and Order dated 14.10.1991 of the Bombay High Court in Crl. Dr. B. Subha Rao Respondent in person. W.P. No.

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The respondent then carried an appeal to the Appellate Collector under section 128 of the Act against the order of the Assistant Collector. The Appellate Collector by his order dated 22nd February 1972 vacated the order of the Assistant Collector mainly on the ground that the Assistant Collector had number companyplied with the rules of natural justice. Thereafter the respondent filed a writ petition in the High Court of Madhya Pradesh assailing the numberice and praying that the proceedings started by the Assistant Collector even after the vacation of the order by the Appellate Collector be quashed. Thereafter adjudication proceedings under section 122 of the Act were companymenced by the Assistant Col lector of Customs which culminated in the order of the Assistant Collector dated 30th June, 1969 by which the watches were seized and ordered to be companyfiscated. The department appears to have interpreted the aforesaid order as an implied cider of remand and issued a fresh numberice to the respondent on the 27th July, 1972 and started fresh adjudication proceeding according to the implied direction of the Appellate Collector. The fate of this case depends on the interpretation of the order passed by the Appellate Collector. 1, therefore, without prejudice, vacate the order of the adjudication passed by the Assistant Collector, Central Excice, Jabalpur. This appeal by special leave is directed against the judgment of the Madhya Pradesh High Court dated 19th November 1976 by which the High Court quashed the numberice dated 27th July 1972 issued by the Assistant Collector of Customs and also quashed fresh adjudication proceedings started by him under the provisions of the Customs Act hereinafter referred to as the Act . On 27th February 1969 the respondent Pratap Rai was detrained at Jabalpur by the Customs authorities while he was travelling by the Bombay Janta Express. In order to appreciate the point in issue it may be necessary to ,extract the relevant portion of the order of the Appellate Collector which runs thus The adjudication, therefore, suffers for lack of principle of natural justice, inasmuch as adequate opportunities were number given to the appellant to defend his case. The plea taken by the respondent appears to have found favour with the High Court which allowed the petition, quashed the numberice as also the fresh adjudication proceedings. On being searched as many as 23 wrist watches on which numbercustom duty was paid were recovered from his person. Naunit Lal and Kailash Vasdev for Respondent. 250/ was levied on the respondent under section 112 of the Act. Appeal by Special Leave from the Judgment and Order dated the 29th November 1976 of the Madhya Pradesh High Court in P. No. 363 of 1978. Emphasis, supplied . C. Agarwala and Girish Chandra for the Appellant. CIVIL APPELLATE JURISDICTION Civil Appeal No. The Judgment of the Court was delivered by FAZAL ALI, J. The appellant obtained special leave of this Court against the order of the High Court and hence this appeal before us. 32 of 1973. A penalty of Rs.

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The respondent filed a companyplaint on 11.5.1993 before the Maharashtra State Consumer Dispute Redressal Commission hereinafter referred to as the State Commission . The respondent aggrieved by the said order preferred an appeal before the National Consumer Disputes Redressal Commission hereinafter referred to as the National Commission . Salaam, Tanzania on 30.9.1992. This appeal is directed against the judgment and order of the National Consumer Disputes Redressal Commission, New Delhi, dated 7.1.2004 passed in First Appeal No. On 17.1.1996, the State Commission held that the companyplaint filed by the respondent was number maintainable. BRIEF FACTS The respondent booked a companysignment of Reactive Dyes with the appellant Ethiopian Airlines to be delivered at the Dar Es. As such, the National Commission took the view that the judgment of the High Court of Delhi delivered in the case of Deepak Wadhwa v. Aeroflot 24 1983 Delhi Law Times 1 had numberbearing and application in deciding the companyplaint filed by the respondent. The airway bills were duly issued by the appellant from its office in Bombay at the Taj Mahal Hotel for the said companysignment. Pursuant to the numberice issued by the State Commission, the appellant filed a written statement in which the appellant raised a preliminary objection regarding maintainability of the companyplaint. Exports Ltd. v. South Indian Corporation Agencies Ltd. and Another 2009 10 SCALE 22 and Patel Roadways Limited Birla Yamaha Limited 2000 4 SCC 91. It appears that there are two companyflicting judgments on this point E.I.C.M. The said order reads as under The questions in this case is whether proceedings before the Consumer Forum are suits. 190 of 1996. Dalveer Bhandari, J. A two Judge bench of this Court by its order dated 10.11.2009 referred this matter to a larger Bench. The appellant, aggrieved by the said order, has preferred this appeal on the ground that a foreign State or its instrumentality cannot be proceeded against under the Act without obtaining prior permission from the Central Government.

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The aggregate amount of companymission paid to Saheb Dayal and Gurditta Mal thus came to Rs. Saheb Dayal and Gurditta Mal were .looking after the busi ness of the assessee since a long time and they were each paid remuneration of Rs. The business of the assessee companysisted of sole selling agency of OCM in respect of yarn, cloth and blankets manufactured by OCM and for the sales affected by the assessee as such sole selling agents, companymission was paid to the assessee by OCM. Since the assessee showed very satisfactory turnover from year to year, OCM started giving to the assessee, in addition to the usual companymission, over riding companymission at the rate of 21/2 on the sales affected by the assessee and the. Thus, from amongst the partners, only Madan Lal was looking after the day to day management of the business of the assessee and he was assisted by Saheb Dayal and Gurditta Mal who were engaged as employees of the assessee. Chaman Lal was the son of Saheb Daval and Raj Mohan was the son of one Gurditta Mal. 45,380/ and this amount of companymission was claimed by the assessee as a deductible expenditure in its assessment to income tax for the assessment year 1963 64. 54.28 lacs and overriding companymission increased to Rs. 1,13,449/ during the previous year companyresponding to the assessment year 1963 64, the assessee decided to give to each of Saheb Dayal and Gurdita Mal, who were look ing after the business and were primarily responsible for the increased prosperity of the assessee, companymission at the rate of 1/2 of the sales out of 21/2 overriding companymis sion received from OCM and each of these two employees was accordingly paid by the assessee a sum of Rs. The figures show that the business of the assessee prospered from year to year from 1959 60 onwards and there was a gradual increase in the turnover of the assessee which jumped from the figure of Rs. 22,690/ by way of companymission. The assessee appealed against the disallowance of the amount of companymission but the Appellate Assistant Commis sioner in appeal affirmed the disallowance on the ground that numberevidence had been produced by the assessee to prove that the activities of Saheb Dayal and Gurditta Mal in the relevant account year were or a nature different from those in the earlier years or that they put in any extra time or energy,in the companyduct of the business of the assessee so as to justify the payment of the companymission and hence it companyld number be said that the companymisson was paid for services rendered by them. The Income Tax Officer, disal lowed the claim of the assessee on the ground that there was numbermaterial produced by the assessee which would prove the nature of services rendered by these two gentlemen in lieu of which the companymission is claimed to have been paid and there being numberevidence to show that the increase in sales during the relevant accounting year was due to the efforts of Saheb Dayal and Gurditta Mal, the claim for deduction of the amount of companymission as a business expenditure remained unproved. The view taken by the High Court was that in order to attract the applicability of section 36, sub section 1 , clause ii , it was necessary that the payment of companymission should be for services rendered and since there was numberevidence led on behalf of the assessee to show that any extra services were rendered by Saheb Dayal and Gurditta Mal, which were responsible for increase in the sales and companysequent enlargement of the overriding companymission, there was numberjustification for payment of companymission to them and the companymission paid companyld number be said to be for services rendered. over riding companymission thus re ceived by the assessee during the previous years companyrespond ing to the assessment year 1960 61 to 1963 64 was as fol lows Assessment year Amount Received 1960 61 Rs. 54.28 lacs for the as sessment year 1963 64. Ltd. hereinafter referred to as OCM . 83,922/ 1963 64 Rs. During the accounting year relevant to the assessment year 1963 64, Chaman Lal and Harbans Lal had their own independent factories and hence they were number attending to the business of the assessee and Raj Mohan too was number actively associated with the companyduct of the business of the assessee as he was working with the Oriental Carpet Manu facturers India Pvt. The assessee is a registered firm which at all material times companysisted of five partners, namely, Chaman Lal, Madan Lal, Harbans Lal, Raj Mohan and Saheb Dayal representing a trust. 39.99 lacs for the assessment year 1962 63 to the figures of Rs. The matter was carried in further appeal before the Tribu nal, but the Tribunal also took the same view and held that since there was numberproof to show that any services were rendered by Saheb Dayal and Gurudayal Mal for which payment of companymission in addition to salary and bonus companyld be justified, companymission companyld number be said to have been paid for services rendered so as to attract the applicability of section 36, subsection 1 clause ii . 1,13,449/ Since the turnover of the sales reached the figure of Rs. 45,380/ paid to L. Gurandittamal and L. Sahebdiyal, employees of the applicant firm is permissi ble deduction in companyputing the business income of the applicant ? The assessee being aggrieved by the order made b the tribu nal applied for a reference of the question of law arising out of the order of the Tribunal and on the application of the assessee, the following question of law was referred for the opinion of the High Court Whether on the facts and circum stances of the case the sum of Rs. 61,818/ 1962 63 Rs. 35,964/ 1961 62 Rs. 1000/per month. A. Ramachandran and R.N. 1011 of 1972. T. Desai, Mrs. A.K. Appeal by Special Leave from the Judgment and Order dated the 18th August, 1971 of the Punjab and Haryana High Court in Income Tax Reference No. 17 of 1971. Verma and Shri Narain for the Appellant. Sachthey for Respondent. CIVIL APPELLATE JURISDICTION Civil Appeal No.

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Special leave granted.

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57154/ in installing sanitary fittings and of rs. 1370/ for pipe line fittings. 14629/ . the respondent who is the assessee is a registered firm running a hotel at secunderabad with branches at sultan bazar and king kothi in hyderabad. during the previous year ending 30th september 1959 relating to the assessment year 1960 61 the assessee incurred an expenditure of rs. natesan and k. jayaram for the respondent. the assessee claimed development rebate on these two items at the rate of 25 per cent under s. 10 2 vi b of the act amounting in the aggregate to rs. on appeal the appellate assistant companymissioner upheld the disallowance. the income tax officer disallowed the claim. the judgment of the companyrt was delivered by grover j. this is an appeal by certificate from the judgment of the andhra pradesh high companyrt in a case referred under s. 66 1 of the income tax act 1922 hereinafter referred to as the act . civil appellate jurisdiction civil appeal number 1369 of 1968. appeal from the judgment and order dated august 1 1967 of the andhra pradesh high companyrt in case referred number 68 of 1964. t. desai j. ramanurthi r. n. sachthey and b. d. sharma for the appellant. an appeal was taken to the appellate tribunal.

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Originally under the Madras General Sales Tax Act, 1939 the sale of fruits was liable to tax. 976 which was as follows The Madras General Sales Tax Act, 1959, which will replace the Madras General Sales Tax Act 1939, will companye into force from 1st April 1959. In other words by virtue of this numberification the respondents became liable to pay tax on the sale of fresh fruit with effect from April 1, 1959. This numberification shall companye into force on the 1st day of April 1959. 976 issued under the provisions of the Tamil Nadu General Sales Tax Act, 1959, hereinafter called the Act, which was to companye into force on April 1, 1959. The Government have examined the question of companytinuing or withdrawing the exemption from sales tax or the reductions in rates of sales tax so far granted under the Madras General Sales Tax Act, 1939, and such of them as have been decided to be companytinued from Ist April 1959 are specified in the numberifications annexed to this order The numberifications annexed to this order will be published in the Fort. St. George Gazette. The Controller of Stationery and Printing, Madras, is requested lo publish in the numberification in the Fort St. George Gazette, dated the 1st April 1959 without fail. In the Schedule which companytained the exemptions fresh fruit was number one of the items which was exempted from tax. The 1939 Act was repealed and re enacted by the Act which was published in the Official Gazette on March 18, 1959 but which was to companye into force, as stated before, on April 1, 1959. By means of a numberification dated March 25, 1954 the sale of fruits among other companymodities was exempted from payment of tax under s. 6 of that Act. Oil March 28, 1959 the Government passed O. It may be mentioned that the exemption with regard to fresh fruits was once again granted with effect from April 1, 1960. The respondents are dealers in friuts in the State of Tamil Nadu. These appeals by special leave from a judgment of the Madras High Court involve the question of the validity of a numberification No. 354 to 360 of 1963. 177 to 183 of 1967. Appeals by special leave from the judgment and order dated December 28, 1964 of the Madras High Court in Writ Appeals Nos. A. Ramachandran, for the respondents in all the appeals . T. Desai and A. V. Rangam, for the appellants in all the appeals . It is unnecessary to refer to the companyrse which the litigation in the shape of writ petitions filed by the respondent took in the High Court. The Judgment of the Court was delivered by Grover, J. CIVIL APPELLATE JURISDICTION Civil Appeals Nos. No.

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Jasodiya was taken by the swift current of the river Ganges to village Jafrabad where she was spotted by two persons who took her out of the river Ganges. They forcibly took them to the side of the river Ganges. Jasodiya in the same night at about mid night. Jasodiya did number mention their names. Jasodiya, who companytinued to cry and weep, was attacked by the accused with knives and she was shot at by firing from gun and she was thrown in the river Ganges. Kallu P.W.14 jumped into the stream of the river Ganges and saved his life. She apprehended that the other persons namely Ganga, Tulsi, Madan Din Dayal and his two sons Shripal and Sukhlal would have been killed and thrown in the river Ganges. Thereafter, Kallu, Jasodiya, Din Dayal, Sukhlal, Shripal, Tulsi, Ganga Ram, Deo Nath alias Madan were tied with rope and were taken to the bank of the river Ganges, pushed in the boats and brutally murdered and thereafter all of them were thrown in the river Ganges, at a point where there were strong currents. The post mortem of Jasodiya was companyducted by Dr. S.K. The accused persons caught hold of her and her husband Kallu, Tulsi, Madan, Ganga Ram, Din Dayal, Sukhlal and Shripal sons of Din Dayal were also tied by a rope. According to him accused Mathura Singh and Vijai Karan Singh had rifles. She was also attacked and injured with knife and gun shots and was thrown in the river Ganges. The eight persons who were abducted and tied with rope and brought to river Ganges in the midstream and after their murder were thrown in the river one by one except Kallu PW14 who escaped because he jumped into the river. The dead body of Shripal, S o Din Dayal was recovered from the river Ganges and its inquest was companyducted by Bhim Singh, Sub Inspector posted at the Police Station Hathgaon. Tandon companyducted the post mortem examination on the dead body of Jasodiya. Jasodiya, wife of Kallu was recovered from the river Ganges in an injured and unconscious state and after she regained companysciousness, she got a written report Ex. They crossed the river on two boats and across the river those persons fired guns and rifles. Jasodiya started weeping and crying and her husband Kallu, who was also terribly frightened managed to jump into the stream of the river Ganges and swam to safety. She further narrated that immediately after her husband was untied, he jumped into the river Ganges. They caught hold of him and his wife and also Ganga, Tulsi, Deo Nath, Din Dayal, Sukhlal and Shripal. 12.10.1979 accused Ram Niwas Singh alias Chhaila Singh and Mathura Singh alias Vijai Bahadur Singh surrendered themselves in companyrt and were sent to jail. The Investigating Officer arrested the accused Udai Bhan Singh alias Lallan Singh on 22.9.1979. of the Police Station Hathgaon who had identified Jasodiya before Dr. C. M. Mittal. They also caught hold of Ganga, Tulsi, Madan, Din Dayal and his two sons Shripal and Sukhlal and all of them were tied with ropes and were made to go to jungle and thereafter they were taken to the bank of the river Ganges. Accused Dhirendra Singh, Ganga Din, Banwari and Cheddu alias Virendra Singh surrendered in companyrt on 7.10.1979 and they were sent to jail. The accused persons were also sentenced to undergo five years of rigorous imprisonment under section 364 IPC for abduction of Kallu, Jasodiya, Ganga, Tulsi, Deo Nath, Din Dayal, Sukhpal and Shripal. Madan, Tulsi, Ganga, Sukhlal and Din Dayal companyld number be traced. Her two sons Shripal and Sukhlal have also been abducted and murdered. On 3.10.1979 accused Man Singh and Chaturbhuj Singh were arrested. KA.6 of Jasodiya was recorded by Dr. C. Mittal, Medical Officer at midnight on 10.9.1979. There was a dense forest on the side of the river. Thereafter, they killed Sukhlal, Ganga Ram and Tulsi. Lohari, District Fatehpur, 2 Udai Bhan Singh Lallan Singh R o Kasraon District. He has named Dhirendra Singh Thakur, Man Singh Thakur and Vijai Karan Singh Thakur who were armed with rifles. P.W.3 has supported the prosecution case only to the extent that her husband Din Dayal and sons Sukhlal and Shripal were taken away by the accused persons. Dr. Mittal assessed the age of Jasodiya around 50 years and he found the following injuries on the person of Jasodiya Two incised wounds of x 1/8, depth number measured, other wound x 1/8 x depth number measured, which are on the left side neck 2 below from the left mastoid process. Incised wound 1 x x muscle deep, left side of neck. Abrasion x x on ankle region. On 25.11.1979, the Investigating Officer filed a charge sheet against 15 persons, namely Mathura Singh, Ram Sajiwan, Udai Bhan Singh, Ram Niwas Singh, Suraj Pal Singh, Banwari, Lavkush, Man Singh, Virendra Singh, Dhirendra Singh, Tejpal Singh, Faiyaz, Munna, Vijai Karan Singh and Chandra Bhan Singh. On 13.10.1979 accused Vijai Karan Singh surrendered himself in companyrt and was sent to jail. He stated that he heard these persons talking that they would go to Lohari and kill the residents of Lohari and to throw away their dead bodies in the river Ganges. He also stated that the father of Ram Prasad of Lohari be killed and his body be thrown in the Ganges. On 24.9.1979, the Investigating Officer arrested the accused Virendra Singh and recorded his statement. The learned Additional Sessions Judge, Fatehpur, in an elaborate, exhaustive and well companysidered judgment, sentenced the 18 accused persons under section 302 read with section 149 IPC for companymitting the murder of Jasodiya, Ganga, Tulsi, Deo Nath alias Madan, Din Dayal, Sukhlal and Shripal. He had seen accused Lallan Singh, Munna, Mathura Singh, Vijai Karan, Chhaila Singh and Dhirendra Singh on 9.9.1979 at 6 p.m. at the road running towards east of the police out post Chheolaha. Similar story was narrated by Jasodiya to the Investigating Officer Devi Dayal Dixit, as would appear from the extract Ex. She is the wife of Din Dayal who had been abducted and murdered in this occurrence. He stated that he enquired from Lallan Singh alias Udai Bhan Singh as to where they were going or whether they were going to do some big job and then in reply accused Lallan Singh told him that they were going to village Lohari. She further stated that she floated in the river and reached by the side of Jafrabad and she succeeded in companying out of the river Ganges, when two persons saw her and took her on a company and brought under a Mahua tree and there she was warmed by the fire. One gun shot wound of exit x x muscle deep on the leluic region 4 below umbilicus. Thereafter on 7.12.1979, a second charge sheet was filed by the Investigating Officer against three accused, namely Cheddu Singh, Subhash Singh and Ganga Din. The Investigating Officer recorded the statement of the witness Kallu P.W.14, s o Sukkha on 7.12.1979. Multiple gun shot wound of entrance on the left side of chest and abdomen 1/8 x 1.8 x muscle cavity deep in an area of 5 x 7 x 10 downwards from left anterior axillary fold. In this case, the statement made by Jasodiya, another victim in this occurrence, was treated as a dying declaration. Jasodiya in her first information report which was companystrued as the dying declaration did number name the appellant. Thereafter, she was taken for medical examination of her injuries at the Public Health Centre for short, PHC Hathgaon, where Dr. C. Mittal examined the injuries of Jasodiya. Accused Subhash Singh surrendered himself in companyrt on 29.10.1979 and he was also sent to jail. On that very day, accused Suraj Bali Singh surrendered himself in companyrt and was sent to jail. Incised wound 1 x muscle deep on left side neck 1 below the left ear. On 7.10.1979 accused Faiyaz was arrested. One gun shot wound of entrance 1 x 1 x chest cavity deep on the left side of chest 3 Oclock position, 1 apart from left nipple. Margins lacerated. Margins everted and lacerated. Margins lacerated and everted. The trial companyrt further observed that the accused persons were further liable to be held guilty of the charge punishable under section 201 IPC for destroying the evidence of murder by throwing the dead bodies of the said victims in the river Ganges, except Jasodiya who at that time had number died but was seriously wounded and later on succumbed to her injuries. One gun shot wound of entrance 1 x 1 x chest cavity deep on right side back upper third part scapular region. Fatehpur, 3 Dhirendra Singh R o Mawaiya, District Fatehpur, 4 Munna son of Ram Lal R o District Banda, 5 Ram Niwas Singh alias Challa Singh R o Siyari, District Fatehpur, and 6 Vijay Karan Singh R o Bhainsahi, District Fatehpur recorded by the High Court is set aside and their companyviction as recorded by the trial companyrt is restored. Dr. P. Joshi, P.W.7 who was working as the Medical Officer, District Hospital, Fatehpur, companyducted the post mortem on the dead body of Shripal and found the following injuries One gun shot wound of entrance 1 x 1 x abdominal cavity deep at 11 O clock position 1 apart from umblicus loop of bowes protruding out of the wound. KA.1 scribed by the witness Shyam Lal P.W.4 and the report was lodged at the police station Hathgaon of the District, U.P The statement of Jasodiya recorded under section 161 Cr. On 1.10.1979 accused Lavkush was arrested. After appointing Panchas, Sub Inspector Bhim Singh inspected the dead body of Shripal and prepared the inquest report. All the accused persons were also sentenced to undergo four years rigorous imprisonment under section 201 IPC for elimination of evidence of murder by throwing the dead bodies of the seven persons in the river Ganga. Out of these 5 6 persons he recognized accused Mathura Singh, resident of Lohari, Chandra, resident of Gaura, but he companyld number identify the remaining persons. Accused Chunna surrendered himself in companyrt on 12.11.1979. Margins lacerated, inverted. Tandon, P.W.6, Medical Officer working at the District Hospital, Fatehpur on 12.9.1979 at 2 p.m. Dr. Tandon found the following ante mortem injuries on the dead body One gun shot wound of entry x x bone deep on the anterior lateral surface of upper third of right thigh. Margins lacerated and inverted. However, during the pendency of this appeal, Ram Niwas Singh alias Challa Singh died and companysequently his appeal abates. On 23.9.1979, the Investigating Officer raided the houses of the other accused persons but they were number traceable. Injury No. Blackening and tattooing present. On 15.9.1979, the Investigating Officer recorded the statements of Dashrath and other witnesses. Spleen was found perforated and left kidney was found lacerated and perforated. Blackening and tattooing absent. was recorded by the Investigating Officer, the extract of which is Ex. The accused also sat on the boat and took them between Surajpur and Naroli. The dead bodies of the remaining abducted persons viz. According to him, the accused were holding rifles, guns, revolvers, axes etc. He named 18 accused persons along with their villages. Contusion 4 x 1 right side back. She stated that on 09.09.1979 at 11 p.m. 20 22 persons armed with guns and rifles forced their entry inside her house and caught hold of her and her husband Kallu. Referred to District Hospital, Fatehpur for treatment and advised X ray of all the affected parts. The High Court termed the testimony of Kallu PW14 as untrustworthy. They reached at the bank of the river, took her out and put her on a small company and she was warmed by fire under a Mahuwa tree. No Gun shot recovered from the body after extensive search. Right and left lungs were found lacerated and perforated at places. On 11.10.1979, the Investigating Officer recorded the statement of witness Rai Dutt. Dr. Mittal also recorded the dying declaration of Smt. The Investigating Officer recorded the statements of witnesses Barati Lal and Nanku on 20.10.1979. He stated that the accused persons entered their house by breaking open the door. On 28.9.1979, the Investigating Officer recorded the statements of witnesses Jagat Narain, Bhagwat and Sumer. The liver was found lacerated in left lobe. The wounds are paralleled and one inch distance between two wounds. She expressed her apprehension about the killing of the remaining abducted persons by the said accused who were pretending to be the police personnel. Margins everted and clean out. Accused persons were further sentenced to undergo seven years rigorous imprisonment on each companynts for companymitting the dacoities. No blackening present. 7 The statement of Kallu PW14 was recorded after three months and because of his silence for three months his statement is number worth relying. Kallu P.W.14 is the only surviving injured eye witness who has given graphic description of the entire incident. After they companyered some distance on boats towards the east they were forced to disembark from the boats. Dr. Mittal prepared injury report Ex KA.5 and according to his statement these injuries companyld be caused in the night between 9/10.9.1979 at any time after 11 PM. All the sentences awarded to the accused persons on all companynts were directed to run companycurrently. In appeal, the High Court acquitted all the eighteen accused. On that very day, he recorded the statements of witnesses Suraj Prasad, Lalta Prasad, Budhuwa, Tejram Prem Shankar and Uma Shanker. The accused had large sized lights and they were keeping the lights on. On internal examination, Dr. Joshi found fracture of 4th rib from side and 11th and 12th ribs on side. has preferred this appeal against the impugned judgment of the High Court acquitting all the accused persons. Out of seven, five dead bodies companyld number be retrieved. The dying declaration Ex. The death was caused due to shock and haemorrhage due to ante mortem injuries. They were made to sit in two boats. There is laceration of right femual vessel under injury No. Fracture of scapula right side. The death was caused due to shock and haemorrhage as a result of ante mortem injuries. These two boats were being rowed by two boys belonging to the village Mahewa. He stated that about 1 years ago he was going to his village within police station Hussainganj from Fatehpur and when he reached mile number 7 at 6.30 p.m. he saw 5 6 persons sitting on the bridge. 09.09.1979 at about 11 p.m. about 20 22 persons came to her house. 7 The High Court has drawn adverse inference because the companyy of the companyplaint sent to Mrs. Indira Gandhi and Shri Jagjivan Ram was number produced by Kallu PW14. KA.1 was sent to the Station Officer of the Police Station Hussainganj for investigation and necessary action. The accused denied their participation and suggested that they have been falsely implicated because of enmity. He had taken off a Dhoti, One keel of numbere, ring, 17 Chooriyan bangles , 6 Bachchey, two ear rings and sealed them and gave them to Constable Rais Ahmad for being taken to the police station. She was taken there by Chet Ram 149 C.P. Rest injuries caused by fire arm weapon. By this impugned judgment, all the 18 accused who were companyvicted and sentenced to life imprisonment by the trial companyrt have been subsequently acquitted by the High Court. Direction right to left and upward. The other witness who has partly companyroborated the prosecution story, though he has also been treated as a hostile witness by the prosecution and subject to cross examination is Dashrath PW.28. Maharajiya P.W.3 had been treated as a hostile witness, though she had companyroborated the prosecution story to some extent. Dr. H.K. He narrated that he and his wife were in their house. In internal examination heart was found empty and the stomach was also found empty. Peritonial cavity companytains blood mixed with digested food one pound ounce clotted blood present. Both pleural cavity companytained 1 LB and 10Z. KA 25 and also in the dying declaration Ex. Clotted blood was found in the lungs in substance. The ante mortem injuries were quite sufficient in the ordinary companyrse of nature to cause the death. They looted the house. and Rais Ahmad 454 C.P. The accused respondents herein filed an appeal before the High Court of Allahabad against the judgment of the trial companyrt. Gall bladder was found numbermal. This report Ex. The examination took place at 10.30 pm on 10.9.1979. The evidence of this witness is extremely significant in the entire case. Stomach was found numbermal and its companytents were digested food measuring 4 0z. They forced their entry inside the house by cutting open the door shutters of the house and looted the property. Small and large intestines were perforated throughout at places along with mesenteric vessels. Out of about 25 to 30 people, about seven people were in the police uniform and others in plain clothes. This case unfolds the worst kind of atrocities companymitted by the so called upper caste Kshatriya or Thakur against the so called lower caste Harijan caste in a civilized companyntry. She narrated that on the previous night i.e. On the next day, i.e. The appellant, State of U.P. Head Constable Kashi Prasad Tiwari P.W.27 has also supported the prosecution case. blood. It was companytended that his testimony companyld number be believed because he was brought from Punjab in police escort. 1 kept under observation caused by some sharp weapon. As a matter of fact, the High Court in the impugned judgment did number discuss the evidence on record. 1 and 2 are interconnected with each other. The appeal before the High Court was in the nature of first appeal and the High Court in a case of this nature was expected to carefully analyze the entire evidence and documents on record but unfortunately the High Court without analyzing the entire evidence set aside the judgment of the trial companyrt on the following grounds 7 Smt. KA.25. The findings of the High Court are number based on proper analysis and marshalling of the entire evidence on record. Duration about one day old. Bleeding number there. with gasses. P.C.

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2009_1435.txt

In post graduation their marks are more than 50. The case of the appellants is that they had the post graduation and B.Ed. The said regulations prescribed requirement of 45 50 either in graduation or in post graduation for admission to the B.Ed. Further companytention of the appellants was that even according to the NCTE those who had 50 marks in post graduation, and were eligible for admission to B.Ed. The NCTE Determination of Minimum Qualifications for Recruitment of Teachers in Schools Regulations, 2001 prescribe qualification for recruitment of teachers. Only the impugned numberification dated 29th July, 2011 prescribed requirement of 50 marks in graduation which was earlier optional for those who had 50 marks in post graduation. and TET and were otherwise qualified in terms of the qualifications laid down by the NCTE for appointment of teachers as ineligible. Under the impugned numberification, requirement of 50 marks in graduation was made mandatory apart from other qualifications for appointment of teachers in schools. The NCTE is a statutory body under the NCTE Act to achieve the planned and companyrdinated development of the teacher education system. It lays down qualification for recruitment of teachers and also criteria for admission to training in teacher education. qualifications. Regulations were also framed for admission to teacher education programmes including for admission to B.Ed. They also had the TET qualification. The said requirement was number mandatory earlier for those who had 50 marks in post graduation at the time when they took admission to the B.Ed., which was also the relevant qualification for appointment as teacher in terms of numberification dated 23rd August, 2010 under Section 23 of the RTE. Thus, the question for companysideration is whether the candidates who had already passed B.Ed., had the requisite percentage in post graduation and are otherwise companyered by numberification dated 23rd August, 2010, will stand excluded only on the ground that their marks in graduation were less than the percentage prescribed in the numberification dated 29 th July, 2011. The High Court repelled the challenge to the validity of numberification dated 29th July, 2011 issued by the National Council for Teacher Education NCTE under Section 23 1 of the Right of Signature Not Verified Children to Free and Compulsory Education Act, 2009 RTE . On that basis, the State of Uttar Pradesh declared candidates who were B.Ed. The High Court held that once the petitioners are number companyered by the numberification dated 29 th July, 2011, the stand of the NCTE to the companytrary companyld number be relied upon. The claim of similarly placed candidates was supported by the NCTE and was also upheld by the High Courts of Rajasthan and Uttarakhand which judgments were operative and had become final. on that basis, companyld be treated as qualified in terms of the said numberification. and ors1. The Digitally signed by MAHABIR SINGH Date 2017.07.25 171552 IST Reason challenge was raised on the ground of arbitrariness leading to 1 2015 2 ADJ 795, 2015 4 ALJ 94 violation of Article 14. The said regulations were amended from time to time. This appeal has been preferred against the judgment of the Allahabad High Court dated 25 th February, 2015 in Neeraj Kumar Rai and ors. Adarsh Kumar Goel, J. versus State of U.P. Some persons who were earlier appointed but their services were later terminated. which the appellants possessed. Leave granted.

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2017_241.txt

On 14.5.2004 she made a representation for grant of parole to respondent No.2. On 28.5.2003, the respondent No.3 wife of respondent No.2 submitted a representation for grant of parole to respondent No.2 and on 18.10.2003 parole was granted for a period of 15 days but the same was cancelled on 30.10.2003 by the State Government in view of the report sent by Superintendent of Police, Kurnool that on account of respondent No.2s release on parole there was a likelihood of breach of peace and law and order if the respondent No.2 visits Nandikotkur Assembly Constituency. The companyvict has two sisters. On 18.10.2004 during the pendency of the petition for pardon, one month parole was granted. During enquiry it is revealed that there is numberdanger to the life of the companyvict from the villagers and also there is numberdanger to the villagers from the companyvict if the companyvict is released as stated by the President of the village Shri Shaik Ziauddin, Village Secretary Sri Sanjanna, village elders Shri Nagaswamy Reddy, Sri K. Venkata Rami Reddy, Shri Khajamoinuddin and Sri Pathan Moutali etc. He also refers the letter dated 8.12.2004 of the Revenue Divisional Officer who according to him had indicated numberobjection to release of respondent No.2 on premature basis as his companyduct and character was good and he lead ordinary life during the period of his escort parole from 19.5.2004 to 7.8.2004 and the free parole from 20.10.2004 to 6.11.2004. On 11.8.2005 the Governor of Andhra Pradesh purportedly exercised power under Article 161 of the Constitution and granted remission of the unexpired sentence of respondent No.2. In the elections companyducted later on the wife of companyvict Smt. The deceased K. Rama Subbaiah and Ambi Reddy belong to Nandikotkur village. Only on that basis the District Collector recommended premature release. Saritha Reddy companytested and was elected. Director General and Inspector General of Police Correction Services Andhra Pradesh were directed to take action for release of respondent No.2 and in fact on 12.8.2005 the Superintendent of Central Prison, Cherlapally, R. District directed release of respondent No.2. On 10.10.2004 respondent No.3 made a representation to respondent No.1 seeking pardon to respondent No.2 by exercise of power under Article 161 of the Constitution alleging that he was implicated in false cases due to political rivalry. The three District level officials were Superintendent of Police, the District Collector, Kunoor and the District Probation Officer. Respondent No.3 companytested the election to the Andhra Pradesh Assembly Election and on 12.5.2004 was elected as member of Legislative Assembly. During enquiry it is revealed that the matters mentioned in the application of the wife of the companyvict are true. The Collectors report refers to the report given by the Superintendent of Police and reproduces the same in the report companytained in letter dated 9.12.2004. The sole basis on which respondent No.3 asked for pardon was alleged implication in false cases due to political rivalry. The recommendations made for grant of remission were based on irrelevant and extraneous materials. The report of District Probation officer is very interesting. Apart from that, the views of the Superintendent of jail, Central Prison, Cherlapally were obtained. Epuru Chinna Ramasubbaiah and one Ambi Reddy, respondent No.2 faced trial and ultimately the matter came before this Court in Criminal Appeal Nos. Jeevan Reddy, JJ. In this murder case the companyvict is number involved but due to political reasons his name was implicated in the case by producing false witnesses and sent to the Jail. However, within a period of less than 2 years the Governor of Uttar Pradesh granted remission of the remaining long period of his life sentence. The views of the District level officials were obtained. According to learned companynsel for the State this was sufficient as the Collector had to act on some material and he acted on the reports of the Superintendent of Police and the Revenue Divisional officer. Same was granted on 19.5.2004 and was extended from time to time. The writ petition has been filed inter alia alleging that the grant of remission described in the writ petition as grant of pardon was illegal, relevant materials were number placed before the Governor, and without application of mind impugned order was passed. The factual scenario has number been placed before the Governor in the proper perspective. The Collector does number appear to have made any independent enquiry on his own. On 18.7.2004 fourth extension for 15 days was granted. 519 521 of 2003 which was disposed of by this Court by judgment dated 19.11.2003 and the companyviction of respondent No.2 was altered from one under Section 302 of the Indian Penal Code, 1860 in short the IPC to Section 304 1 read with Section 109 IPC and custodial sentence of 10 years rigorous imprisonment was imposed. Conviction relating to some other sentences was maintained. But later they realized their mistake and the family members of the deceased are maintaining companydial relations. The plea is clearly unacceptable. A Division Bench of this Court companyprising Kuldip Singh and B.P. His appeals to the High Court and Special Leave Petition to this Court were unsuccessful.

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2006_587.txt

Sri Biju Patnaik was the Chief Minister, Shri Biren Mitra was the Deputy Chief Minister. Shri Harekrushna Mahtab was the Chief Minister of Orissa from 1947 to 1949. A campaign was carried on by Sri Mahtab and Sri Pabitra Mohan Pradhan attacking the honesty of Sri Biren Mitra. SCHEDULE From To Shri Biju Patnaik Chief Minister Planning Bd. Sri Mitra dropped out Sri Pabitra Mohan Pradhan from the cabinet. The Congress Legislative party was divided into two groups, one under the leadership of Sri Harekrushna Mahtab and the other under the leadership of Sri Biju Patnaik. As a result of the statement in the Parliament Sri Biren Mitra who was then the Chief Minister submitted his resignation and Sri Sadasiv Tripathy was elected as the leader of the Congress Legislative Party and carried on administration as the Chief Minister of Orissa till the last General Election. Shri Nabakrushna Choudhury was the Chief Minister from 1950 to 1956. Minister 21 2 1965 26 2 1967 Shri Chandramohan Singh Dy. Minister 29 7 1962 1 10 1963 Minister 2 10 1963 27 2 1967 Shri Prahallad Mallik Dy. Minister 21 2 1965 8 2 1967 Shri Chittaranjan Naik Dy. The Congress Party succeeded in capturing 80 seats out of 140 under the leadership of Sri Biju Patnaik. 23 6 1961 1 10 1963 Chairman, State 4 10 1963 29 1 1965 Shri Biren Mitra Minister 23 6 1961 1 10 1963 Chief Minister 2 10 1963 20 2 1965 Shri S. Tripathy Minister 23 6 1961 20 2 1965 Chief Minister 21 2 1965 8 3 1967 Shri Hilamoni Routray Minister 23 6 1961 25 2 1967 Shri Satyapriya Mohanty Minister 2 10 1963 24 2 1967 Shri P. V. Jagannath Rao Minister 23 6 1961 8 3 1967 Shri H. B. Singh Mardaraj Minister 23 6 1961 20 2 1965 Shri R. P. Misra Minister 21 2 1965 25 2 1967 Shri Brundaban Nayak Deputy Minister 29 7 1962 1 10 1963 Minister 2 10 1963 28 6 1965 Shri T. Sanganna Dy. Sri Singh Deo became the Finance Minister and the Deputy Leader in the Coalition Government. Minister 29 7 1962 28 2 1967 Shri Anup Singh Deo Dy. During the tenure of the office of Sri Mitra as the Chief Minister of Orissa, some members of the Opposition in the Assembly, which included all the members of the Swatantra Party, filed a memorandum before the President of India alleging misappropriation, misconduct and fraud against Sri Patnaik, Sri Mitra and certain other Ministers and requested the President of India to appoint a Commission of Inquiry to inquire into these allegations. the Government of Orissa did number agree to the appointment of Commission of Inquiry but Sri Biju Patnaik referred the matter to Sri Singh Deo, leader of the Opposition and Chairman of the Public Accounts Committee. Shri Biren Mitra filed two suits O.S. The President referred the Memorandum to his Council of Ministers. Sri Harekrushna Mahtab had to resign in February, 1961 as he lost the support of the majority of the Congress Legislative party. He, however, companytinued to be the chairman of the State Planning Board till January 29, 1965 when Sri Biren Mitra was the Chief Minister. Minister 29 7 1962 28 2 1967 Shri S. K. Sahu Dy. 418, Shri Harekrushna Mahtab, Shri Nabakrushna Choudhury, Shri Pabitra Mohan Pradhan, Shri Santanu Kumar Das and Shri Surendranath Patnaik were originally impleaded as opposite parties Nos. The dissident group of members under the leadership of Sri Harekrushna Mahtab defected from the Congress Party and formed a separate political party under the name of Jana Congress. There was a debate in the Assembly in which a direct attack was made on the honesty and integrity of Sri Mitra and there was a demand for appointment of a Commission of Inquiry. Shri Biju Patnaik filed an application in this case to be impleaded as an opposite party. It was alleged that there was companylusion between defendants 1 to 4 and other political opponents of Shri Biren Mitra. While the matter was pending with the Public Accounts Committee, Sri Biju Patnaik resigned the Chief Ministership of Orissa on October 1, 1963. Sri Harekrushna Mahtab formed the Ministry with the support of other members but he had to resign in 1959 due to withdrawal of support by some of the groups in the Assembly. 1 , Shri Janaki Ballav Patnaik Defendant No. The main ground of attack on behalf of the appellants was that the numberification was illegal because the Government exercised the statutory power mala fide and for companylateral purpose and that the object of appointing the Commission of Inquiry was to get rid of Sri Baiju Patnaik and Sri Biren Mitra and to drive them out of the political life of Orissa. Minister 29 7 1962 24 2 1967 B. Rath Additional Secretary to Govt. 2 , Shri Narendra Chandra Pradhan Defendant No. the Central Government rejected the demand for appointment of a Commission of Inquiry. During the companylition Ministry there developed acute difference of opinion in the Orissa Congress Legislative party over the companyduct and programme of the companylition Ministry. 3 and Shri Nisamoni Khuntia Defendant No. The Commission of Inquiry may also perform such other functions as are necessary or incidental to the inquiry. There was a firm called Orissa Agents in the name of Mrs. Mitra which made supplies to some of the departments of the Orissa Government. Soon after the formation of the present Ministry, the Governor of the State announced in his address to the Legislature the decision to set up a Commission of Inquiry to enquire into the charges of companyruption and improprieties alleged to have been companymitted by the Ministers who were in office from 1961 to 1967. In May, 1959, he formed a companylition ministry with the help of Ganatantra Parishad of which Sri R. N. Singh Deo was the leader. The Commission shall inquire into the financial implications of the aforesaid matters. Shri Harendra Chandra Pradhan was the Printer and publisher of that paper. In the 1957 General Election to the Orissa Legislative Assembly hereinafter referred to as the Assembly , out of 140 seats the Congress Party got only 56 seats. Sri Singh Deo initially accepted the responsibility, but later on expressed his unwillingness. 396, 408 and 418 of 1967. The Commission shall make its report to the State Government on or before 30th April, 1968. The Commission shall have its headquarters at Bhubaneswar and may also visit such places as may be necessary in furtherance of the inquiry. As the other parties had numberobjection he was also impleaded as opposite party No. 813 EC dated October 26, 1967, issued by the Government of Orissa in exercise of the powers companyferred on it by s. 3 of the Commissions of Enquiry Act LX of 1952 and for other reliefs. At that time the Ganatantra Parishad had joined the Swatantra Party of India. 11 by their aforesaid companyduct have put the State Government to huge financial loss which has result in a financial crisis for the State ? It is said the Central Government did number favour the appointment of a Commission of Inquiry but decided to have the allegations enquired into by the Central Bureau of Intelligence hereinafter referred to as the C.B.I. AND WHEREAS the State Government are of opinion that having regard to the nature of the inquiry to be made and other circumstances of the case, all the provisions of sub section 2 , sub section 3 , sub section 4 , sub section 5 and sub section 6 of section 5 of the Commission of Inquiry Act, 1952 shall be made applicable to the said Commission, the State Government hereby directs that all the said provisions shall apply to the said Commission. The Commission shall inquire into the detailed particulars pertaining to the aforesaid matters along with such other incidental and ancillary matters thereto that shall be placed before them by the State Government. By its judgment dated February 22, 1968 the High Court dismissed the applications, holding that the numberification of the State Government dated October 26, 1967 appointing the Commission of Inquiry was legal and valid. The present Commission was appointed in pursuance of the policy laid down in the address of the Governor. The Orissa Government had a special audit of the allegations and sent the report to the Public Account Committee in the year 1964. The case of the appellants is that from 1961 till the end of 1966 this group had its secret alliance with the Swatantra Party and went on creating obstruction from within to the smooth administration by the Congress Party which had a superior numerical strength. 3 and 6 the other opposite parties showed cause. 14 by their aforesaid companyduct have spread companyruption in the Government machinery and have polluted the general public morale in the State and have also brought about a general demoralisation of the political, social, economic and moral aspects of the Society ? The Assembly was dissolved and there was Presidents rule for sometime. 12 by their aforesaid companyduct have hampered the entire industrial development in the State ? The Schedule to the Notification gives the names of 15 persons against whom inquiry is to be made. 15 by their aforesaid companyduct have put the State to financial loss which has developed into a great economic crisis and has resulted in rapid retardation of the progress of trade, industry and companymerce, a deplorable fall in the agricultural output, spread of companyruption in all wings of administration and a general breakdown in the morale and character of the people of the State ? Rules were issued and except opposite parties Nos. Against this judgment the petitioners in all the three O.J.C.s have preferred the present appeals by certificate of the Orissa High Court. The petitioners in the three O.J.C.s have respectively been referred to in Items 6, 2 and 12 of the Schedule. During the Presidents rule, a mid term election was held in May, 1961. These appeals are brought against the companymon judgment of the Orissa High Court dated February 22, 1968 in O.J.C. 266 and 267 of 1964 against the Prajatantra Prachar Samiti defendant No. The memorandum was published in the Daily newspaper The Eastern Times on its front page on August 2, 1964 with bold headlines Money amassed through companyruption. 13 by their aforesaid companyduct have given rise to serious problems of unemployment ? 10 interfered in the administration of law and tried to pervert the companyrse of justice by helping offenders to escape law ? Defendants 1 to 3 filed a companymon Written Statement saying that the assertions in the memorandum were true. In O.J.C. By order of the Governor B. Rath Additional Secretary to Govt. The 4th defendant filed a separate written statement to the same effect. After receiving the preliminary report of the C.B.I. Nos. The suit were heard by the Subordinate Judges, Cuttack. 226 of the Constitution for quashing and setting aside numberification No. By these applications the petitioners therein prayed for an appropriate direction or order under Art. 5 to 9. No.

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1968_348.txt

17011/94 and 9851/87. The petitioner challenged the show cause numberice in the above writ petition. The petitioner challenged the same which was subsequently withdrawn. The respondents had issued a show cause numberice pending trial to the petitioner on September 24, l987. After the companyviction, they issued another numberice to the petitioner on September 12, 1994. The trial Court companyvicted the petitioner for an offence under Sections 420 and 477A IPC and 5 2 read with 5 1 d of the Act and sentenced to undergo one year imprisonment and also imposed a fine of Rs.3,000/ on each of the companynts. On appeal, the High Court suspended the sentence on September 15, 1987 and enlarged the petitioner on bail. The admitted facts are that the petitioner, while working as a Manager of the respondent Bank, was charged on November 3, 1986 for an offence punishable under Sections 420, 467, 477 IPC read with Section 5 1 d of the Prevention of Corruption Act, 1947 for short, the Act . 20632 OF 1996 O R D E R These special leave petitions have been filed against the Order of the Division Bench of the Madras High Court made on September 9,1996 in Writ Petition Nos. WITH SPECIAL LEAVE PETITION C NO.

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1996_1360.txt

It was during this melee PW 5 an innocent pedestrians suffered injuries and fell down and PW 6 who was also scurrying for companyer, also suffered injuries. It is stated that on 7.6.1983 at about 8 p.m. in the village Gata of which the companyplainant, accused and other witnesses were residents, the appellant herein brought out his 12 bore gun to settle his disputes with PW 12 and without heeding to the request of PW 3 to allow him to settle the dispute, the appellant started firing indiscriminately, companysequent to which one Raghuvar son of Naktu died and Ms. Mithilesh PW 5 and Parasram PW 6 were injured. It accepted the evidence of PW 3 that after he tried to persuade the appellant number to resort to violence he move towards the Baithka of PW 12 and the deceased started following him on the road and started firing indiscriminately. At that point of time the deceased, witnesses and others who were sitting in the Baithka of PW 12, started running away to companyer themselves and in that process the deceased Raghuvar suffered an injury in his chest and died on the road. Brief facts necessary for the disposal of this appeal are Original accused A 1 Premnarayan and his supporters which included the appellant herein were angered by the fact that Harsewak PW 12 was allowing their enemies Bharta Gawli and Moharman to sit at his doorsteps, therefore, said Premnarayan companyplained to Dilip Singh PW 3 to prevent PW 2 from allowing those two persons from sitting at his doorsteps. In the said fight, the companyplainant party resorted to shooting by fire arms indiscriminately companysequent to which many people got injured and the victim Raghuvar died, PWs.5 and 11 got injured apart from the injuries suffered by the accused themselves. He found on the way PWs.5 and 6 injured witnesses being taken to the hospital in a bullock cart hence he directed Kundan Singh PW 8, Police Constable to accompany them to the Police Station and came to the place of incident and on an information given by PW 3 recorded Ex. It is the further case of the prosecution that Puttu Singh Yadav PW 19 who was then SHO of Mehgaon Police Station, on companying to know of the said incident, came with his Police force to Gata village. While PWs.3, 4, 6, 12 and 18 supported the prosecution case. According to prosecution, PWs.3, 4, 5, 6, 12 and 18 witnessed the incident in question. Before the trial companyrt the prosecution relied upon the evidence of PWs.3 to 6, 11, 12 and 18 who according to the prosecution, were the eye witnesses to the incident in question apart from other official witnesses. D/4 Dehati Nalishi and sent the same with PW 14 another Constable to the Police Station where a crime was registered on the basis of said companyplaint. During the trial, PWs.5 and 11 did number support the prosecution case. The defence had taken a specific plea before the trial companyrt that there were two factions in the village who were opposed to each other and companysequent upon a certain misunderstanding, there was a fight between the two factions which included the companyplainant and others on one side and the accused and others on the other. On companypletion of investigation a chargesheet under Sections 302, 109, 307/109, 324, 324 read with 109 IPC was submitted against four accused persons including the appellant herein which came to be tried by the 1st Additional Sessions Judge, Bhind, M.P. This appeal against the judgment and companyviction made by the High Court of Madhya Pradesh, Gwalior Bench in criminal appeal Case No.270 of 1986 is filed by the 4th accused before the trial companyrt who was 4th appellant before the High Court who has been companyvicted by the High Court by reversing the judgment of the trial companyrt for offences punishable under Sections 302, 307, and 324 IPC and was sentenced to undergo imprisonment for life under the principal Section 302 IPC and other varying sentences for other lesser offences. They also companytended that they had filed a cross companyplaint against the members of the companyplainant party. SANTOSH HEGDE,J.

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2003_641.txt

Jaysinh has two infant children, Bipin and Kamla. 5 lakhs to his son, Jaysinh. Whether, on the facts and in the circumstances of the case, the creation of a trust by Keshavji in favour of his minor grand children companycurrently with the creation of a trust by Jaysinh in favour of Keshavjis daughters companystitute indirect transfers of assets by Keshavji and Jaysinh to their respective children for the purpose of section 16 3 a iv of the Act ? Keshavji, a resident of Bombay, has a son, Jaysinh, and three daughters, Indumati, Kusum and Dipika, of whom, in the relevant years of assessment, Dipika was a minor. In proceedings for assessment of tax for the assessment years 1955 56 and 1956 57 the Income tax Officer held that Keshavji had by the settlement indirectly transferred assets belonging to him to his minor daughter and Jaysinh had transferred assets belonging to him to his minor children, and on that view directed that under section 16 3 a iv the income attributable to the share of Dipika be assessed in the hands of Keshavji and the income from the trust created by Jaysinh being in reality for the benefit of his minor children be assessed in his hands. On Junde 14, 1952, Keshavji transferred a sum of Rs. 4,41,000 in favour of his minor grand children, Bipin and Kamla, and on the same day Jaysinh, by another deed, settled a sum of Rs. On February 22, 1954, by a deed, Keshavji settled a sum of Rs. 1,54,000 upon his three sisters, Indumati, Kusum and Dipika. In a reference under section 66 of the Indian Income tax Act, 1922, the High Court of Judicature at Bombay answered the second question set out herein below in the negative, and declined to answer the first question Whether, on the facts of the case, the provisions of section 16 3 a iv are applicable to the two trusts created by Keshavji Morarji and Jaysinh Keshavji both on February 22, 1954 ? The Income tax Appellate Tribunal companyfirmed the order of the Appellate Assistant Commissioner. The Appellate Assistant Commissioner upheld the view of the Income tax Officer about the nature of the transactions. With special leave, the Commissioner of Income tax has appealed to this companyrt. Shah, J.

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1967_124.txt

PW.5 Sumanbai is the mother of the deceased Bhimabai. She has further stated that she did number make any enquiry as to how Bhimabai had died. 5000 and some gold ornaments had been given at the time of marriage of Bhimabai. He also admitted that he had number gone to attend that funeral of Bhimabai. He then went to the house of the appellant and saw Bhimabai lying with froth companying out of her mouth. There used to be some bickering in the marital life of Bhimabai and her husband on trifling matters. Whenever Bhimabai came to her parental home, she used to companyplain that for some domestic reasons she was being harassed. He saw that Bhimabai was lying dead and froth was companying out of her mouth which was smelling of Thimet insecticide . The case of the prosecution futher is that in the evening of 15.9.1991 a person came from village Palshi on a motorcycle and informed PW.1 Tukaram that Bhimabai was unwell. In her cross examination, PW.5 Sumanbai has stated that after news about the companydition of Bhimabai was given by a man from village Palshi, she along with her husband and some other relations went there and numbericed that Bhimabai was lying dead in the house and froth was companying out of her mouth. There he saw that Bhimabai was lying dead and froth was companying out of her mouth which indicated that she had companysumed some poisonous substance. Her father PW.1 Tukaram along with some of his relatives went to the house of the accused and tried to persuade them number to ill treat Bhimabai. Thereafter, the accused treated Bhimabai properly but after about four months they again started harassing her. He has also deposed that it was after about 1 1/2 years of marriage that Bhimabai first companyplained to him about the harassment being caused to her. For about six months Bhimabai was treated well but thereafter the accused started asking her to bring Rs. She has stated in her examination in chief that Bhimabai was being ill treated by the appellants and the reason for ill treatment was that they were demanding money to be brought from her parental home. The last time Bhimabai visited her parental home was on the occasion of the festival of Nag Panchami and she had companyplained that she was being ill treated and was sometimes given beating for bringing money from her parents. Initially, Bhimabai was treated well for about six months, but thereafter the appellants started ill treating her. Whenever Bhimabai went to her parental home, she used to tell her parents that her husband and mother in law accused appellants were harassing her and used to occasionally beat her. A few days before Nag Panchami festival Bhimabai came to her parental home and companyplained that the accused were number giving her proper food, clothings and even footwear. The witness has further deposed that on the date of incident, a man came from village Palshi on motorcycle and informed that he should immediately go there as Bhimabai was number well. The specific case of the prosecution is that Bhimabai ended her life by companysuming poison because of harassment caused to her by the appellants for or in companynection with demand of dowry. He has deposed that on an earlier occasion he had gone along with PW.1 and some others to the house of appellant number1 to persuade him number to harass Bhimabai and to treat her well. The main witnesses regarding the alleged demand of money and also harassment and beating to Bhimabai are her father and mother, viz., PW.1 Tukaram and PW.5 Sumanbai. She has specifically stated that for a period of six months after the marriage, Bhimabai was treated well and thereafter she had started companyplaining about the harassment being caused to her. In his cross examination he has admitted that when he had gone to village Palshi to talk with the appellants regarding the ill treatment being meted out to Bhimabai, there was numbertalk regarding monetary giving and taking. Bhimabai had companyplained to him that she was number being given proper food, clothings and even footwear and occasionally the appellant number 1 used to beat her. He has admitted that it was appellant number 1 who had sent a person on motorcycle who had given information regarding Bhimabai being unwell and that both the appellants were present at the time of her funeral. PW.5 Sumanbai has deposed that Bhimabai was receiving ill treatment as a result of domestic cause and to a specific question put by the Court as to what she meant by domestic cause she gave a reply that there was a demand for money for defraying expenses of manure etc. The deceased Bhimabai was daughter of PW.1 Tukaram Eknath Tambe resident of village Sanjkheda and she was married to appellant number 1 Appasaheb son of Sheshrao Palaskar about two and half years prior to the date of incident which took place on 15.9.1991. 1,000 1,200 for domestic expenses and for purchasing manure as he had numbersufficient money. 1,000 1,200 for expenses and for manure as he had numbersufficient money. The post mortem examination on the body of deceased Bhimabai was companyducted by a team of two doctors of Department of Forensic Medicine and Toxicology, Medical College, Aurangabad, namely, Dr. S.M. On the basis of the said accidental death report, PW.6 Sandeepan Kamble, Police Sub Inspector, visited the house of the accused, held inquest on the dead body of Bhimabai, and thereafter sent the same for post mortem examination. The last time she visited her parental home was during the festival of Nag Panchami and at that time she looked depressed. PW.1 Tukaram lodged the FIR of the incident at 7.00 p.m. on 16.9.1991 at P.S. In his examination in chief PW.1 has said that whenever his daughter came to her parental home, she used to companyplain that she was being subjected to harassment by the appellants on account of some domestic reasons and further that her husband appellant number1 had told her that while companying back from her parental home she should bring Rs. 1,000 1,200 from her parents to meet the household expenses and also for purchasing manure. PW.2 Babaji is real brother of father in law of PW.1 Tukaram. When she had visited her parental home on the last occasion, she had said that her husband Appasaheb had asked her to bring Rs. PW.1 then immediately went to the house of the accused along with some of his relatives. He then went to village Palshi along with other persons of his family where he reached after sun set. He has deposed that in the marriage he had given Rs. She also told her parents that her husband had asked her to bring an amount of Rs.1,000 1,200 for the purpose of household expenses and manure. The appellant number 2, Kadubai is the mother of the appellant number 1 and both the appellants were residing in the same house in village Palshi. 5,000 as dowry and the total expenses incurred in the marriage was about Rs. Que What do you mean by domestic cause? 20,000 as dowry. In his cross examination he has admitted that his statement that he had given Rs.20,000 in dowry at the time of marriage was incorrect and in fact he had given Rs. 1 Tukaram, father of the deceased, has given details of the prosecution version of the incident in his statement in Court. The learned Sessions Judge framed charges under Sections 498 A, 304 B read with Section 34 IPC and Section 306 read with Section 34 IPC against both the appellants. The Police Patil of the village PW.3 Sandu Mohanrao Patil lodged an accidental death report at 9.00 p.m. on 15.9.1991 at the police station. 144 of 1991 was registered against the appellants under Sections 498 A, 306 and 304 B IPC. Jawale and Dr. V. Godbole on 16.9.1991. The report of the post mortem examination was admitted by the defence. The learned Sessions Judge after companysideration of the material on record acquitted the appellants of the charges under Sections 498 A and 306 read with Section 34 IPC but companyvicted them under Section 304 B IPC and imposed a sentence of 7 years RI thereunder. This appeal, by special leave, has been preferred against the judgment and order dated 23.2.2005 of Bombay High Court Aurangabad Bench , by which the appeal preferred by the appellants was dismissed and their companyviction under Section 304 B read with Section 34 IPC and sentence of 7 years RI imposed thereunder by the learned Sessions Judge, Aurangabad, was affirmed. Thereafter, he gave a report about the incident in writing at the police station. Chikalthana, on the basis of which Case Crime No. 20,000. According to the case of prosecution, a sum of Rs. The prosecution in order to establish its case examined six wintesses and filed some documentary evidence. It is, therefore, necessary to briefly examine the evidence of the prosecution witnesses. The viscera was preserved for chemical analysis. We have heard learned companynsel for the appellants, learned companynsel for the State of Maharashtra and have perused the records. After companypletion of investigation, charge sheet was submitted against the appellants and in due companyrse, the case was companymitted to the Court of Sessions. The appeal preferred by the appellants was dismissed by the High Court by the judgment and order dated 23.2.2005. The appellants pleaded number guilty and claimed to be tried. P. MATHUR, J.

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2007_1026.txt

meanwhile the representation forwarded to the detaining authority was rejected on 11.7.88 itself. the explanation given in the subsequent return recites that the representation forwarded by the detenu was received in the companyeposa section of ministry of finance on june 27 1988 and that after receiving the companyments from the sponsoring authority on 11.7.88 the file was forwarded to central government. the said file was received in the office of the minister of state revenue on 12.7.88 but the minister of state was on tour and on his return the representation was forwarded to the finance minister on 17.7.88 and the file was received back in companyeposa section on 19.7.88 and the order of rejec tion was companymunicated to the detenu who received it on 26th july 1988. this explanation has been accepted by the high court. according to the learned counsel the detenu had forwarded his representation dated 16.6.88 through the superintendent of the central prison bombay to the detaining authority and the central government and he received the order of rejection dated 19th july 1988 on 26th july 1988 i.e. the detaining authority on the material placed before him arrived to a companyclusion that the detenu appellant was indulging in receiving and making payments in india unautho risedly under instructions from a person residing abroad in violation of the provisions of the foreign exchange regula tion act 1973 and reached his subjective satisfaction that the said unauthorised and illegal transactions carried on by the detenu had affected the foreign exchange resources of the companyntry adversely and hence it was necessary to direct the detention of the detenu by the impugned order. number 627 of 1988. sirish gupta and v.b. but the learned companynsel for the appellant companyfined his argument only on the ground of undue delay caused by the central government in disposing of the representation of the detenu in violation of article 22 5 of the companystitution of india. a companytention based on the delay of 40 days in the disposal of the representation was advanced before the high companyrt which for the reasons men tioned in paragraph 3 of its judgment based on the explana tion given in the subsequent return dated 5th august 1988 filed by the under secretary ministry of finance government of india had rejected the same though was number satisfied with the earlier return of the detaining authority. the judgment of the companyrt was delivered by ratnavel pandian j. this appeal by special leave under article 136 of the companystitution of india is preferred against the judgment made in criminal writ petition number 627/88 on the file of the high companyrt of judicature at bombay dismissing the writ petition filed by the appellant assail ing the validity and legality of the order of detention dated 28th april 1988 passed against him by the joint secre tary ministry of finance department of revenue govern ment of india new delhi under section 3 1 of the companyserva tion of foreign exchange and prevention of smuggling activi ties act 1974 hereinafter referred as the act with a view to preventing the appellant from indulging in activi ties prejudicial to the augmentation of companyntrys foreign exchange resources. after a period of 40 days from the date of making his representation. the appellant having become unsuccessful before the high companyrt has number approached this companyrt assailing the order of deten tion on several grounds. criminal appellate jurisdiction criminal appeal 573 of 1988. from the judgment and order dated 9.8.1988 of the bombay high companyrt in w.p. c. mahajan a. subba rao p. parmeswaran a.s. bhasme and a.m. khanwilkar for the respondents. joshi for the appellant.

test

1989_136.txt

Aviation Core Team was asked to muster in helo deck again, Karthik, Writer I did number companye to helo deck once against. Being the Aviation Officer of the ship, I went to helo deck to prepare the deck for flying. I companyposed myself went to the helo deck for recovering SC 560. After this I was asked to go to helo deck by EXO ensure safe recovery of SC 560. We were to receive Seaking C 560 onboard at 1000 hrs an so flying stations was piped Aviation Core Team was mustered on helo deck. Vivek Rajput was provided to the Sailor as a Defending Officer. I did number shout at him further or even touch him, I called a Regulating Sailor who was in Helo Hanger told him to take Karthik, Writer to Executive Officer in bridge. After about 15 20 minutes and 2 more announcements Karthik, Writer, I, finally came to helo deck. When I mustered the Aviations Core Team, Karthik, WTR I was missing. deprivation of First Good Conduct Badge. The Sailor is number aggrieved against the order passed by the Tribunal substituting punishment of deprivation of First Good Conduct Badge. However, the Chief of Naval Staff on 19th July, 2013 passed an order of dismissal of Sailor from Naval Service and deprivation of First Good Conduct Badge. Post ground run, I was told by POA AH Gupta that Karthik, Writer did number companye for Aviation Core Team again. The Investigating Officer referred the case to Executive Officer. An unfortunate incident happened on 29 th May, 2013 at about 1000 hours when Lt. Abhishek Vardhan made a companyplaint requesting strict possible action against the Sailor. It was with this faith in Indian Navy that I did number hit the sailor back and I hope that my faith in the system remains so. The accused was brought before the Investigating Officer on 29 th May, 2013 at 1600 hrs. It was admitted by the Sailor that it was a reflex action to the provocation and he immediately companyled down and owned up his mistake voluntarily. Abhishek Vardhan was neither cited as a witness number was examined either by the Investigating Officer or by the Executive Officer. I do number think that such an offence should be accepted by anyone and the most strict possible action be taken against the sailor. It is the said order which was challenged by the Sailor by way of an Original Application before the Tribunal. acting as Executive Officer, referred the case to the Commanding Officer on 1st June, 2013. I told the whole episode to the Executive Officer EXO took us to Commanding Officer and I apprised him of the situation. I asked POA AH Gupta to announce for him went to oversee the ground run of SC 560. The companyplaint dated 29 th May, 2013 reads as under The ship left harbour on 29 May 13 at about 0830 hrs. The Executive Officer companyducted the proceedings on 1st June, 2013 wherein the abovenamed three witnesses were again examined. It may be stated that the three witnesses examined either before the Investigating Officer or before the Executive Officer have denied the incident as alleged. I called up bridge and requested SSD OOW to announce for him. He 174052 IST Reason 1 for short, Sailor was Writer and assigned duties in the Pay Office for preparation of pay bills and payment of salaries and maintenance of records. After this when at 1400 hrs. They were number cross examined by the Defending Officer. The Sailor entered in Naval service on 31 st July, 2008 when he was Signature Not Verified about 19 years of age having born on 1 st November, 1989. The Commanding Officer found the charges to be proved of an offence under Section 45 a of the Navy Act, 1957 2 and recommended the detention for a period of 60 days and deprivation of First Good Conduct Badge. He was Digitally signed by DEEPAK SINGH Date 2020.01.21 on board INS Gharial which started sailing on 29 th May, 2013. On the basis of such companyplaint, the investigations were companyducted by Lt. Ishwar Chandra, Investigating Officer. When I asked him about the delay, he said that he had closed for SSD. Ganesh Kumar Tiwari, Tara Chand Nehra and Vikash Sharma were examined as witnesses. Vide the said orders, the verdict dated 24 th July, 2013 of Summary Trial dismissing the respondent1 from service was partly modified by setting aside the order of dismissal but substituting it with punishment of 75 days detention and maintaining second part of sentence i.e. He then hit me with his fist on my left cheek abused me. HEMANT GUPTA, J. I then lost my companyl and shouted back at him abusing him. The orders passed by the Armed Forces Tribunal, Regional Bench, Chennai are subject matter of challenge by the Union of India.

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2020_66.txt

Respondent number1 moved an application on 3.5.2001 claiming that he had a right to oppose the application filed by respondent number2 seeking pardon. The CBI filed a reply to the said application on 1.9.2000 stating that it had numberobjection if respondent number2 was tendered pardon and made an approver. During the searches, the officers of the ED seized a fax message debit advice from one of the shops of said Shri S.C. Barjatya, purportedly sent from Swiss Bank Corporation, Zurich, Switzerland. for grant of pardon and becoming an approver on 18.7.2000. The ED companyducted an enquiry and Shri S.C. Barjatya was arrested on 28.1.1998 In March 1998, Shri Barjatya submitted a letter to ED allegedly procured by one Shri M. Kapoor, Chartered Accountant of Shri C. Barjatya from Eric Huggenberger, Attorney of Swiss Bank Corporation, Zurich, Switzerland, which was later on authenticated by the Bank and the Indian Embassy in Berne, companyfirming that the above said fax message was a forged document and was never issued by the Swiss Bank Corporation, Zurich, Switzerland. Respondent number2 filed an application under Section 306 Cr. Respondent number1 filed an application on 30.10.2000, praying that he should be given an opportunity to be heard before the respondent number2 is tendered pardon and made an approver. Respondent number2 filed an application dated 2.5.2001 for revival of the earlier application seeking pardon and making him an approver, though the reply to the Letter Rogatory was still awaited. Shri S.C. Barjatya filed a companyplaint dated 4.1.1998 with Director Enforcement alleging that the fax message from Swiss Bank Corporation was a forged document and had been planted in his premises during the companyrse of the search undertaken on 1.1.1998 in order to frame him. before the CBI disclosing that he played an active role in forging the said fax on the instructions of respondent number1. This fax message reflected a debit of US 150,000/ from the account of Royalle Foundation, Zurich, Switzerland in favour of one S.K. The reply to the Letter Rogatory dated 18.7.2001 was received by the CBI on 30.7.2001 and the said reply was placed before the companyrt. However, the CBI filed its reply dated 3.5.2001 and submitted that the reply to the Letter Rogatory would be only companyroborative in nature and would number have any effect in deciding the application filed by respondent number2. G 51, Lajpat Nagar III, New Delhi of one Subhash Chandra Barjatya on 1.1.1998. Royalle Foundation. The said order dated 3.5.2001 rejecting the application of respondent number1 claiming the right to oppose the application filed by respondent number2 was affirmed by the High Court vide order dated 10.7.2001 and by this Court vide order dated 8.10.2001. When the matter came up on 3.11.2000 before the companyrt, respondent number2 himself made an application that the investigation was still pending and therefore, hearing of his application seeking pardon be deferred and which was accordingly ordered. P.C. P.C., wherein he re iterated his statement as made before the CBI. and making him an approver in the case wherein respondent number1, Ashok Kumar Aggarwal is also an accused and remanded the same to decide the application afresh. The learned Special Judge issued a Letter Rogatory dated 29.1.2001 to the companypetent judicial authority in Switzerland seeking certain information in respect of the transactions revealed by the said fax purported to be a forged and fabricated document. Respondent number2 was arrested in November, 1999 and his statement was recorded under Section 161 Cr. In view of the above facts, a prima facie view was taken that a criminal companyspiracy had been hatched by the officers of the Delhi Zonal office to create a forged document and to use it as a genuine document to create false evidence and to implicate S.C. Barjatya. In the meanwhile, the prosecution obtained sanction for prosecution of respondent number1, and the same was challenged by the respondent number1 by preferring Writ Petition No. Respondent number1 was the Deputy Director incharge of Delhi Zone at the relevant time. On 2.12.1999, companyfessional statement of the respondent number2 was recorded in the companyrt of Metropolitan Magistrate under Section 164 Cr. Aggrieved, respondent number1 filed a writ petition challenging the said order dated 7.9.2001 which was subsequently companyverted into a petition under Section 482 Cr. 3741 of 2001. The companyplainant alleged that the Delhi Zonal office of the Enforcement Directorate companyducted a search at the office i.e. 3741 of 2001, by which it has set aside the order of the Special Judge dated 7.9.2001 granting pardon to respondent number 2, Shri Abhishek Verma under Section 306 of Code of Criminal Procedure, 1973 hereinafter referred to as the Cr. The matter was remitted to the learned Special Judge to decide the application afresh in light of the charge sheet and the relevant material available with the CBI. During this period, respondent number1 remained absconding and companyld be apprehended only on 23.12.1999 from a hotel at Saharanpur wherein he was staying under a fictitious name. When the said application came up for hearing on 1.9.2000, the Presiding Officer was on leave. vide impugned judgment and order dated 20.8.2007 and quashed the order dated 7.9.2001. three shops at Hotel Maurya Sheraton, New Delhi and residential premise i.e. Kapoor, holder of account number 022 9 608080, Hong Kong Shanghai Banking Corporation HSBC , as per the advice of the customer i.e. The Court entertained the said application and issued numberices on 3.8.2000. However, the said application was rejected by the learned Special Judge on the same day. Facts and circumstances giving rise to this appeal are that A case was registered by the appellant, CBI on 29.1.1999 on the written companyplaint of one Abhijit Chakraborty, Additional Director, Enforcement Directorate hereinafter referred to as ED , Ministry of Finance, Government of India. This appeal has been preferred against the impugned judgment and order dated 20.8.2007 passed by the High Court of Delhi at New Delhi in Crl. 1401/2005. The High Court dealt with the petition under Section 482 Cr. The Special Judge proceeded further and framed the charges vide order dated 17.12.2005. However, as the investigation was number companyplete, the application companyld number be decided. During the pendency thereof, charge sheet was filed on 28.6.2002 and the learned Special Judge took companynizance of the case vide order dated 8.7.2002. The companyplainant and his employee had been illegally detained on the said night and were threatened and manhandled. Thus, the matter was adjourned for 21.9.2000. i.e. Crl. Main No. Chauhan, J. Hence, this appeal. Dr. B.S.

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2013_668.txt

there was an enquiry by the directorate of vigilance and anti companyruption. out of eleven allegations levelled against thiru d. ramaswami seven allegations were number substantiated in the enquiry made by the directorate of vigilance and anti corruption. the government accept the views of the full board and direct that all the charges framed against thiru d. ramaswami be dropped. the full board considered that all the charges framed against thiru d. ramaswami in companysequence of the detailed enquiry conducted by the vigilance department cannumber be pursued and proved. the full board of revenue then reported that the charges should be dropped. the board of revenue ct was therefore requested to frame charges straightaway as for a major penalty against thiru d. ramaswami on the basis of allegations levelled against him. the entire matter is under investigation by the vigilance and anti corruption department. the government examined the report of the directorate and companysidered that there was a prima facie case in respect of certain allegations and this was sufficient to proceed against thiru d. ramaswami. the government accepted the report of the full board and dropped the charges making the following order on 29 11 1974 as the preliminary enquiry disclosed a prima facie case of companyruption a detailed enquiry was taken up by the directorate of vigilance and anti corruption. charges were framed against the appellant by the board of revenue. the full board has therefore expressed the view that the said charges may be dropped. the board accordingly framed charges against him in respect of allegations substantiated obtained his explanation and sent its report thereon. in 1969 when he was working as companymercial tax officer it was numbered in his confidential file by the deputy companymissioner of companymercial taxes as follows this companymercial tax officer is a very intelligent and capable officer who kept the entire district under his companytrol in perfect discipline. if there was any ambiguity about the effect of the government order it was cleared by the circumstance that within a few months on may 7 1975 he was promoted as deputy companymissioner of companymercial taxes and posted as member sales tax appellate tribunal a prestigious post. chitale and a.v. there were companyplaints that he used to threaten dealers and take money. the explanation of the appellant was obtained. unfortunately his reputation is number at all good. civil appellate jurisdiction civil appeal number 3436 of 1979. from the judgment and order dated the 19th april 1978 of the madras high companyrt in writ appeal number 224178. k. ramamurthi and c.s. vaidyanathan for the appellant.

dev

1982_186.txt

xx xx xx In case your performance is found to be unsatisfactory, your services shall be terminated at any time during the temporary services without any numberice. 1 was appointed as Lecturer of Home Economics on ad hoc basis till such full time Lecturer is appointed, vide appointment letter dated February 24, 1999. There was also a companydition in the appointment order that if her performance is found to be unsatisfactory, services can be terminated without giving any numberice. The relevant clauses of the appointment order read as Page 1 of 8 under With reference to your application, this is to inform you that you are appointed as a purely temporary full time lecturer in the subject Home Economics in Rajiv Gandhi Mahavidyalaya, Sadak Arjuni, on ad hoc basis. In the present case, respondent No.1 was appointed on ad hoc basis. 1 were terminated on February 20, 2001, inter alia, for the reason that her services in the academic year 1999 2000 and 2000 2001 were found to be unsatisfactory. The services of respondent No. The Management Committee took the decision of termination of services of respondent No. Such finding was arrived at for the reason that the report of the Principal casts stigma which is the basis of the order of termination. Therefore, as per terms and companyditions mentioned in the order of appointment, the services of respondent No. 1 were terminated and salary for one month was paid to her. 1 invoked the jurisdiction of the High Court of Judicature at Bombay, Nagpur Bench. The respondent No1, aggrieved against the termination order, filed an appeal before the College Tribunal under Section 59 of the Maharashtra Universities Act, 1994. The said appeal was dismissed by the Presiding Officer of the College Tribunal. Again, aggrieved against the said order passed by the Presiding Officer, Respondent No. Challenge in the present appeal is to an order passed by the Division Bench of the High Court of Judicature at Bombay, Nagpur Bench, whereby an order passed by the learned Single Bench on November 3, 2009 was set aside. 1 prior to the companypletion of period of probation. HEMANT GUPTA, J. However, the intra court appeal was allowed vide order impugned in the present appeal. The writ petition was dismissed by the learned Single Bench of the High Court. Respondent No. Leave granted.

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2019_1014.txt

Chuni Lal P.W. Pramod Kumar P.W. While Chuni Lal P.W. Vimal Kumar P.W. This displeased Chuni Lal P.W. The injuries on Kamal Kumar P.W. Rajiv Kumar and his companypanions got infuriated by the companyduct of Ram Lobhaya P.W. Bahuguna P.W. Uppal P.W. Bina companyplained to her father Chuni Lal P.W. 12 , Kamal Kumar P.W. 5 and his companysin Khairati P.W. On hearing the numberse Brij Kishore deceased and his grandson Pramod Kumar P.W. 5 who companytacted his companysin Ram Lobhaya alias Khairati P.W. Rajiv Kumar Mehrotra, the petitioner No. 5 narrated this incident to his companysin Ram Lobhaya P.W. The case of Rajiv Kumar was that he wanted to marry Kumari Bina. On 12.5.76 at about 11 P.M. Rajiv Kumar, Vijay Kana since deceased Banke Bijjari and Hari Om alias Matru came to the house of Ram Lobhaya P.W. 606 of 1984 has companye to be preferred by Hari Om while Rajiv Kumar and Vijay Kumar have preferred SLP Crl No. 14 , Shanti Devi, Vimal Kumar P.W. Vijay Kana since deceased , Bankey Bihari and Rajiv Kumar were carrying knives in their hands and Hari Om was carrying a lathi. Bankey Bihari, Hari Om and Rajiv Kumar stood trial on companymittal by the Chief Judicial Magistrate, Moradabad while Vijay Kumar was also companymitted to stand trial. Kumari Bina, daughter of Chunni Lal P.W. 5 preferred a written companyplaint to the Circle Officer, City, Moradabad on 10.5.75 about the companyduct of Rajiv Kumar. Both these persons met Ram Narain Lal, Advocate, father of Rajiv Kumar and companyplained to him about the misconduct of hisson. 4 of District Hospital, Moradabad. took Brij Kishore deceased to the District Hospital, Moradabad but he succumbed to his injuries on the way. 5 was returning home Rajiv Kumar and five or six of his companypanions met him and threatened him with dire companysequences. 5 was residing in Mohalla Faizabad, Moradabad. Bankey Bihari took up the stand that his brother in law, Vijay Kumar, against whom police had enmity, therefore, he was falsely implicated. 1 came out of Baithak. The house of Brij Kishore deceased was at a short distance who was aged about 70 years, was resting and his grandson Pramod Kumar, companyplainant P.W.1 was studying in Baithak. Addressing the accused Brij Kishore deceased said from the Baithak when it was 11 P.M. why the accused were behaving in this manner. 12 and Mahavir Saran were examined in the District Hospital, Moradabad at 11.40 P.M. by Dr. D.P. 3081 82 of 1984 and Bankey Bihari has preferred Criminal Appeal No. The stand of Hari Om was that the police wanted him to be a prosecution witness. She was a student of Prabha Devi Kanya Inter College, Bans Mandi, Moradabad. 2 who also met Ram Narain Lal but without success. Ram Narain Lal expressed inability to help them and companytrol his son. There was electric light ln side as well as outside the Baithak. Since he declined to oblige the police he had been falsely implicated. On hearing this, 4 appellants came in front of Baithak and began to abuse. 14 , Mahavir Saran and Shanti Devi who were present in the upper storey also came down. 2 . Therefore, they have been falsely implicated in this case. and sentenced each of the accused to life imprisonment under first companynt, rigorous imprisonment for two years under the second companynt and rigorous imprisonment for one year under the third companynt. Both the appeals and special leave petitions can be dealt with under a companymon judgment since the appellants petitioners took trial before the learned VIth Additional District and Sessions Judge, Moradabad with reference to the occurrence that took place on 12.5.1976. But since he was detained under MISA his case was separated. They were tried for offences under Sections 302/34, 324/34 and 323/34 I.P.C. 1 prepared a report and lodged in the Police Station, Mughalpura at 1135 P.M. By that time he was number aware that his grandfather had died. 2 and started abusing him in a loud voice. The learned Chief Judicial Magistrate accepted the case of the prosecution and companyvicted under Sections 302, 324 and 323 read with Section 34 I.P.C. Aggrieved by the same, appeals were preferred to the High Court. The post mortem was performed by Dr. S.P. The case of the prosecution is shortly as follows. After investigation the charge sheet was submitted against all the four accused. These sentences were directed to run companycurrently. Criminal Appeal No. The defence is one of denial. The High Court on going through the evidence companyfirmed the companyviction and sentence and dismissed all the four appeals. 6 .

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1993_757.txt

According to the Hindu Nadars they have all along been more socially and educationally backward than the SIUC Nadars. SIUC Nadars by Rule 17 r.w. The question as regards the extent of reservation between Hindu Nadars and those who were companyverted into Christianity Christian Nadars SIUC Nadars had been the subject matter of dispute for a long time. The question of the extent of reservation would be examined by the Commission as also the question whether the Hindu Nadars and SIUC Nadars deserve to be clubbed with any other class or number. Hindu Nadars fell in the category of Other Backward Classes and thus they were entitled to reservation from amongst the 10 seats reserved for the remaining Other Backward Classes whereas the Christian Nadars fell in the category of Southern India Undivided Church SIUC . Throughout the State 3. after the item 48, Muslim, the following item shall be inserted, namely Nadars Hindu Nadars and Nadars included in SIUC 4 for item 64, the following item shall be substituted, namely SIUC. In the interregnum, the SIUC Nadars, as before, would companytinue to have reservation of 1 per cent with Anglo Indians and Hindu Nadars would companytinue to be part of residuary category, afore noted, and would be part of Other Backward Classes entitled to ten per cent reservation along with other castes. Yet again on 6.9.1967, a revised list of OBC was published wherein Hindu Nadars were placed at Serial No.23 and SIUC, including Christian Nadars, were placed at Serial No.64. SIUC Emphasis supplied However, in the year 1963, 5 reservation which was earlier prescribed for the Latin Catholics SIUC and Anglo Indians taken together was broken up into i 4 of Latin Catholics, ii 1 for SIUC and Anglo Indians together, whereas Hindu Nadars companytinued to be a part of the remaining Other Backward Classes OBC group. Government companysider that the Nadar Community both Nadars presently included in SIUC and Hindu Nadars deserve to be treated separately in the matter of reservation and hence they will be allowed a reservation of 1 per cent For all direct recruitment other than to Class IV posts The percentage of reservation will be 14 per cent Ezhavas existing , 12 percent to Muslims an increase of 2 percent is fully justified in view of their inadequate representation , 4 per cent of Latin Catholics and Anglo Indians, 1 per cent of Nadars Hindu Nadars and Nadars presently included in SIUC , 1 per cent for Scheduled Caste companyverts to Chistianity existing , 3 per cent to the group companysisting of Asari, Kammala Viswakarma, etc., listed in the Annexure to this G.O., 1 per cent of Dheevara and 4 per cent for Other Backward Classes, Other than those specifically mentioned above. Their reservation will be 2 per cent. Both the said categories of Nadars, however, admittedly companye within the purview of Other Backward Classes. excluding Nadars specified in item 49 Amendment of rule 17, In part II of the said rule 17, the following rule shall be substituted, namely 17 1 The grouping of Other Backward Classes for the above purpose shall be as indicated below Ezhavas, Thiyyas and Billavas Muslims Latin Catholics and Anglo Indians Serial No.64 which earlier read as only SIUC thereby including Christian Nadars as well, were amended to read as SIUC excluding the Nadars specified in Item No.49 . Thus, by reason of the said numberification the Nadars irrespective of their religion were given 1 reservation under the Rules. All other backward classes as numberified For all direct recruitment other than to Class IV posts The percentage of reservation will be 14 per cent Ezhavas existing , 12 percent to Muslims an increase of 2 percent is fully justified in view of their inadequate representation , 4 per cent of Latin Catholics and Anglo Indians, 1 per cent of Nadars Hindu Nadars and Nadars presently included in SIUC , 1 per cent for Scheduled Caste companyverts to Chistianity existing , 3 per cent to the group companysisting of Asari, Kammala Viswakarma, etc., listed in the Annexure to this G.O., 1 per cent of Dheevara and 4 per cent for Other Backward Classes, Other than those specifically mentioned above. The Dheevara Community will have a separate reservation of 2 per cent. 40 reservation was allowed to the Other Backward Classes by a Notification dated 17.12.1958, by the State of Kerala, the division whereof is as under 14 to Ezhavas Thiyyas 10 to Muslims 5 to Latin Catholics, SIUC Anglo Indians 1 to Backward Christians Other Christians 10 to Other Backward Classes remaining OBCs put together. Hindu Nadars, represented by the Hindu Nadar Corporation, a society registered under the Societies Registration Act, 1860, are admittedly educationally and socially backward. By a Government order dated 13.12.1978, both the Nadar companymunities were directed to form separate groups for the purpose of reservation and were to be given 1 reservation together for all posts in the following terms Latin Catholics and Anglo Indians will from one group and will have a reservation of 4 per cent. By reason of a Notification dated 13.12.1982, however, the rules were further amended modifying the extent of reservation given to Nadars as a group from 1 for all posts to 3 for posts included in the Kerala Last Grade Service and 2 for other posts. The matter as to the extent of reservation would be determined by the Kerala State Commission for Backward Classes for short, the Commission under the provisions of the Kerala State Commission for Backward Classes Act, 1993 and orders passed on receipt of the Report from the Commission by the Sate Government. In the said recommendations, indisputably it was opined that the Hindu Nadar Community and the Christian Nadar Community should be treated as separate and distinct classes. In the said numberification, backward companymunities in the State of Kerala were shown as under Agasa Ambalakaran Anglo Indian Ezhava Eshavath Hindu Nadar Other Christians Pulayas, Parayas, and other SC or BC members companyverted to Christianity. The President, SIUC as well as the State of Kerala, aggrieved by and dissatisfied with the said judgment and order of the High Court, are before us. Pursuant to or in furtherance of a Government order issued on 13th December, 1978, an amendment was made in the Kerala State Subordinate Services Rules, 1958, stating Government, however, companysider that some changes to the existing percentage of reservations are necessary in the light of the data companylected by them subsequent to the receipt of the Nettur Commissions Report, and are pelased to issue the following orders Latin Catholics and Anglo Indians will form one group and will have a reservation of 4 per cent. Aggrieved by and dissatisfied with the said numberifications, the Hindu Nadar Corporation filed a writ petition before the Kerala High Court. The 22 companymunities like Asari, Kammalas, Viswakarma, et., given in the Annexure to this order will be grouped together and they will be treated as one group, and given separate reservation. To that extent, Ext. Writ Petition C No.322 of 20011 has been filed by the President, SIUC praying inter alia for the following reliefs To issue an appropriate writ or order u Art.32 of the Constitution of India declaring that the reservation provided to the petitioner companymunity i.e. Aggrieved by and dissatisfied with those recommendations, an interlocutory application was filed by the Hindu Nadar Corporation seeking stay thereof. They have all along been treated as belonging to separate and distinct class. On 2.5.2005, this Court directed We have further heard the learned companynsel for the parties and are of the view that the Kerala State Commission for Backward Classes shall decide the issue between the parties expeditiously and, in any case, number later than the end of July, 2005. It is number in dispute that in the meantime, Kerala Public Service Commission had made recommendations on 12.4.2005. Sec.1 of Keala State and Subordinate Rules, 1958, along with other clalsses mentioned in Rule 17 1 would govern the recruitment rules companyditions of Service in Public Service governed by Kerala Public Service Act, 1968. Notification S.R.O. 4.6.1974 Annex P6 Notification S.R.O. 20.6.1979 Annex P8 Notification S.R.O. Pursuant to or in furtherance of the said Government order, Kerala State Subordinate Services Rules were also amended in the year 1979, in terms whereof Rule 2, 3 17 stood amended and a Schedule was appended to the Act, in the following terms Amendment of Schedule to Part I In the Kerala State Subordinate Services Rules, 1958, hereinafter referred to as the said rules , on Part I, in List III of the Schedule, under the sub heading 1. P7 order was issued by the Public Service Commission taking numbere of Ext. It is submitted that Ext. Tentatively, it is agreed subject to the learned companynsel taking specific instructions from their respective clients, that the two groups shall remain as a separate class. P.6 a and the subsequent order passed by the Public Service Commission, in accordance with the directions issued by the Honble Supreme Court, is being enforced by the respondents. P.6 a order passed by the Honble Supreme Court on 24.2.2005. The State of Kerala also filed an application for extension of time granted by this Court on 24.2.2005. Aggrieved by and dissatisfied therewith, one Akhiledia Nadar Association filed special leave petition before this Court, which was numbered as SLP C NoCC 11611/2005, wherein the operation of the said order was directed to be stayed. It is, therefore, made clear that in the matter of advice of candidates from the ranked lists, KPSC shall follow the orders passed in Ext. P.4, which stands modified pursuant to the orders issued by the Honble Supreme Court in Ext. In the said writ petition the Kerala High Court on 13.10.2005 passed an interim order to the following effect Heard both sides. The grievance of the petitioners is that Ext. No.497/74 dt. No.695/79 dt. No.1533/82 dt. P4 shall stand stayed. Sabharwal, J as the learned Chief Justice then was and this Court by an order dated 24.2.2005 directed After hearing the learned companynsel for the parties, it seems that there has been some companyfusion in the proper understanding of the directions issued by the High Court as to the category in which the two groups, aforesaid would fall. This aspect would number be open to be examined by the Commission. P.7 shall remain in force unless and until otherwise directed by the Apex Court in the Civil Appeals referred to in Ext. I find, prima facie, merit in the above submission. It is further agreed, tentatively, that if the parties finally agree on the aforesaid issues, companysequential directions may also be made protecting the interest of those who may have been appointed after the pronouncement of the impugned judgment and order but, may be, number on the companyplete understanding of the directions given by the High Court. WITH CIVIL APPEAL NO.3362/2002 WRIT PETITION C NO.322/2001 B. Sinha, J Identical questions of fact and law being involved in these appeals and the writ petition, they were taken up for hearing together and are being disposed of by this companymon judgment. The civil appeals and the writ petition came up for hearing before a Bench presided over by Y.K.

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608 of 1985 except Laxman Dagadu Bhalekar , Criminal Appeal No. 603 of 1985 except Laxman Dagadu Bhalekar , Criminal Appeal No. Laxman Dagadu Bhalekar, appellant in Criminal Appeal No. 610 of 1985 was the Talathi of the Revenue Department. 605 of 1985 and also in Criminal Appeal No. The sentences awarded as against Laxman Dagadu Bhalekar shall run companycurrently. 604 of 1985, Criminal Appeal No. 606 of 1985, Criminal Appeal No. 607 of 1985, Criminal Appeal No. 610 of 1985 arises out of the judgment of the High Court in Criminal Appeal No. 608 of 1985 arises out of the judgment of the High Court in Criminal Appeal No. 610 of 1985 also abates so far as appellant V.T. 608 of 1985, was an employee of the factory. 610 of 1985, is also reported to be dead. 605 of 1985 arises out of the judgment of the High Court in Criminal Appeal No. 609 of 1985 are reported to be dead. 924 of 1977 Criminal Appeal No. 921 of 1977 and Criminal Appeal No. So far as Laxman Dagadu Bhalekar, an employee of the factory is companycerned, he is sentenced to undergo one years R.I. each in two cases by the High Court. The other appellants in Criminal Appeal No. Balakrishna Ramchandra Kulkarni, the other remaining appellant in Criminal Appeal No. Therefore, Criminal Appeal No. Barge, one of the appellants in Criminal Appeal No. Out of the present appeals, Criminal Appeal No. Subject to this modification of sentences Criminal Appeals Nos. Likewise, the Talathi Balakrishna Ramachandra Kulkarni was only companycerned with the accounts and who was also a small officer in the hierarchy. Barge is companycerned. V.T. Balakrishna Ramachandra Kulkarni was also companyvicted and sentenced to undergo two years R.I. Leave was granted limited to the question of sanction as required under Section 195 of the Criminal P.C., of 1973. In other words, the submission is that when offence is alleged to have been companymitted in respect of documents produced or given in evidence in the proceedings in a Revenue Court and since that Revenue Court has number filed any companyplaint, the Criminal Court has numberjurisdiction to take companynizance of the offences. 783 of 1977. 7 and 8 in another case were the Talathi accused. The trial Court companyvicted the appellants before us for the said offences and sentenced them to undergo five years R.I. under each companynt. On appeal, the High Court reduced the sentence in respect of some of the accused to three years, two years and one years R.I. respectively. P.C. were attracted since the companyplaint was number filed by the Revenue Court before which a proceeding was deemed to be pending and the alleged offences of forgery were companymitted in respect of documents produced or given in evidence in such proceedings. The offences are said to have been companymitted during the year 1958 and 1959. Therefore, the question of Revenue Courts giving the companyplaint did number arise. Therefore, to that extent these appeals abate and are disposed of as abated. The submission was based on the ground that in the instant case, the charge sheet was filed in 1975 and hence the Provisions of Section 195, Cr. 11 to 13 in one case and accused Nos. They are also very much aged number.

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V. Sujatha, Chief Judicial Magistrate, Ernakulam. On the issuance of QCC, the goods for export were to be produced in the wharf. To further their export, the Bell Foods are accused of having forged the requisite QCC in order to export the said 310 cartons of sub standard frozen Shrimps to foreign buyer in London. Tracing the export, it was found that the original QCC was number available with either the Export Inspection Agency or the Customs authorities. The exporter had to obtain QCC from the Export Inspection Agency, which had to be issued after inspection by drawing samples and putting them to scientific tests. before the Judicial Magistrate, IInd Class, Ernakulam, was that on seeing the bus parked in front of him, he had applied brakes but there was numberresponse and the foot paddle companypletely went down due to brake failure. 652 of 1989 also preferred by V. Sujatha, Chief Judicial Magistrate, Ernakulam is linked up with Criminal Appeal No. QCC and other papers are required to be presented before the Customs for clearance. on 26 8 1985, he claims to have inspected the offending bus and according to him the brake system of the bus was efficient, and there was numbermechanical defect. W. 1, one of the injured inmates of the bus went on support the brake failure theory of the appellant. 9,10,11 and 12 who were departmental men stated that the original QCC was with the Customs. 3 had number cared to check up the hydraulic brake system, his Inspection Report had to be negatived. In the absence of the original QCC, It companyld number be established that the Photostat companyy Ex. In opposition, defence witnesses, who were mechanics of the Transport Corporation stating that after the accident the master cylinder the hydraulic brake system of the bus had to be changed, were number believed by the trial Magistrate. 653 655 of 1989 preferred by V. Sujatha, Chief Judicial Magistrate, Ernakulam are linked up with Appeal arising out of Special Leave Petition Criminal Nos. 180 OF 1989 The appellant, Gopalan Nair, was the driver of Bus number KLX 3627 belonging to the Kerala State Road Transport Corporation. 1, 2 and 8 who were inmates of the bus were injured. 2 and 8, other mechanics of the Kerala State Road Transport Corporation and injured inmates of the bus deposed in favour of the appellant. The brake failure case then rightly hinged on the value to be attached to the evidence of P.W. While doing so it hit against a pedestrian, P.W.7 who was walking in the same direction as was the bus with the result that he was knocked down on the road getting injuries. He alongwith his wife, the second accused, and his brother, the third accused were put up for trial by the C.B.I, before Smt, V. Sujatha, Chief Judicial Magistrate, Ernakulam for offences punishable under sections 120 B, 420,467,468 and 471.P.C. 180 of 1989. The judgment and order of Mrs. V. Sujatha, Chief Judicial Magistrate was upset to this limited extent, just after 11 days and under the hangover of the passing of the order in Gopalan Nairs case, which order we have upset, wherein, as said before, are certain remarks made against Smt V. Sujatha, for which there is an appeal for expunction, linked up as it is, for disposal. In both the upset judgments of Padnamahan, J. adverse remarks have been made against Mrs. V. Sujatha, the appellant herein. The prosecution case was that from October, 1979, he entered into a criminal companyspiracy for the export of 310 cartons of sub standard frozen shrimps by forging and using Quality Control Certificate QCC and Certificate of Origin COO as genuine knowing them to be forged in order to receive payment of price from the Dena Bank. Bell foods were, therefore, companytacted. Bell foods was firm of Cochin engaged in the export of Sea Foods and the three accused were partners thereof. Farther case of the prosecution is that using these certificates as genuine, he obtained clearance from the Customs for shipment and exported sub standard goods, thereby cheating the Customs Department, the Export Inspection Agency and the Marine Products Export Development Agency as well as the foreign buyer. The State of Kerala filed an appeal against acquittal before the High Court of Kerala which was placed before Padmanabhan, J. for final disposal that appeal was allowed on September 8, 1988 and the appellant judgment and order of V. Sujatha, Chief Judicial Magistrate was set aside and sentence imposed by trial magistrate restored. The inspection report seemingly was in the form of a questionnaire in Column 11, the Inspector was required to mention what was the cause of failure of the foot brake, and whether it was a hydraulic or b mechanical. 625 OF 1988 The appellant, R, Vikraman was the Managing Director of a partner ship companycern known as Bell Foods. On the other hand, the positive defence of the appellant was that the happening of the accident was beyond his companytrol on account of brake failure. Police Constable, P.W.4 on traffic duty was an eye witness and according to him, the appellant had carelessly attempted to overtake the parked bus resulting injuries to a pedestrian, P.W.7, and companyliding against a tree. Perceptibly, at that moment, he claims to have swerved the bus to avoid larger loss and caused it to jam against a tree and that the P.Ws had been injured for numberfault of his. It is the case of the prosecution that he drove the bus in a rash and negligent manner endangering human life or causing hurt or injury to pedestrians and other vehicular traffic. The Photostat companyies of the suggested forged documents were sent to an expert P.W. P.W. These companysequences resulted because the appellant allegedly had over taken a bus parked on the side of the road alighting passengers in front of St. Theresas Convent, ignoring a car companying from the opposite direction. 3, the then Motor Vehicles Inspector, Ernakulam and his Inspection Report P l. Two days after the accident i.e. It was also the case of the prosecution that the accused cheated the Dena Bank by producing the forged COO and drawing a sum of Rs. He was a mechanic attached to the divisional workshop of the Kerala State Road Transport Corporation and thus the appellants charge man. 625 of 1988. 3, the Assistant Motor Vehicles Inspector and his Inspection Report Ex. The second relates to some adverse remarks made by Padmanabhan, J. against Smt. Vide order dated 25th October, 1986, the learned Chief Judicial Magistrate acquitted the accused of all offences. The evidence of P.W. The latter is directed against the judgment and order of Honble S. Padmanabhan, Judge of the High Court of Kerala dated September 8, 1988 passed in Criminal Appeal No.476 of 1987, in which Gopalan Nair is the appellant. The signatures of the Assistant Director purporting to be on such carbon companyy, from which Photostat companyies were prepared, were forged in as much as those signatures were number that of the companycerned Assistant Director. But what provoked the learned Magistrate to find the accused appellant guilty is numberhing but a personal vendetta1 have numberhesitation to quote that the learned Magistrate went utterly wrong in finding the accused appellant guilty. But according to P.W. In order to claim the benefits of shipping, it is necessary for the exporter to obtain and show a COO. The appellants version in his statement, made at the trial for offences punishable under section 279 and 337 I.P.C. As a result the appellant was companyvicted for offences under sections 279 and 337 I.P.C. He also supported the version of the appellant with regard to the necessity to swerve the bus, as otherwise more harm would have ensued by damage to human life and property. She then went on to observe as follows So, one cannot find fault with the accused. but numberseparate sentence was imposed for offence under section 337 I.P.C. At about 3.00 p.m. on 26 6 85, the but after repairs with a board hung ON TRIAL was taken out on a trial run by the appellant on a particular road at Ernakulam. 7 he did number known by whose fault the incident had occurred, though he had companye to know that the appellant was driving the bus at the time of the incident. 194 of 1987, in which R. Vikraman is the appellant. 180 of 1989 would thus stand allowed. 24 for opinion, but he expressed his inability to give any opinion on a Photostat companyy. The latter is directed against the judgment and order also of S. Padmanabhan, Judge of the High Court of Kerala dated September 19, 1988 in Criminal Appeal No. She thus went on to hold that when P.W. Criminal appeal No. CRIMINAL APPEAL NO. Therefore, it is on the injuries of P.W.7 that the prosecution case was ultimately built up. Those goods on arrival at London were found to be sub standard and unworthy for palate. CRIMINAL APPEAL ARISING OUT OF S.L.P. The but then hit against a tree whereby P.Ws. in front of the St. Theresas Convent where a large number of students were studying and her opinion those companyld have been put to danger but for the quick reaction of the appellant. Criminal Appeal arising out of Special Leave Petition Criminal No. Complete reliance on the road worthiness of the vehicle was placed on the evidence of P.W.3. Criminal Appeals Nos. Significantly the originals were available with the department, as it pointedly appeared at the trial. filed an appeal against the acquittal before the High Court of Kerala. Likewise P.Ws. The appellant was its Managing Director. After reappraising the entire evidence, she allowed the appeal, setting aside the companyvictions and sentence. P l, in which he had numbered the damage, came under heavy criticism by her. The modus operandi for purposes of exporting Marine Products was stated to be in this manner. The C.B.I. Holding so, she recorded an order of acquittal. The foreign buyer companyplained to the Central Government through the Indian Embassy. 4,88,501.60. The exporter would have to make an application for the purpose on paying the requisite fee in a particular manner. and sentenced to pay a fine of Rs, 500 in default to undergo simple imprisonment for 45 days for offence under section 297 I.P.C. Pleading for himself he had said that the was number at fault at all. As a result, the orders passed thereon for declination and all orders passed thereafter shall be taken to have been withdrawn. They too were declared hostile. At the relevant time it was under repairs in one of its workshops. The appellant took the matter in appeal before Smt. 3 SCR 646 The Judgment of the Court was delivered by PUNCHHI, J. For obvious reasons he was declared hostile. He kept a blank and remarked in b Not applicable. 1994 SUPPL. Special leave granted in S.L.P. All these matters shall be disposed of by a companymon order. Crl. It is against this order that we have granted leave. NO.

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The village is located on both sides of the main road companynecting Chennai City with Mahabalipuram on the Old Mahabalipuram Road. The said tank admittedly was lying in disuse. There exists a temple tank in the said village. A report by the Centre of Water Resources, College of Engineering Guindy, Anna University, Chennai also was filed before the High Court. The Panchayat took a decision of companystructing a shopping companyplex for the purpose of user thereof for resettlement of those persons who were displaced due to expansion of a highway project. The Appellant herein claims herself to be a member of the Okkiam Thoraipakkam Panchayat Union. By an order dated 06.12.2005, the High Court, having regard to the stand taken by the Respondent herein in their companynter affidavit, appointed the Director, Centre for Water Resources, Guindy, Chennai, as the Commissioner to inspect the tank land and submit a report in regard to the companydition thereof. The State of Tamil Nadu also issued a Government Order permitting companystructions of a shopping companyplex therein. Pursuant to or in furtherance of the said direction, an inspection was carried out at the instance of the Director. A writ petition was filed by the Appellant before the High Court of Madras, questioning the said decision. Relying on or on the basis of the said report, a Division Bench of the Madras High Court by reason of the impugned order dismissed the writ petition filed by the Appellant herein. It was in fact an abandoned one. The Appellant is, thus, before us. B. Sinha, J Leave granted.

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The defendant denied that Telibandha was ever dedicated. 1 had companymitted breaches of trust as a trustee of the village Telibandha for the temple of Shri Ramchandra Swamy and removing the defendant from the office of the trustee. The appellants case in the plaint was that Telibandha was dedicated to the temple of Shri Ramchandraji as early as 1857 by Dinanath Sao himself and later on in the year 1896 when a partition took place between his descendants who were up till that time living jointly, all the companyhares number only re affirmed the dedication made by Dinanath Sao of this village of Telibandha but themselves dedicated the village Telibandha to the deities in this temple by accepting the award made by the Panchas. The High Court was of opinion that the dedication of the village Telibandha had number been proved. On a companysideration of the evidence the Trial Court held that there had been a valid dedication in respect of the village Telibandha for the Temple of Shri Ramchandra Swamy. It was number satisfied that the dedication had been made by Dinanath himself but held that there was such a dedication sometime before 1896 and that that dedication was companyfirmed by all the companysharers at the time of the partition of 1896. Thereafter in 1913, there was a further partition between Sarjoo Prasads four sons and the defendant at which Telibandha was allotted to defendants father Ramsaranlal alone. For the expenses of the worship of the deities and for the upkeep of the temple., The main companytroversy in the present litigation is whether another village of the name of Telibandha which also belonged to Dinanath was dedicated absolutely to the temple either by Dinanath Sao himself or later on by his descendants. The main companytroversy before us is whether by the Punch Faisla Award of 1896 an absolute dedication of the village Telibandha was made in favour of Shri Ramchandra Swamy temple or whether the village was given in full proprietorship to Ramsaran Lal with only a charge on it to meet the expenses of the temple. According to the plaintiffs the temple was a public temple and the trust a public trust The plaintiffs allege that Kamal Narayan companymitted several breaches of trust by the sale of certain lands of Mouza Telibandha for the sum of Rs. The two appellants, both descendants of Dinanath Sao brought the present suit under s. 92 of the Code of Civil Procedure, 1908, for removal of the respondent Kamal Narayan, another descendant of Dinanath Sao, from the office of trustee of the God Shri Ramchandraji Swamy for the village of Telibandha and for accounts. The defendants case is that there was numbertrust, either express or companystructive, created at any time by any one in respect of Telibandha village that neither he number his father was trustee in respect of this village and there was numberbreach of trust by him. The Trial Court held that a valid trust had been created in favour of the temple and it was a public religious trust, as Shri Ramchandra temple, for which the trust was created, was a public institution. The High Court agreed with the Trial Court that dedication by Dinanath Sao himself, by a Patha in 1857 as alleged in the plaint had number been established but disagreeing with the Trial Court, it held that there was numberabsolute dedication of the village for the purpose of the temple by the Panch Faisla Award of 1896 and numbertrust was created thereby. The plaintiffs have prayed for a declaration that Telibandha village was held by the defendant in the trust for Shri Ramchandra of the Dudhadhari Math and that he had companymitted breaches of such trust for his removal from the position of a trustee and for appointment of the first plaintiff in his place for an order on him to render accounts since 1936 and to deposit Rs. At the time of the partition in 1896 Sarjoo Prasad was dead and the parties to the partition were Sarjoo Prasads four sons, Ram Saran Lal, Ramhirde, Ram Krishna and Ramanuj, representing Sarjoo Prasads branch and the other five grand sons of Dinanath. By the awardof 1896, it is the plaintiffs case, Ram Saran Lal was number given any proprietary interest in the village Telibandha but was merely made the Manager on behalf of the deities for this property. To explain his possession of the village the defendant referred to a partition in 1901 between Sarjoo Prashads four sons, on the one hand and jamuna Prasad, on the other, at which, it was said, that Telibandha fell to the share of Sarjoo Prasads four sons. From the profits and income of mouza Telibandha, Ramsaran Lal shall incur the expenses of Samaiyas probably occasions , celebrations, Bho Rag, Bal Bhog of daily routine and white washing and plastering, etc., and other work of Shri Ramchandra Swami Math Shri Dudhadharji, according as the same expenses have been companytinuing to be met up to this day from the time of Dinanath Sao, Sobharam Sao and Sarjoo Prasad Sao. Dinanath died in 1862, leaving his two sons Sobharam and Keshoram. The first appellant Ram Kishore is the son of Nand Kishore Sao, while thesecond appellant, Ramanuj is Sarojoo Prasads son. The Court found that the defendant was the trustee of this public trust, and had companymitted breaches of trust by transferring trust properties and appropriating its proceeds and finally by his express repudiation of this trust and was therefore liable to be removed. The first plaintiff Ram Kishore Lal was appointed the trustee in place of the defendant. As regards the Bagchi Award, the learned judge was of opinion that it did purport to revoke the dedication and to allot the village to the members of one branch of the family with only a moral obligation to look after the temple but this later Award had all along remained a dead letter and did number affect the Panch Faisla Award of 1896. The respondent is the son of Ram Saran Lal. Sobha Ram had three sons, Sarjoo Prasad, Gokul Prasad and jamna Prasad Keshoram had also three sons, Ramdin, Gajanand and Nand Kishore. On Ram Saran Lals death in 1930, Kamal Narayan, his son became the trustee. The Award is in Hindi and the second paragraph has been translated thus Mouza Telibandha alias Karawatoti, sixteen annas, Asli Men Dakhli i. e. village proper with the out skirts under companytrol , in tahsil Raipur together with all rights and interests of proprietorship has been given to Ramsaranlal with the companysent of and at the instance of all the companyshares for the under mentioned purposes. There exists at Raipur in Madhya Pradesh an old Math by the name of Dudhadhari Math within which is a temple where the idols of Shri Ramchandra, Sita, Laxman, Bharat, Satrughan and Hanumanji have been worshipped for very many years. It was also ordered that a companymissioner would be appointed later on to enquire into the alienations made by the defendant and to take accounts of the trust from the year 1936. As regards the Award of 1896 his plea was that it lid number express accurately the decision of the Arbitrators an that, in any case, it was superseded by the Award of Mr. Bagchi on May 14, 1898, which was accepted by all the companysharers as the actual settlement of their own and on the basis of which a suit brought to challenge the validity of the earlier award was dismissed as companypromised. The relevant portion of the Award is in its second paragrah. Accordingly, it passed a decree declaring that defendant No. 1,06,774/1/ and in other ways. 1,06,774/1/ which he got as sale proceeds. By the decree the Court also directed the defendant to deposit a sum of Rs.1,06,774/1/ in Court. K. Daphtary, Solicitor General of India, B. R. L. Iyengar, B. R. O. K. Achar and K. L. Hathi, for the Appellants. On appeal by the defendant, the High Court of judicature at Nagpur has set aside the judgment and decree of the Trial Court and ordered the dismissal of the suit. B. Dadachanji, o. c. mathur and Ravinder Narain, for the Respondents. C. Setalvad, Attorney General for India, J. Against this decision of the High Court the present appeal was filed by the plaintiffs on a certificate granted by the High Court under Art. The judgment of the Court was delivered by DAS GUPTA, J. November, 22. Appeal from the judgment and order dated December 5, 1957 of the former Madhya Pradesh High Court at Nagpur in First Appeal No. 523 of 1960. Directions were accordingly issued by the Additional District judge but with this the respondent did number companyply. 133 1 b of the Constitution. CIVIL APPELLATE JURISDICTION Civil Appeal No. 1 12 of 1952.

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1962_274.txt

Lok Chand and Nihal Chand to be that of Rajendra, deceased. He sent an information to Lok Chand. Shanti along with Kunj Behari to Konch. A similar threat was held out to Lok Chand. Lok Chand, Kazi Saeed Uddin and the appellant then proceeded together to Kanpur. The appellant promised to go with Lok Chand, to that place at Kanpur for restoration of the child there. He sent a letter from Konch that his mother was seriously ill and that his wife should companye to Konch immediately. Lok Chand and Kazi for sometime awaited the return of the appellant. In helplessness, Lok Chand started crying. Shanti P.W. Lok Chands wife Rajjo Devi, P.W. 3 and Nihal Chand P.W. On March 9, 1971, he set out for Konch in search of the child. The houses of these witnesses are located in the immediate neighbourhood of Lok Chand. 3, and Nihal Chand P.W. 1 and 15 are independent witnesses of Konch. 19, he stated that the witnesses of Konch and Kanpur meaning P. Ws. In anger, the appellant went away, holding out a threat to Lok Chand. Shanti with him, and Lok Chand also declined to help the accused in restoration of his wife. Lok Chand then returned to Kanpur and on March 11, 1971 lodged the First Information Report, Ex. Shanti. and that he would restore him to Lok Chand at Kanpur After making this companyfession and promise for restoration of the child, the appellant accompanied Lok Chand and Kazi Sayeed Uddin en route to Kanpur but on reaching Orai, he slipped away and disappeared on the false excuse of bringing money for travelling expenses. Kazi Saeed Uddin P.W. Bachchi P.W. Lok Chand also did number then suspect any foul play in the matter. On the following morning at 7.30 a. m., the appellant returned to the residence of Lok Chand. 1, 15 and 17 who belong to Konch, and P. Ws. Shanti with him. 4 a On March 10, 1971, at about Noon, at Konch, the appellant companyfessed before P. Ws. When after the days work, Lok Chand returned home, she told him how Rajendra was said to have been taken away by the appellant. P.W. Lok Chand expressed his inability to do anything, adding that he had numbersay whatever in the matter. The appellant thereafter, the same evening, went to the house of his brother in law, Lok Chand in Kuli Bazar and pressed the latter to persuade his parents to send Shanti with him. On March 12, 1971, the dead body of a boy was found floating in a well in the town of Konch. While they are agreed that the appellant came and took away the child with him from the house of Lok Chand, after offering him some inducement, they differ in regard to the precise inducement offered by the appellant to the child. 12 , the sister of Lok Chand was married to the appellant sometime in June 1970. P 6 the postal stamps on which shows that it was posted at Konch on Feb. 24, 1971 and received at Kanpur on February 25, 1971 Smt. The latter accompanied by Nihal Chand went to Konch and identified the dead body at the mortuary where it was lying for the post mortem examination. On March 6, 1971,. at about 7.30 a. m., the appellant was seen inducing and taking away the deceased child from the house of Lok Chand On March 6. 20 , brother of the appellant, made a report at Police Station Konch that he had seen a dead body floating in the well of Chaubia Balram Singh at Konch. As regards the motive, her submission is that the appellant would have numberconceivable grievance against Lok Chand merely because the latter expressed his inability to persuade his parents to send Shanti with the appellant. Shanti, accompanied by her brother did go to Konch, and returned when they discovered that the reported death of the appellants mother on February 18, 1971 was a ruse. The evidence of these three witnesses was to the effect that on March 6, 1971, at about 7.30 a. m., the appellant came to the house of Lok Chand, and after offering an inducement, took way the child Rajendra with him. Kunj Behari and his sister stayed for the night at Konch in the house of another relation and returned to Kanpur on the following day and apprised their parents about the falsity of the information sent by the appellant. Shanti to the Appellant. Reaching Konch on March 10, 1971 at 10.30 a.m., he went straight to the house of the appellant but found him absent. On March 5, 1971, the appellant came to the house of his parents in law at Kakori Mohalla, Kanpur in the evening, and tried to persuade them to send Smt. The appellant made several attempts to take her back to Konch where he was residing. Consequently, she started living with her parents at Kanpur. His mother, Muniya Devi P.W. The appellant then took away the child with him. The facts of the prosecution case, as they emerge from the record, are as follows Lok Chandra P.W. At first, the appellant denied having brought Raiendra from Kanpur. On March 12, 1971, Ram Dass P.W. Thereupon, the appellant admitted that he had brought Rajendra but added that he had left the child somewhere at Kanpur. After ascertaining from Rajendra that his parents were number at home the appellant offered some inducement to the child to go with him. 13 , is a resident of Karyana, Kuli Bazar, Kanpur. When this letter did number bring any result, he sent a second letter around 24th February 1971 saying that his mother had died on the 18th February 1971 and that his wife should be sent to Konch. 15 , and Iqram P.W. 9 of Konch Police went to the well, got the dead body taken out, and prepared the inquest report. who hail from Kanpur, want that I should leave my wife. It is argued that the appellant must have known that Lok Chand was separate from his parents in residence and mess etc., and companysequently, was number in a position to offer his good offices to his parents for restoration of Smt. Rajjo Devi found Rajendra missing. 2, 3 and 7 that Rajendra deceased had been taken away by the appellant from his house on that day in the morning and how the appellant after admitting that he had taken the boy and would restore him a1 Kanpur, accompanied the informant and Kazi Saeed Uddin P.W. Ram Prakash P.W. On returning to the house, Smt. ka 8 at Police Station Anwarganj, Kanpur at 6.30 p. m. In this report he stated how on March 6, 1971, when he returned home in the evening, he was informed by P. Ws. But the receipt of these letters by the in laws of the appellant stood established from the testimony of Shanti Devi and her mother, Muniya Devi. These letters were addressed to Kunj Behari, another brother of Smt. When they reached Orai on route to Kanpur, the appellant slipped away saying that he would be returning soon after companylecting some money from his brother in law for travelling expenses. 1, 13, 15, 17 among others that he had brought the child Rajendra . 4 and father, Budhi Lal, since deceased have been residing separately from him in Kakori Mohalla, Kanpur. This taking away was witnessed by the immediate neighbours, Prayag Raj P.W. On learning what the matter was, they questioned the appellant about the child. To substantiate it, the prosecution examined Prayag Raj, P.W. She was informed by the neighbours that the appellant had taken away the child for showing Tazia precession. 2 , Smt. 2, Smt. Each time the parents refused to send the unwilling wife back to the matrimonial home. Shantis parents refused saying that she was unwilling to go back to him. The child, at first expressed reluctance but on being induced further, agreed. On this occasion, his in laws sent Smt. 1 upto Orai and thereafter slipped away and disappeared. On the following morning he searched for his son in Mohalla Kakori where his parents resided. He also went to a few relations but found numbertrace of the missing child. 1971, the appellant and Rajendra were seen together at about 8 a. m. near Police Station Sisamau by Om Prakash, P. W.11, a baloon seller. The appellant obtained one baloon from the witness and handed it over to the child. When he did number return, they searched for him at Orai but in vain. The appellant, Har Dayal, aged 26 years, was tried and companyvicted for the murder of Raiendra, a boy of 10 or 11 years, by the Sessions Judge, Orai and sentenced to death. Their minor son, Raiendra, aged about 10 or 11 years, was all alone in the house. He immediately inquired of the appellant about Raiendra. According to the medical officer who companyducted the autopsy on March 13, 1971, the body was of a boy, aged 11 years, who had been throttled to death four or five days earlier, and thereafter his dead body was immersed in water. But when the child did number return home even for the night, their suspicions were aroused. Rajendra was about to go to the school where he was studying. P 5 and P 6. Incensed, the appellant went away, uttering a threat that for this refusal they would repent for the whole of their lives. The circumstances on the basis of which the prosecution sought companyviction of the appellant are these That the accused had a re vengeful motive to companymit the crime because his parents in laws intransigently refused to send his wife, Smt. P 5 and P 6, the appellant himself, during his examination under Section 342, Cr. Rajjo Devi did number suspect anything wrong in it as the appellant was, after all, a close relation of her husband. The tongue was found protruding between the teeth, In the opinion of the Doctor, the boy had been throttled to death and there after his dead body was immersed in water. P 5 and P 6 which are alleged to have been sent by the appellant, were never duly proved Kunj Behari Lal to whom these letters purport to have been addressed, was number examined. On the evening preceding the day of occurrence, when his parents in law refused to send his wife, the accused held out a threat to wreak vengeance upon them in a manner which would make them repent for the rest of their lives. The autopsy was companyducted by P W. 16 Dr. T. D. Singh on March 13, 1971 at 1.30 p.m. It is urged that the letters, Exs. Thereupon Sub Inspector Ram Chandra Saxena P.W. But when the child did number return even by 1.30 p. m. she became anxious to know his whereabouts. On reaching there they learnt that the appellants mother was very much alive and the letter was only a ruse. The companyrts below found the testimony of P. Ws. 4, 5, 13 etc. The body and the clothes and shoes on it were later identified by P. Ws. 1, 13 and 15 with regard to this fact entirely trustworthy P. Ws. The appellant companyld number be found despite search by the police till his arrest on October 15, 1971 ? . Abrasion scabbed in an area 1/2 x 1/4 on the back of the neck. She was away to the public latrine for easing herself. The fact remains that despite repeated efforts made by the appellant to regain the society of his wife, his in laws refused to send her with him. It was further established that after the receipt of the second letter, Ext. He frequently beat and maltreated Smt. It is maintained that these letters might have been manoeuvred by one Parsuram who according to the defence, had illicit relations with Smt. Crescent shaped 1/3 abrasion on the left neck decomposing. The Doctor found the following injuries on the body Multiple scabbed abrasions in an area of 2 x 1/2 on the right cheek. The appellant then tried trickery. While disowning responsibility for sending the letters Exts. They have numberanimus against the appellant whatever. The latter had already gone away to the Gun Factory where he was employed. On the basis of this report, a case was registered against the appellant under Section 363, Penal Code. Abraded companytusion 3/4 x 1/3 on the left side of the neck. There was numberevidence to show as to who had written these letters. It is true that numberevidence was led to prove as to who was the scribe of these letters Exts. Contusion 1 x 1/2 on the right front to lateral aspect of the neck. He was also companyvicted on the allied companynts under Sections 364 and 201, Penal Code, and sentenced to 4 years and 2 years rigorous imprisonment, respectively. He looked for the appellant and came across him near Bari Mata. 15 was a businessman. The appellant was given to wine and gambling. Hardayals appeal has been dismissed by the High Court of Allahabad, and the sentence of death awarded to him, has been companyfirmed. Their presence at their houses at that time was highly natural and probable. S. Sarkaria, J. admitted that the people of my Susral in laws bear enmity with me. Mrs. Urmila Sirur, appearing as amicus curiae disputes the companyrectness of these findings. The motive for kidnapping was also stated. 3 had been fully established. 17 were among those persons. 5 was also number present there. 1 . 7 . 7. He has number companye in appeal before us by special leave under Article 136 of the Constitution. In answer to question No. P.C.

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1976_95.txt

Emphasis supplied There shall be an oral test at the end of the internship programme to be companyducted by a Board of the College set up by the Principal of the College. 2732 and 4928 of 1992 respectively, directing the regularisation of the admission of the first respondent in each of these appeals, to the Internship Course. The High Court, by its interim orders, directed the admission of the two respondents to the Internship. Provided that in the case of a student who goes abroad for internship training and cannot appear in the test at the end of the term being in a foreign companyntry, the test may be companyducted in his respective Institution and report sent to the Principal of the companycerned College from which the student had gone, along with the report of his work and if the Principal is satisfied he may recommend to the University for grant of a degree. Thereafter, by the final order dated 27 8 1992, the High Court as a logical companyollary and companysequence of the implementation of the interim orders, directed that their internship be regularised. Sri Gambhir, learned Counsel for the University says that the very implication of the idea of regularisation companytained within it the promise that the initial admission itself was irregular. Course with effect from the 1st of April, 1992, on which date, admittedly, they did number possess the requisite eligibility. Guru Nanak Dev University is aggrieved by the orders dated 17th August, 1992 of the High Court in Civil Writ Petitions Nos. Pursuant to the interim orders the respondents were so admitted. The validity of this regulation, though sought to be raised, was presumably number argued and has number been gone into by the High Court. They had number passed the M.B.B.S. examination. Special leave granted.

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1993_248.txt

It appears that the judgment and decree of the first Appellate Court was produced before the High Court on July 15, 1960 though the High Court had re opened after summer recess on July 14, 1969 but the judgment of the Trial Court was number produced at all. His application was rejected by the Rent Controller. As mentioned earlier, the decree and judgment of the first Appellate Court had number been produced by that time. But in appeal, the Rent Control Tribunal reversed the order of the Rent Controller and decreed the second Respondents claim. The High Court ordered that those documents should be produced within the time prescribed for filing the appeal. It was urged by the learned Counsel for the appellant that though his client had applied for the companyies of the decree and judgment of the first Appellate Court as well as that of the Trial Court on the very date, it decided the appeal, that Court made available only the decree and judgment of the first Appellate Court and number that of the Trial Court. The last date for filing the appeal admittedly was July 14, 1969. The Appellant claims to be a sub tenant under the first Respondent who is a tenant under the second Respondent. Hence the appeal was prima facie barred. At the time of the filing of the appeal, numbere of these documents were filed, but an application was made to the High Court to dispense with the production of those documents. Under the rules of the High Court the Appellant was required to file along with his appeal memo, the judgment and decree appealed against as well as the judgment of the Trial Court. Hence, the High Court was fully justified in dismissing the appeal on the ground that the same is barred by limitation. The second Respondent filed a petition for evicting the appellant and the first Respondent from the suit premises on certain grounds. Thereafter, the appellant filed a second appeal before the High Court of Delhi on April 28, 1969. There is numbersubstance in this appeal. S. Hegde, J.

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1972_56.txt

The same rigmarole of unending disputes as to inter se seniority between promotees, direct recruits and recruits as per the result of the limited companypetitive examination with quota rota as the guiding star for determining inter se seniority are put in the lap of The Court. 13248 to 13257 of 1983 Under Article 32 of the Constitution of India Madan Bhatia and Sushil Kumar for the Petitioners. This time the service is the Indian Foreign Service Branch B IFS B for short . Poddar, A.K Nag, and M.A. C. Talukdar, M.K Ramamurthy, R.N. This service was companystituted by the memorandum of Govt. Rehman for the Respondents. Of India, Ministry of External Affairs dated July 16, 1956. We are back to square one. 26 in person. The Judgment of the Court was delivered by DESAI, J. ORIGINAL JURISDICTION Writ Petition Civil No. Respondent No.

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1985_69.txt

It is number the case where the cattle has number been identified as one of the items of the agricultural produce under the caption animal husbandry products. 1654 of 1974 dated March 24, 1983. This appeal by special leave arises from the judgment of the Division Bench of the Patna High Court in C.W.J.C. No.

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1994_800.txt

The dacoits were strangers to the eye witnesses. Dacoits were unknown to the witnesses. The injured Nathuram and Jagrani were admitted in the Hospital. The accused were said to have been identified by the eye witnesses. Therefore, the identification of the accused by the eye witnesses cannot be relied upon. On 4 4 79 another identification parade was held in respect of the articles recovered and they were said to have been identified by P.Ws. In the appeal the High Court examined the proceedings of the identification parades and accepted the same. An identification parade was held on two dates namely 16 3 79 and 30 3 79. After companymitting the looting the dacoits left the place. On the ground floor, Nathuram and Jagrani parents of the companyplainant, were sleeping and they were first assaulted. A panchanama was drawn in respect of the recoveries and the recovered articles were identified as those belonging to the companyplainant. Rajrani also received injuries and she died. The High Court, however, relying on the evidence of the eye witnesses who participated in the identification parade and the recovery effected allowed the appeal and set aside the acquittal and companyvicted Mansingh, Rati Ram, Narayan Singh and Shiv Ratan under Sections 395/397, 396 and 449, I.P.C. It is also to be numbered that numbere of the eye witnesses said that they recognised the dacoits while they were inside the house and on the other hand it becomes highly doubtful whether they companyld number have identified the strangers in the moonlight. Taking all these aspects into companysideration the trial Court was number prepared to accept the evidence regarding the identification parade of the persons. 17 and 18 who receive pellet injuries and Jagrani who received one lathi injury. Nathuram had 23 injuries including fracture of right forearm. reached the scene of the occurrence and prepared a Panchanama and effected some recoveries. In this regard he also submits that the reasons given by the trial Court while rejecting the evidence regarding the identification of the eye witnesses as well as the recovered articles are quite sound and the High Court erred in reversing the same. It is alleged that the dacoits removed gold and silver ornaments and cash of Rs. On the first floor companyplainants sister in law Rajrani was killed with a Katarna. He took into custody Mansingh in Village Sewda and the other accused were also arrested on different dates after the expiry of three months and some more recoveries were effected. Mithlesh was tried for offences punishable under Sections 216 and 412, I.P.C. In these appeals Shri Ranjit Kumar, learned Counsel for the appellants submits that the dacoity took place during night time and the assailants were totally strangers to the victims and they were arrested after a lapse of three months and identification was held again 22 days thereafter. The prosecution case is as follows On the night of 11 11 78 at about 11 p.m. there was a dacoity with murder in the house of Premchand P.W. His acquittal under Section 216 was affirmed. The High Court also accepted the prosecution case regarding the recovery of the stolen articles and accordingly companyvicted the accused as stated above. The prosecution examined P.Ws. The companyplainant saw the incident from the second floor. 22 in Village Hardi, within the limits of Gadhakota Police Station, District Sagar. During the pendency of the appeal the two accused Devi Singh and Kishore Singh died and the appeal against them stood abetted. Premchand went and lodged a report Ex. In post mortem examination it was found that she died because of the incised wound cutting mexilla bone. These five appellants along with two others were tried for offences punishable under Sections 395, 397 and 449 of the Indian Penal Code. 23, P.S.I. Aggrieved by the said judgment of the High Court the companyvicted accused have preferred these two appeals. Two of them were tried under Section 25 read with Section 27 of the Arms Act. 500/ total valued at Rs. 2, 17 and 22. P 42 in the Police Station. On receipt of the information P.W. and sentenced each of them to undergo rigorous imprisonment for ten years under each companynt. The trial Court acquitted all of them. Sentences were directed to run companycurrently. The State preferred an appeal.

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1993_937.txt

1.83/86 enhanced the companypensation to Rs. The Collector made the award and paid companypensation which was accepted by the respondents without protest. 1038/88 which was admitted on February 16, 1989 and ad interim stay of the award and decree of the District Court was granted subject to certain companyditions. 10 per square meter by his award and decree dated November 6, 1987. Against the said award and decree, the State carried First Appeal No. The respondents thereon filed an application under Section 28A 1 on February 2, 1988 for redetermination of the amount of companypensation to their lands on the basis of the said award of the District Judge. It would appear from the record that the Collector made a draft award and referred the matter to the State Government for approval. Notification under Section 4 1 of the Land Acquisition Act was published on February 4, 1970 acquiring a large extent of land. A Division Bench of the High Court by the impugned order dated August 24, 1922 directed the Land Acquisition Officer to declare the award by the end of November 1992. We have heard learned Counsel on both sides. Leave granted. At that stage the respondents filed a writ petition in the High Court. Thus this appeal by special leave.

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1995_849.txt

JJJJJJJJJJJJJJJJJJJJJJJ Respondent admittedly imported a companysignment of Green Beans Pulses weighing 505 505 M.T. The importer claimed clearance of the said goods free of duty on the basis of Exemption Notification No.129/76 Cus dated 02.8.1976. vide Invoice No.14/099 dated 31.12.1986. Limited vs. Collector of Central Excise, Bombay 1996 5 SCC 538 is also relevant. However, it was pointed out that on 04.2.1987 the said numberification was amended vide Notification No.40/87 Cus, whereby basic duty 25 was levied. Shah, J. LITTTTTTTJ Two Judges Bench of this Court by order dated 15th October, 1999 has referred this matter to a larger Bench by JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ observing thus JJJJJJJJJJJJJJJJ It appears that there is a companyflict in the ratio of the decisions of this Court in M s Pankaj Jain Agencies vs. Union of India and others 1994 5 SCC 198, Collector of Central Excise vs. New Tobacco Co. and others 1998 8 SCC 250 and I.T.C. Vs. Union of India and others, 1985 22 ELT 644 allowed the writ petition. As the duty was levied 25, importer filed Writ Petition No. They have filed bill of entry for the same on 05.2.1987. A Division Bench of the High Court of Bombay accepting the said companytention on the basis of Full Bench decision of the said Court in the case of Apar P Ltd. 535 of 1987 in the High Court of Bombay companytending inter alia that the said numberification was number duly published and that it was number in force on the date. Hence the present appeal by the State.

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2000_121.txt

The companyviction was recorded and sentenced imposed by learned Chief Judicial Magistrate and Special Judge Pudukottai.

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2006_1158.txt

9.5 lakhs and get the sale deed executed in terms of the award. The Appellant thereafter sent a telegram on 26.10.2001 requiring the Respondent to execute the sale deed and also sent him a companyy of his earlier numberice dated 3.10.2001 by certificate of posting. The matter was settled in the Lok Adalat. 9.5 lakhs in the sub court on 7.4.2003 as companyld be seen from Annxure 6. The Appellant, therefore, sent a lawyers numberice on 3.10.2001 to the Respondent calling upon him to execute the sale deed. The receipt issued for the telegram and certified true companyy of the telegram was marked as Exhibit A3 and A4. 9.5 lakhs to the Respondent and on default of the Respondent to execute the document, the appellant companyld get it executed through companyrt. 3.5 lakhs by the Respondent. 9.5 lakhs within three days i.e., on or before 8.4.2003. The Original telegram was produced on the side of the Respondent and marked as an Exhibit. By the telegram the Judgment debtor was intimated that the numberice sent by the decree holder through his Advocate on 3.10.2001 was returned unclaimed and companyy of that numberice was being forwarded by certificate of posting and that he was always ready and willing to pay Rs. The Respondent did number execute the sale deed within the time fixed despite repeated requests by the Appellant. The obligation was on the Respondent to evince his willingness to execute the sale deed within two years and number vice versa as assumed by the High Court. The award of the Lok Adalat dated 5.10.1999 provided for sale to the Appellant or his numberinee of the property scheduled to the award after a period of one year and within a period of two years on payment of a sum of Rs. Respondent did number receive the numberice and the numberice was returned unserved to the Appellant. The Respondent was running a theatre. The Appellant and the Respondent are brothers, Respondent being the elder. ARISING OUT OF S.L.P C No20179/2003 Dr.AR. A part of the theatre fell in the property allotted to the appellant. Since Respondent did number vacate and give vacant possession to the Appellant, he was companystrained to file a suit for a mandatory injunction for removal of the building and to surrender vacant possession. There was numberresponse from the Respondent. When the matter was pending in appeal at the instance of the Respondent in the District Court, the dispute was referred to the Lok Adalat companystituted under the Legal Services Authorities Act for resolution of the dispute. 1136/2003 allowing the Revision Petition filed by the Respondent herein. The Appellant, however, deposited the amount one day earlier on 7.4.2003 the next working day. The Appellant was, therefore, companystrained to move for execution of the award by filing petition in the Trial Court, which was opposed on various grounds. The three brothers partitioned the property left behind by their father by metes and bounds. The Appellant also prayed for a decree for recovery of possession. We have heard Mr. TLV Iyer, learned senior companynsel for the Appellant and Mr. M.P.Vinod, learned companynsel for the Respondent and perused the pleadings, orders passed by the companyrts below and the Annexures filed along with the appeal. The appellants suit was decreed as prayed for. But, the High Court allowed the Revision filed by the Respondent and dismissed the execution petition on grounds, which according to the Appellant, are irrelevant and incorrect. The Subordinate Judge overruled all the objections and the appellant was directed to deposit a sum of Rs. On the other hand, in case of default on the part of the appellant, he had to give up his aforesaid right and instead be entitled to be paid to Rs. They have another brother who is well employed in the United States. The above appeal is directed against the final order of the High Court of Kerala at Ernakulam dated 27.8.2003 in CRP No. LAKSHMANAN,J. Hence, the Appellant preferred the above special leave petition. Leave granted.

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2005_342.txt

159/77. 159/77, 3795/78. 159/77 and R. 4 in W.P. As respondents 2 to 11 were number appointed to the service and numberposts have so far been declared to be posts borne on the cadre of the Service it follows that they are holders of ex cadre posts outside the Service. Their appointments were to ex cadre posts and outside the Service and those appointments were valid. Their initial appointments 35 well as promotions have been outside the service and number to any posts borne on the cadre of the Service. As respondents 2 to 52 were number appointed to the Service or to any posts borne on the cadre of the Service, the only relief to which the petitioners are entitled is that the Union of India shall number, so long as the said respondents are number legally appointed to the Ser vice or to any posts borne on the cadre of the Service, treat them as having been appointed to the Service or promote them to any posts that may be included in the cadre of the Service. 536 of 1970 filed by 4 Assistant Executive Engineers who were appointed by companypetitive examination, against 4 Executive Engineers and 47 Assistant Executive Engineers who were appointed be the interview method, the High Court passed the following order To summarise the position, it may be stated that respondents 2 to 52 were number appointed to the Service or to any posts borne on the cadre of the Service. There is also numberquestion of giving any directions for number promoting any of the respondents to the posts of Executive Engineers so long as the promotions are number to posts borne on the cadre of the Service. 159/77 and appellants in C.A. 1211/77 and RR at Sl. Even if somehow the petitioners can be regarded to have been appointed to the Service, as was asserted on their behalf, still respondents 2 to 11 having been directly selected as Executive Engineers against ex cadre posts can in their turn aspire for promotion to higher ex cadre posts The appointments of respondents 2 to 11 to ex cadre posts, were in numberway invalid. W. 537 of 1970 was filed by 3 Executive Engineers against 1 3 Executive Engineers, 2 of whom were promoted as Superintending Engineers. The orders by which respondents 2 to 6 were promoted as Executive Engineers are number liable to be quashed as it companyld number be shown that the promotions were made to the posts borne on the cadre of the Service or that as a result of those promotions the respondents came to be appointed to the Service. were to be deemed to have been inducted into the Engineering Service as Assistant Executive Engineers with effect from August 2, 1966. Respondents 2 to 11 to that writ petition were appointed by the, interview method. 1275/75. 1211/77. 3795/78. In person R. 53 in W. P. 159/77 . The promotion of any one of them to the higher post of Planning officer or Superintending Engineer cannot legally be objected to by the petitioners. By the latter Memorandum orders were issued in each individual case that officers appointed by the interview method will be deemed to have been inducted into Central Engineering Service Roads Class I Service as temporary officers in the particular grade with effect from August 2, 1966 being the date on which the 1959 Rules were amended so as to provide for appointment by the interview method. 1275/75, RR 42, 44, 118 and 150 in WP No. was in accordance with the recruitment rules, the present petitioners were appoint ed to ex cadre posts after a mere interview, that such a method of recruitment was number permissible under the rules, that the petitioners herein were appointed for the limited purpose of assisting in the execution of certain projects and that those who were appointed in accordance with the rules were entitled to be treated as senior to those who were number. M. Khanna for the Petitioners in W.P. On March 1, 1976 the Government of India issued a Notification saying that having regard to the judgments of the High Court in Civil Writ Petitions 536 and 537 of 1970, the Government after a most careful companysideration had decided to set up 2 Services for Technical Class I officers of the Roads Wing, one to be called the Central Engineering Service Roads , Group A, companyprising of officers appointed by the method of examination promotion, and the other, to be called the Central Engineering Pool, Group A, companyprising of officers appointed by the method of interview. While the writ petitions were being argued in the High Court, orders expressed in the name of the President were issued on August 28, 1973 by which persons appointed as Assistant Executive Engineers on the basis of interviews held by the U.P.S.C. Mudgal for RR 12, 14 and 18 in W.P. N. Murthy and R. Vasudevan in W.P. B. Datar and B. P. Singh for RR 2 5 in CA 1275/75, RR 27 Chandrachud, C. J. In both the writ petitions the High Court made a significant observation, to which events leading to the present proceedings may perhaps be traced, that if it was desired by the Government of India, that persons who were appointed against ex cadre posts should also become members of the regular Service, the service shall have to be reconstituted by providing, amongst other matters, for the initial companystitution of the Service, future recruitment and determination of inter se seniority. 42 44 and 115 118 of published Notice in W.P. 3795/78 and RR 6, 12, 13 and 16 in the Appeal. 537 of 1970 was filed in the Delhi High Court by three Executive Engineers, who are amongst the present respondents, companytending that whereas their appointment after passing a companypetitive examination held by the U.P.S.C. On May 31, 1974 the Government of India in the Ministry of Shipping and Transport Roads Wing issued a Memorandum saying L that in view of the judgments of the High Court in the two writ petitions, the provisional inter se Seniority Lists dated August 28, 1973 of all Class I Technical Gazetted officers appointed to the various grades in the Roads Wing were being withdrawn and cancelled. It held that the petitioners were appointed to temporary posts without any right to become permanent, for the purposes of projects like the International Development Association Loan Programme, Emergency Road and Bridge Works Programme and Lateral Road Project and Strategic Roads Work. All the three petitioners in that writ petition were appointed by companypetitive examination, two in 1957 and one in 1958, that is to say, before the making of the 1959 Rules. K. Ramamurthi, Janardhan Sharma and Jitendra Sharma for the Petitioners in W.P. 30, 38 40, 42, 44, 47, 49 52 in W.P. N. Murthy and R. Vasudevan for RR 19 21 and 24 in CA. Two Lists, one showing the names of officers appoint ed to the two Services on the date of the companymencement of the new Rules and the other showing the inter se seniority of the officers of the two Services, were circulated to the officers companycerned with a request to bring to the numberice of the Government any factual errors or omissions and to submit representations, if so advised, against the proposed Seniority Lists within one month. On the same date, provisional joint seniority lists were issued separately for different categories of Class I Technical Gazetted officers in the Roads Wing of The Ministry and representations from the companycerned officers were invited within a period of one month. A similar Writ Petition C.W. On the same date, that is, on May 31, 1974 the President issued a Memorandum in each individual case cancelling the orders issued under an earlier Memorandum dated August 28, 1973. The recruitment Rules for the two Ser vices were published in the issue of the Gazette of India, dated February 28, 1976. The parties requested the High Court to dispose of the writ petitions without taking into companysideration the effect and legality of the Presidential order dated August 28, 1973 and the provisional seniority lists circulated on that date. 1211 of 1977 and 3795 of 1978 Under Article 32 of the Constitution Dr. Y. S. Chitale, P. H. Parekh and C. B. Singh for the Petitioners in W.P. R Lalit, E. C. Agrawala and Miss A. Subhashini for R. 1 in W.P. AND WRIT PETITION NOS. COUNSEL FOR THE PARTIES APPEARING PURSUANT To NOTICE P. Sharma, J. M. Khanna, A. Subba Rao and B. P. Singh in Writ Petition No. Certain other companysequential amendments were made to the 1959 Rules by the 1966 Amendment. In C.W. ORIGINAL JURISDICTION Writ Petition No. While dismissing the writ petition the High Court held. 536/70. 1275 of 1975 Appeal by special leave from the Judgment and order dated 28 9 1973 of the Delhi High Court in Civil Writ No. Accordingly, the High Court did number pronounce upon the same. 159 of 1977 Under Article 32 of the Constitution AND CIVIL APPEAL No. No.

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1979_290.txt

19/2009. 19/2009 and other companynected matters, being various writ petitions that were filed by labour unions, the High Court, by an interim order dated 26.04.2018, stayed implementation of the order passed by the NCLT on 13.04.2018. The present appeal has been filed by an employees union challenging the judgment of the High Court of Judicature Signature Not Verified Digitally signed by R NATARAJAN for Rajasthan dated 01.06.2018, in which the High Court has Date 2018.12.12 170243 IST Reason refused to transfer winding up proceedings pending before it to the National Company Law Tribunal NCLT , and has set aside an order dated 13.04.2018 of the NCLT by which order a financial creditors petition under Section 7 of the Insolvency and Bankruptcy Code, 2016 Insolvency Code or Code has been admitted. The Alchemist Asset Reconstruction Company Ltd. Respondent No. The High Court then passed the impugned judgment dated 01.06.2018, in which it refused to transfer the winding up proceedings pending before it, and set aside the NCLT order dated 13.04.2018, stating that it had been passed without jurisdiction. Meanwhile, in Company Petition No. Accordingly, the writ petitions and the companypany petition were placed for further orders on 05.07.2018. The State of Rajasthan tried to revive the companypany, but with numbersuccess. On 26.09.2002, the BIFR was of the prima facie opinion that the companypany ought to be wound up, which opinion was forwarded to the High Court. 3 herein preferred an application under Section 7 of the Insolvency Code, stating that it had an assigned debt of INR 356 crores owed to it by the Respondent No. In the meanwhile, on 11.01.2018, the Respondent No. Ultimately, in a writ petition filed by a workers union, being Writ Petition No. 1 companypany had become a number performing asset, and since the companypanys net worth had turned negative, a reference was made to the Board for Industrial and Financial Reconstruction BIFR under the Sick Industrial Companies Special Provisions Act, 1985 SIC Act . 3 acquired substantially all the financial debts of Respondent No. Against this order, a Special Leave Petition SLP was preferred in which this Court, on 09.05.2018, dismissed the SLP as withdrawn and directed the petitioner to make submissions before the High Court in the pending companypany petition and allied matters. 504/2000, the High Court, on 07.12.2017, directed the Official Liquidator to be provisionally attached to the Court, and to join in the evaluation of the value of goods and material lying in the factory premises of the companypany so that dues of the workmen companyld be paid. The High Court ultimately registered the case as Company Petition No. Accordingly, a moratorium was declared in terms of Section 14 of the Code and an interim resolution professional was appointed. On 30.09.1997, the account of the Respondent No. F. NARIMAN, J. This case has had a chequered history. Leave granted.

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2018_919.txt

330/3 ? 330/3 which was the only plot in which the respondents had claimed rights as Sirdars. 330/3 and Bhudars of the remaining plots. 729/2, 725/2, 723/2 881/2 and 330/3 on the ground that they were Sirdars of plot No. 3 Whether plaintiffs are Sirdars of plot No. 2 Whether plaintiffs are Bhumidars of the plots in suit except plot No. The High Court held that the order purporting to be under s. 212A of the Act was number valid, because it did number direct payment of companypensation as required by s. 212A 6 of the Act, so that the rights as Sirdars and Bhumidars were number lost by the respondents. The Sub Divisional Officer, purporting to act under S. 212A of the Act, passed an order for dispossession of the plaintiffs respondents and granted possession of the lands to the appellant, Gram Sabha, Besahani. If so, its effect ? 3 in respect of plot No. The main allegation was that the Chairman of the Gram Samaj of the village, in which the plots were situated, had, for certain reasons, filed an application before the Sub Divisional Officer under section 212A of the Act or dispossession of the plaintiffs respondents on the ground that these lands were of public utility and they vested in the Gram Samaj. This ground raised in the appeal has to be rejected, as we are of the opinion that the High Court was perfectly companyrect in holding that the order of the Sub Divisional Officer under, S. 212A of the Act was number valid and, companysequently, the provisions of S. 212A 7 of the Act were never attracted to the present dispute. That order purporting to be under s. 212A of the Act was challenged as invalid and, on that basis, possession was claimed from the appellant under s. 209 of the Act, alleging that the possession of the appellant was without any legal right. 1 Whether the plaintiffs have right to file the present suit ? 7Whether the suit is barred by section II, C.P.C. ? On this issue, the Revenue Court went into the first question only raised on behalf of the appellant and held that it was number proved that the respondents had ever been admitted to tenancy of this plot of land, so that they never became Sirdars of this land. The plaintiffs respondents filed a suit No. 8 5 8 6 Whether the suit is barred by s. 23, C.P.C. ? 1 of 1951 hereinafter referred to as the act , claiming possession of five plots Nos. P. Sinha, E. C. Agrawala and P. C. Agrawala, for the appellant. 2 was triable exclusively by the Civil Court and, companysequently, the Revenue Court, which was seized of the suit, referred this issue to the Civil Court for a finding. On receipt of this finding from the Civil Court, the Revenue Court proceeded to record its own finding on issue No. The suit was defended on behalf of the appellant on various grounds as a result of which the following ten issues were framed by the trial Court Issue No. In view of these findings numberdecision was recorded on issues Nos. 25 of 1957 under section 209 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 No. 5 10, and the suit was dismissed. 4482 of 1961. C. Misra and H. K. Puri, for respondents Nos. 719 of 1966. The respondents then filed a second appeal in the AllahabadHigh Court. The Judgment of the Court was delivered by Bhargava, J. CIVIL APPELLATE JURISDICTION Civil Appeal No. Two points have been raised in this appeal on behalf of the appellant before us. Appeal by special leave from the judgment and order dated February 18, 1965 of the Allahabad High Court in Second Appeal No. That order was upheld by the first appellate Court. The appellant has number companye up to this Court against this judgment by special leave. I and 2.

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1968_111.txt

The appellants filed the returns of income disclosing the assessed income as the income. In response to the same, the assessee filed the returns of income disclosing the income assessed as the income. The assessees were unsuccessful before the Commissioner of Income Tax Appeals . The respondent assessing authority treated the difference between the income as per original return and revised income as companycealed income. Held, that the levy of penalty was based on the addition to income made by the Income tax Officer. The difference between the income as per the original returns and the income shown in the revised returns was treated as companycealed income and the Assessing Officer has levied the penalty under Section 271 1 c of the Act in all these years. A companysolidated order was passed by the Commissioner of Income Tax Appeals on 18.7.1990 for the assessment years 1983 84 to 1986 87. Giving effect to the Income Tax Appellate Tribunals order in I.T.A. The Assistant Commissioner of Income Tax levied penalties under Section 271 1 c of the Income Tax Act, 1961 hereinafter referred to as the Act for all the aforesaid four assessment years. Commissioner of Income Tax v. Bhagwan Ltd., 1987 168 I.T.R. Therefore, the assessee filed the appeals before the Income Tax Appellate Tribunal Madras in I.T.A. On 24.10.1996, the appellants had preferred an appeal before the Income Tax Appellate Tribunal against the companysolidated order passed by C.I.T. Appeals on 18.7.1990 for assessment years 1983 84 to 1986 87. The gist of the prosecution case was that a companyspiracy was entered into between the accused appellants and they filed false returns of income before the Department which led to companycealment of income to evade tax. Commissioner of Income Tax v. Bedi and Co. P Ltd., 1990 183 I.T.R. Commissioner of Income Tax v. Roy Durlabhji, 1995 211 ITR. Assessment year 1983 84 Rs. The revised returns were accepted by the Department and the assessments were companypleted. 705 held that there was numberconcealment of income by the assessee and accordingly the penalties were cancelled and allowed the appeals. 7,28,531 Assessment year 1986 87 Rs. 13,47,229 Assessment year 1986 87 Rs. The first appeal against the order of penalties levied for companycealment of income against the appellants were companyfirmed by the C.I.T. Appeals . Additional Commissioner of Income Tax v. Badri Prasad Kashi Prasad, 1993 200 I.T.R. Commissioner of Income Tax v. Bengal Jute Mitts Co. Ltd., 1988 174 I.T.R. 32 35 for assessment years 1983 84 to 1986 87. 10,37,920 The revised returns were accepted by the Department and assessments were companypleted. The companyt of companystruction was shown as under Assessment Year 1983 84 Rs. If that were to be adopted then the income would result in a loss. It was companytended that the Department has number brought out any material to show that there was companycealment of income. Hence, the Tribunal was justified in cancelling the penalty. We also perused the relevant provisions under the Income Tax Act, 1961 and of the Indian Penal Code. We have perused the pleadings, the order passed by the High Court, companyy of the companyplaints, companyy of the order dated 24.10.1996 passed by the Income Tax Appellate Tribunal, Madras, order dated 11.12.1996 passed by the Additional Chief Metropolitan Magistrate, Chennai, companyy of the proceedings of the Income Tax Officer cancelling the penalty levied under Section 271 1 c of the Act, companyy of the application filed on 12.12.1996 by the appellants and companyy of the order passed thereupon on 21.7.1997 and companyy of the order dated 4.8.1997 passed by the ITAT Bench Madras in Reference Application Nos. In the meanwhile, the Revenue Department filed an application under Section 256 1 of the Act for reference to the question of law which had arisen out of Income Tax Appellate Tribunals Order dated 24.10.1996. 7,03,002 The appellants filed revised returns as per the approval valuers report for assessment years 1983 84 to 1986 87 on 4.11.1987 in the following manner as the earlier returns were found to be defective with regard to companyt of companystruction. 4,72,860 Assessment year 1984 85 Rs. 8,76,000 Assessment year 1984 85 Rs. 5,77,590 Assessment year 1985 86 Rs. 5,42,000 Assessment year 1985 86 Rs. In all these appeals, the assessee disputed the imposition of penalty under Section 271 1 c of the Act. Held, that the orders of reassessment on the basis of which penalties were levied had been set aside by the Tribunal. 3129 3132, the penalties levied under Section 271 1 c of the Act were cancelled by the respondent on 27.1.1997. Therefore, on 4.11.1987, the assessee filed a revised return estimating the companyt of companystruction on the basis of the approved valuers report. As per the directions of the Chief Commissioner of Income Tax, four companyplaints were filed in the Court of Additional Chief Metropolitan Magistrate, Egmore, Chennai for offences under Sections 276C 2 , 278B of the Act and Sections 120B, 34, 193, 196 and 420 of the Indian Penal Code. v. C.I.T., Delhi, 1987 168 I.T.R. Accordingly, penalty proceedings were initiated. The companystruction of some of the projects started in the year 1981 82 and was companypleted in the year 1986 87. The addition was deleted by the Tribunal. Held, that the penalty was based on the earlier assessment order wherein the amount representing cash credits was included. The learned Single Judge of the Madras High Court rejected the criminal revision vide his impugned order holding that the Income Tax Appellate Tribunals order was number applicable since it was number marked as defence document whereas the fact remains that the order was passed at a subsequent date. After filing the returns in accordance with these books, the assessee came to know that the Books of Accounts were defective with regard to the companyt of companystruction. The appellants thereupon moved an application before the Additional Chief Metropolitan Magistrate, E.O.II , Egmore, Chennai by filing M.P. The assessments were initially companypleted under Section 143 3 of the Act. Thereupon, the appellants preferred a Criminal Revision under Sections 397 and 401 of the Criminal Procedure Code, 1973 before the High Court for setting aside the order passed by the Additional Chief Metropolitan Magistrate dated 21.7.1997. Hence, the order of penalty companyld number stand by itself. In this case also, similarly, the application was moved by the assessee before the Magistrate to drop the criminal proceedings which were dismissed by the Magistrate and the High Court also on a petition filed under Sections 397 and 401 of the Code of Criminal Procedure, 1973 to revise the order of the Additional Chief Metropolitan Magistrate has also dismissed the same and refused to refer to the order passed by the companypetent Tribunal. 425 of 1990 praying the Court for adjourning the proceedings in the above case to enable them to move the necessary petition and to file the companyy of the order of the Tribunal dated 24.10.1996 which allowed the appeals preferred by the 1st accused against the levy of penalty upon them. Whereas the fact remains that the defence documents were marked earlier to the order dated 24.10.1996 passed by the Appellate Tribunal which was immediately thereafter brought to the numberice of the trial Court even by the prosecution in their own application. v. Union of India, 1992 197 I.T.R. The Tribunal, after verifying the records, found that the additions were on the basis of settlement between the assessees and the Department and represents voluntary offer made by the assessee and, therefore, in such circumstances the Tribunal applying the principles laid down by this Court in the Case of Sir Shadilal Sugar and General Mills Ltd. and Anr. 3411 of 1997 dated 13.8.1997 by which the High Court dismissed the criminal revision under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973. It was companytended that the Assessing Officer referred the matter relating to valuation of the Department Valuation Cell which reportedly estimated the companyt of companystruction at Rs. The application of the Revenue Department was rejected. supra helps the appellants to the extent that the trial Court should have given due regard to the Tribunals order but clearly made an error by distinguishing the said judgment on the ground that the Tribunals order was marked as a defence document whereas in the instant case it was number marked as a defence document. However, the learned Magistrate permitted the appellants to mark the order of the Tribunal in evidence at the appropriate stage of trial for which prosecution had numberobjection. Nos. 508 of 1997 and Criminal Misc. 422 to 425 of 1990, charges, were framed against the accused firm and its partners in September, 1993 and by October, 1996, nine prosecution witnesses had already been cross examined and the prosecution witness No. These appeals are directed against the final judgment passed by the High Court of Judicature at Madras in Criminal Revision Case No. 196 was cited. Mohammed and Anr. 50,96,750. Before the High Court, the decision of this Court in K.T.M.S. 614 of 1996 in C.C. The facts giving rise to these appeals are as under The appellant is a partnership firm engaged in the business of companystruction and sale of flats. C. Lakshmanan, J. 348. 402. 206. Petition No. 59. No.

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2003_929.txt

A3 was at the Police Station. On seeing PW 1, A2 to A5 held his hands and A1 instigated others to kill him. PW 1 to PW 3 and PW 5 rushed to the place and removed the deceased to the Government Hospital Dharmapuri where he was declared dead. PW 1 intervened in the quarrel. Thereafter, the deceased and PW 1 got into a car and went to Madhikonpalayam. On 11/11/1992 the situation in Madhikonpalayam village was tense. At about 1.15 p.m. PW 1 came out of the rice mill and saw A1 to A5 companying from the east. PW 1 then went to Dharmapuri Police Station and lodged his FIR Ex. A3 was arrested on 20/11/1992. On 11/11/1992 at about 7.30 p.m. PW 1 Pandurangan, PW 4 Jabbar and one Nanjappan were sitting near a bus stop at Dharmapuri. Thereafter A3 to A5 held the hands of the deceased and A2 stabbed the deceased on the left side of his chest. While he was proceeding to Tirupathur Road, A3 was attacked by PW 1 with a stone. A1 instigated his sons to kill him. They were discussing about the ensuing marriage of PW 1s son. A2 was arrested on 19/11/1992. They alighted near the rice mill. On seeing him, PW 1, PW 3 and two others held him and dragged him towards the mill and threatened him that he is going to be tied and thrown into fire. 1 to the police. A4 beat PW 1 with a cycle chain on his head, back of chest and left side of the wrist. During the pendency of these appeals A1 Swami Kannu has died. According to A2 in order to escape from their attack and save his life, he took out a penknife, which was in his key bunch, and stabbed generally with it without targeting anybody or any part of the body and, thereafter, ran to Madhikonpalayam Police Station and surrendered. A companyplaint was given to the Police Officer about the burning of his rice mill but the Police Officer did number record the said companyplaint. The deceased fell down and all the accused ran away. The other accused surrendered. A1 denied all the incriminating circumstances and stated that a false case was foisted on him. A3 filed a written statement and took a similar stand. Criminal Appeal No.1700 of 2005 is filed by the State of Tamil Nadu and Criminal Appeal No.1453 of 2005 is filed by Ranjitham, wife of deceased Ranganathan challenging the said judgment and order acquitting all the accused. The police acted in a biased manner and implicated all his family members in this case. He also stated that the henchmen of the deceased damaged their properties, but the police did number take any action against them because they belonged to a particular political party. He did number handover knife M.O. After companypletion of the investigation the accused were charged as aforesaid. The case of the prosecution needs to be narrated in brief. The substantive sentences were directed to run companycurrently. In support of its case, the prosecution examined as many as 21 witnesses.

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2011_820.txt

5.38 potkharab and Ac. The balance of Ac. 54.00 plus Ac. 2.26 of number agricultural land and that Ac. 90.38 and was entitled to retain Ac. In the High Court, the declarant claimed exclusion of lands sold by him and also lands sold by his wife between 26.9.70 and 19.9.75. It was published in the Gazette on 7.8.75 and was brought into force initially on 19.9.75. As a companysequence, the Maharashtra Amending Bill LVI of 1972 was introduced in the State Legislature on 7.8.1972 and was passed. Nargolkar that the view taken by the High Court is erroneous and that the fact that there was gap of one day between the companymencement of the two Amending Acts was irrelevant and that the words in Section 10 1 defeating the objects of the Amending Act, 1972, mean the provisions of the Amending Act, 1972 as further amended by the Amending Act, 1975. But the said Act of 1972 received the Presidents assent only on 7.8.75 and it thereafter became Act XXI of 1975. In other words, as on the date when the declaration was filed by the owners, the Amending Act of 1972 Act XXI of 1975 was applicable as it was brought into force w.e.f. The appellate Tribunal held that there was numbercase made out for excluding the land companyered by other sales inasmuch as there was numberproof that the sale of lands for Rs. The primary Tribunal in its order dated 27.5.76 came to the companyclusion that the landlord owned Ac. The properties held by the husband and wife and other members, of the family unit have to be clubbed together and the bona fides of the sales made between 26.9.70 and the companymencement date had been rightly gone into by the lower Tribunals and theses transfers were number accepted as bonafide. The appellate Tribunal, in its order dated 15.7.76 held that the plea regarding a partition dated 15.1.1970 between the declarant, his wife and son was number seriously companytended but in any event, the land held by the wife had to be clubbed with that held by the husband in view of the section 4 of the principal Act of 1961, as amended. 29.94 were held surplus and were to be surrendered. 15,000 was spent for purchasing other land and the bulk of the companysideration was spent for companystruction of a house at Nagpur and that companyld number, according to the appellate Tribunal, be companysidered as a sufficient reason for claiming exclusion of the other lands also, inasmuch as numbercompelling necessity was proved. This Amendment of 1972 reduced the ceiling area and also brought in the companycept of family unit. 3.80 sold for companypelling necessity was number liable to be included in his holding. Further, the partition was unregistered and the declarantss son was a minor at that time. Other sales were number liable to be excluded. L.J. In this appeal, it is companytended by the learned companynsel for the State of Maharashtra, Sri D.M. 865. On the other hand, learned companynsel for the respondents Sri U.U. Lalit companytended that the view taken by the High Court was companyrect. In the result, the application was allowed and the orders of both Tribunals were quashed.

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1998_1186.txt

It is the companytention of the appellants that in the absence of any such Gazetted Notification the State has numberauthority to companylect the entertainment tax at a higher rate. The main companytention urged on behalf of the appellants by Ms. K. Amareshwari, learned senior companynsel, is that the respondent State companyld number have companylected entertainment tax from the appellants at a rate which is applicable to cinema theatres situated in the area administered by a Municipality because the State Government under the Municipalities Act had number issued any numberification equating the respective areas in which appellants cinema theatres are situated, with a Municipality. With CA Nos.11302 03/95 SANTOSH HEGDE, J. Having failed in their endeavour to question successfully the validity of the Andhra Pradesh Entertainments Tax Second Amendment Act, 1988 inserting Explanation II in Section 4 of the Andhra Pradesh Entertainments Tax Act, 1939 before the High Court of Judicature Andhra Pradesh at Hyderabad, the appellants are before us in these appeals by way of special leave.

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2002_787.txt

Y. EQBAL, J. By way of present appeal by special leave, Secretary to the Government of Tamil Nadu, Public Law and Order F Department, Chennai has assailed the Order dated 26.4.2013 passed by the Division Bench of the Madras High Court at Madurai Bench by which order of detention passed by the appellant under Section 3 1 a of the National Security Act 1980 has been quashed. Leave granted.

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2014_525.txt

By these amendments, the BDA was statutorily entrusted with the obligation of providing certain civic amenities specified in Section 28A of the Act and in Section 28B, the BDA was specifically empowered to levy and companylect property tax in the same manner and at the same rate as was provided in the Corporation Act. Under Section 28C, the BDA was given the status of a local body to companylect the cess payable under the various Acts specified in the said Section and Section 7 of the Amending Act validated all the companylection made by the BDA which was declared as without authority of law by the earlier judgment of the High Court. In the said judgment the majority, while upholding the validity of the delegated legislation and negativing the companytention of excessive delegation, among other factors, found that delegation to an elected body was in itself a safe way of delegation because an elected body responsible to the people including those who pay taxes would act responsibly in the exercise of the said delegated power. After the said judgment of the Division Bench, an Ordinance was promulgated which later became an Act of the Legislature whereby the principal BDA Act came to be amended by the Bangalore Development Authority Amendment Act, 1993. By this Amending Act, Sections 28 A, 28 B and 28 C were incorporated in the said Act. For this proposition the appellant strongly placed reliance on a judgment of this Court in Municipal Corporation of Delhi v. Birla Cotton, Spinning and Weaving Mills, Delhi Anr. The said finding of the learned Single Judge came to be affirmed by the appellate Bench in Writ Appeal Nos.223 39/92. 1968 3 SCR 251 . The said challenge being negatived by the High Court, the appellant is before us in this appeal.

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2001_1056.txt

It manufactures glassware. Because the assessee held shares in this chemical companypany and the chemical companypany held shares in the assesses and the chairman and three directors were companymon, it was companytended by the revenue that they were related persons and that the price at which the assesses sold glassware to the chemical companypany should be marked up for the purposes of valuation for excise duty. The matter having reached the tribunal, the case put forth by the revenue was accepted on this basis In the present case both the companypanies were set up by the same family and the appellant companypany is holding 9 of the shares of M s. Alembic Chemical Works Co. Ltd. while M s. Alembic Chemical Works Co. Ltd. holds 14 shares of the total shares held in the appellant companypany. One of the purchasers of such glassware during the period under appeal, namely, 6th September, 1979 to 15th January 1983 was the Alembic Chemical Works Company Limited. The appellant is a public limited companypany.

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2002_292.txt

It is thereafter the Enquiry Officer has relied upon the documents produced by the Presenting Officer and adverted to various documents produced by the petitioner as well. The petitioner had been given documents for inspection as per the list given by the Presenting Officer and he made a statement on 18.7.1988 that he had verified all the documents and papers and inspected the documents as per the list given in the letter dated 24.5.1988. The stand of the respondents is that full opportunity was given to the petitioner by either furnishing companyies of documents or inspection thereof that the production of oral evidence through Shri S.C. Tandon and Shri A.K. Regulation 6 5 of the Regulations which requires the disciplinary authority shall, where it is number the inquiring authority, forward to the Inquiry Authority the following documents A companyy of the articles of charge and statement of imputations of misconduct or misbehaviour A companyy of the written statement of defence, if any, submitted by the officer employee A list of documents by which and list of witnesses by whom the articles of charge are proposed to be substantiated A companyy of the statement of the witnesses, if any Evidence proving the delivery of the articles of charge under sub regulation 3 and A companyy of the order appointing the Presenting officer in terms of sub regulation 6 . Dey that under Regulation 6 18 of the Punjab National Bank Officer Employees Discipline and Appeal Regulations, 1977 hereinafter referred to as the Regulations 15 days time should have been given to him for furnishing a written brief after companypletion of the production of evidence, but the Enquiry Officer gave him only two days time that the companyy of the enquiry report was number given to him before imposing the punishment of dismissal. In challenging by way of a writ petition the order of dismissal the petitioner companytended that the enquiry is vitiated as he did number have any reasonable opportunity to have the companyies of the documents or inspection thereof that he was number afforded an opportunity to adduce oral evidence by examining two witnesses Shri S.C. Tandon and Shri A.K. Therefore, the companytention of the petitioner that he did number have reasonable opportunity to inspect the documents is incorrect. Fulfilment of some of the requirements of this Regulation is purely procedural in character. The learned Single Judge, inter alia, held that the disciplinary authority did number forward to the Inquiring Authority the documents and lists of witnesses before companymencing the enquiry against the petitioner and accepted each one of the companytentions raised by the petitioner and allowed the writ petition. Ramzan Khan, 1991 1 SCC 588, number furnishing of a companyy of the enquiry report would number affect the order of dismissal that the petitioner having made oral submissions pleaded for grant of time to file written brief only in case the Presenting Officer also did so that when the Presenting Officer did number file any written brief, question of petitioner filing the same would number arise that even otherwise, the petitioner did number ask for more time than granted and hence, cannot make a grievance of the same. He was dismissed from service by an order made on October 8, 1988 on the basis of an enquiry companyducted by an Enquiry Officer and the report made on September 26, 1988. Unless in a given situation, the aggrieved party can make out a case of prejudice or injustice, mere infraction of this Regulation will number vitiate the entire enquiry. Dey was denied as such request was made at a belated stage and their evidence would be irrelevant to the enquiry that the petitioner having been dismissed by an order made on October 8, 1988 before the decision of this Court Union of India vs. Mohd. The petitioner before us was employed on the establishment of the first respondent Bank. J U D G M E N T RAJENDRA BABU, J. On appeal, the Division Bench reversed the decision of the learned Single Judge and dismissed the writ petition. Hence, this appeal by special leave.

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2002_1091.txt

Dave, learned senior companynsel appearing on behalf of Shri Gopal Ansal and Shri Sushil Kumar, learned senior companynsel appearing on behalf of Shri Nirmal Singh Chopra and Shri Ajit Chaudhary. Accused Shri Nirmal Singh Chopra and Shri Ajit Chaudhary have been companyvicted under Section 304 read with Section 36 I.P.C. During the companyrse of arguments, Shri Gopal Subramaniam, learned Additional Solicitor General, made a statement that he joins the prayer made on behalf of the Association for setting aside the orders granting bail even to Shri Sushil Ansal and Shri Gopal Ansal. Heard Shri K.T.S. A perusal of the record shows that the trial Court companyvicted accused Shri Gopal Ansal and Shri Sushil Ansal under Section 304 A read with Section 36 of the Indian Penal Code, 1860 hereinafter referred to as I.P.C. Tulsi, learned senior companynsel appearing on behalf of Association of Victims of Uphar Tragedy hereinafter referred to as the Association, Shri Gopal Subramaniam, learned Additional Solicitor General appearing on behalf of the Central Bureau of Investigation, Shri Fali S. Nariman and Shri Uday U. Lalit, learned senior 2/ 2 companynsel appearing on behalf of Shri Sushil Ansal, Shri D.A. and sentenced to undergo rigorous imprisonment for a period of six months. and sentenced to undergo rigorous imprisonment for a period of seven years and to pay fine of Rupees five thousand each and in default to undergo simple imprisonment for a further period of six months. and sentenced to undergo rigorous imprisonment for a period of two years. and sentenced them to undergo rigorous imprisonment for a period of two years and to pay fine of Rupees five thousand each and in default, to undergo simple imprisonment for a further period of six months. 3/ 3 In criminal appeals filed by the Association, prayer has been made for setting aside the orders granting bail to all the aforesaid four accused persons whereas in criminal appeals filed on behalf of the Central Bureau of Investigation, prayer has been made for setting aside the orders granting bail to accused Shri Ajit Chaudhary and Shri Nirmal Singh Chopra. They have been further companyvicted under Section 337 read with Section 36 I.P.C. They have been also companyvicted under Section 338 read with Section 36 I.P.C. Nos.5956 5959 of 2008 Criminal Appeal Nos.1456 57 of 2008 Arising out of S.L.P. They have been then companyvicted under Section 14 of the Delhi Cinematograph Act, 1952 and sentenced to pay fine of Rupees one thousand each and in default, to undergo simple imprisonment for a period of two years. Criminal Appeal Nos.1452 55 of 2008 Arising out of S.L.P. Nos.6244 6245 of 2008 Leave granted. Crl. Against their companyvictions and sentences, the aforesaid four accused persons preferred regular appeals before the High Court, which have been duly admitted, and pending hearing of the appeals, all of them have been ordered to be released on bail.

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2008_2339.txt

451/87. In June 1971, however, the State Government decided to fill up the post of junior teacher in the Medical Colleges from amongst the Assistant Surgeons by process of selection to be selected by the Selection Committee. Between the period 1960 till June 1971 the doctors who were appointed as Assistant Surgeons through a process of selection by the Orissa Public Service Commission were also being posted as a junior teacher in any of the Medical Colleges. In the year 1973, a set of rules for recruitment and promotion to the various teaching posts in the Medical Colleges were framed under the Proviso to Article 309 of the Constitution, called the Orissa Medical Health Services Recruitment and Promotion to the Teaching Posts in the Medical Colleges Rules, 1973 hereinafter referred to as The Recruitment Rules of 1973 . This appeal by the State of Orissa is directed against the judgment of the Orissa Administrative Tribunal, Bhubaneshwar in T.A. By the impugned judgment the Tribunal having altered the seniority of the junior teachers in the Department of Surgery, the same is being assailed inter alia on the ground that the Rule 8 2 iii cannot have any application for determining the inter se seniority between these junior teachers who were appointed in the year 1971 by a Selection Committee. The brief facts, necessary for examining the point in issue, may be stated thus The post of junior teacher is a teaching post attached to the Medical Colleges of the State, whereas, Assistant Surgeons are posts attached to different Government hospitals in the State. 2 to 15 and the said Writ application stood transferred to the Orissa Administrative Tribunal under Section 29 of the Administrative Tribunal Act and was numbered as Tribunal Appeal No. The Tribunal by the impugned judgment dated 4.5.92 having allowed the same and having declared respondent number1 to be senior to respondent number. PATNAIK, J. No.

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1995_628.txt

The rent, payable by the first plaintiff to the landlord, fell into arrears and so the landlord sued him for the arrears. The rent fell into arrears again and the landlord sued for a second time. The defendant obtained possession under Section 225. But under it, even if the defendant had number already been a mortgagee, he became a statutory mortgagee and would still have been liable to redemption. This is a defendants appeal. This however did number destroy his subsisting rights as a mortgagee because Sub section 2 , Section 225 expressly preserved them to him. He mortgaged them to the defendant on 13 9 1930 by way of simple mortgage. It was purchased by the defendant on 24 6 1937 for a numberinal sum of Rs. The suit was for possession and, in the alternative, for redemption of the plaint properties. A decree was obtained and the property was put up for sale. This time numberone paid and so the property was put up for sale again. The first plaintiff was a tenant of the suit lands under the Orissa Tenancy Act. Bose, J.

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1953_95.txt

On the basis of said information the investigating agency proceeded to the spot, prepared the inquest report, registered an FIR under Section 302, IPC, sent the dead body for post mortem and after PW 4, Neelagiri Bhoomiah, husband of the deceased and PW 5, Neelagiri Mogulamma, daughter of the deceased, identified the photograph and small cloth purse to be that of the deceased, recorded their statements. Kusti Yellaiah, PW 6, eye witness to the occurrence, had accompanied them. Shorn of unnecessary details, the case of the prosecution as unfolded is that on 9.2.1997 in the morning hours Koninti Yerrolla Veeraiah, A 1, and Kusti Malliah, A 2, took the deceased, Neelagiri Parvamma, with them Shiver in the Thimmaiapally hillocks. PW 6, being panicky stricken, ran away from the spot. On the next day, i.e., 11.2.1997 about 8.00 a.m. PW 1, P. Vittal Reddy, the Village Administrative Officer, Thammaiahapally, companying to know about the dead body of a woman lying in the forest, from a village shepherd, rushed there and found the dead body of the deceased lying half naked. Thus, the chronology of events clearly shows that the police, on the basis of the report recorded under Section 174 CrPC, companyducted the inquest and after the PW 4 and his daughter, PW 5, identified the photograph, companymenced the investigation. On that day itself the statement of PW 6, who was an eye witness to the incident, was recorded. The FIR was lodged by Vittal Reddy, PW 1, and it companytained that dead body of a woman was lying naked in the forest and it had been numbericed by a shepherd who was grazing the cattle and on the basis of the same a report under Section 174 of the Code of Criminal Procedure was registered and, accordingly, the body was sent for post mortem. Thereafter, he along with his daughter went to the police station where they were shown the photograph of the deceased and a small cloth purse which they identified to be that of the deceased and, thereafter, the investigation companymenced for offences punishable under Sections 302 and 404 read with 34 IPC was registered. The accused persons and the deceased companysumed liquor and, thereafter, both the accused removed her clothes, ravished her and assaulted her. Thereafter, his brother, Lingaiah, and he searched for her and on 18.2.1997 they came to know that some woman was found dead in Thammaiahapally and the police had been informed. Thereafter, both the accused persons stole the gold and silver ornaments and brutally assaulted with stones, as a companysequence of which she sustained injuries and succumbed to the same. On 7.5.1997, the accused persons were arrested and 30 gold gundlu weighing about half tula was seized from the custody of A 1 and two silver anklets and one hand bolukada weighing about 22 tulas from the possession of A 2. The said action of the A 1 and A 2 was objected to by PW 6, but he was pushed away and being scared he went and stood at a distance of approximately 300 yards. The learned trial Judge, after companysidering the evidence on record, came to the companyclusion that the prosecution had been able to establish the guilt of the accused persons for the offences punishable under Sections 302 and 404 read with 34 IPC and companyvicted them to suffer imprisonment as has been referred to hereinbefore. 79 of 1998 wherein the learned trial Judge, after finding the appellant along with one Koninti Yerrolla Veeraiah, A 1, guilty of the offences punishable under Sections 302 and 404 read with 34 of the Indian Penal Code for short IPC , had sentenced each of them to undergo rigorous imprisonment for life on the first companynt and three years on the second score. It is clear from the evidence on record that when the wife of PW 4 and mother of PW 5 did number companye back from her parental home after two days as per schedule, the husband requested one of the villagers to go to his father in laws house and ask his wife to return to her matrimonial home. 909 of 2002 wherein the High Court, analyzing and appreciating the ocular and documentary evidence on record, came to hold that the finding of guilt recorded by the learned trial Judge on the basis of the sole testimony of PW 6 companyld number be faulted. After the information was sent, on the next day his mother in law and sister in law came to the house and informed that the deceased had number companye to their house. He returned from the forest and about 11.30 a.m. and gave the information at Papannapet Police Station. Thereafter, A 2, the present appellant, preferred Criminal Appeal No. The post mortem report revealed the following external and internal injuries External injuries Lacerated injury fore head left side 2 x companymunicating into the cavity of skull. The prosecution, in order to bring home the charges, examined as many as 14 witnesses and got marked exhibits P 1 to P 11 and also MO 1 to MO 9. D 1 to D 3, the companytradictions in the statements of PWs 4 and 5 were marked. The accused persons denied the charges, pleaded innocence and claimed to be tried. We have heard Mrs. Rachana Joshi Issar, learned companynsel for the appellant, and Mr. D. Mahesh Babu, learned companynsel for the respondent State. 990 of 2005 by the High Court of Judicature, Andhra Pradesh whereby the Division Bench has companycurred with the companyviction and the imposition of sentence by the learned Principal Sessions Judge, Medak at Sangareddy in S.C. No. Challenging the judgment of companyviction and order of sentence, A 1 preferred Criminal Appeal No. On behalf of the accused Ext. Dipak Misra, J. After companypletion of investigation charge sheet was laid before the companypetent Magistrate who, in turn, companymitted the case to the Court of Session. Calling in question the legal propriety of the judgment of companyviction and order of sentence passed in Criminal Appeal No. It is worthy to numbere that the said appeal was disposed of on 21.9.2004. Being of this view the High Court dismissed the appeal and companyfirmed the companyviction and sentence.

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2013_300.txt

On May 1, 1984 the Union of India filed before the Court two sets of seniority lists in respect of the above two Services namely, lists based on the principle of rotation and lists based on Rule 9 C of the Indian Economic Service Indian Statistical Service Rules. The perennial dispute regarding seniority between direct recruits and promotees which exists in Almost all the departments of Government has number spared the Indian Economic Service and the Indian Statistical Service with which we are companycerned in this case. 2604 of 1985. Then on July 24, 1984 the Court while declining to endorse either of the two seniority lists directed the Union of India to implement the order dated February 1, 1984 on or before 30th November, 1984. A few officers who had been recruited as direct recruits to the posts in Grade IV in the said departments were impleaded as respondents and they were sued in a representative capacity as representing all other direct recruits who were likely to be affected by the decision. The revised seniority lists prepared by this Respondent and finalised after inviting objections etc. After the above case was heard, the Court passed a short order on February 1, 1984 which reads thus We are number able to understand why the vacancies available to the departmental candidates under Rule 8 ii of the Indian Economic and Indian Statistical Services Rules, 1961, have number been filled up on regular basis. 2604 of 1985 companyplaining that the Union of India had failed to companyply with the order made by this Court and that action should be taken for companytempt against it. Earlier certain persons who had been holding posts in Grade IV of these two Services had filed Writ Petition No. Sakarwal, Deputy Secretary, Department of Economic Affairs, New Delhi thus In view of the submissions made above this Respondent would urge that the directions of the Honble Court dated 1.2.84 in the matter of i filling the vacancies under Rule 8 ii and ii to fix the seniority according to Rules without the application of rotation system, have been companyplied with bona fide and in a good faith. Since on a perusal of the said lists it was found that the position of some of the departmental promotees who had already put in nearly 15 years of service in Grade IV was worse than V the position in which they were before the writ petition was filed and were facing imminent threat of reversion to the feeder posts from which they had been promoted several years ago, the Court directed the petition to companye up for hearing before the Court on its re opening after summer vacation and directed that status quo should be maintained in the mean while. While opposing the application for companytempt, on behalf of the Union of India it was stated in the companyrse of the affidavit sworn by Shri P.L. Govinda Mukhoty and P.K. K. Garg, R.K. Jain and Guptha Jain for the Respondents. Suchitra for Petitioner Nos. The said petition was filed in a representative capacity with the leave of the Court under Order I Rule 8 C.P.C. This is the second phase of the battle which is being waged in this Court. P. Rao, Uma Dutta and Miss C.K. Union of India The Judgment of the Court was delivered by VENKATARAMIAH, J. Ganguli, R.D. 1595 of 1979. Agarwala and C.V. Subba Rao for the Respondents. In the meanwhile the petitioners filed Civil Miscellaneous Petition No. 235 G H 236 B ORIGINAL JURISDICTION Civil Miscellaneous Petition No. Under Article 32 of the Constitution of India. IN Writ Petition No. Petitioner No. S. Nariman, A.K. Gupta for the Intervener. 1 in person. 2 to 25.

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1986_364.txt

2,47,000 in respect of the borrowing from the Bank of India hereinafter referred to as the Bank by the assessees father. In order to meet his income tax liability the assessees father had, in his lifetime, borrowed certain amount from the Bank and the said Bank had granted overdraft facilities to the assessees father. When the assessee inherited the properties from his father, he was also required to meet the liability which had accrued out of inherited assets and he was obliged to pay interest to the Bank on the amount outstanding in the overdraft account with the Bank . The amount that was advanced in the overdraft account was secured by the assessees father by pledging with the Bank various shares which he was owning at the relevant time. The dividend income which the assessee derived from the shares pledged with the Bank was sought to be brought to tax during the assessment years companycerned. On his death the assessee inherited various assets amounting to Rs. The assessee claimed that since he has also paid interest to the Bank on the overdraft account the said amounts of interest which he had paid to the Bank were required to be deducted from the gross receipts in order to companypute the real income earned by the assessee during the relevant assessment years for the purpose of income tax. The assessees father died on 7 7 1965. This claim of the assessee was turned down by the Income Tax Officer as well as by the Appellate Assistant Commissioner and ultimately by the Income Tax Appellate Tribunal hereinafter referred to as the Tribunal . 12,38,000 and liabilities worth Rs. 5497 for the Assessment Years 1966 67 to 1969 70 respectively? 50,025 and Rs. Rs 54,632, Rs. The appeals relate to the Assessment Years 1966 67 to 1969 70. By the impugned judgment the High Court has answered the said question in favour of he assessee and against the Revenue. Whether on the facts of the case, the Tribunal was right in law in holding that the assessee was number entitled to deductions of the interest payment of Rs. 20,435. These appeals by the Revenue are directed against the judgment of the Gujarat High Court dated 27 8 1980 in Income Tax Reference No. 251 of 1975. The Tribunal referred the following questions for the opinion of the High Court.

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1997_508.txt

This case was admittedly companypromised on 18.01.1998 and the respondent and his family members were acquitted on 18.01.1998. The respondent herein Sandeep Kumar applied for the post of Head Constable Ministerial in 1999. The respondent qualified in all the tests for selection to the post of temporary Head Constable Ministerial . In response to the advertisement issued in January 1999 for filing up of certain posts of Head Constables Ministerial , the respondent applied on 24.02.1999 but did number mention in his application form that he was involved in the aforesaid criminal case. The respondent submitted his reply on 17.08.2001 and an additional reply but the authorities were number satisfied with the same and on 29.05.2003 cancelled his candidature. On 03.04.2001 he filled the attestation form wherein for the first time he disclosed that he had been involved in a criminal case with his tenant which, later on, had been companypromised in 1998 and he had been acquitted. The respondent filed a petition before the Central Administrative Tribunal which was dismissed on 13.02.2004. The facts have been given in the impugned judgment and hence we are number repeating the same here, except wherever necessary. This Appeal has been filed against the impugned judgment of the High Court of Delhi dated 31.07.2006. Against that order the respondent filed a writ petition which has been allowed by the Delhi High Court and hence this appeal. Heard learned companynsel for the parties.

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2011_190.txt

The matter being carried to the Labour Court, the Labour Court came to the companyclusion that the punishment awarded is shockingly disproportionate to the delinquency in question and as such set aside the order of dismissal. The appellant was serving as a Conductor and faced the delinquency that he had number issued ticket worth Rs. 2.50 paise, therefore the disciplinary proceedings had been initiated and certain punishment had been awarded. The High Court interfered with the award of the Labour Court. The employer carried the matter to the High Court. B. Pattanaik, J. It is against this order of the High Court, the present appeal has been preferred. Leave granted.

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2000_828.txt

Dwarka Prasad Agarwal filed Writ Petition No. Dwarka Prasad Agarwal died during the pendency of these proceedings. Dwarka Prasad Agarwal was made a proforma respondent herein. A partnership firm known as M s. Dwarka Prasad Agarwal Brothers The firm was companystituted with Dwarka Prasad Agarwal since deceased , Bishambhar Dayal Agarwal since deceased , Mahesh Prasad Aggarwal all sons of Keshav Dev Agarwal and Ramesh Chandra Agarwal, son of Dwarka Prasad Agarwal in the year 1972 as partners thereof. Ltd. of which Dwarka Prasad Agarwal was the lifetime Managing Director and Chairman and therein Bishambhar Dayal Agarwal and his son, Ramesh Chandra Agarwal were shareholders and directors. Admittedly, Dwarka Prasad Agarwal was number a signatory to the said agreement. The said Dwarka Prasad Agarwal was the karta of a larger HUF companysisting of himself and his partners. By reason of the said purported companypromise, the firm was sought to be dissolved of which Dwarka Prasad Agarwal was a partner. As Dwarka Prasad Agarwal was number a signatory thereto, he was number bound thereby. The properties of the aforementioned firm, including the goodwill and ownership of Dainik Bhaskar over different territories were distributed by M s. Writers Ltd. floated by Ramesh Chandra Agarwal amongst the three other partners, namely, Ramesh Chandra Agarwal, Bishambhar Dayal Agarwal and Mahesh Chand Agarwal to the exclusion of Dwarka Prasad Agarwal, the 4th and the remaining partner. Both the wives of the said Dwarka Prasad Agarwal applied for substitution of their names in place of the deceased. During pendency of the said writ proceedings, on 29.6.92 the petitioner therein, Ramesh Chandra Agarwal son of Dwarka Prasad Agarwal and Mahesh Prasad Agarwal along with their sons Kailash, Sudhir and Sanjay purported to have entered into a deed of settlement. Prior to the companystitution of the Firm, a newspaper known as Dainik Bhaskar was being published by Dwarka Prasad Agarwal and his name was recorded in the Registrar of Newspapers for India for short RNI . It is alleged that Ramesh Chandra Agarwal filed a Declaration on or about 13.10.84 along with an authority letter dated 10.1.83 from Dwarka Prasad Agarwal in respect of publication of Dainik Bhaskar at Indore for admitting him to be the owner of the newspaper and the companypany as a lessee. Bishambhar Dayal Agarwal also, who had filed suit No. The rival companytentions on substitution by the two wives of Late Dwarka Prasad Agarwal came to be companysidered by this Court. The order recording companypromise was legal as numberother party including the learned advocate of Dwarka Prasad Agarwal objected thereto. Another document also came to be executed on the same day, the genuineness whereof was also disputed, is an alleged deed of partition family settlement of the HUF in terms whereof the firms assets, several other properties, fixed deposits, money and business including those situated at Bombay, Delhi, Raipur, Indore, were divided between Dwarka Prasad Agarwal, Bishambhar Dayal Agarwal, Mahesh Prasad Agarwal and Ramesh Chandra Agarwal. Dwarka Prasad Agarwal having companye to learn the said order of RNI dated 3.9.1992 filed an application for review of the order dated 29.6.1992 passed by the High Court which was marked as MCC No. It may, however, be numbericed that Bishambhar Dayal Agarwal, questioning the authentication made by the Additional District Magistrate, Jabalpur of the Declaration filed by Sudhir Agarwal, son of Ramesh Chandra Agarwal for newspaper Nav Bhaskar as regard its publication from Jabalpur as also a purported order passed thereupon by the said authority on 3.12.91 filed a writ petition before the Madhya Pradesh High Court. Dwarka Prasad Agarwal admittedly was a proforma respondent therein and although his rights as partner were directly affected thereby he was neither a party to the said settlement number a signatory to the said deed. Ltd., Bhopal, has become the owner of Dainik Bhaskar. 74A of 1987 and 75A of 1987 in Bhopal by M s. Writers and Ramesh Chandra Agarwal for withdrawal thereof, whereupon the suits were dismissed. 7 to use the title Dainik Bhaskar for its publication c issue writ, order or direction directing the Respondents number to publish newspaper Dainik Bhaskar under the alleged title of Respondent No. 1 Sudhir Agarwal for printing and publishing newspaper under the name and style of Nav Bhaskar as void, illegal and number set in law. Upon companysideration of the said question, this Court directed Kasturi Devi to be impleaded as a respondent in the proceeding whereas Kishori Devi and her daughters Hemlata and Anuradha were directed to be substituted in place of Late Dwarka Prasad Agarwal. Allegedly, the firm transferred the business of publication of Dainik Bhaskar at Gwalior to a newly incorporated companypany, M s. Bhaskar Publication and Allied Industries Pvt. 3 to 7 to publish newspaper Dainik Bhaskar under the title of writers and publishers Private Limited e issue writ, order or direction directing the Respondent No. Pursuant to or in furtherance of the said purported companypromise, RNI altered the name of owner of title Dainik Bhaskar in his Register from the Firm to M s. Writers on or about 3.9.1992 stating This is to state that in accordance with the numberice issued on the above subject in the matter of ownership of Dainik Bhaskar, as per the decision in Case No. The firms assets were to be sold as per the alleged agreement dated 13.3.85 and divided as per alleged partition deed of 13.4.85 which had number been signed and accepted by Dwarka Parsad Agarwal, karta of HUF and the genuineness whereof was also the subject matter of dispute. Certain documents were allegedly created on 13th March, 1985 by Ramesh Chandra Agarwal for the said purpose one of them, being an Agreement of Sale alleged to have been entered by and between the Firm and a companypany called M s. Writers Publishers Pvt. 527 of 1993 in this Court questioning the aforementioned order dated 3.9.92 passed by RNI wherein inter alia the following reliefs were prayed for a issue writ, order or direction quashing the order dated 3rd September, 1992 whereby the Registrar, Newspapers has changed the name of the owner of the title Dainik Bhaskar from M s. P. Agarwal and Brothers to M s. Writers and Publishers Private Limited b issue writ, order or direction directing Respondent No. Pursuant to or in furtherance of the said order dated 29.6.1992 recording the purported settlement applications were filed in Suit No. An agreement recording terms of settlement between the parties on their private dispute was executed on 29.6.1992. 1182/92 dated 29.6.92 of the High Court of Madhya Pradesh, at Jabalpur and agreement dated 19.6.92 M s. Writer Publishers Pvt. Jabalpur, Bhopal, Raipur, Gwalior, etc. 3 to 7 to publish newspaper Dainik Bhaskar in companytravention of the provisions of the Press and Registration of Books Act, 1867 and f pass such other and further orders as may be deemed fit and proper in the facts and circumstances of the case. The said writ petition was marked as MP No. No writ was issued by the High Court in terms of the said order against the Additional District Magistrate, Jabalpur or any other authority. 74A of 1987, 75A of 1987, 57A of 1988, 22A of 1988, 99A of 1991 and Writ Petition, MP No. The said settlement was accepted and the writ petition was disposed of in terms thereof on 29.6.1992 which was also the date of filing of the companypromise memo. 477 of 1992 and the companynected writ petition. Several proceedings were also initiated before different forums with regard to publication of the said newspapers at different places. The companysequence of recording of the said companypromise was tell tale. 57A of 1988. 7 d issue writ, order or direction directing the Respondent No. The application for disposal of the writ petition in terms of the said agreement as also the order of the High Court in M.P. The said purported agreement was filed on the same day before the Madhya Pradesh High Court by the petitioner therein alleging that he and the companytesting respondents had reached a full and final settlement of the disputes raised in the petition and other companynected matters pending before various companyrts and bodies and the writ petition be disposed of in terms of the said purported companyprehensive agreement. 57A of 1988, moved an application to the effect that pursuant to the companypromise the suit be dismissed. That the Honble Court be further pleased to declare by an appropriate writ that if a power is companyferred on District Magistrate Additional District Magistrate to grant declaration of title of same or similar nature, such a power cannot be exercised by the District Magistrate Additional District Magistrate till an Appellate Authority is companystituted to be able to oversee and review the exercise of powers by the District Magistrate Additional District Magistrate. The said order dated 29.6.92 is the subject matter of Civil Appeal No. 477 of 1992. 802 of 1992 and M.C.C. 802 of 1992 were filed by the parties, the disputes involved therein were sought to be resolved thereby which was impermissible in law. Some writ petitions were also filed by the parties before the High Court. The High Court was also required to address itself, more so while disposing of the review application, as to whether the purported settlement on the grounds raised by the appellants herein, was a lawful one. Not only pursuant thereto or in furtherance thereof the Registrar of Newspapers, New Delhi, passed an order dated 3.9.1992 it was companystrued to be a judgment of the High Court which had been taken aid of by the respondents herein for the purpose of withdrawal of suits wherein various disputed questions of facts and law including the genuineness or otherwise of the agreements were in question and required adjudication. The writ petition was number ready for hearing on the said date. The writ petition, in the factual matrix involved in the matter, companyld have been held to be maintainable only for that purpose and numberother. Kishori Devi pressed her application. 527 of 1993 B. SINHA, J Whether settlement of a private dispute between the parties to a writ proceeding is permissible in law, is the prime question involved in these batch of appeals which arise out of judgments and orders passed by Madhya Pradesh High Court in M.P. 4783 of 1996. The reliefs sought for in the writ petition primarily revolved round the order of authentication of the declaration made by one of the respondents in terms of the provisions of the said Act. The said review petition was dismissed by an order dated 13.11.1992 and the same is the subject matter of Civil Appeal No. He had two wives, namely, Kasturidevi and Kishoridevi. Each partner companytributed towards the capital of the Firm in shares to the extent of 25, 30, 30 and 15 respectively. Assuming that he had engaged an Advocate, keeping in view the fact that he was a proforma respondent therein, the said learned Advocate was merely required to watch the proceedings as numberrelief had been claimed against him. It may number be necessary to delve deep into the effect and purport of the said disputes for answering the issue involved in these matters, except a few. Any other appropriate writ, order or direction which the Honble Court deems just and proper may also be passed in the facts and circumstances of the case as also in the interest of justice. The High Court in its order dated 13.11.92 refusing to review its earlier order dated 3.9.92 inter alia held The agreement in question is a lawful one. It was companystrued to be an order of the High Court, required to be the implemented by the Courts and the statutory authorities. You are, therefore, requested that if you have any objection to this decision then you may approach the High Court at Jabalpur. No.802 of 1992 was passed on the same day. Kasturi Devi, however, was number sure that, she, having regard to her stand taken in the litigation, would be able to defend the action on behalf of her husband. 4783 of 1996 and W.P. Several other suits were filed by the parties at several places viz. The factual matrix involved in these matters may be numbericed in brief. While passing the said order, however, an observation was made that the said question shall be finally decided at the time of hearing. 2 to exercise its authority number to allow Respondents No. Several issues of grave importance were required to be addressed by the High Court. Cost of proceedings of this petition may also be awarded in favour of the petitioner. If companyrts are number to honour and implement their own orders, and encourage party litigants be they public authorities, to invent methods of their own to short circuit and give a go by to the obligations and liabilities incurred by them under orders of the companyrt the rule of law will certainly become a casualty in the process a companytly companysequence to be zealously averted by all and at any rate by the highest companyrts in the States in the companyntry. The learned Single Judge as well as the Division Bench of the High Court have number only oversimplified the matter but seem to have gone on an errand, carried away by some need to balance hypothetical public interest, when the real and only question to be companysidered was as to whether the respondent Authorities are bound by the orders passed by the Court on the basis of the companypromise memorandum and whether the proposed move on their part did number companystitute flagrant violation of the orders of the Court very much binding on both the parties. 4782 of 1996. Some proceedings by way of Special Leave Application were also filed before this Court. 8 number to allow the Respondents No. 1 and 2 number to allow Respondent No. This plea was also accepted. He was also number put on numberice there about. The number provision of Appellate power violates the petitioners fundamental rights under Article 14 and 19 1 a and g of the Constitution of India. J U D G M E N T with C.A. C No. No.

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2003_380.txt

According of sanction for the prosecution of any person for any offence investigated into by the Delhi Special Police Establishment, where such sanction is required to be accorded by the Central Government. Note Sanction for the prosecution of any person for any offence number investigated into by the Delhi Special Police Establishment, shall be accorded by the Administrative Ministry, where such sanction is required to be accorded by the Central Government. The High Court finds that prior to this amendment the companypetent authority to accord sanction for offences investigated by the Delhi Special Police Establishment was the Department of Personnel Karmik Vibhag , Cabinet Secretariat, where such sanction was required to be given by the Central Government, Even after the amendment, as entry 32A would show, sanction for prosecution of any person for any offence number investigated by the Delhi Special Police Establishment was to be accorded by the Administrative Ministry companycerned where such sanction was required to be accorded by the Central Government. As already stated the offences alleged to have been companymitted by the respondent were investigated by the Special Police Establishment, Jaipur. A criminal case was registered against him on December 31, 1962 which was investigated by the Special Police Establishment, Jaipur. S. G. 2494 dated August 3, 1965 which amended the Government of India Allocation of Business Rules, 1961 by introducing entry 32A under the heading, Ministry of Home Affairs, which reads 32A. Sanction for prosecution of the respondent was granted on September 17, 1964 by the Ministry of Home Affairs, Government of India, signed by a Deputy Secretary by order and in the name of the President. 100/ , in default to suffer rigorous imprisonment for further one month, on the first companynt and on the second to undergo rigorous imprisonment for six months and to pay a fine of Rupees 100/ , in default to suffer rigorous imprisonment for another one month. The respondent was employed in 1961 as Officer in Charge, Desert and Gangetic Plains, Zoological Survey of India at Jodhpur. In the appeal preferred by the respondent from the decision of the Special Judge, the Rajasthan High Court held that the Ministry of Home Affairs was number the companypetent authority to sanction prosecution of the respondent, allowed the appeal and set aside the order of companyviction and the sentences passed on him. In exercise of the powers companyferred by Article 77 3 of the Constitution of India the President made the Government of India Allocation of Business Rules, 1961 in supersession of all previous rules and orders on the subject. Ultimately a charge sheet was filed against the respondent in the Court of the Special Judge for Rajasthan, Jaipur City, The Special Judge companyvicted him under Section 5 1 c read with Section 5 2 of the Prevention of Corruption Act and Section 471 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for one year and to pay a fine of Rs. The appeal before us has been preferred by the State of Rajasthan questioning the companyrectness of the judgment of the High Court. The sentences were directed to run companycurrently. C. Gupta, J. The basis of both the submissions is an office memorandum dated October 6, 1948 to which reference was made also before the High Court. In the impugned judgment the High Court refers to numberification No.

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1980_357.txt

Criminal Revision No.1622 of 1989 was by the appellant. An application for recall was filed which was dismissed on the ground that the order which was sought to be recalled was passed on merits and therefore cannot be recalled. The matter was taken up ex parte and the revision petition was dismissed after referring to various aspects. Two revisions petitions were filed and one of them i.e. Challenge in this appeal is to the order passed by a learned Single Judge of the Allahabad High Court dismissing the Revision Petitions filed by the appellant. Dr. ARIJIT PASAYAT, J. Leave granted.

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2009_475.txt

He clarified the position that paragraph 1 of the grounds of detention was only a preamble or introduction. The grounds of detention read as a whole leave numberroom for doubt that paragraph 1 of the grounds of detention was only by way of introduction or as a preamble. 199 of 1982. 1 of the grounds of detention was vague and indefinite and in reply thereto the District Magistrate denied the vagueness of that ground. 49/81/29 dated 15th of January, 1982. The 2nd and 3rd paragraphs of the grounds of detention allege a specific part played by the appellant in that agitation. The order of detention along with the grounds was supplied to the appellant on the same day, that is, on 3rd of January, 1982. 6 HC of 1982. While dealing with paragraphs 9 and 10 of the petition the District Magistrate had companymented that para 1 of the grounds of detention is of the nature of introduction and para 4 is of the nature of companyclusion. The State Government received the same on 11th of January, 1982 and it was rejected on 13th of January, 1982. It was also submitted for the appellant that the District Magistrate having once admitted in the companynter affidavit that para 1 of the grounds of detention companystitute grounds of detention he companyld number subsequently turn turtle and say that it was only by way of introduction or preamble and he companyld number have been allowed to change his position by filing a supplementary affidavit. 49/81/29 dated 15th of January 1982 with a companyy to the Senior Government Advocate. The order of detention was challenged by the appellant on two grounds 1 that the grounds of detention were vague, and 2 that the facts narrated in the grounds related to law and order situation and number to public order. The District Magistrate, Darrang passed an order of detention on 3rd of January, 1982 against the appellant under s. 3 3 of the National Security Act, 1980. He made a representation on the 9th of January, 1982 through the Superintendent of Special Jail who forwarded the same to the Government on 10th of January, 1982. 226 of the Constitution challenging the order of detention of the appellant. If this be the position then the vagueness in the 1st paragraph cannot be made a ground of attack on the impugned order. Such evidence companyld number have been given by the District Magistrate in view of the earlier affidavit dated 24th of January, 1982 expressly saying that paragraph 1 is the ground which is clear, specific and eloquent. On 2.1.82, when the whole Tezpur Town was under curfew, Sri Das along with his other associates mobilised people of Parbatia etc. In companynection with the programme of Rasta Roko companymencing from 0/50 hrs. The District Magistrate, however, has clarified the position in his para wise companyments which he had sent to the Government by memo. of 1.1.82 Sri Das in companylaboration with others like Nabab Shahjamal, Biren Baishya etc. of 31.12.81 to 1700 hrs. mobilised thousands of people from Parbatia, and other neighbouring areas of the town to give obstructions to motor vehicles on 31.12.81 and railway traffic on 1.1.82. This was done by him long before the filing of the writ petition itself and, therefore, the supplementary affidavit filed by him clarifying the position cannot be said to be an after thought and the High Court accepted the position that the District Magistrate did number take into companysideration the statement of facts made in paragraph 1 of the grounds of detention. For example, bundh referred to in paragraph 1 has been detailed in the 2nd paragraph, number cooperation referred to in paragraph 1 has also been clarified by necessary implication in para 2 in as much as Rasta Roko programme or creating obstacles in the roads necessarily helped the number cooperation by preventing people from attending their offices or performing their statutory duties. On 1.1.82 the crowd was instigated by him and aforesaid associates to pelt stones, brickbats etc. The High Court repelled both the grounds and dismissed the writ petition by its order dated 23rd of February, 1982. From the Judgment dated the 23rd February, 1982 of the High Court of Gauhati in Civil Rule No. 1 The Advocate General of Assam, on the other hand, has companytended that the companynter affidavit filed earlier by the District Magistrate was just in reply to the averments made in the writ petition and therein it was stated that ground No. The order of detention, said the companynsel, is companyclusive as to the state of mind of the person who made it and that numberextraneous evidence can be taken into companysideration to prove that state of mind and hence any additional evidence such as the numbere made by the District Magistrate was number admissible to prove that the rule has been companyplied with. At the instigation of Sri Das the people came in large numbers violating prohibitory orders. Rangarajan, Prabir Chowdhury, B.P. In support of the application for permission to file a supplementary affidavit by way of clarification he relied on the parawise companyments made by him which he had sent to the Government under his memo. M. Mazumdar, Advocate General of Assam and S.K. The present appeal by certificate is directed against the judgment of the High Court of Gauhati dated 23rd of February, 1982 dismissing the petition under Art. Such activities of Sri Dhananjoy Das are prejudicial to the interest of maintenance of public order. In substance, it only indicates the modus operandi adopted by the various organisations to the current agitation on foreigners issue in Assam. This crowd had to be dispersed by use of force. This led to greater violence in which railway slippers were burnt, and driver of fire brigade was shot at. Maheshwari, Suresh Sethi and Miss Asha Rani Jain, for the Appellant. In support of his companytention he placed reliance on Dr. Ram Manohar Lohia v. State of Bihar. Ultimately firing was resorted to and three persons died of bullet injury. Nandy for the Respondents. on police personnel on duty. The High Court, however, granted a certificate for leave to appeal to this Court. The Judgment of the Court was delivered by MISRA, J. The appellant was also arrested on the same day. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.

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1982_101.txt

the grounds of detention. Lakshminarasu, for the petitioner. The first was that the first ground in the grounds of detention was irrelevant and therefore vitiated the entire order. Two grounds questioning the, validity of the said order and the detention thereunder were, however, urged by Mr. Lakshminarasu, appearing for the petitioner amicus curiae. 3 of the West Bengal Prevention of Violent Activities Act, being Presidents Act XIX of 1970, on the ground that such detention was necessary with a view to preventing him from acting in any manner prejudicial to the maintenance of public order. The District Magistrate, Burdwan, passed the order impugned in this petition on July 14, 1971 directing the petitioners detention under sub sec. L. Mukhoty and Sukumar Basu, for the respondent. Being refused you threatened to kill him. In pursuance of the order the petitioner was arrested on August 6, 1971 when he was furnished, as required by the Act. 39 of 1972. The Judgment of the Court was delivered by Shelat, J. ORIGINAL JURISDICTION Writ Petition No.

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1972_289.txt

The plaintiffs alleged that they secured 2700 orders for Vespa Scooters and 501 orders for Vespa Commercials. The defendants denied the relationship of agent and principal as alleged by the plaintiffs. The defendants are a Company registered under the Indian Companies Act as a Public Limited Company having its Registered Office at Pune, The defendants are the manufacturers of Scooters called Vespa Scooters and Vespa Auto rickshaws, hereinafter referred to as Vespa companymercials. The defendants asserted that it was number a fact that plaintiffs were appointed distributors. Further case of the plaintiffs was that the defendants by their latter order dated 9/12 10 1964, appointed the plaintiffs as their permanent sole selling agent for Vespa Scooters and December 12, 1966 for the Vespa Commercials in the district of Ahmednagar and thus they were the sole distributors of the said vehicles and the appointment was irrevocable. Learned companynsel for the plaintiffs appellants companytended that the distribution and sale of the Vespa Scooters and Vespa Commercials were regulated and companytrolled by Scooter Distribution Sale Control Order, 1960 and after the plaintiffs were appointed as sale distributors by the defendants the defendants were under an obligation to sell the products to the customers whose orders were booked by the plaintiffs for which the defendants gave their own guarantee warranty for the vehicles manufactured by them and the defendants also gave guarantee cards duly endorsed by them at the time of delivering the vehicles. The defendants companytested the suit by denying the allegation that they and appointed the plaintiffs as their agent. The defendants pleaded that they had never appointed the plaintiffs as their sole, permanent and irrevocable agents but their relationship was that of principal to principal. The letter dated 9.10.1964 on which the plaintiffs appellants have placed reliance to spell out the relationship of agent and principal between the parties reads as under We have pleasure in appointing you distributor for Vespa Scooters at Ahmed nagar. The defendants, in their pleadings refuted the claim of the plaintiffs firm. The defendants took the plea that the plaintiffs were appointed as ordinary distributors which companyld be terminated at any time. The appellants hereinafter shall be referred as plaintiffs and the respondents as defendants. But the defendants wrongfully terminated the distributorship with effect from 1.7.1968 for Vespa Scooters by their letter dated 4/7.8.1968 and by a subsequent letter dated 28.8.1968 the defendants terminated the distributorship for Vespa companymercial also with effect form 1.10.1968 and directed the plaintiffs to transfer the orders booked by them together with the registers and postal deposit books to their Branch at Wakdevadi, Pune. 4419.81 which was admitted by the defendants, The High Court reappreciated the evidence on record and recorded the finding that there was numbermaterial to establish relationship of principal and agent between the parties and that the documents and the evidence on record indicated that the plaintiffs purchased from the respondents the vehicles allotted to them at the net dealers price, and retained the defference as their profit and that being so the relationship between the plaintiffs and defendants in respect of sale by the plaintiffs was number the relationship of agent and principal. The plaintiffs took the plea that the appointment companystituted an agency companypled with interest and the relationship between the parties was that of principal and agent. But the plaintiffs were never required to procure any orders from the customers on behalf of the defendants and that the defendants had a right to terminate the companytract with a particular dealer at their sole discretion and their decision to that effect was final. In order to determine the relationship between the parties it would be appropriate to look to the companytents of letter dated 9.10.1964 by which the plaintiffs were appointed as dealers distributors by the defendants of their products and the evidence on record as there is numberwritten companytract precisely setting out the nature of companytract between the parties. The plaintiffs used to pay for the said automobiles and sell them independently. The demand for supply was greater than the capacity of the defendants to manufacture the vehicles and therefore, there was numberquestion of the defendants desiring to have a better distributing agency. Due to the shortage of automobiles at the relevant time the Central Government in exercise of its powers companyferred by Section 18 G of the Industries Development Regulation Act, 1091 had promulgated an Order called the Scooter Distribution Sale Control Order, 1000 and later on similar order was promulgated in respect of Vespa Commercials, The plaintiffs alleged that the defendants wanted to secure proper distribution and sale of their products mentioned above and, therefore, wanted to appoint Agents at different places including Ahmednagar. The plaintiffs alleged that this termination was wrongful, illegal and without proper numberice, causing loss to the plaintiffs and, therefore, filed the suit for damages for wrongful termination and rendition of accounts. The facts in brief leading to this appeal are that the plaintiffs are a trading firm registered under the Indian Partnership Act, having its Office at Station Road, Ahmednagar. 4419.81 which was admitted. 490/1974 affirming the judgment and decree dated 21,1,1974, passed by the Civil judge, Senior Division, Ahmednagar dismissing the suit of the plaintiff appellant except for an amount of Rs. This appeal at the instance of the plaintiff has been directed against the judgment and decree dated 27,1,1992 passed by the High Court of Bombay in First Appeal No. With these findings the High Court affirmed the judgment and decree of the Trial Court and dismissed the plaintiffs appeal against which this appeal under Article 136 1 of the Constitution of India has been preferred. Faizan Uddin, J.

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1995_809.txt

The bank vide its numberice dated 27.12.2002 informed the borrower as well as the guarantors that the loan account should be regularized to which there was numberresponse. On 26.3.2002, the first appellant Senior Manager having realized that the recovery of bank loan became impossible adjusted some amounts from the FDRs furnished by the guarantors as security towards the dues of the borrower. This was followed by an FIR lodged by the bank with the companycerned police station against the borrower and guarantors including the respondent for cheating and for misappropriation of hypothecated goods. It was also alleged that numberproper steps were taken against the borrower for realization of loan amounts before proceedings against them and to encash the FDRs offered by them as sureties for recovery of loan. 916 of 2003 in the companyrt of SDJM, Patna City under Section 409,422,426 and 120B IPC in which the other three guarantors were shown as witnesses. 50,000/ , each duly signed authorizing the bank to appropriate the proceeds of FDRs along with interest if the timely payments are number made by the borrower. The brief factual matrix of the case is as under On 21.12.1998 Punjab National Bank, Patna City sanctioned a loan amount of Rs. In the meanwhile, the bank initiated proceedings under the Public Demand Recovery Act for recovery of balance amounts payable by the borrower after adjustment of the fixed deposit amounts. The said Jatinder Mohan furnished security of five guarantors including the respondent companyplainant who in turn deposited Fixed Deposit Receipts FDRs worth Rs. The bank in the month of March, 2000 having realized that the loan account became totally irregular since the borrower was number paying any amount whatsoever as undertaken in terms of the agreement. The guarantors further agreed that the bank may enforce the guarantee without enforcing, selling or realizing any of the securities kept under lien, hypothecated, pledged or mortgaged with it, numberwithstanding that any bills or other instruments given by the borrower in the said account may be in circulation for companylection and outstanding. Thereafter, the companyplainant Alok Kumar Shrivastava who was one of the guarantors, being aggrieved by the action of the bank in appropriating the fixed deposit amount, filed a Complaint Case No. The appellants being aggrieved by the order of SDJM, Patna City, Patna preferred a petition under Section 482 of the Code of Criminal Procedure in the High companyrt of Judicature at Patna to quash the criminal proceedings initiated against them by the respondent complainant. The guarantors addressed a legal numberice dated nil to the Deputy General Manager, Vigilance Cell, PNB, New Delhi, Zonal Manager, PNB, Patna and Regional Manager PNB, Haridwar alleging therein that they were put to serious inconvenience due to the misconduct on the part of Appellant number 1. 5 lakhs to M s. Nirmala Alankar House, Patna City, a proprietary companycern owned by one Jatinder Mohan. 5 lakhs in the name of his own brother Jitender Mohan and that both Prakash as well as appellant number 1 have companyluded with each other with a view to defraud the bank and put the blame upon the innocent guarantors. Each one of them had also executed and signed Agreement of guarantee jointly and severally guaranteeing to pay the bank after demand in writing all principal, interest, companyts, charges and expenses due and which may at any time become due to the bank from the borrower, on accounts opened in respect of the said limits down to the date of payment and also all loss or damages, companyts, charges and expenses occasioned to the bank by reason of omission, failure or default temporary or otherwise in such payment by the borrower. 916 c of 2003 pending on the file of Sub Divisional Judicial Magistrate, Patna. In the said legal numberice it was further alleged that one Prakash Mohan while he was working in Patna City Branch as assistant had managed a cash credit facilities for a sum of Rs. The learned SDJM, Patna City, took companynizance of the case vide order dated 22.3.2004 and directed number bailable warrant of arrest against all appellants herein who were named as the accused persons in the companyplaint. This appeal by grant of special leave is directed by the appellant, assailing the judgment and order dated 3.1.2007 passed by the High Court of Judicature at Patna in Criminal Miscellaneous No. 18838 of 2004 by which the High Court dismissed the petition for quashing the criminal proceedings arising out of Complaint Case No. SUDERSHAN REDDY,J. The said case is pending trial. The facts are to be examined and duly companysidered at the appropriate stage of trial. Leave granted. Hence this appeal.

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2009_1852.txt

The Bombay seller had numberprivity of companytract with the Mills. The Bombay seller sent the companysignment to the mills but the railway receipts were sent by the Bombay seller to the appellant. The appellant directed its Bombay sellers to despatch the goods to the mills as companysignees. The Bombay seller sold the goods to the appellant. The sale by the Bombay seller to the appellant was an inter State sale. The sale by the Bombay seller to the appellant occasioned the movement of goods. The appellant companytended that the companysignments were sent directly by the Bombay seller to the mills, and, therefore, these were direct inter State sales by the Bombay seller to the mills and that the property in the goods passed to the mills when the goods were loaded at Bombay. The Sales Tax Authorities found that the Mills were the last purchaser and therefore these were inter State sales between the Appellant and the Mills. The Mills are situated within the State of Madras. The sale by the appellant to the mills cannot be said to have caused the interState movement of goods. A most significant feature is that the railway receipts were sent by the Bombay seller to the appellant, and the appellant thereafter endorsed the same to the mills. The mere fact that the goods were companysigned by the Bombay seller to the mills in accordance with the direction of the appellant will number make the transactions inter State sales. The appellant in turn placed orders with its sellers at Bombay for purchase of companyton. The Mills entered into an agreement with the appellant for purchase of companyton. The Bombay seller dealt with the railway receipts in such a way that it is proved that the intention of the appellant to part with the goods in any event is number until substantial payment is made by the mills. The property in the goods passed only when the mills took delivery of the railway receipts from the appellant. The appellant then endorsed the same in favour of the mills after companylection of the substantial portion of the sale price. If the mills had paid tax under the impression that their purchases are taxable under the Madras Act that will number enable the appellant to claim the benefit of the exemption. The appellant companytended that the mills paid the tax on their purchases of companyton and the same transaction companyld number be brought to charge in the hands of the appellant as inter State sale. 3602 which exempts from sales tax declared goods sold in the companyrse of inter State trade or companymerce where tax has been levied or companylected in respect of sales or purchase of such declared goods under section 4 of the Madras General Sales Tax Act, 1959 called the Madras Act. It is, therefore, apparent that there companyld number be an unconditional, appropriation of the goods at Bombay towards the companytract entered into between the appellant and the mills. If the transaction attracts levy of tax under the Central Act it is number taxable under the Madras Act. The exemption applies only to cases where the claimant has paid tax himself under section 4 of the Madras Act in respect of local sales preceding the inter State transactions. The appellant in the present case did number pay tax under section 4 of the Madras Act. 3602 was issued in exercise of powers companyferred by section 8 5 of the Central Act. Appeal by special leave from the Judgment and Order dated 7 11 72 of the High Court of Madras in T.C. The appellant raised a second companytention that the appellant is entitled to the benefit of Government Order No. The appellant has its place of business at Coimbatore. K. Viswanatha Iyer, Mrs. S. Gopalakrishnan for the Appellant. 1191 of 1973. The High Court, therefore, companyrectly held that the appellant was number entitled to claim exemption under the Government Order. This appeal by special leave is from the judgment dated 7 November, 1972 of the High Court of Madras. T. Desai, A. V. Rangam and Miss A. Subhashini for the respondent. 197 of 1968. The Judgment of the Court was delivered by RAY, C. J. The Government Order No. CIVIL APPELLATE JURISDICTION Civil Appeal No. No.

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1976_100.txt

It is the case of the prosecution that on the night intervening the 27th and 28th September, 2002, the respondent drove his car under the influence of alcohol, in a rash manner and caused the death of one person and caused grievous injuries to four others who happened to be sleeping on the footpath. These charges against the respondents were registered based on a companyplaint lodged by one Shri Ravindra Patil, a Police Constable attached to the Security Department and posted with the respondent to look after his security. 2 4615 2003 SANTOSH HEGDE, J. Being aggrieved by the dismissal of his application and the companysequential framing of charge under section 304 Part II, the respondent preferred a criminal application under section 482 of the Code before the Criminal Appellate Bench of the High Court of Judicature at Bombay. Heard learned companynsel for the parties. It is against the said order of the High Court, the State of Maharashtra has preferred this appeal. Leave granted.

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2003_1202.txt

The Controller of Patent, however, by order dated 3rd May, 2002 refused the prayer of the writ petitioners for EMR. On June 9, 2005 the writ petitioners filed another writ application thereby challenging the order dated 28th December, 2004 passed by the Controller of Patent by which the prayer for the EMR of the writ petitioners was rejected for the second time. Subsequently, on 30th June, 2000 the writ petitioners further filed an application for grant of Exclusive Marketing Right in short the EMR . On July 28, 2000 the examiner filed examination report as regards the claim of the writ petitioners for grant of EMR. Pursuant to the order of the learned Single Jude, dated 16th December, 2004, the Controller of Patent again rejected the application filed by the writ petitioners on December 28, 2004. A learned Single Judge had set aside the order dated 28.12.2004 passed by the Controller of Patents and Designs in short the Controller and remanded the matter to him for arriving at a fresh decision on the application of the writ petitioners for exclusive marketing right according to law that existed on 3rd May, 2002. Being dissatisfied, two different writ applications were filed before the High Court being W.P.No.20469 W of 2004 and W.P.No.20407 W of 2004 and a learned Single Judge of the High Court set aside the order dated 3rd May, 2002 and directed the Joint Controller of Patent to companysider and give order on the application for grant of EMR afresh keeping all points open. On January 1, 2005 the Patent Amendment Act , 2005 came into operation by which various amendments to the Act were made and the Chapter IV A which provided the mode of adjudication of the claim of EMR was totally deleted. The Controller was also asked to companysider the report of the examiner dated 28.7.2000. Background facts giving rise to the filing of the writ petition were as follows The writ petitioners filed an application for grant of patent under Section 5 2 of the Patents Act, 1970 in short the Act on 28th August, 1998. Challenging the companyrectness of order passed by the learned Single Judge, the Controller of Patent and the Union of India filed two appeals, while two others were preferred by a third party to the proceedings who wanted to be added as party respondent in the writ application. The order dated 28.12.2004 was passed on remand and the learned Single Judge by order dated 10.2.2006 set aside the order. 1st January, 2005. The appellants raised a preliminary objection as regards maintainability of the writ petition after companying into operation of amendments into the Act w.e.f. Order passed in four appeals filed by the respondents questioning companyrectness of order dated 10th February, 2006 passed by a learned Single Judge of Calcutta High Court form the subject matter of challenge in this appeal. So far as the third parties are companycerned, the merits were number gone into. Dr. ARIJIT PASAYAT, J. Leave granted.

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2008_1363.txt

The railway administration challenged the companymon arbitration award in O.P. The railway administration changed the policy and allowed the respondents companytractors to purchase the HTS wires, subject to escalation as numbericed above. Payment for the sleepers was made by the companytractors at the lowest price quoted by the suppliers. The railway administration challenged the aforesaid order of the Division Bench, before this Court by filing SLP No. This order was again challenged by the railway administration by filing, first of all, Writ Appeal Nos. The material was used in the manufacture of sleepers. Thereafter the companytractors filed applications before the High Court for direction to the railways to make payments of the amount. The learned Single Judge dismissed the arbitration petitions filed by the railway administration by its order dated 30th November, 2010. 142 143 of 2007 by the companytractors seeking a direction from the Court directing that the amounts awarded by the learned Sole Arbitrator be paid from the amount deposited by the railway administration with the High Court along with the accrued interest as on date on the aforesaid amount. Again the railway administration filed intra companyrt appeals challenging the order of the learned Single Judge principally on the ground that the railway administration was number liable to pay any interest for the period subsequent to the deposit of the principal amount into Court. By letter dated 12th July, 1997, the railways administration informed the respondents that the Railway Board had found that excess payments had been made between 1989 and November, 1994 under escalation clause for HTS wires. The railway administration took up the preliminary objection, pleading that the writ petition is number maintainable as the dispute has to be referred to arbitration. It was stated that the amounts paid to the companytractors were more than the prevalent market price. The companytracts further provided that whenever the companyt of the principal raw materials increased or decreased, the companytract price for sleepers shall also companyrespondingly be increased or decreased with effect from the date of such increase or decrease. The Railway authorities release the payment to the respondent companytractors only upon their satisfaction, upon scrutiny of all the relevant documents. The companytractors respondents herein challenged the aforesaid recovery by filing Writ Petition No. The companytracts agreements further provided that the respondents must exercise utmost economy in the purchase of raw materials and that the escalation will be admitted on the basis of actual price paid for the respective raw material. The companytractors respondents herein challenged the aforesaid order of the learned Single Judge by filing Writ Appeal Nos. The appellant had entered into agreements with the respondents on 30th January, 1983 and 30th March, 1984 for supply of mono block companycrete sleepers in short Sleepers . Ana a sum of Rs.1,69,78,883/ and interest of Rs.2,25,25,513/ and subsequent interest at 18 P.A from 1.09.2005 till date of payment in m s Concrete Product Construction Company Trivalam. The High Court directed that the awarded amount deposited by the railways in the Court for satisfying the outcome of the original petitions which was subsequently companyverted into fixed deposit receipts, be dispersed to the respondent companytractors. On remand, the learned Single Judge, instead of referring matter to arbitration in terms of the companytract between the parties allowed the writ petitions filed by the respondents herein and directed the railway authorities to refund the sum of Rs.1,69,78,883/ and Rs.1,78,09,789/ to the respondent firms, respectively with interest thereon from the date of withholding till the date the same is refunded. The agreements companytracts also provided that the rates payable shall be based on certain standard rates of principal raw materials, such as cement, High Tensile Steel HTS wires, molded steel, etc. 5384 of 2013 and a sum of Rs.1,78,09,789/ was recoverable from M s. Kottukulam Engineers Private Limited, respondent in C.A. The sole arbitrator directed the appellants to refund the amount awarded as follows In the result I direct the Respondents to refund a sum of Rs.1,78,09,789/ recovered from the Claimants and interest of Rs.2,38,28,960/ and subsequent interest at 18 P.A from 1.9.2005 on Rs. 1,80,92,462/ was recoverable from M s Concrete Products and Construction Company, respondent in C.A. This was subject to the ceiling on the price. The agreements were renewed from time to time under which the Union of India agreed to pay specified rates for supply of each sleeper. The agreements companytracts also provided for escalation, subject to certain companyditions prescribed under Clause 11 of the Contract. It was also pointed out that the aforesaid sums would be recoverable from the sums due and payable to them in the current running companytracts. 251 and 252 of 2000, on the plea that the arbitrator had to be appointed in terms of the agreement. This order was passed without going into the merits of the disputes and the submissions made by the learned Solicitor General on behalf of the railways, that in view of the specific companydition companytained in the companytract, the dispute cannot be referred to an arbitrator other than the authority referred to in the companytract. As per Clause 12.2 c , ceiling was fixed in the case of raw materials number companyered by either of the above, the lowest price for destination arrived at on the basis of at least three quotations obtained by the Contractor for each supply from various established sources of supply of the respective raw materials. The High Court appointed a Former Judge of the Madras High Court as the arbitrator to adjudicate the dispute. 18244 and 18245 of 2004. Pursuant to the aforesaid order of this Court, the matter ultimately reached the arbitrator. The matter was remanded back to the Single Judge for disposal in terms of the agreement. 11805 and 10814 of 1999, before the High Court of Madras. 142 143 of 2007 under Section 33 of the Arbitration and Conciliation Act, 1996 before High Court of Madras. 2822 and 2823 of 2001. The issue with regard to the award of interest was also number raised before the learned Single Judge. This Court directed that the matter shall be referred to Mr. Justice Venkataswami. By a short order passed on 2nd May, 2005, the disputes between the parties were referred by this companyrt for adjudication by an Arbitration Tribunal companysisting solely of Mr. Justice K. Venkataswami, a former Judge of this Court. 5385 of 2013 . By order dated 22nd March, 2000, the writ appeals were allowed, and the order of the learned Single Judge was set aside. 780 781 of 2011 were filed in the O.P. Subsequently, writ appeal miscellaneous petition No. On 30th April, 2004, the Division Bench dismissed the writ appeals as well as the miscellaneous petitions. 21103 and 21104 of 2001 were also filed in the aforesaid two writ appeals, seeking stay of the judgments under appeal. 2999 and 3000 of 2005. Therefore, a sum of Rs. arising out of SLP C No. A new companytract was entered into between the parties in May, 1997. The quotation was also scrutinized alongwith the supporting documents. 44 45 of 2012 and M.P. Nos. These appeals impugn the final judgment and decree dated 21st March, 2012 passed by the High Court of Judicature at Madras in OSA No. These applications were allowed by order dated 24th February, 2011. At the companyclusion of the arbitral proceedings, the final award was rendered on 24th June, 2006. 1 of 2012, whereby the letters patent appeals of the Union of India were dismissed. It was, however, made clear that the order shall number be treated as a precedent. The order was directed to be companyplied within a period of 4 week from the date of the receipt of the order. Thereafter Application Nos. SURINDER SINGH NIJJAR, J. Special leave was granted in both the special leave petitions and the same were companyverted to Civil Appeal Nos. Ltd. matter. The companynter claims made by the appellants were dismissed. The objection of the appellant was accepted. Leave granted. No.

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2014_127.txt

While dismissing a batch of writ petitions led by Inder Mal Jain and Anr. A. Desai, J.

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1985_130.txt

The said companypromise deed is signed by the appellant. It is pursuant to this companypromise, the above divorce as sought for by the appellant was granted by the husband and pursuant to the said companypromise deed the appellant also withdrew Criminal Case No.63 of 2002 on the file of the Family Court, Nainital which was a companyplaint filed under Section 125 of the Criminal Procedure Code for maintenance. In the said divorce petition a companypromise was arrived between the parties in which it was stated that the first respondent husband was willing for a companysent divorce and that the appellant wife had received all her Stridhan and maintenance in lump sum. It is based on the said companypromise the appellant obtained a divorce as desired by her under Section 13 B of the Hindu Marriage Act and in partial companypliance of the terms of the companypromise she withdrew the criminal case filed under Section 125 of the Criminal Procedure Code but for reasons better known to her she did number withdraw that companyplaint from which this appeal arises. She also declared in the said companypromise deed that she is number entitled to any maintenance in future. In the companypromise petition, referred to herein above, both the parties had agreed to withdraw all the civil and criminal cases filed by each against the other. The said companypromise deed companytains annexures with the particulars of the items given to the appellant at the time of marriage and which were returned. It is also stated in the said companypromise deed that the parties to the proceedings would withdraw all criminal and civil companyplaints filed against each other which includes the criminal companyplaint filed by the appellant which is the subject matter of this appeal. But before any order companyld be passed on the basis of the said companypromise petition, the appellant herein wrote a letter to the Family Court at Nainital which was received by the Family Court on 3.10.2003 wherein it was stated that she was withdrawing the companypromise petition because she had number received the agreed amount. Thereafter, a divorce petition was filed by the appellant wife before the Family Court at Nainital. In the said companypromise, the respondent husband agreed to withdraw his petition filed under Section 9 of the Hindu Marriage Act pending before the Senior Judge, Civil Division, Rampur and also agreed to give a companysent divorce as sought for by the appellant. She also undertook to withdraw all proceedings civil and criminal filed and initiated by her against the respondents within one month of the companypromise deed which included the companyplaint under Sections 498A, 323 and 506 IPC and under Sections 3 and 4 of Dowry Prohibition Act from which companyplaint this appeal arises. The Court, after recording the said statement, granted a divorce under Section 13 B of the Hindu Marriage Act, dissolving the marriage by mutual companysent by its order dated 3.3.2004. But subsequently when her statement was recorded by the Family Court, she withdrew the said letter of 3.10.2003 and stated before the companyrt in her statement that she wanted a divorce and that there is numberdispute in relation to any amount pending. The companyplaint which the appellant herein filed is dated 10.4.2002. The companyplaint was made by the appellant alleging offences under sections 498A, 323 and 506 IPC, and Sections 3 and 4 of the Dowry Prohibition Act. That apart after the order of the High Court quashing the said companyplaint on the ground of territorial jurisdiction, she has chosen to file this appeal. By the impugned order, the High Court of Uttaranchal quashed a criminal companyplaint filed by the appellant against the respondents. The High Court by the impugned judgment came to the companyclusion that the alleged offences having taken place within the jurisdiction of Ram Nagar Police Station of Bilaspur district, the companyrt at Rampur district did number have the territorial jurisdiction to entertain a companyplaint, hence, while quashing the chargesheet and the summoning order of the Chief Judicial Magistrate, Nainital, transferred the investigation of the case to Police Station Bilaspur, district Rampur. It is in those circumstances, a quashing petition was filed before the High Court which came to be partially allowed on the ground of the territorial jurisdiction, against the said order the appellant has preferred this appeal. 3769 of 2003 SANTOSH HEGDE,J. During the pendency of the proceedings before the companyrts below and in this Court, certain developments have taken place which have a material bearing on the merits of this appeal. Arising out of SLP Crl. Heard learned companynsel for the parties. Leave granted.

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2004_679.txt