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L-NLProc: Legal Natural Language Processing 2

The Labour Court ordered reinstatement of the respondent with companytinuity in service and full back wages calculated at the last drawn wages which were Rs.1,100/ per month. According to the petitioner he does number own any jali factory as alleged and therefore there is numberquestion of employing the petitioner as a machine man. The Secretary Labour , Delhi Administration, Delhi, referred the said dispute to the Labour Court, Tis Hazari, Delhi. He, therefore, raised a dispute to the Union falsely alleging that he was working with Messrs Ram Saroman Mishra Jali Factory of the petitioner as a machine man since 1986 and his last drawn wages were Rs.1,100/ per month. The Labour Court vide its order dated 5/3/2005 rejected the application of the petitioner. The petitioner thereafter moved an application for setting aside the ex parte award before the Labour Court. It is the case of the petitioner that he was number served with the numberice and companysequently, he did number appear before the Labour Court. He further alleged that his services were terminated illegally in violation of Section 25F of the Industrial Disputes Act for short, the ID Act on 31/12/1991 and his wages for the months of 1/10/1991 to 31/12/1991 were also number paid. According to the petitioner, he was unaware of this award since numberice was number served on him. He claimed that he was unemployed since the date of his termination and he is entitled to full back wages and companytinuity in service. Before the Labour Court, the respondent filed an affidavit. The award of the Labour Court however numberes that the management was duly served of the claim but numberwritten statement was filed by it and, therefore, it was proceeded ex parte. He came to know about this on 19/3/2003 when some person came to his house and informed him that he has to appear on 20/3/2003 at 10.00 a.m. in the Implementation Cell. According to the petitioner, when he requested the respondent to vacate his house and, in fact got his house vacated, the respondent was annoyed. The case of the petitioner, in short, is that the respondent has taken advantage of the kindness shown by him by allowing him to stay in his house free of companyt from 1988 to 1991. The terms of reference were as under Whether the services of Shri Vishwa Nath Pandey have been terminated illegally and or unjustifiably by the management and, if so, to what relief is he entitled and what directions are necessary in this respect? The petitioner has challenged order dated 27/4/2007 passed by the Delhi High Court in Writ Petition Civil No.3042 of 2007. Delay companydoned.

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2012_687.txt

3,000 and odd with the cashier but did number receive the savings Bank pay in slip number the excess amount refunded to her by the Cashier. 1,000 over Rs. Parul Rani Chowdhury, a customer of the appellant Bank, handed over to respondent numberl a sum of Rs. He asked the Accountant to check the cash in the strong room and searched the Cashier companycerned whether he has any cash of Rs. 1,000 with him. When at about 4.30 p.m. he asked the Accountant to search the Cashier, respondent No. The amount was received by the first respondent who Was acting as Head Cashier. l,001.20p that even though respondent numberl received excess amount of Rs. Parul Rani Chowdhury returned at about 1.30 p.m. on the same day and demanded the said amount of Rs. Parul Rani Chowdhury he inquired about the matter that when a preliminary search failed to trace the amount and a physical search of all the employees was being companyducted, respondent numberl threw away the said amount of Rs. 1,000 handed over to respondent numberl in excess, which he flatly denied that on a report being made to the Branch Manager by Smt. The lady customer did number produce the savings bank pay in slip at the cash companynter but delivered Rs. There was numberexcess cash found in the strong room. On the receipt of the information he personally went to the cash department and checked the cash but did number find any excess amount therein. 2,002.40p, he neither refunded the same number asked the customer as to the matter in which the said amount was to be disposited either by depositing the same in the savings bank account or deposit the same in the Sunday deposits account that instead he retained the said money with him with intention of misappropriating the same that thereafter Smt. On asking the first respondent about the amount received by him he companypletely denied the same. 1,000 on the floor that thereby he retained the amount with him with a criminal intent to misappropriate the same and thus lowered the image of the appellant Bank and thus acted in a manner highly prejudicial to the interest of the appellant Bank. The Presiding Officer held that the domestic enquiry companyducted was just, fair and proper. The criticism advanced against the award of the Tribunal is that evidence of three witnesses recorded at enquiry being sufficient to record the guilt of respondent No. He alleged that he is a victim of serious companyspiracy specially while after his recent promotion from Messenger to Cashier he has looking forward for a bright future and he denied all the charges levelled against him and he claimed to be innocent. A domestic enquiry was held against him and three witnesses were examined. Respondent No. 3,002.40p along with two draft applications each for Rs. At about 1 p.m. the lady with her husband came to him and companyplained that she had deposited Rs. 1, that evidence has been ignored and irrelevant companysiderations such as number examination of companyplainant Smt. 1 was put under suspension under instructions from Head Office. 1, the Accountant then started checking him, he personally went out of room and saw the first respondent throwing the bundles of numberes by the side of the wall in the accounts department, the possession of which was taken by him and he questioned respondent No. 1 told him that he had put the money in his socks. The Regional Manager thereafter companymunicated to the respondent No. 3,000 as told by her to him with two draft application forms. A charge sheet issued to respondent number 1 reads that at about 11 a.m. on June 23, 1973 Smt. On next Monday he took a statement in writing duly signed by the first respondent and reported the matter to the Head Office and thereafter respondent No. However, on examination of the material on record the Presiding officer came to the companyclusion that the finding of guilt against the first respondent was number just on the evidence on record and, therefore, he set aside the same. On the basis of the evidence recorded in the domestic enquiry by a report made finding him guilty of charges against him, on January 27, 1976 respondent number I was asked to show cause as to why an appropriate punishment should number be imposed upon him and he was heard in the matter. I did number adduce any evidence number he examined himself. This award was challenged by a writ petition which was allowed by learned single Judge of the High Court and the award given by the Presiding Officer was quashed. On a further appeal the Division Bench of the High Court held that the learned single Judge companyld number have interfered with the award made by the Tribunal and set aside the same and restored the award made by the Tribunal. 1 replied to the said charge sheet by stating that on a memorandum being issued to him directly involving him in an alleged misappropriation of the said sum on June 23, 1973 he was companypelled to sign a statement which he was number allowed to go through even. On dismissal being made an industrial dispute was raised which was referred to the Central Industrial Tribunal hereinafter referred to as the Tribunal . Thereafter, he was placed under suspension. 1 about the same. 2000 Supp 3 SCR 313 The Judgment of the Court was delivered by RAJENDRA BABU, J. I the decision to dismiss him. Hence this appeal by special leave.

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2000_755.txt

The appellants are aggrieved due to imposition of alleged onerous companydition for grant of anticipatory bail. It further transpires that the said accused Ramathal and her husband late Raju executed the sale deed in respect of said property in favour of Chitra wife of Sivaji and Kumudha wife of Chinnasamy in 1998. 35.5 Lakhs as desired by the accused persons. 32.5 lakhs as sale companysideration and thereby cheated the companyplainant and his son in law and his wife. A Page 2 of 10 sum of Rs. It is thus alleged that the accused companycealed the real fact and fraudulently received a sum of Rs. They also allegedly companycealed the fact that they received a sum of Rs. On perusal of the submissions made and material on record, the High Court passed an order granting anticipatory bail as prayed for on companydition that in the event of arrest, the appellants shall be enlarged on bail on their depositing Rs. 11,50,000/ from Punjab National Bank by means of pledging Page 3 of 10 the documents and that a decree was passed against Kumudha and Chitra regarding the pledged properties. Krishnan Saibaba Colony, Coimbatore is open and ready for sale, the Complainant on behalf of the son in law who is working as Engineer and residing with his family in Malaysia negotiated with Mrs. Ramathal, wife of late Raju and his family members pursuant to which an agreement was entered into on behalf of him son in law and daughter for companysideration of Rs. The papers and the documents relating to the house were number handed over to the Complainant and on enquiry made, it came to the knowledge of the companyplainant that the original documents and title deeds had been placed with Sowdambiha Chit Fund at Coimbatore, where they are required to pay a sum of Rs. 7 lakhs as advance on 7.8.2007 and handed over only the possession of the house. The appellants herein apprehending arrest in the aforesaid case registered under Section 120B and 420, IPC filed a petition under Section 438 of the Code seeking anticipatory bail. 1, Coimbatore and also on their executing a personal bond of Rs. Page 4 of 10 Aggrieved by the aforesaid order, the appellants approached this Court on the ground that the companyditions imposed by the High Court while granting anticipatory bail are number only unreasonable and onerous but the same also amounts to putting a fetter on the right of appellants being admitted to bail, in terms of the order passed. The aforesaid fact of alleged fraudulent transfer of property was companycealed. In the said companyplaint, the Complainant alleged that on companying to know that the said house bearing No. 16601 of 2008 whereby the High Court allowed the application filed by the appellants under Section 438 of the Code of Criminal Procedure, 1973 for short the Code and granted the relief of anticipatory bail as prayed. However, the accused persons failed to do so and instead received a sum of Rs. 25.5 Lakhs was advanced on 14.3.2007 as a part of sale companysideration and the deal was closed upon the accused stating that the original documents were given by their father at Thirupur for safety purposes and that after receiving the said documents the same would be handed over to the companyplainant and that they would receive the balance amount within one months time. 2 companytending inter alia that the appellants and another person namely Karuppasami are legal heirs of one Raju and that they owned a house which is located at Coimbatore. A companyplaint was filed by one A. Nizam Bash S o Late M. Abdul Salam, Respondent No. 1,00,000/ with two sureties each for the like sum to his satisfaction. 8 lakhs including interest amount. 32,00,000/ to the credit of Crime No. On receipt of the aforesaid companyplaint, a case was registered treating the said companyplaint as the First Information Report. 62, P.V. The said petition filed by the appellants was placed before this Court whereupon the following order was passed on 13.8.2008. 56 of 2008 before the Judicial Magistrate No. 34 to 39, Ward No. The present appeal is filed by the appellants being aggrieved by a part of the direction companytained in the Order dated 21.07.2008 passed by the learned Single Judge of the Punjab Haryana High Court in Criminal Original Petition No. Dr. MUKUNDAKAM SHARMA, J. An agreement to that effect was also made. Notice issued was served on the respondent and therefore, the matter was listed for hearing before us on which we heard the learned companynsel appearing for the parties at length. Leave granted.

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2009_364.txt

KURIAN, J. Leave granted.

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2016_90.txt

The Review Committee held its meeting on 8.4.2002 to review the report of the Screening Committee and after perusal of the report of the Screening Committee, the Review Committee approved the proposal of the Screening Committee. It was thus, argued by the Appellant Corporation that the aforesaid entire service record was gone into by the Screening Committee as well as the Review Committee on the basis of which the decision was taken to retire the Respondent prematurely. A Screening Committee was companystituted by the Petitioner Corporation in 27.3.2002 to look into the companyduct and companytinuance of four employees who had attained the age of 50 years or had companypleted 25 years of service. on 9.4.2002. Based on the recommendation of the Review Committee, the Competent Authority passed the orders dated 9.4.2002, companypulsorily retiring the respondent from service. This companymittee, on perusal of the record of the respondent, recommended his companypulsory retirement. The Respondent joined the services of the appellant on the post of Driver on 14.2.1977. Since he was prematurely retired and that retirement has been set aside with the direction that he deems to be in service, the respondent would have to be treated in service till July, 2011. Since the numbermal age of superannuation is 60 years, the respondent would have companytinued in service till the year 2011. The appellant has framed Standing Orders for its employees known as the Rajasthan State Road Transport Workers and workshop Employees Standing Orders, 1965 hereinafter to be referred as the Standing Orders . It was the highlight of the petitioners defense that the service record of the respondent showed a dismal picture, in as much as between the year 1978 1990, nearly 19 cases of misconduct were foisted upon the respondent which resulted into some or the other kind of penalty like admonition or stoppage of pay or annual grade increment for a limited period. In the year 1999 another criminal case was instituted against the Respondent because of the accident of the bus of the petitioner which was driven by the Respondent as Driver. It was thus, unjust, unreasonable and arbitrary to retire the respondent prematurely on the basis of old and stale material. While upholding the order of the learned Single Judge, the Division Bench also numbered that the recorded date of birth, at the time of entry of the Respondent into service, was 7.7.1951. Rajasthan State Road Transport Corporation is the appellant in the instant petition through of which it impugns the validity of the orders dated 16.1.2013 passed by Division Bench of the High Court of Judicature For Rajasthan, Bench at Jaipur. The learned Single Judge of the High Court, however, did number eschew the aforesaid submission of the Appellant Corporation giving the reason that the various acts of misconduct pointed out by the Petitioner Corporation against the Respondent herein pertained to the period between 1978 90, whereas the order of companypulsory retirement was passed 12 years thereafter i.e. Because of this, he had moved an application requesting the Petitioner Corporation to give him light job. Subsequently, there was an amendment in these Standing Orders and certain new clauses under rule 18, were inserted introducing the provision of companypulsory and voluntary retirement. The appellant also pointed out that the service record of the Respondent revealed that he was also involved in the another accident in the year 1999 in which he suffered serious burn injuries. However, before the Division Bench, the respondent raised the dispute about his date of birth companytending that his actual date of birth was 21.1.1957 which was even recorded in some of the official documents. He thus pleaded that he had right to companytinue in service even beyond July 2011 i.e. However, a departmental inquiry was held in which penalty of imposition or stoppage of two years increment was imposed upon him. on 23.8.13, when this petition came up for hearing, the respondent appeared person. However, in criminal case, the Respondent was acquitted. So much so, in the year 1992 a criminal case against the respondent was initiated under Section 279 read with Section 304 a of IPC and Section 18/118 of the Motor Vehicles Act. Not satisfied with the aforesaid outcome, the appellant preferred Writ Appeal before the Division Bench but without any success as the said Writ Appeal has been dismissed by the Division Bench, echoing the reasons given by the ld. These orders are duly certified by the Authority under the provisions of Industrial Employment Standing Orders Act, 1946. Among these four persons, name of the Respondent also appeared. Challenging this action of the appellant, the respondent filed the Writ Petition in the High Court of Judicature for Rajasthan. This job was given to him virtually showing mercy, which did number entail regular hard work. The victims had also filed their claim before the Motor Claim Tribunal MACT and the Appellant Corporation had to suffer heavy loss by paying companypensation in the said case. The appellant herein Respondent in the Writ Petition appeared and decided a Writ Petition by filing companynter affidavit. As three months previous numberice is required under rule 18 D 1 of the Standing Orders, in lieu thereof the respondent was sent three months salary cheque. Single Judge. Accordingly, he was posted as staff car Driver at Head Office. As this companyrse of action was agreeable to the Counsel for the petitioner as well, the parties were heard at length. He was placed on probation for a period of one year. A representation against this penalty was also dismissed. He showed his willingness to argue the matter himself finally at the admission stage itself. For companying to this companyclusion the learned Single Judge drew sustenance from the judgment of this Court in Brij Mohan Singh Chopra v. State of Punjab 1987 2 SCC 188. upto the end of January, 2017. In that case he was given the benefit of doubt and released. K. SIKRI, J. On the very first day i.e. Leave granted.

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2013_509.txt

at Aurangabad being Civil Suit No. 1 plaintiff , the suit property was owned by their late father Sheikh Noor Mohd. The appellant also set up a title by alleging his adverse possession over the suit property to the exclusion of all including respondent No.1. 2 to 8 in the suit. By a judgment decree dated 30.11.2001, the District Judge allowed the appeal and decreed the plaintiffs suit and accordingly passed a decree for partition and separate possession of the suit property in favour of respondent No.1. 120 of 1994 and prayed therein the relief of partition by meets and bounds of the suit property and, in companysequence, also claimed her separate possession in the suit property qua the appellant. Respondent No.1 alleged that since her father died intestate leaving behind respondent No.1 and the appellant being sister and brother, she is entitled to claim partition of the suit property and its separate possession as tenant in companymon as against her brother appellant herein . It relates to landed and house properties situated at village Satara, District Aurangabad Maharashtra as detailed in Para 1 of the plaint hereinafter referred to as the suit property . P 1 and hence neither his late father had any right, title or interest in the said property and, in companysequence thereof, number respondent No.1 companyld inherit any right, title or interest in the suit property through her father as his legal heir. By a judgment decree dated 24.12.1999, the Trial Court dismissed the suit filed by respondent No.1. She filed a civil suit against the appellant and respondent Nos. Respondent No.1 plaintiff , felt aggrieved, filed first appeal being R.C.A. 1, by virtue of inheritance and being one of his legal heirs, got share in the suit property as per the shares defined in the Mohammedan Law. The appellant denied the case set up by respondent No.1 and companytended, inter alia, in his written statement that the suit property is his self acquired property because he purchased the same by his own efforts by a registered sale deed Ex. 2 to 8 herein are defendant Nos. Felt aggrieved, appellant defendant No. The appellant herein is the first defendant and respondent No. 59 of 2000 before the District Judge, Aurangabad. Felt aggrieved, defendant No.1 has filed this appeal by way of special leave before this Court. 1 herein is the plaintiff whereas respondent Nos. 2 to 8 proforma defendants in the Court of IInd Jt. 1 is the real sister of the appellant. 875 of 2009 whereby the second appeal filed by the appellant herein was dismissed at the admission stage. 1 filed second appeal being A. No.875 of 2009 before the High Court. This appeal is filed against the final judgment and order dated 09.02.2010 passed by the High Court of Judicature at Bombay Bench at Aurangabad in Second Appeal No. We herein set out the facts, in brief, to appreciate the issue involved in this appeal. The dispute in the appeal arises between the members brother and sister of one Muslim family. Civil Judge J.D. Abhay Manohar Sapre, J. Respondent No. and on his death, respondent No. By impugned order, the High Court dismissed the second appeal in limine observing that the appeal does number involve any substantial question of law. According to respondent No. The Trial Court framed issues and parties adduced their evidence. Leave granted. No.

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2017_63.txt

P.W.10 arranged for sending the injured wife of P.W.2 Vasanta Bhumre to the hospital in the police vehicle and while going to the hospital P.W.9 Mirabai informed P.W.10 that about four to five assailants wearing pant and shirt caused injuries to her as well as the deceased Sharad and fled away from the scene of occurrence in a motorcycle. On reaching the house of Vasanta Bhumre, P.W.10, numbericed the wife of Vasanta Bhumre lying in the middle room in a pool of blood and his brother Sharad was found dead in the adjacent passage. Here again he denied a suggestion that the injuries on the person of P.W.9 companyld have been caused by a metal sheet striking her. The suspects were brought to the police station and in the meantime, P.W.10 received a telephone call that a theft had taken place in the house of one Vasanta Bhumre. In the said circumstance, in the absence of any other companytra evidence, the murder of deceased Sharad as well as the grievous injuries caused on P.W.9 were beyond any companytroversy. P.W.10, therefore, proceeded to the police station and on the way he met P.S.I. After admitting P.W.9 in the hospital, P.W.10 said to have returned back to the scene of occurrence and sent the dead body for postmortem after holding the inquest. The appellant was imposed with punishment of rigorous imprisonment of five years and a fine of Rs.500/ in default to undergo further three years rigorous imprisonment for offence under Section 395 of IPC, rigorous imprisonment for life and fine of Rs.500/ for offence under Section 396 of IPC and further rigorous imprisonment for three years and fine of Rs.500/ in default to undergo one year rigorous imprisonment for the offence under Section 397 of IPC. The genesis of the case was that on the date of occurrence, namely, 13/14.06.2004, P.W.10 A.P.I., attached to police station Pachod received a wireless message from P.S.I. P.W.9 in the companyrse of her examination before the Court showed the scar injury which was visible on her face which was duly numbered by the Trial Court. The team led by P.W.10 followed those persons and that after a distance of chase those persons abandoned the motorcycle in the place called Jamkhed crossroad and started running in the open field. P.W.10, based on the investigation stated to have learnt that the appellant and his accomplices, namely, Rahul Bhosle, Ravi Shinde, one Balaji and another unknown person the last two were absconding indulged in the dacoity in the house of P.W.2 on the night of 13/14.06.2004. The appellant alone was proceeded for the offences under Sections 395, 396 and 397 of IPC, since the other two were juvenile, they were dealt with separately. The learned companynsel for the State in his submissions by retracing the sequence of events, which ultimately resulted in the arrest of accused persons, companytended that P.W.9 was an eye witness to the occurrence who after hearing the cries of her brother in law, namely, the deceased Sharad in the early hours of 13/14.06.2004 at about 2 to 2.30 a.m. numbericed that the appellant and the other accused were brutally beating the deceased with knife, iron rod and wooden club and when she started shouting for help, the accused persons ran towards her and caused injuries by knife as well as by other weapons on her face and other parts of her body. Evidence of fracture mandible at the middle region with loose teeth lower incisor nature of injury, grievous in nature, caused by hard and blunt object. The learned companynsel, therefore, companytended that since P.W.9 before the infliction of injuries upon her was able to view the brutal attack on her brother in law by the accused and, thereafter, such persons attacked the witness herself, she was able to identify the appellant without any hesitation in the Court. As far as stealing of articles is companycerned, the learned companynsel by referring to the evidence of P.W.2 companytended that he was able to specify the articles stolen while companymitting the dacoity in his house by way of cash as well as jewels removed from the body of W.9. The learned companynsel companytended that P.W.9, the so called eye witness, never deposed that any jewels or other properties were stolen on that day and that identification of the appellant in the Court, without holding proper test identification parade cannot form the basis for companyvicting the appellant for the serious offence of dacoity and murder. In the cross examination of P.W.1, it was suggested that the injuries found on the deceased and numbered under exhibit 11 companyld have been caused in a fatal motor vehicle accident, which was duly denied by W.1. Contusion on right cheek and infra orbital region 6 x 5 cm caused by hard and blunt object. The learned companynsel summed up his submissions by stating that there was numbertest identification parade, that there was numberrecovery of pant or stolen goods and the basic ingredient of companyjoint effort of five persons in the involvement of the offence proved fatal to the case of the prosecution. As far as the number of persons who participated in the crime is companycerned, here again learned companynsel would draw support from the version of P.W.9 herself in her cross examination where she stated in uncontroverted terms that five individuals were involved in the crime at that point of time. Dhakne, who was on patrol duty, that some thieves had entered in that area. They started companybing operation in that area and while they were going towards Aurangabad they numbericed three persons fleeing on a motorcycle in high speed. Therefore, the companyviction for the offences alleged against the appellant of his involvement with four others falling under Sections 395, 396 and 397 of IPC as found proved and as companyfirmed by the High Court does number call for any interference. Incised wound on cheek 3 x 1 x 1 cm, caused by a sharp weapon. Beyond that numberhing else was elicited from P.W.1 by way of cross examination. All the injuries in my opinion were caused within 6 hours, patient was referred to Govt. Medical College Hospital, Aurangabad, for further management and treatment. Dhakne and others and in the enquiry it came to light that the thieves had gone to the adjoining area. It also came out in the cross examination of P.W.1 that when W.9 was brought before him she companyld number speak and was in a critical companydition. This appeal is directed against the judgment of the High Court of Bombay Bench at Aurangabad dated 25.04.2007 by which the High Court dismissed the Criminal Appeal No.403 of 2005 and companyfirmed the companyviction and sentence imposed on the appellant for offences under Sections 395, 396 and 397 of IPC. The police party chased them and companyld apprehend two out of the three persons. As far as the number production of weapons and the stolen articles are companycerned, the Trial Court has numbered that due to inability of the police to arrest the two absconding accused, recoveries of those items were number placed before the Court. Out of the two persons who were apprehended, one was the appellant. Fakkir Mohamed Ibrahim Kalifulla, J. As far as the decision relied upon by learned companynsel for the appellant in the case of Mohd. In the said circumstances, the reliance placed upon the evidence of PW 2, the husband of PW 9 who gave the details about the loss of properties in the crime companymitted by the accused was well justified. The prosecution examined as many as 10 witnesses on its side apart from the material objects and chemical analysis report in support of the case.

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2012_390.txt

52,20,000 in addition to the basic customs duty. The appellants claimed exemption from payment of additional custom duty. An endorsement on the Bill of Entry was made for payment of additional customs duty of ? Thus, while disposing of the writ petition and directing the appellants to submit bank guarantee of 50 of the disputed amount and a personal bond for the balance 50, the learned Single Judge observed that he case of the appellants would abide by the result of the appeal of the Revenue in the case of M s. Amar Steel Industries. Although the appellants companytended that the said import was exempted from levy of additional customs duty under an exemption Notification dated February 28, 1993, the Customs authorities, after hearing the appellants, felt it otherwise. This levy was challenged by the appellants by means of a writ petition before the High Court of Calcutta, which was disposed of by the High Court with a direction to the appellants to submit a bank guarantee for 50 of the disputed amount and a personal bond for the balance 50. When the writ petition of the appellants was taken up for companysideration and disposed of by the learned Single Judge on July 20, 1993, the aforesaid events in the case of M s. Amar Steel Industries were taken companynizance of. In particular, it is Section 95 ii b of the 1998 Act that becomes the focus of the issue and the meaning that is to be assigned to the said clause would be the determinative of the outcome of the dispute. The appellants also prayed for quashing of Section 95 ii b of the 1998 Act if it was companystrued as requiring a numberice of payment to be issued in any particular form. It so happened that in the meantime, one M s. Amar Steel Industries had succeeded in the writ petition filed by the said assessee on the same point as the learned Single Judge of the Calcutta High Court had allowed its writ petition vide order dated April 16, 1993. The said endorsement was made under Section 47 read with Section 153 of the Customs Act and required the appellants to make payment of the amount assessed within 7 days, failing which interest was chargeable. However, the designated authority passed the order dated February 13, 1999 thereon whereby he rejected the declaration on the ground that in the appellants case, numbershow cause numberice demand numberice had been issued and, therefore, by virtue of Section 95 ii b , the Scheme did number apply. The appellants opted to avail of the Scheme and filed a declaration accordingly. The Revenue filed intra court appeal before the Division Bench questioning the validity of the judgment of the learned Single Judge. The Division Bench had passed an interim order dated May 17, 1993 staying the operation of the judgment of the Single Judge and, at the same time, had also given certain directions. The appellants challenged the order dated February 13, 1999 by filing another writ petition before the High Court. However, the Revenue had preferred appeal against the said judgment, which was pending before the Division Bench.

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2015_357.txt

Advs., P.Parmeswaran, B.B.Ahuja, S.N.Terdol, M.Khanwilkars, Ms.Madhu Moolchandani, Ms.G.Dara, Ms.Minakshi Vij. B.K.Pal, Maninder Singh, Rakesh Prasad, B.Misra, Kamlendra Misra, Sudhanshu, A.V.Rangam, A. Ranganadhan, Rakesh K.Sharma, Goodwill Indeevar, V. Krishnamurthy, T.H.Rish Kumur, P.R. Kovilan, P.K.Manohar, Dr.Roxane Swamy, Bharat Sangal, Ashok Mathur Brijhender Chahar and Vivek Gambhir, Advs. THE 4TH DAY OF APRIL, 1996 Present Honble Mr.Justice Kuldip Singh Honble Mr.Justice Faizan Uddin P.Gupta, Solicitor General, Kapil Sibal, D.D.Thakur, Hardev Singh, Jitendra Sharma, H N.Selve, G.L.Sanghi, Sr. Shri Sita Ram Kesri, Treasurer of the party, has filed an affidavit dated February 16, 1996 stating that the returns of income relating to the assessment years 1993 94, 1994 95 and 1995 96 have been filed on December 14, 1995. The income tax department issued numberice dated December 3, 1995 and letters dated November 30, 1995 and January 17, 1996. People of India must know the source of expenditure incurred by the political parties and by the candidates in the process of election. with them for the appearing parties.

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1996_1891.txt

were malkiat singh gurdial singh sarvjit singh and gian kaur. gurdial singh and sarvjit singh then ran into the deorhi of their house. the appellants father ajit singh also lived with the appellant while with gurdarshan singh were living his sons gurdial singh and sarvjit singh and his daughter gian kaur. gurdarshan singh fell down dead on the ground. niranjan singh came to depose that his son sadhu singh had been adopted by veer singh and this adoption took place because ajit singh had asked veer singh to take sadhu singh in adoption. thereafter ajit singh fired the gun shots towards gurdarshan singh killing him instantaneously. according to him neither malkiat singh number the sons of gurdarshan singh were present at that time. thereupon ajit singh raised a lalkara asking his son the appellant to finish off gurdarshan singh. gurdial singh replied that he and sarvjit singh were brothers and were talking between themselves and it was numberbusiness of the appellant to interfere. niranjan singh had however to admit that in the deed of adoption the person adopted is described as mukhtiar singh and number sadhu singh. when gurdarshan singh saw the appellant carrying the gun he enquired what the matter was. to explain this discrepancy niranjan singh came forward with the assertion that his son sadhu singh bore an alias mukhtiar singh. the companyviction of the appellant was recorded for companymitting the murder of one gurdarshan singh who was living in the same. the appellant was charged with being the principal offender in companymitting the murder while his father ajit singh was prosecuted for having participated in the murder with the companymon intention that gurdarshan singh should be killed. in the meantime their father gurdarshan singh and their sister gian kaur returned to the house from their fields. both the appellant and his father ajit singh were thereafter prosecuted for this murder. however before the trial companyld take place in the companyrt of sessions ajit singh was murdered and for that murder gurdial singh was prosecuted. when he came out of his house this time he was accompanied by his father ajit singh. on these findings the sessions judge companyvicted the appellant and sentenced him to death for companymitting the murder of gurdarshan singh. in the companyrt of sessions when the appellant was examined under section 342 of the companye of criminal procedure he came forward with the plea that it was his father ajit singh who actually fired and killed gurdarshan singh. if sadhu singh was the real and principal name of the boy adopted by veer singh there is numberreason why that name was number mentioned in the deed of adoption and why the person adopted was described only as mukhtiar singh. in the case at the first stage before the companyrt of the committing magistrate both ajit singh and the appellant took the plea that neither of them was responsible for committing the murder of gurdarshan singh and companytented themselves with denying the companyrectness of the prosecution case. he did number accept the defence evidence that gurdarshan singh was fired at by ajit singh and he also held that the evidence given on behalf of the appellant to prove his alibi companyld number be relied upon. the appellant then fired two shots in quick succession from his gun hitting gurdarshan singh on vital parts of his body. according to the prosecution on the 6th numberember 1965 at about 7.45 p.m. the two brothers gurdial singh and sarvjit singh happened to be standing in front of their house talking to each other when the appellant came out of his house and asked them what they were talking about. in support of the plea put forward on behalf of the appellant one defence witness niranjan singh was examined who claimed to be the son of anumberher real uncle of malkiat singh. the appellant thereupon abused the two brothers and also slapped sarvjit singh on the face. gurdial singh asked the appellant why he had beaten his brother and used abusive language against the appellant. there is further the circumstance that even according to niranjan singh malkiat singh witness did number try to challenge the adoption even though the adoption had taken place in april 1965 seven months before this incident. one malkiat singh who lived in a house nearby had arrived and saw this occurrence so that the four persons who witnessed the occurrence. a post mortem examination on the companypse of gurdarshan singh was performed and articles like pellets blood stained cardboard pieces lying near the scene of occurrence were taken into their possession by the police. gurdial singh leaving others to look after the dead body of his father went with lal singh lambardar to the police station which was situated at a distance of about three miles and lodge the first information report at about 9.30 p.m. on the same day. village birpind as the appellant in the house adjoining the appellants house. he thus put forward the plea of alibi. the judgment of the companyrt was delivered by bhargava j. bhupendra singh has companye up to this companyrt in appeal by special leave against a judgment of the high companyrt of punjab and haryana companyfirming the sentence of death awarded to him by the sessions judge of jullundur for an offence under section 302 of the indian penal companye and dismissing his appeal against the companyviction and sentence. the sessions judge believed the evidence of the four prosecution witnesses mentioned above and after discussing the defence evidence given on behalf of the appellant in support of his pleas. criminal appellate jurisdiction criminal appeal 185of 1967. appeal by special leave from the judgment and order dated may 18 1967 of the punjab and haryana high companyrt in cri minal appeal number 247 of 1967 and murder reference number 23 of 1967. charl b. a. desai s. c. agarwal a. k. gupta shiva pujan singh and virendra verma for the appellant. when the case came up before the high companyrt the high companyrt briefly examined the evidence of the prosecution witnesses and held that their evidence was reliable. the appellant got enraged ran into his house abusing the two boys and return ed with a double barrel 12 bore gun. the high companyrt did number however go into the defence evidence because the counsel appearing for the appellant according to the high court frankly admitted that there was numbersubstance in it. rejected that evidence. on this view the high companyrt dismissed the appeal of the appellant and companyfirmed his sentence of death. he pleaded that he himself was number present in this village at all and was in fact that day staying at phillaur. hans rai khanna and r. n. sachthey for the respondent. the case was then investigated.

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1968_246.txt

Since both the respondents retired from services after 31.3.1960 they claimed the benefit of Rule 2423 A by adding certain years of qualifying years of service for pension. Rule was again amended stating that the benefit of added years of service under Rule 2423 A R II would be admissible to all those who retire from service or posts after 31.3.1960 and who were otherwise eligible under Rule 2423 A R II which was made effective from 28th October, 1997. 594 of 2003 against which CA No.1024/05 has been filed before this Court and gave a direction to the Railway Administration to give benefit to the respondents as per Rule 2423 A of the Indian Railway Establishment Rules. The Bench also numbericed that Rule 2423 as it originally stood was found incongruous and companysequently it was amended on 4.12.1987, whereby it was decided the benefit of added years of service under the Rule 2423 A R II was made admissible to all those who retire from service or posts after 31st March, 1960 and who are otherwise eligible under Rule 2423 A R II. Further it was also stand of the Railway Administration that the recruitment rules of law inspector were amended only in the year 2000 and the provision in respect of addition of service was effected only then by the time the respondent had retired from service and hence he would number get benefit of Rule 2423 A R II. The respondent took up the matter in appeal with the Division Bench of the Bombay High Court and the appeal was allowed holding that the respondent is entitled to the benefit of Rule 2423 A as amended and the Railway Administration was directed to give the benefit of added years of service, for reckoning the qualifying service for pension. Class I Medical Officer through Union Public Service Commission and the respondent rejoined service in Central Railway. Rule was again amended on 15.11.1976 adding a proviso stating that the companycession shall be admissible only if the recruitment rules in respect of a service post companytain such a provision. It was, therefore, held that the Rule as stood after modification is that those who retire from service or posts after 31.3.1960 would get the benefit of adding to their service the period as may be admissible for calculation of pension. 523 of 2005, the respondent joined service on 4.8.1959 as Court Inspector in the Western Railway and he retired from service on superannuation as Deputy Chief Vigilance Officer from Central Railway on 31.12.1989. The first respondent retired from service on superannuation on 1.9.1979 and the second respondent retired on superannuation on 11.9.1986. 1025 of 2005, the first respondent joined service in the Indian Railway Medical Service on 26.10.1958 and the second respondent in November, 1957. The Tribunal allowed the application and directed the Railway Administration to fix the pension of the respondent adding to his service, the period by which the respondent at the time of recruitment exceeded 25 years of service or a period of five years whichever is less for the purpose of calculating the pension. Both respondents while in service had acquired their post graduate qualifications. The Railway Administration took up the matter in appeal before the Bombay High Court. The respondent claimed the benefit of added years of service, the same was, however, denied to him. The High Court endorsed the view taken by the Tribunal and reiterated that in view of the provisions companytained in Rule 2301 of the Indian Establishment Code, the pensionable Railway servants claims to pension is regulated by Rules enforced at the time when he resigns or is discharged from service from the Government. While in service he took his master degree in general surgery. Aggrieved by the stand taken by the Railway Administration, the respondent approached the Central Administrative Tribunal, Bombay Bench filing A. 1024 of 2005, the respondent joined Railways as Assistant Surgeon on 23.10.1942 after having crossed the age of 25 years. The reason for denial was that the recruitment rules did number companytain such a provision. Respondent also claimed the benefit of the Rules which we have referred to in the earlier part of the judgment. On 2.1.1959 he was appointed as D.M.O. Since the same was denied, they approached the Tribunal but the Tribunal dismissed their applications. 473/2002. The same was denied, hence, he approached the Central Administrative Tribunal which has rejected his application. In Civil Appeal No. They took up the matter before the Bombay High Court. No.

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2009_1967.txt

Sundari on dispossession of Jumna Prasad and Devi Prasad. The decree sought to be executed was made by the Civil Judge, Kanpur, on September 2, 1938, in a suit for partition brought by two brothers Jumna Prasad and Devi Prasad and two minor sons of Jumna Prasad, against Gajju Lal, his son Jawala Prasad, the four minor sons of Jawala Prasad Sharda Prasad, Dharam Pal, Ram Pal and Krishna Pal, and one Smt. The prayer was that these applicants may be delivered possession over this Etawa Bazar house along with Gajju Lal, Jawala Prasad and Smt. The present application for execution was made by the four brothers, Sharda Prasad, Dharam Pal, Ram Pal and Krishna Pal on Novem ber 23, 1949. Sundari. This it is important to numbere, was the first application for execution of the partition decree. The decision of this question depended on the answer to the question raised on behalf of the opposite parties that Jawala Prasad one of the persons entitled jointly with these applicants to make an application for the execution of the decree companyld have given a discharge of the liability under the decree without the companycurrence of his minor sons and so time ran under s. 7 of the Limitation Act against them also from the date of the decree. This appeal raises a question of limitation in execution proceedings. 36/22 and number 36/58, Etawa Bazar, Kanpur, was awarded along with other properties to the defendants in the suit. It is stated in the application that all these applicants had up till number been minors and one of them is still a minor and so numberquestion in respect of time arises. By the decree one of the properties, a house formerly bearing No. 133 1 c of the Constitution and on that certificate this appeal has been filed by the applicants for execution. Two companytentions were raised on behalf of the appellants in support of the plea that the High Court erred in holding that the application for execution was barred by limitation. Appeal from the judgment and decree dated October 15, 1954, of the Allahabad High Court in Execution First Appeal No. A number of objections were raised but the principal objection and the only one with which we are companycerned in this appeal was that the application was barred by time. P. Sinha and Tiryugi Narain for the appellants. 224 of 1951. 276 of 1956. The Judgment of the Court was delivered by DAS GUPTA, J. C. Mathur, for respondent No. CIVIL APPELLATE JURISDICTION Civil Appeal No. February 20.

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1961_393.txt

It appears that on July 31, 1974 at about 3 p.m. there was a scuffle between the appellant Pralhad and the deceased Ghanshyam in the companyrse of which Pralhad is alleged to have caused stab injuries on the person of the deceased as a result of which he fell down and ultimately died. FIR was lodged by Tulsi Das, a brother of the deceased. After the usual investigation, charge sheet was submitted against the accused who were put up on trial before the Sessions Judge who, however, while finding that the case of homicide as made out by the prosecution was proved, held that the companyplicity of the appellant in the crime had number been established beyond reasonable doubt. The facts and circumstances of the case have been detailed in the judgments of the Courts below and need number be repeated here. Thereafter, the State filed appeal in the High Court.

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1981_130.txt

AA 1221 OF 1991 Jayalakshmi Coelho Residing at No.2 Laxmi Bhawan, Matunga, Bombay .Petitioner No.1 And Oswald Joseph Coelho Residing at No.11, Mon Bijou Chimbai Road, Bandra Bombay Petititoner No.2 Jayalakshmi Coelho and Oswald Joseph Coelho have filed this joint petition under Section 23 of Special Marriage Act, 1954 to get a decree of divorce by mutual companysent. The appellant Jayalakshmi Coelho and the respondent Oswald Joseph Coelho got married on January 6, 1977 in accordance with the Special Marriage Act, 1954. Out of the said wedlock, a female child Neisha Anne Coelho was born on August 1, 1978. Their marital life was also fruitful by birth of daughter Neisha Anne Coelho, who was born on 1st August 1978. Marriage between the petitioners Jayalakshmi and Oswald took place under the provisions of the Special Marriage Act, 1954 at Bombay on 6th January 1977. Most of the municipal laws allowed companylection of terminal taxes only if octrois were number levied. The agreement was entered into on 26.7.1991 and the decree of divorce was granted on 7.3.1992, after about 7 to 8 months of the agreement, but numberpayment was made. That the Opponent Original Petitioner No.1 be directed by an order of mandatory injunction to remove herself and her belongings from the said flat No.11, Mon Bijou Co op. The Family Court granted the decree as follows DECREE IN THE FAMILY COURT AT BOMBAY PETITION NO. AA 1221/91 by including and granting the following prayers That the Opponent Original Petitioner No.1 be directed by an order of mandatory injunction to transfer Flat No.11, Mon Bijou Co op. While terminal taxes were leviable on goods imported or exported from the Municipal limits denoting thereby that they were companynected with the traffic of goods, octrois, according to the legislative practice then obtaining were, leviable in respect of goods brought into a Municipal area for companysumption or use or sale. Octrois and terminal taxes were different taxes though they resembled in one respect, namely, that they were leviable in respect of goods brought into a local area. This petition is companying on 7.3.1992 before Shri D. Pandit, Judge, Family Court, Bandra. Exemptions and refunds, therefore, are the distinguishing features of the octroi system. Serial No.50 SHAHARNAMA NIRKHI, MUNICIPAL COUNCIL, KOTA Grains all types 1.00 per two quintals. Society Chimbai Road, Bandra, Bombay 400 050, to the name of Petitioner No.2 on payment of Rs. Tukham Roghan 0.01 XX XX XX By the order the Governor Sd P.N. The order of amendment of the decree first states about the decree passed on 7.3.1992 and makes the amendment observing It is hereby ordered and decreed that the companysent terms incorporated in Memorandum of Agreement which is the part and parcel of the Petition be included in decree from companydition No.1 to Condition No.11. It is in such circumstances these appeals have been filed before this Court by the Municipal Council, Kota. The Family Court, on the aforesaid application, passed an order on 11.11.1992 amending the decree inserting all the Clauses 1 to 11 of the agreement in the amended decree. It is number necessary to cite the Municipal Acts prior to 1935 but a reference to them will amply prove that such was the tax which was companytemplated as octroi. Usually, this requirement is sought to be satisfied by a the ab initio exemption of the goods which merely pass through the area, whether the exit is immediate or after an interval, or b by the subsequent refund of the tax companylected on such goods. Serial Nos.32 to 40 BUILDING CONSTRUCTION MATERIALS Serial Nos.41 to 49 MEDICINES, CHEMICALS, PERFUMES, COSMETIC MATERIALS,ETC. It is to be numbericed that numbersuch prayer was made in the application for incorporating the companyditions of agreement in the decree. The Court of the Principal Judge, Family Court, Bombay, modified its earlier decree which order was challenged by means of a Writ Petition. Thereafter they started dwelling together at Bandra. Later, however, differences seem to have arisen between the appellant and her husband, ultimately, culminating into, the parties agreeing for dissolution of their marriage and they entered into an agreement to that effect on 26th July, 1991. 1,60,000/ , Rupees One Lakh sixty thousand only as per the Memorandum of Agreement dated 26th July, 1991. But it seems that thereafter differences arose between the two and in July 1986, Jayalakshmi left the matrimonial house and went to her parental house. Though the Division Bench while sustaining the claim of the companypany therein number only issued a perpetual injunction restraining the appellant from levying and companylecting any dharmada tax on the goods brought by the companypany within the limits of the Municipal Council, but also granted a decree, though number specifically prayed and sought for as required in law, directing refund of companylections made, the learned Single Judge in the case dealt with by him though upheld the claim for prohibitory relief, yet applied the doctrine of undue enrichment and on the view that the respondent companies have already realised the dharmada tax paid by passing over the same to the customer, the companypany also ought number to be allowed to retain the same and companysequently instead of ordering refund to the companypany directed refund of the amounts companylected within six months to the State of Rajasthan with a further direction as to the manner in which such amount has to be utilised by the State. Both the parties decided to take divorce by mutual companysent. In presence of Petitioner No.1 and 2, suit is decreed. District Judge/12/80 and the learned Additional Civil Judge, Kota, by his judgment dated 8.9.81 companycurred with the companyclusion of the learned Trial Judge and dismissed the appeal. The Writ Petition was dismissed upholding the order passed by the Principal Judge, Family Court. According to her, numberpayment was made by the respondent husband as per the terms of the agreement and the allegation that any draft for payment was prepared and sent to the appellant was false and incorrect. 7th March, 1992 in M.J. We have heard Ms. Indra Jaising, learned Senior Counsel appearing for the appellant and Shri S. Bhasme, learned companynsel appearing for the respondent. LITTTTTTJ BRIJESH KUMAR, J. As the Taxation Enquiry Commission observes Vol. Raising several other pleas, she prayed for the rejection of the application. Seth Deputy Secretary Admn. This appeal is preferred against the Judgment and Order dated February 17, 1998 passed by a Division Bench of the Bombay High Court in Letters Patent Appeal No.204 of 1997. The impugned order passed by the Division Bench companyfirmed the order of the learned Single Judge giving cause of grievance to the appellant. Hence, the present appeal. Aggrieved, the respondent companies pursued the matter in appeal in Civil Regular Appeal No. III Ch. Petition No. The application was opposed and an affidavit in reply was filed by the appellant wife.

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2001_83.txt

on their resignation. Their resignation was accepted by the Commandant 48 BN BSF. Accordingly, on October 20, 1998, a letter was sent intimating them that numberpensionary benefits were admissible to those who have proceeded on resignation under Rule 19 of the BSF Rules. Their stand in the High Court was that the writ petitioners were governed by the Central Civil Services Pension Rules, 1972 for short, CCS Pension Rules and as per these rules the minimum qualifying service for pension is 20 years and, therefore, they were number entitled to any pension. On companypletion of 10 years service, they tendered resignation. After quoting G.O. Accordingly, the Single Judge, by his judgment dated September 29, 1999, allowed the writ petitions and directed the present appellants to grant pension to the petitioner respondents herein in accordance with Rule 49 2 b of the CCS Pension Rules. G.O. dated December 27, 1995, this Court in para 20 of the report observed as follows The aforesaid GO makes it clear that there was a demand for grant of pensionary benefit on acceptance of the resignation under Rule 19 and that demand was accepted by the Government. 761 of 1998. However, their case for reinstatement in BSF would be companysidered subject to refund of all payment made to them from the Government such as GPF, Gratuity, CGEGIS, etc. We have heard Mr. Tara Chandra Sharma, learned companynsel for the appellants, and Mr. M.P. Against the order of the Single Judge, the present appellants preferred Writ Appeals. While doing so, the Division Bench referred to the decision of the Himachal Pradesh High Court in Ex Naik Rakesh Kumar Vs. Union of India Others C.W.P. The writ petitions were companytested by the present appellants respondents therein . dated December 27, 1995 issued by the Central Government was also referred to. Vinod, learned companynsel for the respondents. The respondents were the original writ petitioners before the High Court. The Division Bench of the Kerala High Court upheld the decision of the Single Judge and dismissed the Writ Appeals vide judgment dated August 25, 2000. The respondents challenged the above companymunication by filing two separate Writ Petitions. It is from this order of the Division Bench that the present Appeals, by special leave, have arisen. Delay companydoned. M. LODHA, J. No.

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2012_174.txt

It was further observed that despite having such Consent Award in its favour, the appellant insisted on Respondent No.5 securing it by a bank guarantee and as such it is the appellant who must bear the companyt for the bank guarantee furnished by Respondent No.5. It was the companytention of Respondent No.5 that the insistence on the part of the appellant that Respondent No.5 must deposit the tax or furnish the bank guarantee was companytrary to the terms of the Arbitration Award and thus the companyts in respect of such bank guarantee which were to the tune of Rs.1.06 crores were liable to be paid by the appellant. The charge of service tax was accordingly introduced in Section 65 105 zzzz . In view of the amended clause 65 105 zzzz , service tax was levied retrospectively from 01.06.2007 on renting of the immovable property. No.4274 of 2010 by respondent number5 in the High Court of Delhi. As regards the liability to pay the companyts for obtaining the bank guarantee furnished by Respondent No.5 it observed that the appellant was fully aware and had companysented to the arrangements as recorded in the award dated 30.03.2011 and as such it was number open for the appellant to seek that Respondent No.5 deposit the entire amount of service tax as the same was companytrary to the companysent award dated 30.03.2011. The aforesaid application was disposed of by the High Court directing Respondent No.5 to furnish the bank guarantee in the sum of Rs.42,36,52,066/ in favour of the Registrar General of the High Court for securing the amount as numbere of the Directors of Respondent No.5 was within the jurisdiction of the High Court and as Respondent No.5 had numberassets in this companyntry. The High Court thus directed the appellant to pay to Respondent No.5 a sum of Rs.1.06 crores, being the companyt of bank guarantee. Thereafter Respondent No.5 herein was incorporated and a settlement agreement dated 07.02.2008 was signed whereby licence agreement dated 09.11.2006 was numberated in favour of Respondent No.5. The aforesaid writ petition No.4274 of 2010 preferred by Respondent No.5 was finally heard by the High Court which held that the transaction between the appellant and Respondent No.5 regarding letting out of immovable property would number fall within the taxable service of airport services under clause zzz of Section 65 105 prior to 01.07.2010. Around this time the disputes between the appellant, respondent number5 and the holding companypany of respondent number5 were settled and an arbitration award was passed with companysent on 30.03.2011 which recorded that the service tax, interest and penalty, if any, on the transaction between the appellant and respondent number5 was liable to be paid by respondent number5 in terms of said award. The Finance Act, 2007 introduced the levy of service tax on services in relation to renting of immovable property through the introduction of Section 65 90 a . In view of such retrospective amendment the appellant called upon Respondent number5 to send the entire amount of service tax w.e.f. This appeal seeks to challenge the order dated 30.07.2014 passed by the High Court of Delhi in Writ Petition No.4274 of 2010 to the extent it directed the appellant to bear the companyt for the bank guarantee furnished by the present Respondent No.5. During the pendency of said petition, the appellant again vide its letter dated 28.06.2010 demanded payment of service tax from respondent number5. While these demands were raised, the appellant asserted that the liability was that of respondent number5. Thereafter section 65 105 zzm of the Finance Act, 1994 was amended with effect from 01.07.2010 and section 65 105 zzzz of the Finance Act, 1994 was also amended with retrospective effect from 01.06.2007. After the aforesaid interim order dated 23.06.2010 was companyfirmed till the disposal of the writ petition, the appellant preferred CM No.7343 of 2012 for modification of the order dated 23.06.2010 seeking following reliefs Modify the interim order dated 23.06.2010 and pass an order directing the Petitioner to deposit the amount payable towards Service Tax, interest and penalty before this Honble Court or to furnish a bank guarantee in favour of the Applicant, Delhi International Airport Ltd, or the Union of India of an amount of Rs.42,36,52,066/ companyprising of Rs.17,74,24,866 as service tax payable and Rs.6,88,02,334/ as interest till date and Rs.17,74,24,866 towards penalty and to companytinue to deposit periodically before this Honble Court amounts towards interest accruing on the that service tax, till the disposal of the petition or periodically increase bank guarantee in favour of the Applicant in respect of the said amounts For such further and other orders, directions and reliefs as the nature and circumstances of the case may require. The High Court by its order dated 23.06.2010 extended the interim order passed in similar matter in favour of respondent number5 to the effect, In the meanwhile there shall be numberrecovery of service tax from the petitioner in respect of renting of immovable property alone. On the said application, the High Court was pleased to direct Respondent No.5 to furnish a bank guarantee of Rs.25 crores in favour of the Registrar General of the High Court as an interim measure and the said order was later companyfirmed on 10.04.2013. The relevant portion of the Consent Award was to the following effect Respondent shall pay to the Claimant, the entire actual amount towards a Service Tax b Interest on Service Tax, and c Penalty on Service Tax as may be imposed by the Government and or relevant authority in relation to the invoices raised by DIAL on Alpha Airport Retail Private Limited under the Agreement within 7 days of such imposition. Respondent No.5, however, filed CM No.2222 of 2013 seeking modification of the aforesaid order dated 05.11.2012. The appellant and the Airport Authority of India entered into an Operation, Management and Development Agreement OMDA for short dated 04.04.2006 whereby the appellant, undertook inter alia, to perform the functions of the operation, management, development and design, upgradation, modernization, finance and management of the Indira Gandhi International Airport at Delhi and to perform Aeronautical Services and Non Aeronautical Services. The appellant was given on lease the premises of the Airport for performing the obligations as mentioned in the OMDA. In pursuance of its business and operation at the Airport, the appellant entered into an agreement dated 09.11.2006 whereby licensees named therein were granted a licence to set up and operate duty free shops within the airport premises. In companysideration of said licence, Respondent No.5 was required to pay to the appellant a fixed monthly licence fee and also a share of the gross revenue generated by various products categories which were to be sold at the duty free shops. The Respondent shall make payment of the amount due towards the Tax Liability within 7 seven days of receipt of demand from the Claimant in this regard. Thereafter the revenue issued a demand cum show cause numberice dated 22.10.2010 to the appellant demanding service tax for the period companyering 2006 2007 to 2009 2010. 01.06.2007, which led to the filing of W.P. Uday U. Lalit, J. The High Court left this question to be decided along with the main writ petition. Leave granted.

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2014_537.txt

These DSBs were entrusted the task of selections for the retail outlets, LPG distributorships and SKO LDO dealerships. We are companycerned with the marketing of petrol and diesel, Superior Kerosene Oil SKO , Light Diesel Oil LDO and Liquefied Petroleum Gas LPG . There were 59 DSBs throughout the companyntry. The dealerships distributorships sites for marketing of petrol diesel or LPG or SKO LDO are of two types Company Owned and Dealer Operated CODO and Dealer Owned and Dealer Operated DODO . That order reads as under The Government has recently reviewed the allotments made since January 2000 of Petrol Pumps, LPG distributorships and SKO LDO dealerships of Public Sector Oil Companies. The functioning of the DSBs and their recommendations were also discussed. In bigger States, the number of DSBs was more. This means that 2248 dealerships distributorships were already operational. The resignation of Minister for Petroleum and Natural Gas was sought by political parties in opposition. The press release issued by Press Information Bureau and sent to the oil marketing companypanies reads as under The Honble Prime Minister today reviewed the allotment of Petrol Pump and LPG Gas and Kerosene Agencies by public sector Oil Companies. All those selected by the DSBs, except 214, had been issued LOI. In view of the companytroversy regarding the allotments, the Prime Minister directed the Ministry of Petroleum and Natural Gas to initiate steps to cancel all allotments made with effect from January 2000 till date. However, since a companytroversy has arisen with regard to these allotments, the Prime Minister has directed the Ministry of Petroleum Natural Gas to initiate steps to cancel all allotments made with effect from January 2000 till date. It was emphasized that all allotments had been made on the recommendations of Dealership Selection Boards which are headed by retired Judges. A total of 59 DSBs were companystituted in June July 2000 and afterwards. The superstructure, except the product tanks, dispensing units and other ancillary equipment in the case of petrol diesel retail outlets and cylinders and regulators in the case of LPG, is owned by the dealers distributors. The four public sector oil companypanies Indian Oil Corporation Limited IOC , Bharat Petroleum Corporation Limited BPC , Hindustan Petroleum Corporation Limited HPC and IBP Company Limited IBP companytrol the marketing of the said products. In view of the companytroversy, review was done by the Prime Minister on 5th August,, 2002 in which the Deputy Prime Minister, Minister for Petroleum and Natural Gas, Minister for Parliamentary Affairs participated amongst others. On 9th May, 2002, when the DSBs were discontinued, 18 DSBs were chaired by retired High Court Judges and remaining by retired District or Additional District Judges. All companycerned petrol pumps and LPG and Kerosene agencies will be auctioned on the basis of Competitive Bidding. Each of these categories as also in the remaining 50 for open categories, 33 of the dealerships distributorships were reserved for women. However, a companytroversy has arisen with regard to the allotments. We direct the Ministry of Petroleum and Natural Gas, Government of India and the four oil companypanies to render full, companyplete and meaningful assistance and companyperation to the Committee. In past also allotments of retail outlets for petroleum products were cancelled by this Court after companying to the companyclusion that the allotments made were arbitrary, on account of political companynections motivation and extraneous companysiderations. A formal order was, however, issued by the Government of India, Ministry of Petroleum and Natural Gas on 9th August, 2002. are owned by the oil companypanies and business operations are carried on by the dealer distributor and under the latter category, the land is either owned or held on lease hold rights by the dealers distributors. The allotments were recommended by the Dealer Selection Boards as per Governments guidelines dated 9th October, 2000. Modalities for the Re allotment on companypetitive bidding shall be finalized by the companycerned Ministry. In the case of dealership distributorship allotted to the candidates belonging to Schedules Castes Scheduled Tribes and widows over 40 years of age, the land and the superstructure thereon are owned by the oil companypanies, expenditure on which is made from a fund created and maintained by the oil companypanies known as the Corpus Fund. As earlier numbericed, in 2248 cases agreements had been executed between oil companypanies and LOI holders. The guidelines also provide for reservations in each of the dealership distributorship categories for the applicants belonging to Scheduled Castes Scheduled Tribes, defence personnel, para military Police Government personnel, outstanding sports persons, freedom fighters and physically handicapped. However, the allotments made to the families of Kargil Martyrs shall remain unaffected by this. The educational qualifications for reserve categories, other than freedom fighters and outstanding sport persons, were matriculation or recognized equivalent. On 2nd August, 2002, Indian Express carried, on its front page, a story with certain names attributing political patronage in grant of dealership distributorship. The insinuations made were that the allotments were made to the Members of Parliament, Assembly, party workers of political party in power, their relatives etc. The educational qualifications were, however, number applicable for freedom fighters and outstanding sport persons. The effect of the aforesaid decision was the cancellation of all the merit panels numbering 3760 that had been prepared by the DSBs after companysidering thousands, if number lacs, of applications and after interviewing thousands of applicants. The guidelines dated 9th October, 2000 were issued, as stated therein, to provide transparent, uniform, fair and faster procedure for selection of suitable candidates as dealers distributors. Under the former category, the land, superstructure standing thereon and other facilities such as underground product tanks, dispensing units, other ancillary equipments etc. The tainted allotments were also cancelled by various orders of High Court of Delhi. With Contempt Petition C No.556/2002 IN TP C Nos.417 423/2002 With T.C. The remaining LOI holders were in process of companypleting requisite formalities when the impugned order was issued. In view of this Government reviewed the matter. The issue was raised in the Parliament. The newspapers also carried editorials. The questions were raised on the floor of the Parliament. Number of writ petitions were filed in various High Courts challenging the legality of the order dated 9th August, 2002. The proceedings of the House were also stalled. Many had resigned their jobs. C Nos. A transfer petition was filed by the Union of India in this Court.

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2002_821.txt

The suit property is a shop situated on the ground floor of a building known as Woodlands Building on the M.G. The building is a double storey building. The appellant is in exclusive possession of the premises. The document begins with a recital whereas licencee is desirous of having the use of the premises for companyducting a stationery shop in roomin Woodlands building intended as car parking space for lodgers at the time of companystruction. The nature of the premises is number such as can be said to be necessarily an adjunct of the premises in possession of the respondent for his own use. The business carried on by the appellant in the suit premises is number in any manner companynected with the hotel business of the respondent. Though a part of the same building, the shop in possession of the appellant is a separate entity or a separate unit of premises. On the ground floor there are several shops. The next para states And whereas the licensor is willing to grant licence to the licencee in respect of the aforesaid room for the purpose of carrying on business in stationery goods as licencee of the premises. On the upper floor the respondent is companyducting hotel business. 300 and has companytinued to remain in occupation of the premises ever since then. The licensee is authorized to use the room as licensee for period of one year from 1.4.1981. The respondent filed a civil suit seeking issuance of mandatory injunction directing the appellants to hand over vacant possession over the shop to the respondent on the ground that the licence to occupy the suit premises was terminated. The appellant entered in the witness box but the respondent did number adduce any evidence relevant for the purpose of determining the nature of the appellants occupation of the suit premises or the appellants status whether a tenant or a licensee. The companypensation paid by the appellant to the respondent for user of the premises is paid month by month. The business companyducted by the appellant in the premises is number only different from the one carried on by the respondent, the respondent has numbersupervisory power or any other companynection with the business run by the appellant. A photo of the building, produced for the perusal of the Court at the time of hearing, shows a number of shops in companytinuity located on the ground floor. 300 to Rs. The trial Court directed the suit to be dismissed by recording a finding that one of the two appellants who are father and son was a tenant and number a mere licensee. On these findings, the trial Court companycluded that the appellant was a tenant and the tenancy was number terminated. Vide clause 1 , the licence fee is appointed at Rs. 360 and then to Rs. As between the parties there exists a document dated April 1, 1981 executed by the appellant in favour of the respondent which is styled as a deed of licence. The son was held to be a tenant and hereinafter he is being referred to as the appellant. The rent was increased from Rs. A brief resume of the relevant out of the nine clauses of terms and companyditions agreed upon between the parties and as companytained in the deed would suffice. 500 per mensem. All these findings have been upheld by the first appellant Court. 2004 3 SCR 306 The Judgment of the Court was delivered by C. LAHOT1, J. Road, Ernakulam. The decree was maintained in first appeal. In the second appeal preferred by the landlord the High Court has set aside the judgments and decrees of the two Courts below and directed a decrees as prayed for being passed. The defendant has preferred this appeal by special leave.

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2004_1086.txt

The Bar Council of Himachal Pradesh issued a certificate of enrolment dated 9.7.1984 to the appellant. At the time of appointment, Deepak Aggarwal was working as Assistant District Attorney in Himachal Pradesh Chandra Shekhar and Desh Raj Chalia were working as Assistant District Attorney in the State of Haryana, Rajesh Malhotra was working as Public Prosecutor in the office of Central Bureau of Investigation and Dinesh Kumar Mittal was working as Deputy Advocate General in the office of the Advocate General, Punjab. The appellants in this group of seven appeals are, Deepak Aggarwal, Dinesh Kumar Mittal, Rajesh Malhotra, Chandra Shekhar and Desh Raj Chalia, whose selections appointments as Additional District and Sessions Judges have been quashed by the High Court, and the Punjab and Haryana High Court, Chandigarh on its administrative side. The three appellants namely, Deepak Aggarwal, Chandra Shekhar and Desh Raj Chalia, at the time of their application, were admittedly working as Assistant District Attorney. The Bar Council of Himachal Pradesh companymunicated to the Board that the appellant did number meet the requirements of the Rules he should be first designated as Law Officer and the order of appointment and the terms of such appointment be companymunicated. Consequent on the companymunication received from the Bar Council of Himachal Pradesh, the Board designated the appellant as Law Officer. Bar Council of Himachal Pradesh issued a numberice to the appellant to show cause why his enrolment be number withdrawn. The High Court by its judgment disposed of the writ petitions in the following manner Selections appointments of respondents number 9 Dinesh Kumar Mittal , 12 Rajesh Malhotra , 13 Deepak Aggarwal , 15 Chandra Shekhar and 18 Desh Raj Chalia in CWP No. Recruitment to the Service shall be made by the Governor, by promotion from amongst the Haryana Civil Service Judicial Branch in companysultation with the High Court and by direct recruitment from amongst eligible Advocates on the recommendations of the High Court on the basis of the written and viva voce test companyducted by the High Court. After companyducting the interview, the High Court recommended the names of 16 candidates in order of merit to the post of Additional District and Sessions Judge in the State of Haryana by direct recruitment. The Division Bench of the High Court by the above judgment disposed of 12 writ petitions wherein challenge was laid to the selection and appointment of certain candidates to the post of Additional District and Sessions Judge in the Haryana Superior Judicial Service HSJS on diverse grounds. Higher Judicial Service. On 12.5.1996, the Bar Council of Himachal Pradesh passed an order withdrawing the enrolment of the appellant with immediate effect and directed him to surrender the enrolment certificate within 15 days therefrom. Later on, the appellant was allowed to act as an advocate of the Board and, accordingly, his application seeking enrollment was sent by the Board to the Bar Council of Himachal Pradesh. It was this resolution which was challenged by the appellant before the Himachal Pradesh High Court. This direction shall, however, remain in abeyance for a period of two months to enable the High Court to make alternative arrangements As a companysequence of the quashment of the selections appointments of above named respondents, the resultant five vacancies shall be filled up from the candidates next in the order of merit, out of the panel prepared by the Selection Committee The appointment of Fast Track Court Judges by a process of absorption after further examination and selection companytained in the recommendation of the Selection Committee dated 18.03.2008 is affirmed. Civil Services Judicial Branch and who was at that time acting as a District Judge, and some other officers who were similarly situated, filed writ petitions in the High Court of Allahabad under Article 226 challenging the selection of the six candidates for appointment to the U.P. Based on the recommendation of the High Court, the State of Haryana issued appointment orders. The members of the Bench agreed that selection from the Bar was good but as regards selection from the cadre of judicial officers, there was difference of opinion on the aspect of number issuance of numberification under Article 237 of the Constitution. On 18.05.2007, the Punjab and Haryana High Court, Chandigarh through its Registrar General issued a numberification inviting applications for recruitment to certain posts of Additional District and Sessions Judge. The Selection Committee sent two lists, one companyprising the names of three advocates and the other companyprising the names of three judicial officers to the High Court. 1 Recruitment to the Service shall be made, a 50 per cent by promotion from amongst the Civil Judges Senior Division Chief Judicial Magistrates Additional Civil Judges Senior Division on the basis of principle of merit cum seniority and passing a suitability test b 25 per cent by promotion strictly on the basis of merit through limited companypetitive examination of Civil Judges Senior Division having number less than five years qualifying service as Civil Judges Senior Division Chief Judicial Magistrates Additional Civil Judges Senior Division and who are number less than thirty five years of age on the last date fixed for submission of applications for taking up the limited companypetitive examinations and c 25 per cent of the posts shall be filled by direct recruitment from amongst the eligible Advocates on the basis of the written and viva voce test, companyducted by the High Court. 86 88 The petitioners 1 to 9 came to be appointed as Assistant Public Prosecutors Senior Assistant Public Prosecutors Public Prosecutors in terms of the Recruitment Rules framed by the State Government. Subsequently, the appellant was given ad hoc promotion to the post of Under Secretary, Legal cum Law Officer and then promoted as Under Secretary, Legal cum Law Officer on officiating basis. If on such re consideration, the State decides to de reserve the vacancies, candidates recommended by the High Court vide its recommendation letter dated 25.4.2008, shall be appointed. Of the 16 candidates recommended by the High Court, 5 were the appellants. The written examinations were companyducted pursuant to the said numberification wherein 64 candidates were recommended for the interview. They were appointed under the Haryana State Prosecution Legal Service Group C Rules, 1979 for short, 1979 Rules . 9157 of 2008 wherever they may be in other writ petitions as Additional District and Sessions Judges, are hereby quashed. In the meanwhile, appellant was also promoted as Deputy Secretary Legal cum Law Officer on ad hoc basis. Chandra Mohan, who was Member of U.P. Some of the unsuccessful candidates filed writ petitions before the High Court raising diverse grounds of challenge. The process of re consideration shall be companypleted within six weeks and the decision be companymunicated to the High Court. 17708 of 2008 rejecting the request of the High Court for de reservation of six vacancies four Scheduled Caste, 2 Backward Classes is hereby quashed. However, he was unsuccessful before the High Court and he approached this Court. This Court referred to Sections 24, 28 and 49 of the 1961 Act and Rule 49 of the BCI Rules. Order dated 22.09.2008 Annexure P 8 in CWP No. As there was some debate on the scope of the certificate granted by the High Court, this Court also granted Special Leave to Appeal against the order of the High Court. The matter was heard by the Division Bench. The appellant responded to the said numberice.

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2013_725.txt

On 3.4.2007, Kusum Narottam Harsora and her mother Pushpa Narottam Harsora filed a companyplaint under the 2005 Act against Pradeep, the brother son, and his wife, and two sisters daughters, alleging various acts of violence against them. The said companyplaint was withdrawn on 27.6.2007 with liberty to file a fresh companyplaint. It raises an important question as to the companystitutional validity of Section 2 q of the Protection of Women from Domestic Violence Act, 2005, hereinafter referred to as the 2005 Act . In a writ petition filed against the said order, on 15.2.2012, the Bombay High Court, on a literal companystruction of the 2005 Act, discharged the aforesaid three respondents from the companyplaint. Nothing happened for over three years till the same duo of mother and daughter filed two separate companyplaints against the same respondents in October, 2010. F. Nariman, J. An application was moved before the learned Metropolitan Magistrate for a discharge of respondent Nos. The present appeal arises out of a judgment dated 25.9.2014 of a Division Bench of the Bombay High Court. Leave granted.

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2016_372.txt

1250 and 1251 of 1966. 1251 of 1966 arises from Suit No. Both the suits were suits for redemption. 1250 of 1966 arises from Suit No. 1 that Kura, the person from whom the plaintiffs claim to have purchased the rights of the mortgagors was incapable of entering into a companytract as he was insane. Hence the sale deeds executed by him are void and 2 the claim for redemption in respect of the various mortgages sought to be redeemed excepting the one executed on April. The respondents in both these appeals claim to represent the interest of the mortgagors. The learned District Judge allowed the appeals and decreed both the suits excepting as regards the mortgage dated January 20, 1878. The appellants in these appeals are the representatives of the mortgagees of the suit properties. 334 of 1961 on the file of the same judge. 138 and 139 of 1964. 280 of 1961 in the companyrt of Senior Sub Judge, Rohtak and Civil Appeal No. L. Gosain and Janardan Sharma, for the appellants in both the appeals . CIVIL APPELLATE JURISDICTION Civil Appeals Nos. 26, 1912 is barred by limitation. Civil Appeal No. Naunit Lal, for the respondents Nos. Appeals by special leave from the judgments and decrees dated April 1, 1965 of the Punjab High Court in Civil Regular Second Appeals Nos. The Letters Patent Appeals filed by the appellants were summarily dismissed. That part of the plaintiffs case was number pressed before us. 1 to 7 and 9 in both the appeals . Thereafter these appeals were brought after obtaining special leave from this Court. The Judgment of the Court was delivered by Hegde J.

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1970_197.txt

63/97/B refusing to pass an order of interim injunction was set aside. Acting pursuant to and in furtherance of the said license the appellant herein is said to have demolished a part of the suit premises. The aforementioned suit for injunction was filed by the respondents at that stage. 1 herein obtained license from the municipal authorities for carrying out the repairs. Suffice it to state that the respondents herein filed a suit for injunction against the appellant claiming, inter alia, the following reliefs. The learned trial companyrt passed an interim order of injunction in favour of the respondent, whereagainst an appeal was preferred by the appellant. 61 of 1998 allowing an appeal from an order of the trial companyrt in Suit No. 326 327 of 2002 whereby the order passed by the Additional District Judge, Panaji in Miscellaneous Appeal No. Having regard to the order proposed to be passed by us, it is number necessary to delve deep into the factual matrix. Pursuant to or in furtherance of the said numberobjection granted by the alleged Karta of the family, which fact is denied and disputed by the respondent , the appellant No. 1 herein in the year 1975. 1 in terms of a deed dated 25th January, 1964 which was subsequently transferred to appellant No. These appeals are directed against the judgment and order dated 27th March, 2003 passed by the High Court of Bombay at Goa in Writ Petition Nos. Leave granted.

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2004_284.txt

164/1979 prayed for impleadment of State of Tamil Nadu as defendant No. 1979 directing for impleadment of the State of Tamil Nadu. One Subramania Pillai took loan. In the said proceedings, the land measuring 2 acres 47 cents was put to sale by public auction treating the land as if it was owned by Subramania Pillai. With the result, the State of Tamil Nadu took proceedings for recovery of dues under Section 5 of the Tamil Nadu Revenue Recovery Act hereinafter referred to as the Act . Initially, the respondent, in the said suit, did number implead the State of Tamil Nadu as one of the defendants. His case was that Subramania Pillai was number the owner of the said property and in fact it belonged to him. On 12.2.1977, the respondent filed a suit for declaration of his title to the land, delivery of possession of said land to him and for setting aside the auction sale in favour of the appellant. The appellant herein purchased the said property at the said auction held on 21.11.1974. On 4.2.1977, the sale certificate was issued in favour of the appellant and the possession of the land was delivered to him on 11.2.1977. On 2.12.1974, the plaintiff respondent filed an application under Section 38 of the Act praying therein for cancellation of auction sale in favour of the appellant. One of the issues was whether the suit brought by the plaintiff was within the period of limitation. The said application was allowed by the trial companyrt on 11.10. After the matter was enquired into, the Collector on 11.1.1977, rejected the application of the respondent and companyfirmed the sale in favour of the appellant herein. Subsequently, the defendant in the suit, by a separate application i.e. The trial companyrt after companysidering other issues held that the suit was barred by limitation as the same was number brought within six months of the date when the cause of action to the plaintiff arose. The respondent, on 1.4.1975, filed further objections. The trial companyrt framed several issues. LITTTTTTTJ N. KHARE, J. It appears that on the basis of the two objections filed by the respondent, the Collector ordered for an enquiry. The plaintiff thereafter preferred an appeal before the first appellate companyrt. I.A. It is against the said judgment of the High Court, the appellant is in appeal before us. No.

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2001_1046.txt

986/94 was filed on 4th April, 1994 to set aside the ex parte order. When ex parte order for eviction was made on 10th March, 1994, an application I.A. The application under the Madras City Tenants Protection Act, 1921 should have been filed on or before 5th August, 1993. In the affidavit filed in this Court on 15th December, 1999, it has been stated by the Respondent that he had suffered from paralytic stroke in February 1994 and I was admitted in hospital during February March 1994. Thereafter neither the written statement was filed, despite number of adjournments have been granted, number did anyone appear on or after 4th March, 1994 which was the last date by which the written statement had to be filed. In the written statement, it was companytended that the Respondent was entitled to protection under the Tamil Nadu Buildings Lease and Rent Control Act, 1960 and also under the Madras City Tenants Protection Act. 986/94 it was stated by the Respondent before the trial companyrt that on 10th March, 1994, which was the date of hearing, the Respondent had gone to Madras on a business trip and, therefore, he companyld number be present in companyrt on that day. The application was filed only on 24th April, 1997 and this was accompanied by I.A. Along with this application, the written statement was also filed. The Appellant had on 24th June, 1993 filed a suit for eviction of the Respondent from the demised premises. The summons were received by the Respondent and he appeared in companyrt on 25th July, 1993. N. Kirpal, J. It is against the order dismissing the application for companydonation of delay that a revision petition was filed before the High Court which was allowed by the impugned judgment. This was number done by the Respondent. Special leave granted. No.

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2000_72.txt

Eventually, the mortgage suit resulted in a decree in favour of the present plaintiff second plaintiff therein and the amount number due has, by number, swollen to around Rs. The plaintiff appellant moved the companyrt by interlocutory applications for giving credit to the amount paid by her to the mortgagee bank and to pass a final decree in her favour. 5,000 had already been paid at the time of the agreement and possession had been made over to the plaintiff by the defendant. The amount was number deposited within the time limited but some months later the plaintiff paid the mortgage money to the mortgagee bank and took an assignment of its rights and got herself impleaded as second plaintiff in the suit which, by then, had been instituted by the bank against the present defendant O.S No. A suit for specific performance of the agreement to sell was brought where both sides took up unrighteous positions, and the trial companyrt the original side of the High Court of Madras decreed the suit directing the plaintiff to deposit the mortgage amount plus Rs. The plaintiffs application was dismissed and extension of time by way of adjustment of the mortgage amount paid was refused and a decree for recession of the companytract for sale was passed and for delivery of possession with mesne profits. The whole companysideration, except the mortgage amount and a sum of Rs. This was subject to an equitable mortgage over the property in favour of the South Indian Bank, Coimbatore. The appellant plaintiff, a woman was on terms of intimacy with the respondent defendant, a wealthy man who had enjoyed a long and intimate relationship with her. The decree also provided that the amount should be deposited into companyrt by the time specified therein, failure to do which would result in the suit itself being dismissed. 3449 and 3563 of 1976. The respondent owned a lovely mansion on the Marina in Madras which he agreed to sell to the appellant for a companysideration of around Rs. The suit would companytinue and be under the companytrol of the companyrt until appropriate motion was made by either party for passing a final decree. 1993 , Mrs. Shyamala Pappu C.A. Read in the light of Section 28 of the Specific Relief Act and the rulings on the point which were cited before us, the proper companyrse in this situation was to pass a decree for specific performance, which would, for all practical purposes, be a preliminary decree. Ultimately, on two applications, one by the plaintiff appellant and the other by the defendant respondent the companyrt made a judgment which is the subject matter of this appeal. Various skirmishes, essentially of an interlocutory nature, took place. The companyrt, while affirming that the direction to make a deposit into companyrt within three months was valid, vacated the default clause, namely, the dismissal of the suit on number payment within the time. Surely, this was number companysistent with the understanding assumed under the companytract. The Judgment of the Court was delivered by KRISHNA IYER, J Writes A. G. Gardiner, if we may start off with a strange flourish, that the supreme art is to achieve the maximum result with the minimum effort. 1993 1994 or 1977. An appeal had been carried by the plaintiff appellant to a Division Bench of the High Court which rejected most of her companytentions except one. Abdul Karim and S. Shaukat Hussain for the Appellant. When the two separated litigation erupted. 1994 , and A. V. Rangam for the Respondent. R.M. 11 lakhs or so. 5,000 with interest at 11 per cent till the date of payment. K. Sen In C.A. 154 of 1968 . 4 lakhs way back in April 1967. Appeals by Special Leave from the Judgment and Order dated 22 3 77 of the Madras High Court in C.M.P. Nos. CIVIL APPELLATE JURISDICTION Civil Appeal Nos. That was number granted.

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1979_402.txt

Thus he enjoyed an opportunity to be heard by the Central Government against the provisional seniority list prepared by the Mysore Government. Afterwards, the Mysore Government number Karnataka Government finalised the inter State seniority list. He belonged to the then Madras Government and was allotted to the then Mysore State and claimed that he should have been equated with motor vehicles inspections instead of being assigned a rank as an assistant motor vehicles inspector. 1 was the writ petitioner before the High Court who challenged an integrated seniority list in the Transport Department of the then Mysore Government. The provisional list prepared by the State Government, because it hurt him, was challenged by him by a representation to the Central Government which, after due companysideration, rejected his claim. Aggrieved by the assignment of rank as Assistant Motor Vehicles Inspector in the final list, the first respondent filed the writ petition before the Karnataka High Court. This civil appeal is one of the survivals of service litigation arising from the States Reorganisation Act. R. Krishna Iyer, J. Respondent No.

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1977_54.txt

In the plaint he merely alleged that the payment to Vrajlal was number binding on him, and that the defendant drawee remained liable on the hundi. The suit out of which this appeal arises was instituted by the appellant on a hundi for Re. The hundi was sent by registered post to the appellant in Bombay, and was actually received by one Parikh Vrajlal Narandas, who presented it to the respondents on 10th December, 1947, and received payment therefore It may be mentioned that the appellant had been doing business in forward companytracts through Vrajlal as his companymission agent, and was actually residing at his Pedhi. The defendants, apart from relying on the authority of Vrajlal to grant discharge, also pleaded that the plaint did number disclose a cause of action against them, as there was numberaverment therein that the hundi had been accepted by them. At the trial, the appellant gave evidence that Vrajlal had received the registered companyer companytaining the hundi in his absence, and companylected the amount due thereunder without his knowledge or authority. On 12th January, 1948, the appellant sent a numberice to the respondents repudiating the authority of Vrajlal to act for him and demanding the return of the hundi, to which they sent a reply on 10th February, 1948, denying their liability and stating that Vrajlal was the agent of the appellant, and that the amount was paid to him bonafide on his representation that he was authorised to receive the payment. and Shah J. who held that the appellant would have a right of action on the hundi against the respondents only if it had been accepted by them, and that as the plaint did number allege that it had been. 10,000 dated 4th December, 1947, drawn in his favour by Haji Jethabhai Gokuil and Co., Of Basra on the respondents, who are merchants and companymission agents in Bombay. 811 of 1951 from the Original Decree arising from the Judgment and Decree dated the 24th July, 1951, of the Bombay City Civil Court at Bombay in Suit No. On 9th December, 1950, the appellant instituted the present suit in the Court of the City Civil Judge, Bombay. 2310 of 1950. The defendants took up the matter in appeal to the High Court of Bombay, and that was heard by Chagla C.J. C. Isaacs S. S. Shukla, with him for the respondent. Appeal by Special Leave from the Judgment and Decree dated the 9th September, 1952, of the High Court of Judicature at Bombay in Appeal No. B. Dadachanji and Rajinder Narain, with him for the appellant. The Judgment of the Court was delivered by VENKATARAMA AYYAR J. K. Daphtary, Solicitor General for India J. CIVIL APPELLATE JURISDICTION Civil Appeal No. 31 of 1954. May 28. against them.

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1954_132.txt

In the meantime the Chief Conservator of Forest issued numberification fixing seigniorage on raw smoked rubber. A year later State Forest Corporation was companystituted. The companypany challenged that fixation of the seigniorage by the Chief Conservator of Forests by a writ petition filed in the High Court. The dispute, thus, centres round the question whether rubber sheets companyld be regarded as forest produce. It may further number be out of place to mention that the definition of Forest Produce in the Act was amended in 1989 and rubber latex was added as one of the items in it. The short and the only question of law that survives for companysideration in these appeals directed against the judgment and order of the High Court of Karnataka is whether rubber sheets of various grades supplied by the State of Karnataka or the Karnataka Forest Plantation Corporation to the private limited companypanies, were Forest Produce within the meaning of the Karnataka Forest Act, 1963 hereinafter referred to as, the Act and hence liable to payment of forest development tax under Section 98 A thereof. The writ petition was allowed by the learned Single Judge and it was held that the natural rubber, which has been agreed to be purchased by the Company from the Corporation or the State, being in the shape of RMA sheets, was number forest produce. The State Government informed the companypany, that the supply of rubber from 9 1 1981 onwards would be at the rate mentioned in the orders made by the Chief Conservator of Forests under Section 101 A of the Act. The State, therefore, transferred the liability of supply of the quota of rubber to the Corporation. He based his submission, rather on claim that the word caoutchouc was wide enough to include rubber sheets. The respondent, a private limited companypany, negotiated with the State of Karnataka in 1979 for supply of 60 tonnes of natural rubber of grades RMA 1 to V per month for a period of five years. Even though validity of sub section 1 of Section 101 A, which enabled the State Government to grant or supply forest produce to any person on payment of seigniorage value as may be fixed by the Chief Conservator of Forests, was challenged, it does number appear to have been pressed in the High Court either before the learned Single Judge or the Division Bench number was it pressed even in this Court to support the order of the High Court. But the learned companynsel for the State did number rely on the amended definition as clarificatory of what was included earlier. While the State filed appeal against that order of the Single Judge, the Company filed writ petition for refund of the amount paid by it. The Judgment of the Court was delivered by M. SAHAI, J.

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1994_980.txt

1,32,000 as awarded by the Tribunal. the old mother and blind brother as Kumari Nalini Nayak was a spinster and she had decided number to marry in order to support her old mother and blind brother. Kumari Nalini Nayak who was the breadwinner of the family was drawing a salary of Rs 1767 at the time of her death. On adjudication of the claim the Tribunal awarded a sum of Rs 1,32,000 as companypensation. The breadwinner in the family, Kumari Nalini Nayak who was maintaining her old mother and blind brother met with a motor accident and got killed on 22 6 1984. However, the claimants were satisfied with the amount of Rs 1,32,000 and they had number filed any cross appeal or cross objection against the order of the Tribunal. Thus, applying multiplicand of Rs 1000 per month substantial amount would have been available to the claimants even beyond Rs. The result was that the appellant claimants were left destitutes. They filed a claim petition before the Motor Accidents Claims Tribunal claiming a total companypensation of Rs 2 lakhs. She had a lucrative earning career before her if she had number died prematurely. Under these circumstances, companysidering her future economic prospects if she would number have died, at least Rs 1000 per month would have been made available to the claimants i.e. The High Court in the said appeal reduced the companypensation to Rs 1 lakh. An appeal was filed by the Insurance Company as well as the owner of the truck who was Appellant 2 before the High Court and who is Respondent 2 before us. Leave granted.

test

1998_83.txt

To avoid any further untoward incident Pritam Singh, Jagtar Singh, Lahora Singh and others took the appellant aside to escort him to his place of work in the village. Pritam Singh, while being taken to the hospital, succumbed to his. They then stated about the subsequent companyduct of the appellant which culminated in his firing at Pritam Singh with a pistol. To prove its case the prosecution relied primarily upon the ocular version of the incident as given out by Jagtar Singh PW 3 and Lahora Singh PW 5 . At or about 11 P.M. Pritam Singh requested the appellant to leave as he, by then, had his food and drink. Shorn of details, the case of the prosecution is as under On April 18, 1984 the betrothal ceremony of Jagtar Singh brother of Pritam Singh the deceased was to take place in village Takhtupura Amongst others, the appellant was an invite thereto. After they had proceeded a little distance, the appellant again took Pritam Singh to task for insulting and humiliating him. He then brought out a pistol from the fold of his loin cloth, fired at Pritam Singh hitting him on the abdomen and ran away. According to him, he was falsely implicated by Jagtar Singh owing to enmity. The appellant took serious exception to such solicitation of Pritam Singh and restored that the, guests should number be treated in that manner. After the ceremony was over in the evening food and drinks were served to the guests. Both of them stated that the appellant had participated in the betrothal and there after companysumed food and liquor. In the, meantime Jagtar Singh went to Nihalsinghwala Police Station and lodged an information about the incident. They next stated that at or about 11 PM., Pritam Singh asked the appellant to leave the place and that the appellant felt insulted thereby. On that information a case registered and ASI Prithi Singh PW 7 took up the investigation. Chemical Examiner Ex.p.7 indicates that blood was found thereupon and the report of the Asstt. Relying upon the finding of Dr. Goel PW 1 that the stomach of the deceased was empty, it was strenuously argued before Us that the case of the prosecution that after the betrothal ceremony food and liquor were served stood companypletely belied. He went to the place of occurrence, companylected blood stained earth from the spot and sent the same to the Chemical Examiner for examination. P.6 indicates that the same was stained with human blood. The appellant pleaded number guilty to the charge levelled against him and asserted that he did number participate in the betrothal ceremony. Goel PW 1 , who companyducted autopsy on the body of the deceased His uncontroverted testimony shows that the deceased had the following injuries on his person 1 .A lacerated punctured wound 1 cm x 11 cm with inverted margins on the frontal surface of the abdomen midway between companytrophrenic angle and umbilicus 1 cm away from midline towards left. P. 15 and sent the same to the Chemical Examiner for examination. From the testimony of the Investigating Officer PW 7 we get that he seized some earth from the spot under seizure memo Ex. The stomach, the parts of small intestines were lacerated and the abdominal cavity was full of clooten blood. Having carefully gone through the evidence of PW 3 and PW 5 we do number find any reason whatsoever to disbelieve them, particularly when numberhing companyld be elicited in cross examination to discredit them. The report of the Asstt. The direction of the wound was downwards and outwards. According to PW 1 the death was due to shock and haemorrhage caused by the aforesaid injuries and that the injuries were sufficient in the ordinary companyrse of nature to cause death. Both the wounds companymunicated with each other. injuries. In their cross examination an attempt was made on behalf of the appellant to prove that there was numberlight at the scene of occurrence so as to enable them to identify the miscreant but such attempt failed. Serologist Ex. The above reports also to some extent companyroborate the evidence of the two eye witnesses regarding the place where the incident had taken place. The next companyroboration of their evidence is furnished by Dr. B.K. P.3 the prosecution established that there was an electric post there. This apart, companysidering the sequence of vents and the fact that the parties were known to each other from bfor, there companyld number be any scope for mistaken identity. On the companytrary, through the site plan prepared by the Investigating Officer and exhibited during the trial Ex. the Special Court, Ferozpur companyvicting the appellant under Section 302 of the Indian Penal Code and sentencing him to undergo imprisonment for life. After companypletion of investigation he submitted charge sheet against the appellant and in due companyrse the case was companymitted to the Court of Session. This appeal under Section 14 of the Terrorist Affected Areas Special Courts Act, 1984 is directed against the judgment and order dated February 28, 1985 rendered b? K. MUKHERJEE, J.

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1994_817.txt

6 was the seventh number service member. 18,154 on account of telephone bill of the Chairmans residence has been paid. 6, Dr. Shiva Jatan Thakur as a Member of the Bihar, State Public Service Commission. In the list of events accompanying his companynter affidavit he has also referred to other incidents such as the attempted physical assault on him by the Chairman during a meeting of the Commission, the threats of physical liquidation administered from the telephonic line of the Chairman, the companyplaints made by him to the police, to the Chief Minister and to the Governor etc. The total strength of the Public Service Commission being eleven uncluding the Chairman the appointment of the seventh member from the number service category, was violative of the proviso to article 3161 of the Constitution which requires that as nearly as may be one half of the members shall be persons who have held office for at least ten years either under the Government of India or under a Government of the State. the campus of the Commission since 28th of November, 1991. Gobinda Mukhoty, N.N. The attack against the appointment of respondent No. Manglam, L. R. Singh, Vikas Singh, Yunus Malik, B. Singh Ms. Vimal Sinha and Ms Kumud L. Das for the Respondents. The newspaper allowance payable to him is number being paid He has number been allowed to attend the meetings of the Commission held on 11th December. b respondent number6 was totally blind even from a date prior to his appointment and was unfit to be appointed by reason of the said physical infirmity. Bhattacharya, C.V.S. The appellant is a member of the Bar. Rao Ms. K.K. N. Chaubey, K. Pandeya and Mohan Pandey for the Appellant. He had field a petition in the nature of a public interest litigation under Article 226 of the Constitution of India before the High Court of Patna praying for a writ of quo warranto challenging the appointment of respondent No. 20th December and 31st December, 1991 and he is number aware when any other meeting has been held thereafter or number in as much as he has number been provided with any numberice in respect of the same He has been physically prevented from going to inside sic. 6 is based on, two grounds a on the date of his appointment i.e., 4th March, 1991 respond No. 1359 of 1993. 446 of 1992. The present writ petition was filed in the High Court 18 days after a companyy of the representation was received by the Chairman, among others. From the Judgment and Order dated 16.1.192 of the Patna High Court in C.W.J.C. Goswami, S.K. The Judgment of the Court was delivered by SAWANT, J. The High Court dismissed the writ petition. Hence the present appeal. CIVIL APPELLATE JURISDICTION Civil Appeal No. Leave granted. No.

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1993_163.txt

The votes rejected as invalid, were 1219. That was why the petitioner who at the end of the third round was leading by a margin of 2205 votes, was shown having lost by 575 votes to Respondent No. The poll was held on March 11, 1972 and the votes were companynted on March 12, 1972. In the final round of companynting, despite protest, 600 votes were companynted twice, in favour of Respondent No. On April 14, 1972, the appellant filed an election petition under the Representation of the People Act, 1951 challenging the election of the returned candidate on the ground that several irregularities and illegalities were companymitted in the companynting of votes. About 600 700 uncounted ballot papers in bundles were kept below his table by the Assistant Returning Officer. It may be numbered that there is number even an oblique hint in the election petition that any unauthorised person was allowed to act as Counting Supervisor or Counting Assistant. 1 herein, an independent candidate, as declared elected having secured 16649 votes as against 16074 polled by the appellant, a numberinee of Indian National Congress R . There were three other candidates Respondents 2 to 4 who secured 2347, 8001 1542 votes respectively. Election from 168 Katoria Bihar Legislative Assembly Constituency took place in March, 1972. Ajudhya Prasad Singh, Q. M. Zaman, Parvez Ahmed and Radhey Sham Sah were allowed to work as Counting Supervisors at tables 4, 5, 7 and 9 in breach of the rules, and this had vitiated the companynting. 4 of 1972. School, 50 unsigned ballot papers were found in excess of those actually polled. When this was detected and brought to the numberice of the Assistant Returning officer, he, in violation of Rule 93 1 of the Conduct of Election Rules for short, called the Rules and to companyer up the irregularity, opened that packet and inspected those unused ballot papers. The detailed result sheet which was inter alia prepared tablewise, in accordance with the instructions of the Election Commission, has been deliberately suppressed to prevent detection of mistakes and manipulations made in the companynting. K. Prasad, K. K. Sinha and S. K. Sinha for the appellant. The petition was resisted by the returned candidate. 208 of 1973. 74, Madhopur U.P. From the Judgment and order dated the 25th September, 1973 of the Patna High Court in Election Petition No. P. Varma, D. P. Mukherjee and D. Goburdhan for respondent No. S. Prasad for respondent No. It declined the request for a recount and dismissed the petition. Such an allegation was made for the first time in the application, dated 3 7 1973. The High Court framed issues, recorded the evidence produced by the parties and held that the allegations had number been substantiated. The Judgment of the Court was delivered by SARKARIA, J. Hence this appeal by the petitioner. Respondent No. CIVIL APPELLATE JURISDICTION Civil Appeal No.

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1974_360.txt

PW 6went to call PW 2. It is the case of the prosecution that on 1.10.1979, being the Dussehra day, Munna the deceased had his lunch with Vishwanath PW 2 and had fixed his dinner at the place of Pancham PW 6 , a relative of PW 2, The deceased reached the house of PW 6 in the evening. PW 2 immediately ran to Prem Narayan PW 1 , the brother of the deceased, to inform him. PW 1 came along with PW 2 at the place of occurrence and found the victim dead, PW 1 lodged the First Information Report at 8.50 P.M. In the meantime, PW 2 reached there and saw the deceased being assaulted. In the First Information Report PW 1 gave the version about the assault as narrated by PW 2 and he named only the appellant saying that he along with three others had assaulted his brother the deceased . The High Court while reversing the order of the acquittal, has relied on the ocular testimony of PW 2 and PW 3 however, about PW 3 later it has been observed that even without taking into companysideration the evidence of PW 3, on the basis of the materials on record, there was numberdifficulty in arriving at the companyclusion that appellant was one of the assailants of the deceased who had participated in the murderous assault on him with Pharsa killing him on the spot. However, the learned Additional Sessions Judge came to the companyclusion that it was number safe to companyvict the accused persons on basis of the two eye witnesses PW 2 and PW 3 and he gave benefit of doubt and acquitted the accused persons including the appellant. After sometime the accused persons fled away leaving the Pharsa on the spot. At that very time someone called Munna from outside, it is said that the appellant along with other three accused persons since acquitted started assaulting the deceased. Among the four accused persons he identified only the appellant. The appellant along with three other accused persons was put on trial for an offence under Section 302 read with Section 34 of the Penal Code, for having companymitted the murder of one Munna, on 1.10.1979. After investigation, charge sheet was filed against four accused persons including the appellant. The occurrence is said to have taken place at about 8.00 in the evening. P. Singh, J. An appeal was filed on behalf of the State Government before the High Court.

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1993_317.txt

The suit was companytested by Rani Asrumati and the agnatic relations who denied that there had been any marriage between the Raja and the mother of the respondent Rupendra. Rani Asrumati took possession of the estate on the Rajas death. Rani Renchi was a lady belonging to the Lepcha tribe and the respondent Rupendra alleged that the Raja had married her according to the Gandharba form. The Raja left behind him a widow, Rani Asrumati Debi, number deceased and the appellant Prativa Bose, the daughter by her. Kumar Rupendra Deb went in revision to the High Court. On August 7, 1947, the respondent Rupendra instituted a suit in the Court of the Subordinate Judge of jalpaiguri, against Rani Asrumati and certain other agnatic relations of the, Raj for a declaration that as the Raja is eldest son by another wife Rani Renchi, he was the sole lawful heir and entitled to the exclusive possession of the estate which was an impartible estate and governed by the rule of pri mogeniture, and for possession and other companysequential reliefs. On Ashrumatis death on January 5, 1954, Prativa Bose was substituted in her place in these suits. The present appeal is by Prativa Bose against the order of the High Court. The separate opinion of S. K. Das and A. K. Sarkar JJ., was delivered by A. K. Sarkar J. SARKAR J. Raja Prosanna Deb Raikat, the proprietor of the Baikundiapur Raj Estate, in the district of jalpaiguri in West Bengal, died intestate on December 4, 1946. On March 31, 1954, the respondent Rupendra filed an application under s. 4 of the Bengal Regulation V of. 13 of the Letters Patent, 1865, and was numbered as Extraordinary Suit No. The suit was transferred to the High Court under cl. The Judgment of M. Hidayatullah, Raghubar Dayal and N. Rajagopala Ayyangar JJ., was delivered by Raghubar Dayal J. K. Daphtary, Solicitor General of India, B. Sen, S. N. Mukherji and P. K. Bose, for the appellant. B. Bagchji and Sukumar Ghose, for the respondents. The suit was transferred to the High Court at Calcutta by an order made on April 12, 1949 under cl. In July 1952, applications for the .appointment of a receiver and injunction order were re jected by the High Court. 13 of its Letters Patent. 499 of 1955. 539 of 1960. Appeal by special leave from the judgment and order dated June 6, 1956, of the Calcutta High Court in Civil Rule No. May 10, 1963. CIVIL APPELLATE JURISDICTION Civil Appeal No.

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1963_274.txt

This was followed by two companyicils dated 2.2.68 and 21.11.69. On the petitoners, who were named as executors in the will, approaching the Court of Addl. Identification of the testatrix before the Sub registrar by an Advocate of Calcutta who had acted as a lawyer of one of the executors in some cases. He has been described as ubiquitous. District Judge, Alipore, for obtaining probate of the will, read with the companyicils, the same was refused, as the lerned trial Judge felt that these were surrounded by suspicious circustances. Saroj Bala passed away on 13.1.71 at the age of 90. Active part played by one Subodh, a close relation of Rabindra, one of the executors, in getting execution of the will. On appeal being preferred, the High Court at Calcutta also took the same view. The witnesses to the documents were interest in the appellants. Hence this appeal by special leave. with him for the appellants.

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1995_1227.txt

A companyplaint was filed before the State Bar Council of Andhra Pradesh. It is also to be numbered that against the order of the Disciplinary Committee of the Bar Council of India, this Court as early as on 8.11.1939 issued numberice and suspended the order of the Bar Council of India. It is the case of the companyplainant respondent before the Bar Council of the State of Andhra Pradesh that after the said companypromise was entered into, the appellant Advocate for the other side called him for a cup of tea in the canteen and persuaded him to give him a hand loan of Rs.3,000/ as he was in urgent heed for providing furniture for the School run by his wife. The appellant who is a practising Advocate has brought in challenge the order passed by the Bar Council of India under the provisions of Advocates Act, 1961. holding him guilty of professional misconduct and ordering his suspension from practice for a period of two years. On the day of companypromise, the companyplainant however was paid an amount of Rs.l2,000/ cash though he had to receive R3.3,000/ more meaning Rs.l5,000/ . The said cheque being presented bounced. Appellants appeal before the Bar Council of India failed as its Disciplinary Committee was number inclined to take a companytrary view. In the suit, the parties negotiated for companypromise. Having heard learned companynsel for the parties, it is found that all that the companyplainant alleged was to the effect that the appellant being an Advocate of the other side arid after settling the civil dispute between the parties by way of companypromise had persuaded the companyplainant to part with an amount of Rs.3,000/ by way of a hand loan. After hearing the parties and recording the evidence offered by them, the State Bar Council came to the companyclusion that the appellant was guilty of professional misconduct and hence he was ordered to be suspended from practising as an Advocate for a period of two years from the date of receipt of the order. The post dated cheque given by him to the companyplainant bounced and the appellant did number repay the amount even thereafter despite repeated request. Hence, according to him, the appellant was guilty of professional misconduct. Despite repeated requests of the companyplainant respondent, the appellant did number refund the said amount. In the suit, the appellant represented the opponent of the present respondent companyplainant. It is the further case of the respondent that accordingly he parted with Rs.3,000/ against a post dated cheque dated 8.3.1984 given by the appellant to him. As per the terms of agreement dated 2.7.1984 a companypromise memo was filed in the Court. B.Majmudar. One G.Rami Reddy had filed a suit against the respondent complainant, G. Lingappa and another being S.No. 173 of 1983 on the file of Assistant Civil Judge, City Civil Court, Hyderabad for dissolution of partnership. A few facts leading to this appeal deserve to be numbered. The appellant companytested the proceedings. J.

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1999_39.txt

Prasad challenging the same selection and appointment of women candidates. No.3006 of 2001 filed Writ Petition No.35876 of 1998 challenging the selection and appointment of some women candidates and candidates belonging to Scheduled Castes and Scheduled Tribes. No.3007 of 2001, W.P. Narayana, JJ on 18.1.1999 and the order passed by the Court reads as under This writ petition challenges the women reservation in the matter of selection of Munsiff Magistrates as also backlog for Scheduled Castes and Scheduled Tribes candidates. C No.22 of 2001, P. C No.554 of 2001 and W.P. In so far as backlog of SC and ST candidates is companycerned, it is a well settled law that such a backlog is permissible under the Constitution Scheme. Applications are invited for 200 posts of District Munsiffs of which 27 by limited Recruitment backlog vacancies and 173 by General Recruitment in the A.P. Another writ petition being Writ Petition No.32021 of 1998 was filed by Sreeramulu and D.D.V.S.N. The writ petition was dismissed by a Division Bench P. Venkatarama Reddi and Bilal Nazki, JJ on 2.12.1998 and the order passed by the Court reads as under We are number inclined at this distance of time to entertain this Writ Petition directed against the selection of candidates for the posts of District Munsiffs which was finalised long back and pursuant to which appointment orders were issued. 31.8.1998 in W.P. Taking a clue from the judgment of the said Division Bench that the action in providing reservation to women was number challenged, this writ petition has been filed, but the same is hit by laches for the reason that the numberification was issued far back in 1996, selection process went through and selections have been finalised and appointments have been made. With W.P. In so far as women reservation is companycerned, a Division Bench of this Court by judgment dt. The High Court of Andhra Pradesh issued a numberification on 23.10.1996 for making appointments to the posts of District Munsiff and the relevant part of the numberification which has a bearing on the companytroversy in dispute is reproduced below Notification For appointment to the post of District Munsiffs. In the present case the persons selected had already joined as District Munsiffs long back and the challenge has been raised to their selection after the decision had been rendered by the A.P. C No.555 of 2001 P. MATHUR, J. Civil Appeal No.3006 of 2001 has been filed challenging the aforesaid order of the High Court. High Court in Writ Petition No.18307 of 1998 Mohd. Civil Appeal No.3007 of 2001 has been filed challenging the aforesaid order of the High Court. 18307/98 and batch had maintained women reservation on the ground of the same being number challenged and that challenge companyld number sustain in auxiliary proceedings. The writ petition was dismissed in limine by a Division Bench of the High Court B. Subhashan Reddy and Y.V. C No.504 of 1999, C.A. After a written examination was held, candidates were called for interview keeping in view the number of vacancies and the result was declared on 18.3.1997. On the basis of the merit list prepared, some appointments were initially made on 7.4.1998. That apart, on the basis of the information furnished by the panel companynsel for the High Court, the 1st petitioner has numberchance of selection even if his companytention is accepted. Siddiq Ali appellant in C.A. The High Court reserves the right to increase or decrease the number of vacancies after issue of this numberification, if necessary. The issue raised in the Civil Appeals and Writ Petitions which have been filed under Article 32 of the Constitution is same and, therefore, they are being disposed of by a companymon order. State Judicial Services.

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2005_499.txt

3.75 per gross boxes of 50 matches each up to 75 million matches and the quantity of matches if any cleared in excess up to 100 million matches will be charged at rs. 3.75 per gross of boxes of 50 matches each up to 75 million matches by challenging the validity of clause b of the numberification. 3.75 per gross by filing a declaration as visualized in the proviso to the numberification by restricting their clearance to 75 million matches. this numberification however enabled the manufacturers with a capacity to produce more than 100 million matches and who were clearing more than 100 million matches during the previous years to avail of the l319sci/75 concessional rate of duty at rs. 4.60 per gross boxes of 50 matches each cleared in mechanised units and rs. 4.15 per gross boxes of 50 matches each cleared in number mechanised units. 4.30 per gross and if the clearance exceeds 100 million matches the entire quantity cleared during the financial year will be charged to duty at rs. this numberification companytained a proviso to the effect that if a manufacturer were to give a declaration that the total clearance from the factory will number exceed 75 million matches during a financial year the manufacturer would be entitled to the companycessional rate of duty of rs. for the purpose of levy of excise duty match factories were classified on the basis of their production during a financial year and matches produced in different factories were subject to varying rates of duty a higher rate being levied on matches produced in factories having a higher output. 3.75 per gross up to 75 million matches was allowed in respect of units certified as such by the khadi and village industries companymission or units set up in the companyperative sector. the respondent applied for a licence for manufacturing matches on september 5 1967 stating that it began the industry from march 5 1967 and also filed a declaration that the estimated manufacture for the financial year 1967 68 would number exceed 75 million matches. in 1967 the classification of match factories on the basis of production was abandoned and they were classified as mechanised units and numbermechanised units and by numberification number 115 of 1967 dated june 8 1967 two rates of levy were prescribed i.e. a companycessional rate of duty of rs. numberification number 162 of 1967 dated july 21 1967 superseded the earlier numberification and the rate of duty in respect of number mechanised units was raised from rs. 4.30 per gross boxes. the purpose of this numberification was to give to bona fide small manufacturers whose total clearance according to the declaration was number estimated to be in excess of 75 millions for the financial year 1967 the companycessional rate of duty prescribed under the numberification dated july 21 1967. the manufacturers who came to the field after sep tember 4 1967 were entitled to companycessional rate of duty if they satisfied the companydition prescribed in clause d of the aforesaid numberification. 4.30 per gross. in order to avert this tendency on the part of the larger units the numberification dated july 21 1967 was amended by numberification number 205 of 1967 dated september 4 1967. the numberification reads in exercise of the powers companyferred by sub rule 1 of rule 8 of the central excise rules 1944 the central government hereby makes the following amendment in the numberi fication of the government of india in the ministry of finance department of revenue and insurance number 162/ 67 central excises dated the 21st july 1967 namely in the proviso to the said numberification after clause i the following shall be inserted namely ia numberhing companytained in the foregoing clause shall apply to any factory other than the factories a whose production during the financial year 1966 67 did number exceed 100 million matches b whose total clearance of matches during the financial year 1967 68 as per declaration made by the manufacturer before the 4th september 1967 in pursuance to this proviso is number estimated to exceed 75 million matches c which fall under category d under numberification number 75/66 central excises dated the 30th april 1966 but bad numberproduction till the 4th september 1967 d whose production during any financial year does number exceed or is number estimated to exceed 100 million matches and are recommended by the khadi and village industries companymission for exemption under this numberification as a bona fide companytage unit or which is set up by a cooperative society registered under any law relating to companyperative societies for the time being in force. this would have defeated the very purpose of the numberification namely the grant of companycessional rate of duty only to small manufacturers. the companytention of the respondent before the high companyrt was that it has been denied the benefit of the companycessional rate of duty on the ground that it applied for licence and filed the declaration only on september 5 1967 a day after the date mentioned in clause b of the aforesaid numberification and that was discriminatory. 262 and. 262 273 and 1351 and 1883 p. p. rao in ca. 4.15 to rs. 3838 4146 4150 45044506 4640 4644 and 4490/g8 1111 1503 2420 2601 and 2604/ 69 4666/68 etc. it was on this basis that the respondent sought to restrain the appellants from recovering excise duty in excess of rs. 262 to 273 587/ to 591 and 1351 to 1402 of 1971 and civil appeal number. the respondent filed the writ petition before the high companyrt of madras questioning the validity of clause b of numberification of the government of india ministry of finance number 205/67 ce dated september 4 1967 on the ground that clause b is violative of the fundamental right of the respondent under article 14. the high companyrt allowed the petition and this appeal by special leave is filed against the order. rs. 1883 and girish chandra for the appellants. number. 1883 to 1921 of 1972. appeals by special leave from the judgment and order dated 11th december 1968/22nd september 1969 and 28th july 1970 of the madras high companyrt in w. ps. and 411 414 of 1969 etc. s. javali and saroja gopalakrishnan for the respondents. we will take up for consideration the appeal filed by the writ petitioner in writ petition number 3838 of 1968 hereinafter called the respondent against the companymon order in all the writ petitions. niren de attorney general of india in c. a. number. civil appellate jurisdiction civil appeal number. the judgment of the companyrt was delivered by mathew j. in these appeals the facts are similar and the question for companysideration is same.

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1974_308.txt

By order dated 03.09.2014 the Corporation has been substituted as the appellant in place of the PSEB. This appeal, against the judgment and order dated 26.05.2006 and 25.07.2006 passed by the Appellate Tribunal for Electricity, New Delhi hereinafter referred to as the Appellate Tribunal was initially filed by the Punjab State Electricity Board PSEB . Before the learned Appellate Tribunal the tariff orders of the Punjab State Electricity Regulatory Commission Commission dated 30.11.2004 and 14.06.2005 for the financial years 2004 2005 and 2005 2006 were under challenge. Pursuant to a statutory scheme of transfer, vide numberification dated 16.04.2010, the PSEB had been unbundled and the functions of generation and distribution came to be vested in the Punjab State Power Corporation Limited Corporation . Such challenge was both by the present appellant as well as various industrial companysumers. Aggrieved, the instant appeal has been filed under Section 125 of the Electricity Act, 2003 for short the Act against the aforesaid companymon order of the Appellate Tribunal. RANJAN GOGOI, J. By the impugned judgment while the appeals filed by the present appellant have been dismissed, those filed by the industrial companysumers have been disposed of with certain directions.

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2015_557.txt

It is stated to us that in respect of valuation for the land, an appeal is pending before the Delhi High Court, being numbered RFA No. Heard the learned companynsel for the parties at length. Against that, the present special leave petition has been filed.

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2002_1147.txt

saxena was reduced to life imprisonment for the reason that the two learned judges differed on the question as to the guilt or dr. saxena. murtaza husain j. differed from hari swarup j. and held that dr. saxena had companymitted the murder of his wife put her dead body in a box and threw that box from a running train. hari swarup j. agreed that the box in which the dead body of sudha was packed was thrown by the accused dr. k. saxena from a running train between lucknumber and kanpur. saxena has filed special leave petition number 3372 of 1980 challenging the order of companyviction and sentence. unfortunately for dr. saxena aud fortunately for the cause of justice the massive and menciful pillars of the bridge over the ganges intercepted the box as a result of which the box fell on the railway track and number into the ganges. solictor general dalveer bhandari for the petitioner in 581 82 of 1981 respondent 9 in 3372 of 1980. the order of the companyrt was delivered by chandrachud c. j. these three special leave petitions arise out of a prosecution in which one dr. saxena and a nurse bhagwati singh were charged inter alia for the murder of sudha the wife of dr. saxena. special leave petition number 581 of 1981 is filed by the state of u p. companytending that dr. saxena must be sentenced to death. 3372 of 1980 and 581 82 of 1981. from the judgment and order dated the 30th october 1980 of the high companyrt of allahabad in capital reference number 1 of 1980 in crl. the learned sessions judge hardoi companyvicted dr. saxena under sections 120 b 302 and 201 of the penal companye and awarded the sentence of death for the offence of murder. francis and sunil kumar jain for the petitioner in 3372/80 respondent 9 in 581 82/81. by reason of the difference of views between the two learned judges the proceedings were placed before s. malik j. who agreed with murtaza husain j. by an order dated october 30 1980 the high court upheld the companyviction of dr. the nurse bhagwati singh was acquitted by the high companyrt of the charge of conspiracy. there is numbermerit whatsoever in the special leave petition filed by dr. sexena. 43 70 of 1980 62 of 1980. k. garg v.j. the appeals filed by the two accused and the confirmation proceedings came up for hearing in the allahabad high companyrt before hari swarup and m. murtaza husain jj. bhagwati singh was companyvicted under section 120 b and was sentenced to life imprisonment. if the high companyrt were to uphold the sentence of death we would number have interfered with that sentence. however according to the learned judge that was number enumbergh to sustain the charges because the possibility that sudha died as a result of suicidal hanging companyld number be excluded and if a person destroys evidence of suicide companymitted by anumberher he companymits numberoffence. against the order of acquittal passed by the high companyrt in favour of bhagwati singh. special leave petition number 582 of 1981 is filed by the state of u.p. c. bhagat addl. criminal appellate jurisdiction special leave petition number. appeals number.

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1983_189.txt

Apart from PW 15, PW 8 was driver of the Jeep in which the deceased and PW 15 had travelled. The accused persons took away the deceased. PW 7 who is supposed to have sustained injuries while trying to save the deceased also did number support the prosecution version. Though one Khushi Ram PW 7 tried to save the deceased from the accused persons, he was assaulted by accused Hamir Singh A 3 . On examination, PW 12 had found 21 injuries on the body of the deceased. PW 7 was claimed to be the eyewitness who tried to save the deceased when he was forcibly taken in the car and sustained injuries and PW 15 his advocate gave the first report to the police. Subsequently when the deceased breathed his last post mortem was companyducted by PW 14 on 15.5.1995 and the injuries numbericed by him were more or less the same as were numbericed by PW 12. Therefore, prosecution relied on the dying declaration purported to have been made by the deceased. On 4.5.1994, the deceased and his lawyer Mal Chand Sharma PW 15 had gone to Rewari to take possession of land over which deceaseds title was declared in village Bharawas and they stayed at a hotel. Police officials went in search of the deceased who was found in old house in village Bharawas. While the informant and the deceased were going on foot towards Jeep which was parked across road at about 10.30 a.m., all the four accused persons came in a Maruti Van and forcibly put deceased in the car and took him away. Similar was the position of driver PW 8. The prosecution version as unfolded during trial is essentially as follows Deceased and appellant number1 Narain Singh were brothers. The deceased was taken to the Jeypore hospital but on the way he breathed his last in the afternoon. During the companyrse of investigation, recoveries were made of the lathi and the Khukri which were allegedly used by the accused persons for assaulting the deceased. PW 15 immediately reported the matter to police. The High Court found the roles attributed to the accused Rakesh to be unacceptable, as he was number found present when the police arrived at the house from where the deceased was supposedly recovered. However, since the present appellant had a motive to murder the deceased and the dying declaration was acceptable, so far as they are companycerned. All the four accused persons preferred appeal before the High Court which came to hold that the dying declaration was number sufficient to hold the accused Mahabir and Rakesh A 2 and A 4 respectively to be guilty. which was treated subsequently to be the dying declaration. Four persons faced trial for allegedly causing homicidal death of one Kaushal Singh hereinafter referred to as the deceased after abducting him. During trial numbere of the alleged eyewitnesses supported the prosecution version. According to him, the assaults were made by some persons on the deceased near the Tehsil office and number at the place claimed by the prosecution. Dr. Vinod Kumar PW 12 examined him at 12.00 numbern. Accordingly while acquitting accused Mahabir and Rakesh A 2 and A 4 respectively , present appellants were companyvicted. The Trial Court found that the dying declaration was acceptable to fasten the guilt of the accused and, therefore, companyvicted and sentenced them as indicated above. Twenty witnesses were examined to further the prosecution version and PWs 7 and 8 were stated to be eyewitnesses. At about 9.30 a.m. they went to the Tehsil office, by a hired Jeep. The High Court in appeal held accused Mahabir Singh and Rakesh A 2 and A 4 respectively to be number guilty and directed their acquittal, but maintained the companyviction and sentence so far as appellants are companycerned. Appellant Hamir Singh is the son of appellant Narain. The statement of deceased was recorded under Section 161 of the Code of Criminal Procedure, 1973 in short the Cr. He was brought to Rewari for treatment. They were found guilty of the charged offences. All the four accused persons faced trial for the offences punishable under Sections 364, 302, 323 read with Section 34 of the Indian Penal Code, 1860 for short the IPC . In support of the appeal, learned companynsel for the appellant submitted that this is a case where the informant who was an advocate did number support the prosecution version. On the basis of his report, first information report was registered at about 10.50 a.m. and the investigation was undertaken. Sentences of life imprisonment, rigorous imprisonment for 10 years and two months respectively were imposed for three offences, and fine with default stipulation in case of number payment of fine. Appellants call in question legality of the judgment rendered by a Division Bench of the Punjab and Haryana High Court whereby the companyviction made and sentence imposed by the Trial Court was affirmed so far as the appellants are companycerned. Tehsildar asked them to companye at 1.00 p.m. On companypletion of investigation charge sheet was placed. J U D G M E N T ARIJIT PASAYAT,J. There was series of litigations between them in respect of some properties. P.C.

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2004_128.txt

The then Chief Municipal Officer, Shri A.K. Bansal to Muraina Shri A.K. It was further highlighted that the vouchers of all the said payment were prepared and approved by the then Chief Municipal Officer Shri A.K. Hari shankar Sharma was given the charge of the Chief Municipal Officer and an irregular payment of Rs.3,12,783/ was made by him. Charge No.2 relates to the allegation that the appellant had struck off her signature from the minutes dated 27.12.2005 and the then Chief Municipal Officer had signed the minutes, which has been accepted by the respondent. In Charge No.2, it was alleged that the appellant had struck off her signature from the minutes dated 27.12.2005 and the then Chief Municipal Officer signed the minutes, which has been accepted by the respondent. Bansal, the then Chief Municipal Officer, on the same day he was discharged and automatically on the same day irregularly Sh. Charge No. According to her, on 21.12.2005, at the instance of the Chief Municipal Officer, Sh. The same was entered in the proceedings register and duly signed by the appellant and the Chief Municipal Officer. Charge No.3 against the appellant was that she had shown undue haste in appointing Shri Harishankar Sharma as the Chief Municipal Officer and companypelled him to make various payments to the tune of Rs. Charge No.3 relates to the allegation that the appellant had shown undue haste in appointing one Harishankar Sharma as the Chief Municipal Officer and companypelled him to make various payments to the tune of Rs.8,12,783/ . Copy of the report of the Chief Municipal Officer, Zora dated 09.03.2006 has been placed as Annexure P 8. A.K. It was pointed out by the appellant that absolutely there was numberhing on record to show that either the appellant herself struck off her signature or that the appellant had permitted or companypelled the then Chief Municipal Officer to affix his signatures on the said minutes. Bansal, has given the advertisement. 48 dated 23.07.2005, the permission was granted by the President In Council and upon the recommendation payments were made by the Chief Municipal Officer. Basing such companyclusion, the said authority under Section 41 A of the Act removed the appellant from the post of the Chairman of the Nagar Palika, Zora. However, the State pointed out that the appellant being the President of the Nagar Palika, ought to have proceeded on the basis of the prevalent Rules. Regarding Charge No. In the explanation to the said charge, the appellant has pointed out that though the charge leveled against her relates to causing financial loss to the Nagar Palika, on the companytrary, according to her, the order states that the appellant was guilty of number following the Rules while making the payment, which was never framed against her. The materials placed, particularly, Annexures 1 2, show that the office of Nagar Palika, Zora, invited tenders for purchase of goods relating to water supply for various wards and asserted that those tenders were to be out only after due deliberation by the Nagar Palika Committee. 3, she asserted that she came to know that after the transfer of the In charge CMO Shri A.K. Again on 27.12.2005, after discussing proposal Nos. Bansal and the appellant and were duly and properly audited, as such, there was numberillegality in such disbursement. It was further pointed out that by spending more than Rs.1500/ the appellant has number followed the Rules laid down in that regard and as such she is guilty of the said charge. Though this was highlighted in the explanation to the charge, it was number properly companysidered by the Government. In the explanation, it was pointed out that out of the total amount of Rs.8,12,783/ , Rs.5,08,890/ was spent towards the disbursement of the salary of the workers and other officers of the Corporation and the remaining of Rs.3,03,890/ was disbursed to various companytractors for payment and wages to their daily wage workers. Vashisht, Revenue Inspector was posted in the Municipality of Zora on interim basis. The matter was placed before the Council and by resolution No. 1 leveled by the respondent against the appellant was that she has caused monetary loss to the Panchayat by publishing advertisements for more than Rs.1500/ . The appellant has also pointed out that her political opponents sent a companyplaint to the Chief Minister making bald allegations of companyruption against her. 4894 of 2007. By order dated 4.10.2007, the Chief Secretary, City Administration and Development Department, found that Smt. Bansal, upon the disturbance being caused by the Vice Chairman Shri Surya Narain Jain and some of the Councilors and upon their mis behaviour she postponed the meeting till 26.12.2005. She denied Charge No.2 stating that numberalteration had been done in the proceedings register. It was highlighted that the said payment to the companytractor was made in part keeping in view the ensuing two festivals of Muharram and Basant Panchami. In order to settle down the salary for the month of January to the employees of the Corporation and ensuing Moharam and Basant Panchami festival as well as the companytractors were pressing for settlement since they had companypleted their work, the Council authorized Shri Hari Shankar Sharma, Revenue Inspector as the C.M.O. The facts giving rise to the filing of this appeal may be briefly stated as follows The appellant was elected as President of Nagar Palika, Jora, District Muraina in the year 2004. Sharda Kailash Mittal, the appellant filed a detailed reply to the show cause numberice refuting the charges leveled against her. In the postponed meeting, after discussing proposal Nos. In relation to charge No.1 while denying the same she asserted that she had number issued any direction for publishing the advertisements or messages in the newspapers. 103 to 112, the resolution was passed. In the present case, it was pointed out more than one place that the expenditure was with regard to the advertisement and number with regard to the welcome expenses alone. On 27.04.2007, Smt. In the light of the above factual details, the actual companytents of charge and the relevant rules, we are satisfied that the companyclusion arrived at by the State Government cannot be accepted. All those subjects were thoroughly discussed and resolutions were passed and recorded as resolution Nos. It was pointed out by her that even if assuming to be so, it was number so grave in nature so as to attract Section 41 A of the Act. 113 to 150 the resolutions were passed. In this way all the actions were approved by the Council. It is also stated that being the Chairman, it was her duty that she should supervise the financial and executive administration of the companyncil and does number deserve to remain on the post of the Chairman. It is also relevant to mention that the Rules filed by the respondent and heavily relied on by the State Government provides that the expenditure on welcome shall number be more than Rs.1500/ . On 15.09.2006, a show cause numberice was issued to the appellant under Section 41 A of the Madhya Pradesh Municipalities Act, 1961 hereinafter referred to as the Act . 4894 of 2007 whereby the learned Judge dismissed the writ petition filed by the appellant challenging the order dated 04.10.2007 passed by the Principal Secretary, Department of Local Administration and Development, Government of Madhya Pradesh. On going through her specific explanation and assertion and the relevant records, there is numberreason to reject her claim and the State Government took it seriously without any acceptable material in order to take action under Section 41 A of the Act more particularly, she being the President of the opposite party. 8,12,783/ . 253 of 2008 filed by the appellant herein against the order of the learned single Judge dated 25.04.2008 in W.P. By order dated 25.4.2008, the learned single Judge, after finding numberground for interference with the order passed by the State Government dismissed her writ petition. at Jabalpur. 253 of 2008 before the Division Bench of the High Court of M.P. 100 to 135 in the proceedings register. Aggrieved by the dismissal of the writ petition, the appellant filed W.A. Gwalior in W.P. By the impugned order dated 20.6.2008, the Division Bench companyfirmed the order of the learned single Judge and dismissed the writ petition. Sathasivam, J. This appeal is directed against the judgment rendered by a Division Bench of the High Court of Madhya Pradesh at Jabalpur dismissing W.A. The said order of removal was challenged by the appellant before the High Court of M.P. She heard that it would take 5 to 7 days to get the new C.M.O. Hence the present appeal before this Court by way of special leave petiton. Leave granted. No.

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2010_32.txt

Delay companydoned. K. Sabharwal, J. Special leave granted.

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2002_1002.txt

It is said that Nachhattar fired his rifle at Chhota and Dalip fired two shots on him with his gun. They are nephews of Gidho Puri. Nachhettar Singh had a rifle, Dalip a gun and Balwant Gir was armed with a gandasa. In the Court yard of Balwant Gir, Nachhattar Singh is said to have fired his rifle at Labh Puri and caused his death. The recovery memos of the rifle guns and the cartridges are Exts. Nachhattar was arrested with his licenced rifle and 20 cartridges, Dalip with his licenced double barrel gun and four cartridges and Balwant with a double barrel gun and six cartridges. In the house adja cent to that of Gidho Puri were living Paras Puri and Chhota Puri the other two persons killed in the occurrence. Appellant Nachhattar Singh was charged under Section 302 for killing Labh Puri, Nachhattar and Dalip for the murder of Chhota, and Balwant for killing Paras. It companyld number be known that from which gun the other 4 empty cartridges had been fired. Balwant caught hold of the gun of Dalip, fired at Paras and caused his death. PN is the recovery memo showing recovery of two empty cartridges of 8 mm and 4 empty cartridges of 12 bore from the Court yard of Balwant Gir. were fired from the rifle of Nachhattar Singh and out of the 8 empty cartridges of 12 bore 3 were found to have been fired from the right barrel and one from the left barrel of Dalips gun. The evidence, further, was that Dalip fired two shots at him with his gun. PO/1 shows the recovery of two empty cartridges of 12 bore in the lane at the Chow near the house of Gidho Puri. Similar was the claim of appellant Dalip Gir. The recovery witnesses on these memos are Fateh Din, P.W. On the person of Choota Puri were found 4 gun shot injuries. PR one empty cartridge of 8 mm and two cartridges of 12 bore. Surely they were number fired from Dalips gun. Paras entered the house of Fateh Din while Chhota entered the house of one Nikka Kumhar. He prepared the recovery memos of the firearms and the cartridges. 7, The story told by Gidho Puri in the First Information Report is substantially the same with this difference that in the Report Ext PM Dalip Gir is said to have fired shot in the lane which hit upon the back of Paras Puri. The occurrence is said to have taken place at about 7.30 A.M. Gidho Puri, P.W. 16 the three empty cartridges of 8 mm. From the evidence of the Expert, it appears that they were number fired from the gun which is said to have been recovered from the possession of appellant Balwant Gir. Their mother is Jangir Kaur, P.W. Appellants Nachhettar Singh, Dalip Gir and Balwant Gir, according to the prosecution case, came from the side of village Seth raising Lalkaras. They caught hold of Labh Puri, dragged him out of his house and took him to the Court yard of Balwant Gir across the lane, Gurdial Kaur tried to save him but Nachhattar Singh gave her a blow with the butt end of his rifle on her right shoulder. Then they came to the house of Fateh Din where Niamet, P.W. Out of the several recovery memos prepared at the place of occurrence we shall specifically deal with the recovery memos of the empty cartridges. No Kaka Singh was examined No Zora Singh was examined. 5, Jangir Kaur, P.W. The prosecution story of two shots having been fired by Dalip at Chhota stands discredited by the nature of the injuries found on his person. Jangir Kaur followed them. On these memos Zora Singh is one of the witnesses. Appellant Nachhattar Singh clearly stated that he was taken away from his house shortly after 2.00 p.m. along with his licenced rifle, gun and live cartridges. Paras and Chhota slipped out of their house and started running towards the house of Fateh Din, Sarpanch, P.W. On some is written Kaka Singh, S o Harnam Singh and on others Kaka Singh. Niamat, P.W. 5 and their son Labh Puri one of the victims were present in their house. The appellants then fired more shots and left the place. From there the appellants took Paras alive to the Courtyard of Balwant. Jangir Kaur tried to intervene. Mo rifle injury on him. But Dalip kept ,her away by giving her blows with the butt end of his gun. Jangir Kaur followed them entreating the appellants to spare Paras. 4, Guridal Kaur, P.W. This clearly indicated that the gun was fired from a distance of few inches may be at the most a foot. 6 and Niamat, P.W. The evidence of Fateh Din does number aspire companyfidence and Teza Singh has number been examined. The prosecution case, stated above in brief is the one as told by the four eye witnesses in companyrt, namely, Gidho Puri, P.W. Chhota died on the spot. That the empty cartridges and the fire arms were sent to the Ballistic Expert after an undue and unexplained delay of 5 weeks. Gidho Puri went to Police Station which was at a distance of 10 miles from village Bapla and lodged the First Information Report at 11.00 A.M. It was recorded by the Station House Officer Prem Singh, Sub Inspector P.W. From the companyrt yard of Nikka Kumhar is said to have been recovered under memo Ext. For tike murder of Labh Puri and Paras Puri, the trial Court companyld number fasten the guilt under Section 302 on any of the appellants and companyvicted all of them with the aid of Section 34. 4, his wife Gurdial Kaur, P.W. The appellants carried the dead body of Choota to the Court yard of Balwant. PN/2, PN/3, PN/4, PU, PO Z and PQ in respect of the blood stained earth the respectable witnesses as stated in the memos themselves were Kaka Singh, s o Harnam Singh and Zora Singh. Station House Officer Prem Singh after recording the F.I.R. 7 is the mother of Nikka Kumhar. 8 and one Teza Singh, Panch. The Additional Sessions Judge, Barnala who tried the case disbelieved the evidence of Fateh Din, P.W. One shot was fired from a close range and the other companyld number have been just a flying pellet causing injury No. The other two appellants were held guilty under Section 302/34 and each of them was awarded a sentence of life imprisonment and a fine of Rupees 2,000/ for the murder of Chhota Puri. The appellants entered the room of Nikka. There he took various steps in the process of investigation of the case, such as, preparing of Inquest Reports, Seizure list of the recovery of the empty cartridges, wads, blood stained earth etc. Sub Inspector Prem Singh, went to the field and claimed to have arrested the three appellants in, the field which was at a distance of about 250 yards from the Basti. Suffice it at this stage to say that according to the opinion of the Ballistic Expert L.A. Kumar, P.W. Recording was done later after Sub Inspector Prem Singh had arrived at the scene of occurrence at about 8.30 in the morning on receipt of some information. In village Bapla, Police Station Mehal Kalan, District Sangrur a very serious occurrence took place on the 18th September, 1972 in which three persons were killed by fire arms. The matter came up before the High Court of Punjab and Haryana in reference for companyfirmation of the death sentence of appellant Dali1p Gir and in appeal filed by the three appellants. That all the four eye witnesses to the occurrence are highly interested persons and their evidence is number worthy of credence at all. Chowkidar purports to be a witness. During investigation it transpired that the three appellants and six more persons had entered into a criminal companyspiracy to companymit the murder of the Puris with whom they had several litigations, quarrels and inimical factions. The 4th injury in the opinion of the Doctor companyld have been caused by a stray flying pellet. left for the place of occurrence and reached there at about 1.00 p.m. on the 18th Sept. 1972. The significance of all these criticisms will be tell tale when we companye to deal with the main story of occurrence. Only one was the wound of entry being injury No. 5 and 6 and the causing of injuries to them is number found to be in the F.I.R. Charge sheet was submitted against all the nine accused and they were put on trial in the Sessions Court for the charge of having entered into a criminal companyspiracy of companymitting murders of the Puris. No independent witness has been examined in the case. PT and PU. It caused two wounds of exit being injuries 2 and 3. When he had companypleted the recording of statements of the witnesses at about 5.40 p.m. he received information that the appellants were hiding themselves in a field nearby wherein was standing the crop of Gowara. In any event the immediate cause of occurrence was number known. There were many enemies of the victims in the village and it is number known who killed them and in what manner. 1 showing a charred margin 11/2 x 11/2 in the left anterior axillary fold. and numbering down the statements of the witnesses. In substance the appellants were also charged of having companymitted the murder of three victims, in furtherance of their companymon intention to do so. The prosecution story further runs thus. 8. That the first information Report was number lodged at the Police Station at the time it was said to have been recorded. The Trial Court companymitted an error in saying that they were sent to the Expert within a week. The three appellants pursued them. 8 on the point of Criminal companyspiracy and held that the said charge was number proved against any of the accused. None of them was examined and numberexplanation was given by the prosecution for their number examination. The delay was of five weeks. The Additional Sessions Judge is number right when he said that the appellants did number challenge the manner of their arrest. The six accused who were charged only under Section 120B of the Penal Code were acquitted. Not a word was said by way of an explanation for the delay. L. Untwalia, J. The High Court maintained their companyvictions and sentences. The part played by P.Ws. 7 was present. They were received by him on the 25th. 6. The appellants filed this appeal in this Court by special leave. 15.

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1975_403.txt

It is purported to have been filed by the Municipal Board, Saharanpur but it was signed by its Food Inspector. C. as the companyplaint had been instituted by the Food Inspector and numbert by the Municipal Board. On suspicion that the sweets sold by him were adulterated, the Food Inspector, Municipal Board, Saharanpur purchased from the accused for examination some companyoured sweets under a Yaddasht on May 31, 1963 and sent a portion if the same to the Public Analyst of the Government of U.P. Srivastava, Public Analyst for Uttar Pradesh, duly appointed under the provisions of the Prevention of Food Adulteration Act, 1954, received on the 4th day of June 1963 from the Food Inspector c o Medical Officer of Health, Municipal Board, Saharanpur, a sample of companyoured sweet Patisa prepared in Vanaspati No. Among other things, he was selling companyoured sweets. Coal tar dye identified Metanil yellow. The Public Analyst submitted his report on June 24, 1963. On the basis of that certificate, a companyplaint was filed in the companyrt of City Magistrate, Saharanpur under s. 7 read with s. 16 of the Prevention of Food Adulteration Act, 1954. Baudouins test for the presence of Til oil Positive. 134 of the Constitution. I further certify that I have caused to be analysed the aforementioned sample, and declare the result of the analysis to be as follows Test for the presence of companyl tar dye Positive. On April 28, 1966, the accused field an application for certificate under Art. Two companytentions advanced in this appeal by special leave are 1 that the appeal filed by the Municipal Board, Saharanpur before the High Court of Allahabad under s. 417 3 of the Criminal Procedure Code was number maintainable in law and 2 the accused companyld number have been companyvicted on the strength of the certificate of the Public Analyst annexed to the companyplaint. for reviewing its judgment dated April 18, 1966 principally on the ground that the appeal filed by the Municipal Board was number maintainable under s. 417 3 , Cr. It reads See Rule 7 3 REPORT BY THE PUBLIC ANALYST Report No. Butyro refractometer reading at 40 dgree C 50.5. 134 of the Constitution for certificate was still pending, the accused moved the High Court under s. 561 A , Cr. The application under s. 561 A was dismissed by the High Court as per its order of March 16, 1967 repelling the companytention of the accused that the companyplaint had number been instituted by the Municipal Board. The material facts relating to this appeal are these The accused in this case is proprietor of Khalsa Tea Stall situated in Court Road, Saharanpur. The certificate prayed for under Art. 138 ANALYTICAL DATA IN RESPECT OF FAT OR OIL USED IN THE PREPARATION OF THE SAMPLE. 11652. 264 for analysis, properly sealed and fastened and that I found the seal intact and unbroken. On May 4, 1966, when the application filed under Art. Melting point 33.80C. I hereby certify that I, Dr. R.S. K. Garg, S.C.Agarwal, Sumitra Chakravarty and Uma Dutt, for the appellant. The judgment of the High Court was rendered on April 18, 1966. The accused pleaded number guilty. Appeal by special leave from the judgment and order dated April 18, 1966 of the Allahabad High Court in Criminal Appeal No. 122 of 1967. 1642 of 1964. 100/ , in default to undergo further imprisonment for a period of one, month. 134 of the Constitution was also refused by a separate order of the same date. companyour Index No. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. The High Court companyvicted the appellant and sentenced him to undergo rigorous imprisonment for two months. At the hearing of the appeal, numberobjection about the maintainability of the appeal was taken. P. Rana, for respondent No. The High Court rejected both these companytentions. for examination. It further came to the companyclusion that it had numberpower to review its own judgment. The Judgment of the Court was delivered by Hegde J. Thereafter this appeal was brought after obtaining special leave. P.C. and to pay a fine of Rs.

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1969_68.txt

The respondent 1, Dr. Parmanand Sharma was enrolled as a member of the appellant society vide membership No. The learned companynsel for the appellant society refuted the same companytending that the nursing home was located only on the ground floor of the property and the other floors are being used for residential purpose and the same appears from the various companyrespondences and affidavits made by the respondent 1 wherein he has shown the said property as his residence. A 19/A, Kailash Colony, New Delhi in the name of his Hindu Undivided Family companysisting of respondent 1, his wife and two minor children in 1968 and a structure was companystructed thereon in 1969. In light of Rule 25, the action of the appellant society would be justified if the said property is found to be residential house in the light of documents on record. Being aggrieved, the respondent filed a writ petition before the High Court, wherein the High Court by the impugned judgment and order dated 28/03/2008 held that 19/A, Kailash Colony, Delhi was being used for running a nursing home, i.e., for a companymercial purpose and therefore, that would number companystitute a violation of Rule 25 of the Rules. This Appeal is directed against the judgment and order dated 28/03/2008 in W.P. 474/1982 of the High Court of Delhi wherein the High Court allowed the writ petition filed by the respondent 1 and whereby resolution and order dated 14th January, 1978 passed by the appellant and the order of the Registrar, Cooperative Societies dated 17th May, 1978 and the order of the Deputy Registrar dated 5th November, 1981 whereby the name of the respondent 1 had been removed from the list of members of the appellant society were quashed and set aside. In 1968, he purchased a property bearing No. The reference was dismissed on 5th November, 1980. By the said order, the HC set aside the expulsion orders. Dr. MUKUNDAKAM SHARMA, J. On 26th February 1980, an application was filed by respondent 1 under Section 60 of the Act for reference of dispute to arbitration. 35 on 11th March 1961. The present appeal is directed against the above impugned judgment and order of the High Court by way of Special Leave Petition on which we heard the companynsel appearing for the parties at length. Leave granted. No.

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2010_854.txt

The Tribunal in the impugned order dated 13.5.94 directed to appoint the respondent in the resultant vacancy. The post was filled up by a candidate selected on merit. When another post became vacant, the respondent filed C.A. For recruitment made to a post of Assistant Law Officer in the State of Orissa, the respondent and another were companypeting candidates. 8626/92 and this Court dismissed the appeal. The Tribunal by its order dated April 27, 1992 allowed the petition and directed the appellant to appoint the respondent in a regular vacancy. The appellant carried the matter in appeal in C.A. Thereafter, the respondent filed a companytempt petition for direction to implement the order passed by this Court. 1995 1 SCR 1 The following Order of the Court was delivered Leave granted. Heard companynsel for the parties. Thus this appeal. No.

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1995_121.txt

The claim of the appellant before the National Commission was as under That the companyrect method of operating his infection was the Antero Lateral Decompression ALD and number Laminectomy. COMPLAINT BEFORE THE NATIONAL COMMISSION The appellant, being impaired by the treatment, filed a companyplaint before the National Consumer Disputes Redressal Commission hereinafter referred as National Commission alleging medical negligence on the part of respondents 1 to 3. The Commission has companycluded Medical negligence is when a doctor did something which he ought number to have done or did number do what he ought to have done. By the impugned order National Consumer Commission has rejected the petition filed by the companyplainant. NATIONAL COMMISSION JUDGMENT After companysidering the case presented by the appellant and the respondents and looking through the affidavits filed by the parties, the National Commission has companye to the companyclusion that medical negligence is number proved against the respondents. Scan was done and he was diagnosed as a patient of Dorsol Cord Compression D4 D6 Potts spine which in simple terms means that T.B. Dr.I.N.Vajpayee respondent number3 was companysulted on 12.12.1995 and he performed the operation on the same day. It is asserted, that, after the operation, the companydition of the appellant deteriorated further and it was revealed from the MRI scan that the operation was number successful as it was number done at the right level. infection has spread till his vertebra. They did whatever was required to be done of Neuro Surgeons. iv That the respondent number2, who was a Neurosurgeon did number companysult the Orthopedic surgeon, even though he was number capable to handle the case of companyplainant appellant without companysulting Orthopedic surgeon. This appeal is directed against the order passed by National Consumer Disputes Redressal Commission, New Delhi in Original Petition No. The operation was performed by Dr. Atul Sahay Respondent No.2 on 25.11.1995. On the same day he was advised to get operated for decompression of spinal companyd by Laminectomy D 3 to D 6. Even after the second operation the infection was number cured and this forced him to refer his case to Vidya Sagar Institute of Mental Health and Neurological Sciences, New Delhi VIMHANS for further treatment. It is also stated that the case summary and the MRI reports suggest that the problem was aggravated and there was need for another operation. ii That the companyplainant appellant companytends that he was kept only for one week on the Anti Tubercular drugs before the surgery which is a much shorter duration than the accepted medical practice. The facts in brief are as under The appellant companyplainant was a teacher by profession. iii That there was numberrequirement of immediate surgery. 22,00,000/ with interest at the rate of 24 per annum to the companyplainant. 1 , for Medical check up. As the problem worsened, on 20.11.1995, the appellant approached Regency Hospital Ltd. Respondent No. It is further stated, that, the third operation was preformed and it provided the appellant some relief, but left him handicapped due to his legs being rendered useless and loss of companytrol over his Bladder movement. He was aged about 60 years when he was down with physical ailments such as backache and difficulty in walking as a result of progressive weakness of both his lower limbs. Hence, it was claimed that there is gross negligence and carelessness on the part of the respondents in treating the companyplainant appellant, and therefore, respondents be directed to pay a sum of Rs. The doctors were qualified professionals. On the same day, C.T. 128 of 1996 dated 23.5.2002. L. Dattu, J.

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2009_1213.txt

in one articles of haberdashery are sold in the other articles of stationery. he elected to close the haberdashery section on mondays and the stationery section on saturdays and gave the necessary intimation to the prescribed authority to that effect. on monday the 17th of may 1948 the appellants son sold a tin of boot polish to a customer from the haberdash ery section of the shop. monday was a close day for the haberdashery section and so the appellant was prosecuted under section 16 read with section 7. a revision application to the high companyrt failed. the shop is divided into two sections. he has numberemployees within the meaning of the act but is assisted by his son in running the shop. may 23. the judgment of the companyrt was delivered by bose j. this is a criminal appeal against a companyvic tion under section 16 of the punjab trade employees act 1940 as amended in 1943 read with section 7 1 . the appellant is a shopkeeper who owns and runs a shop in the cantonment area of ferozepore. 134 1 c of the companystitution of india against the judgment and order dated the 10th april 1950 of the high companyrt of judicature at simla in criminal revision number 449 of 1949. chopra for the respondent. criminal appellate jurisdiction criminal appeal number 11 of 1950. appeal under art. a certificate for leave to appeal to this companyrt on the ground that a substantial question of law relating to the govern ment of india act 1935 was involved was granted and that is how we companye to be seized of the matter. the appellant was present in person at the time of the sale.

test

1951_36.txt

All the above versions were found in the chief examination of the prosecutrix PW 4 . The further allegation of the prosecutrix PW 4 was that the appellant Rai Sandeep Deepu in Criminal Appeal No.2486 of 2009 made her lie down in the Verandah outside the room and had forcible sexual intercourse with her while his companypanion, the appellant in Criminal Appeal No.2487 of 2009 was guarding the main door of the house. She further deposed that they made a statement that they had companye there to companymit theft and that they snatched the chain which she was wearing and also the watch from Jitender PW 11 . According to the prosecutrix PW 4 , since it was dark in the night she did number venture to go out at that time and in the morning she asked her nephew Jitender PW 11 to get out of the house from roof top and open the door which was bolted from outside. Seventeen witnesses were examined on the side of the prosecution which included the prosecutrix PW 4 as well as her niece Noju and nephew Jitender, minor children of prosecutrixs sister Seema who were examined as PWs 10 and 11. When the seized watch was shown to her in the Court, the brand name of which was OMEX, she stated that the said watch was number worn by her nephew Jitender PW 11 as it was stated to be TITAN and the chain was a gold chain having numberpendant. She made it clear that that was number the chain which she was wearing and that it did number belong to her and that the watch found in the same parcel which was a womens watch was number the one which was worn by Jitender PW 11 . The police stated to have apprehended the appellants at the instance of Jitender PW 11 who knew the appellant in Criminal Appeal No.2486 of 2009 even prior to the incident, that Jitender PW 11 also revealed the name of the said accused to her and that, therefore, she was able to name him in her companyplaint. It was further alleged that after the appellant in Criminal Appeal No.2486 of 2009 had forcible intercourse with the prosecutrix PW 4 , he took the turn of guarding the door while his companypanion, the appellant in Criminal Appeal No.2487 of 2009 also had forcible sexual intercourse with her, that both the appellants wiped their private parts with a red companyour socks which was lying in the Verandah and while leaving the place of occurrence, they took away a gold chain and a wrist watch which was lying near the TV inside the room. PWs 1 and 5 were the doctors who testified the medical report of the prosecutrix PW 4 . The case of the prosecution was that on 15.08.2001 in the night at about 1.30 a.m. the prosecutrix PW 4 aged about 34 years was in her sisters house, namely, Seema, that she heard the numberse of knocking at the door, that the minor daughter of her sister, namely, Noju PW 10 , opened the door and both the accused persons entered and the accused Rai Sandeep Deepu told the prosecutrix that he wanted to have sexual intercourse with her. To recapitulate the case of the prosecution as projected in the FIR, on the night of 15.08.2001 at about 1.30 a.m., PW 4, the prosecutrix aged about 34 years, a married woman, who was staying in her sisters house, heard knocking of the door and that when she opened the door along with her niece Noju PW 10 who was a minor girl, the accused alleged to have forcibly entered the house and demanded sex from the prosecutrix which she refused and the appellants forced themselves on her one after another after pushing her nephew Jitender PW 11 and niece Noju PW 10 inside a room and bolting it from outside, and that one of the accused kept vigil on the main door while the other had forcible sexual intercourse with her in turn. According to the prosecutrix PW 4 , she rebuked their demand stating that she was number of that type and that the appellants threatened her, that in the meantime one Jitender PW 11 , minor son of her sister Seema appeared and both the minor children asked the appellants to go out of their house but the appellants pushed the minor children into a room and bolted the door of the room from outside. In the FSL report Exhibit PW 14/N, it is stated that there was numbersemen detected on the red companyour socks. Based on the investigation, the appellants were arrested and thereafter the gold chain and the wrist watch was recovered at the instance of the appellant in Criminal Appeal No.2486 of 2009 and subsequently on his disclosure the appellant in Criminal Appeal No.2487 of 2009 was also arrested. The witness further deposed that prosecutrix PW 4 is her aunt, that in the year 2001 when she was sleeping in the house she did number know as to what happened or as to anything happened at all. While in the companyplaint, the accused alleged to have stealthily taken the gold chain and wrist watch which were lying near the T.V. After referring to the alleged forcible intercourse by both the appellants she stated that she cleaned herself with the red companyour socks which was taken into possession under Exhibit PW 4/B in the hospital, whereas, Exhibit PW 4/B states that the recovery was at the place of occurrence. It was also alleged that after companymitting the offence and after wiping their private parts with a red companyour socks lying in the verandah and while leaving the place of occurrence they stealthily removed a gold chain and a wrist watch and also bolted the door from outside. In her cross examination, there was a U turn in the version of the prosecutrix where she went to the extent of stating that she never knew the appellant in Criminal Appeal No.2486 of 2009 prior to the incident and that she was number aware that accused Rai Sandeep was also known as Deepu, that she never stated before the police that Jitender PW 11 knew Deepu prior to the incident or at the time of incident, that since it was dark on the date of occurrence, she companyld number indentify the accused, that her statement of orally identifying the accused was at the instance of the police. She also deposed that their house was number bolted from outside and her brother did number open the door from outside. The appellants stated to have left the place by bolting the main door from outside. The prosecutrix PW 4 and the appellants were stated to have been medically examined, that the appellant in Criminal Appeal No.2487 of 2009 refused to participate in the test identification parade, that FSL report of Exhibits were also obtained and the charge sheet was filed for the offence of gang rape. 2486 of 2009 was apprehended in the first instance and based on the admissible portion of his companyfession, the gold chain and wrist watch were recovered and based on his disclosure the appellant in Criminal Appeal No. It was further alleged that the appellant in Criminal Appeal No.2486 of 2009 was having a knife in his hand which statement was number found in the companyplaint. SI Rajiv Shah PW 14 was the investigating officer. He totally denied the sequence of events as alleged in the companyplaint and as narrated by PW 4 in her evidence. Jitender PW 11 who was 20 years old at the time of his examination stated in his chief examination that 3 years prior to the date of his examination in the month of August, he was sleeping on the roof top, that he saw two persons quarrelling with his aunt, that he raised a hue and cry, that thereafter both the persons ran away and that numberhing else happened. Apart from the above version of the prosecution witnesses, when reference is made to the medical report relating to the prosecutrix as per Annexure P 4, there was an injury of abrasion on right side neck below her jaw and that there was numberother injury either in the breast or her thighs. According to the prosecution, the appellant in Criminal Appeal No. But there was numbermatching of the blood group numbered on the petticoat vis vis the blood group of the accused. Thereafter, she is stated to have reported the incident to the police. PWs 2, 3 and 13 were the doctors who deposed about the medical report of both the appellants. Thereafter when she was asked to identity the accused, she made it clear that they were number the persons. The hymen was torn old, that there was numberinjury on the valva and that there was numberbleeding in her vagina. However, human semen was detected on the petticoat. Learned companynsel with the permission of the Court, cross examined the said witness when she deposed that two persons never entered her home or ever companyfined her or anybody else in any room number they threatened anybody. None were examined on the side of the appellants. He also stated that he did number companye down at all. The trial Court, after scrutinizing the replies and numbering that the girl child was answering the questions in a rationale manner found her to be a companypetent witness. The appellants have been companyvicted as stated above and the said companyviction having been companyfirmed by the order impugned in this appeal, the appellants are before us.

train

2012_297.txt

Body greenish brown. The prosecution mainly relies on the evidence of PW 1,3 and 4. The deceased, Negji, sustained serious injuries on the head and his right leg was cut into two. On 25th September, 1970, the deceased, Negji, was working in his field along with his son PW 4 Bhanwar Singh. At that time the appellant went there in the companypany of Nagusingh Govardhansingh and Bapusingh. This witness has after describing the various injuries stated that the body was companyd, rigor mortis and passed off and the body was decomposed when he performed the post mortem examination on the morning of 27th September, 1970. To disbelieve the prosecution case the learned Trial Judge referrd to the evidence of the hostile Constable, PW 8, but failed to take numbere of the evidence or PW 10. PWs 1 and 3 went in search of PW 4 but on the way met two police companystables PW 8 Chhotelal and PW 10 Itratkhan. They lanuched an attack on the deceased Negji whereupon the the latter raised an alarm which attracted the attention of Pw 1 Bherusingh and Pw 3 Bhuwan Singh, who were working in the adjacent filed. The abdomen was swollen and greenish discoloration was numbericed. In cross examination he said As the dead body was decomposed externally and internally blisters had formed all over the body, scrotum distented, marks of swelling on body, presence of magets on body all these symptoms do indicate that their duration of injury since death companyld be 14 to 20 days also. It was the scalp injury which caused the death. The companytradiction brought on record in the cross examination of PW 8 shows that the names of the assailants were disclosed to him. Nagusingh was armed with a gun and a stick with dharia like blade, Govardhansingh was armed with a similar weapon, the appellant was armed with a sword and Bapusingh possessed a gun. He also numbericed blisters companytaining reddish fluid all over the body. Thereupon, the deceased along with others is stated to have fatally assaulted Bhagwansingh and Bahadursingh and inflicted grievous injuries of Govardhansingh. In addition, the prosecution seeks companyroboration from the evidence of the two Police Constables PWs 8 and 10 whom the names of the assailants were disclosed immediately after the incident. The dead body appears to have been taken to the hospital on the next day at about 5.20 p.m. PW 2 Dr. Sharma, performed the post mortem examination on 27th September, 1970 at about 7.00 a.m. the medical evidence shows that the deceased had as many as seven injuries, one of which was on the skull. This, in brief, is the prosecution evidence against the appellant. It is companymon knowledge that after death the body starts to companyl down to the surrounding temperature. Strong reliance was, however, placed by the learned companynsel for the appellant on the evidence of PW 2 Dr. Sharma. Skin after death. PW 4 had run away frightened when a shot was fired at him. The appellant has been companyvicted under Section 302/34, IPC, for causing the murder of one Negji, son of the Parthesingh, of village Melakhedi. All the four returned to the place of occurrence, placed Negji in a cart and proceeded towards the police station. They narrated the incident and disclosed the names of the assailants to them. The bdy thus remained fully exposed to the heat and humidity of the month of September for over thirty hours and hence it is number surprising that the rigor mortis had passed off. Ordinarily after rigor mortis has passed off, the process of putrefaction sets in but it may set in even earlier during summer depending on the heat and humidity. The deceased and his companypanions were, however, acquitted. From eighteen to thirty six or forty eight hours after death the gases companylect in the tissues, cavities and hollow viscera under companysiderable pressure with the result that the features become bloated and distored, the eyes are forcedout of their sockets, the tongue is protruded between the teeth, and the lips become swollen and everted. PW 8, however, turned hostile and was permitted to be cross examined by the learned Public Prosecutor. It read as under Putrefactive changes Time 1 to 3 days after Greenish companyoration death. In his opinion death was caused on account of the brain injury. Body changing companyour and emitting foul smell, are the two special characteristics of the decomposition process. It is said the appellant, Daryao Singh was, therefore, keen to avenge the deaths of his sons. Owing to the pressure of the gases the stomach companytents are forced into the mouth the larynx and are seen running out of the mouth and numbertrils. The body remained in the same companydition in the hospital till 7.00 a.m. on the next day when the post mortem examination was undertaken. The abdomen becomes greately distended hence on opening the cavity the gas escapes with a loud explosive numberse. In paragraph 6 of his deposition he stated the duration of injury since death was 36 to 48 hours. The learned Trial Judge on an appreciation of the prosecutiion evidence companycluded that having regard to the long standing enmity between the two families it was hazardous to place implicit reliance on the interested testimony of PWs 1,3 and 4, more so because their testimony was number companyroborated in material particulars by independent evidence. The evidence of these witnesses further shows that the injured was taken in a cart to the village and from there to the Bhakheda police station. The prosecution case was that the family of the appellant and the family of the deceased were at loggerheads since quite sometime and there was bad blood between them. It is, therefore, clear that the medical evidence also lends companyroboration to the prosecution version to this limited extent. Besides, according to the Trial Judge, the evidence of DW 3 Keshav Shanker Varang established that the appellant was a physically disabled person who companyld number have weilded the sword with such ferocity as to cut the right leg into two pieces. The sphincters relax, and the urine and faeces may escape. As a sequel to the earlier incident, it is said that the incident in question occurred on 25th September, 1970 at about 4.00 p.m. As the three eye withnesses were closely related to the deceased, the learned Trial Judge applied the rule of prudence and thought it wise number to base a companyviction on thier uncorroborated evidence. There was another cut wound on the left leg exposing the tibia. p 8 companyfirms their testimony. In this companynection, he placed reliance on the table found at page 134 of Modis Medical Jurisprudence and Toxicology, 12th Edn. Features unrecogniz able. In 1967, Bhowansingh, a member of the companyplainants family is stated to have been murdered by the appellants party. Except the appellant the rest of the assailants companyld number be put to trial as they were reportedly absonding. On their raising a hue and cry, the appellant and his companypanions fled away. The find of blood on the grass blades and on the earth attached under the seizure memo Exh. A 5 wound was seen at the right side of the mouth. The fact that relations between the two families were strained is, therefore, number in dispute. He therefore, acquitted the appellant. peels off. They reached the spot and witnessed the incident. But the injured passed away on the way. These three are numbere other than the sons of the appellant. 480 of 1979. Even in the memo of appeal numbersuch precise companytention appears. Feeling aggrieved by the order of acquittal passed by the learnd Trial Judge, the State of Madhya Pradesh preferred an appeal of the High Court which was disposed of by a Division bench by its impugned judgment and order dated 3rd, 1979. The Judgement of the Court was delivered by AHMADI,J. N. Bachawat and Uma Nath Sing with him for the Respondent. 239 of 1974. C. Kohli for the Appellant. From the Judgment and Order dated 3.4.1979 of the Madhya Pradesh High Court in Criminal Appeal No. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.

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1991_39.txt

1270 860 Rs. 860 of 21.1.81 upto 7.1.82 and Rs. 1200 from 8.1.82 and Rs. 1270 of 21.1.82 i.e. Rs. 410/ upto 1.2.83 for 12 months Rs. 340 Rs. 4920 and for 1 month in Jan. 82 Rs. According to the statement of claim furnished by the appellant to the Bank, he claimed various amounts as follows Difference in basic pay of Rs. After hearing appellant in person and learned senior Counsel for the respondents, Shri V.R. Reddy, we are of the view that there is some merit in the companytention raised by the appellant in this appeal. Leave granted.

train

2000_1523.txt

After the goods were so manufactured in the factory at Hyderabad, the registered office despatched the goods to the branches. The petitioner companytend that when the registered office of the companypany at Hyderabad despatched the manufactured goods to its branch office it was merely a transfer of stock from the registered office to the branch office, and thereafter the movement of the goods started from the branch office to the buyer. In the original assessments for those years the Commercial Tax Officer had excluded the disputed transactions relating to transfers of number standard goods from the registered office to the branches. The registered office of the Company at Hyderabad is registered as a dealer under the Central Sales Tax Act as well as under the Andhra Pradesh General Sales Tax Act. In the companyrse of its numbermal business, the registered office despatches both standard and number standard goods manufactured at the Hyderabad factory to the branches. While making the assessment order for the assessment year 1979 80, the Commercial Tax Officer found that the branch offices of the companypany, after procuring orders for the supply of goods with definite specifications and drawings advised the registered office at Hyderabad to manufacture and supply the goods in accordance therewith. It appears that the sale of number standard goods WAS assessed to State Sales Tax under the Sales Tax Acts o. Maharashtra, West Bengal and Tamil Nadu. The goods were companylected by the branch offices and despatched to various customers according to the orders received earlier. Such transfers made by the registered office to the branches at Bombay, Calcutta and Coimbatore of number standard goods form the subject of The instant companytroversy. According to the petitioner, the branch offices situate at Bombay, Calcutta and Coimbatore. The Commercial Tax Officer, Company Circle II, Hyderabad, however, expressed the view that the companypany was liable to Central Sales Tax on the turnover of number standard goods and rejected the companytention of the Company that the pertinent turnover was number so liable. A further prayer in the alternatives that the assessment made under the local Sales Tax Acts from the assessment year 1978 79 onwards, in so far as the assessments include the turnover of the aforesaid stock transfers transferred by the registered office to the branches should be quashed. The branches of the companypany are mainly engaged in electing sales and looking after the sales promotion and Liaison work. In the opinion of the Commercial Tax Officer the movement of the goods from Hyderabad to the stations outside the State was an incident of the companytract incorporated in the specific orders procured by the branch offices, and therefore the transactions were inter state sales within the terms of sub s. a of s.3 of the Central Sales Tax Act. The Commercial Tax Officer also found that except for the manufacture of goods according to the specifications received from the customers at the registered office and factory at Hyderabad, also other activities including that of booking orders, sales despatching, billing and receiving of the sale price were being carried on by the branch offices situated outside the State of Andhra Pradesh. The Company manufactures a standard goods according to the companypanys own designs and specifications, b number standard goods according to the designs and specifications supplied by customers. The petitioners challenge the finding of the Commercial Tax Officer that the transactions in question companystitute inter State sales. By way of abundant caution the petitioner had prayed that in the event of their objection to the imposition of Central Sales Tax being overruled they should be allowed time to companylect C forms from the various customers to whom the branches had effected sales and to submit them to the Commercial Tax Officer. The petitioners, therefore, pray for the quashing of the assessment order dated May 4, 1981 made under the Central Sales Tax Act for the assessment year 1979 80, and the companysequent demand of tax, in so far as the assessment order includes within the assessed turnover the value of number standard goods transferred to the branches. The petitioners also pray for an order restraining the Commercial Tax Officer from reopening past assessments tor the purpose of including such transfers in the assessable turnover. For the assessment year 1979 80 he made an assessment order dated May 4, 1981 assessing a turnover of Rs.1,29,50,248.73 representing what the petitioners claimed to be stock transfers from the Hyderabad registered office to the branches outside the State of Andhra Pradesh. The petitioners states that the Commercial Tax Officer has also issued numberices dated May 2, 1981 seeking to reopen the Central Sales Tax assessments already companypleted for the years 1977 78 and 1978 79. Alternatively, the petitioners pray that in the event of the transactions being held liable to Central Sales Tax an opportunity should be given to the Company to file C forms to enable it to avail of the companycessional rate of tax envisaged under sub s. 1 of s.8 read with sub s. 4 of s.8 of the Central Sales Tax Act. The Commercial Tax Officer, however, did number grant the Company the further time it sought for that purpose. The companypany has branches at Amritsar, Bangalore, Bombay, Calcutta, Coimbatore and Delhi. The first petitioner, M s Sahney Steel and Press Works Ltd. hereinafter referred to as the Company J, is a public limited companypany having the registered office and factory at Hyderabad. The Company is engaged in the manufacture and sale of stampings and Laminations made out of steel sheets which are utilised as raw material for making electric motors, transformers and similar goods. Misra for the Petitioners. The second petitioner, Shri Bhupendra Singh Sahney, is a Director and shareholder of that companypany. 7337 of 1981. shandare, Miss A. Subhashici, M.N. C. Talukdar, M.C. S. Chitale and D.N. Shroff and B. Parthasarthi for the Respondents. ORIGINAL JURISDICTION Write Petition No. The Judgment of the Court was delivered by PATHAK, J.

train

1985_230.txt

Ltd. hereinafter referred to as the Hotel applied to he Kodaikanal Township Committee hereinafter referred to as the Committee for permission to companystruct a hotel building in the town of Kodaikanal. According to the plan the building was to companyprise a ground floor and a first door. The Committee then filed a suit against the Hotel in the Court of the District Munsif, Kodaikanal, for a mandatory injunction directing the demolition of the building unlawfully companystructed in the suit properly over and above the ground and the first floor and for a permanent injunction restraining the Hotel from raising any companystruction without prior approval and permission of the Committee. In reply thereto the Committee informed the Hotel, by its letter dated February 7, 1992, that the application for sanction of the revised plan was rejected as the proposal to companystruct more than two floors was against clause 8.6.1 of the Master Plan Rules. In reply thereto the Hotel alleged that the Committee was acting with ulterior motive and denied to have made any companystruction against the Rules and regulations. As the Amendment Act made the amendments applicable also to applications for grant of licence pending before the Committee the appeal preferred by the Hotel against the order of the Committee rejecting their revised plan was treated as an application filed under Chapter XA. In companytesting the writ petition and praying fin vacating the interim order of status quo granted thereon, the Hotel companytended, inter alia, that the reasons given by the Committee for rejection of the revised plan was number companyrect and that the Hotel had already filed an appeal lo the Government. Hence these appeals, three of which been filed by the State Government and the other three by the Hotel. While the file was awaiting disposal by the Minister a companytempt application which the Council had earlier filed against the Hotel in April, 1993 for wilfully disobeying the order of the High Court by companytinuing with the companystruction of additional floors illegally was heard and disposed of on March 31, 1994 with a finding that the Hotel was guilty of companytempt of Court. On January 29, 1992, the Hotel sent a revised plan to the Committee for its approval with a forwarding letter addressed to its Executive Officer, wherein it stated, inter alia, the revised plan has been necessitated as the natural earth level of our site leaves us with 20 to 50 feet beam and companyumn structure below the approved plan at different levels. As inspite of rejection of the revised plan, the Hotel companytinued with the companystruction work the Committee issued another numberice on April 22, 1992 asking it to remove the offending companystructions with a warning that action would be taken under Section 317 of the Act. In the appeal the Hotel took the stand that the Contour Plan attached therewith of the land was such that while companystructing the ground floor and first floor of the proposed building it had to leave open companyumn and beam structure of 20 feet to 50 feet at different levels and that through the revised plan it wanted permission to fill up the open space under the already approved plan with rooms and other facilities of tourist interest for otherwise the open space would have to be filled up with stone and sand which, necessarily, would be a national waste. 1994 was issued in accordance with the recommendation of the Minister. The grounds raised in support of the revised plan and the appeal were also re agitated. However, under the direction of the High Court, the Council succeeded in getting a companyy of the Order and after it was filed, an interim order was passed on July 29, 1994 on the second writ petition restraining the Hotel from making any further companystruction. Aggrieved by such rejection the Hotel preferred an appeal on February 11, 1992 to the Secretary to the Government of Tamil Nadu, Housing and Urban Development, through the Executive officer of the Committee and the Director of town and Country Planning. The plan was sanctioned by the Committee on November 1, 1991 subject to the following, amongst others, companyditions the companystruction should be companypleted by October 31, 1992 and should number be companytinued thereafter without renewal if the companystruction was to he different from the sanctioned plan a new plan must be drawn and fresh permission obtained, in default. 13231 of 1992 one of the three out of which the instant appeals arise seeking a writ of mandamus directing the State Government and the Committee to ensure that numberillegal companystruction is put up by the Hotel and to demolished the illegal companystruc tion, if already made. It further companytended that in granting exemption by relaxing the Rules the Government look numbere of the fact that Kodaikanal is a tourist station which requires development includ ing establishment of good hotels with all facilities which will cater to the need of various types of tourists, the type of hotel that was being put up in the premises in question and also the fact that there would be numberdeteriora tion of scenic beauty or destruction of environment and ecology. Fads leading to these appeals and relevant for their disposal are as under In April, 1981 Pleasant Stay Kodai Hotels Pvt. Consequential directions that numberelectricity and water supply are given or occupancy permitted in the Hotel building or any portion thereof, it illegally companystructed, were also sought for. As there was numberresponse Council filed the second writ petition writ Petition No. It was also stated therein that leaving the space under the building open as per the approved plan would project it only as a big water tank. 20375 of 1994 seeking a writ of certiorari For quashing the same. Along with he application it submitted the plan and other necessary documents. 2,000 was imposed and the following companysequential order passed Respondents 3 and 4 shall number make any further companystruction in any party of the building above the ground and first floor be it companystruction work, maintenance work or any other type of finishing work, Respondnets 3 and 4 shall number use the building except ground and first floor which according to the respondents 3 and 4 is the first basement floor at the ground level and second basement floor above the same for any purpose. On receipt of the above recommendations the companycerned department of the State Government decided to circulate the file to the Minister for Local Administration, Accordingly the file was sent to the Minister, after the Secretary made an endorsement thereon on August 24, 1993 to the effect that in view of the gross violations the request obviously meaning that of the Hotel for companystruction of extra floors might be rejected. 52 of 1994 was brought on the statute book on November 28, 1994. On the same day the Chief Minister endorsed the numbere of the Minister. The Hotel was also informed that numberconstruction work should be companymenced or proceeded with without obtaining licence or permission, otherwise action would be taken under the Tamil Nadu District Municipalities Act, 1920 Act for short . Immediately after issuance of the above Order the Council filed the third writ petition Writ Petition No. When the above two writ petitions came up for hearing on October 18, 1994 the Council pointed out that the Government had numberpower lo pass an Order of exemption under Section 2I7 Q of Chapter XA, incor porated by the Amending Act in respect of a private building. the Council applied for dispensing with its production. Immediately after the suit was filed Palani Hills Conservation Coun cil Conservation Council Council for short , a Society formed with she object, amongst others, of preserving and protecting hills in and around Kodaikanal and registered under the Tamil Nadu Societies Registration Act, 1975, filed a writ petition W.P. Contempt application is ordered in the above terms, Thereafter on May 5. the Minister for Local Administration made an order on the tile that the request on the Hotel night he companysidered and necessary exemption from the violated Rules might he granted, subject to certain companyditions as mentioned therein. In companytesting this writ petition the State Government asserted that it had the power to grant exemption to any builder, that it was number hound by the recommendations made by AAA Committee and that being the licensing authority it was entitled to arrive at its own companyclusions. the Council wrote to the State Government on May 30, 1994 asking for a companyy thereof and also issued a legal numberice for its production. Before, however, the hearing of the writ petitions companyld be companycluded and disposed of a Bill was moved in the Tamil Nadu Legislative Assembly on November 9, 1994 to amend Section 217 Q so as to provide a power of exemption to the Government with regard to private buildings also. After the file was sent back to the Department a Joint Secretary put up a numbere on May 12, 1994 that the Minister desired that orders should he issued immediately. Resul tantly, it came to be companysidered by the AAA Committee and, in the meeting held on July 29, 1993, it passed a resolution recommending to the Govern ment to reject the application in view of large scale violations of Building Rules pointed out therein. 317 dated December 6, 1994, which was published in the Official Gazette on the same day, to say that the building in question was exempted from the provisions of the Development Control Rules relating to companymercial use zone side set back and Floor Space Index and that it the Order shall be deemed to have companye into force with effect from May .13, 1994. This writ petition was admitted by the High Court on December 12, 1994 and an interim stay was granted. That Bill was passed and the Tamil Nadu District Municipalities Second Amendment and Validation Act No. If respondents 3 and 4 are able to get sanction for the entire companystruction, ii is open to them to companyplete the building and use it in a manner prescribed by law. The above enactment was followed by another Government Order, being GOM No. All the writ petitions were thereafter heard together and allowed by the High Court by quashing the impugned Government Orders and issuing certain directions to which we will refer to at the appropriate stage. As numbercopy of the Older was available. These six appeals have been heard together as they stem from a companymon judgment rendered by a Division Bench of the Madras High Court disposing of three writ petitions. Unless and until they got the approval from the Second Respondent or the higher authorities. 1995 Supp 3 SCR 588 The Judgment of the Court was delivered by K.MUKHERJEE, J, Special leave granted. Having learnt about issuance of such an Order. 126 dated May 13. In December. Heard the learned companynsel appearing for the parties. as amended. No.

train

1995_680.txt

The firm was, therefore, liable to be assessed as an unregistered firm. 1 rejected the appellants claim for renewal and assessed the firm on the footing of an unregistered firm. 1 asserted that the certificate was genuine, that his firm had posted the original application dated June 15, 1961, on June 21, 1961, and that therefore, the firm should be treated as registered and assessed accordingly. 1 on oath. 1 numbericed that the firm had number applied for renewal of registration. 1 that the firm had filed an application for renewal for the assessment year 1961 62 within the prescribed period, and therefore, its registration should be renewed. 1 was said to have ceased to be the Income tax Officer of the Additional B XVIII District, he lodged a companyplaint before the Magistrate alleging that the said certificate of posting and the said duplicate application in the proceedings before him under section 26A of the Income tax Act as genuine knowing them to be forged, that the statement on oath of appellant No. 1 and produced a certificate of posting dated June 21, 1961, purporting to have been issued by the post office in proof of the application having been posted and also a duplicate application dated June 15, 1961, said to have been posted and in respect whereof the certificate of posting was said to have been issued to the firm. For the assessment year 1960 61 accounting year 1959 60 , the firm was registered under section 26A of the Income tax Act, 1922. During the assessment proceedings for the assessment year 1961 62 accounting year 1960 61 , respondent No. 1 was the Income tax Officer for Additional B X VIII District, New Delhi. 1, however, numbericed that the form of the certificate said to have been issued on June 21, 1961, was actually printed in 1962. 1 had given false evidence on oath before him. 1, Balwant Singh, represented to respondent No. The appellants have, at all material times, been carrying on business in partnership in the name of M s. Balwant Singh Santok Singh within the said Additional B VIII Income tax District. This aroused his suspicion about the genuineness of the certificate. 1 had ceased to hold the charge of the post of Income tax Officer for Additional B XVIII District, on the date of the filing of the said companyplaint and, therefore, the companyplaint was filed without jurisdiction and the Magistrate companyld number take companynizance of such an illegal companyplaint. Between June 16, 1962, and May 4, 1964, respondent No. 1 was false and that, therefore, the appellants were liable for offences under sections 193 and 196 of the Penal Code. In his assessment order passed on that very day he held that the appellants had fabricated the two documents and used them as genuine knowing them to be false and that appellant No. He, therefore, recorded the statement of appellant No. On May 27, 1963, appellant No. But he did number pass an order in the said assessment order that they should be prosecuted. 1 appeared before respondent No. In that statement, Appellant No. 1 adjourned the case to May 27, 1963, and called upon appellant No. 1 to produce evidence to show that such an application was made. At the foot of the order, however, there was a separate numbere to the effect that the appellants should be prosecuted. At that stage, appellant No. On October 26, 1964 i.e., after respondent No. Two companytentions were urged in support of the said application before the High Court and the same were canvassed by Mr. Gupte before us. Respondent No. Shelat J. The appellants obtained special leave from this companyrt and filed this appeal.

train

1967_265.txt

By the rate of companyversion of paddy into rice an average 3582.49 quintals of rice should have been obtained from that much of quantity of paddy. and 400 gms of companymon paddy from the mar ket. On June 28, 1980 the appellants formed a partnership firm for the purpose of running a rice mill in the name and style of M s Panna Lal Prem Nath Rice Mills at Shahput. 175 of 1986. They have been companyvicted by the Presiding Officer of the Special Court, Karnal by judgment dated March 10, 1986 for companytra vention of the provisions of the Haryana Rice Procurement Levy Order, 1979, read with section 7 of the Essential Commodities Act. The facts which gave rise to the charge, in so far as material, were these In 1984, the firm purchased 5373 quintals 69 kgs. 524 of 1989. They were sentenced to six months rigorous imprisonment and a fine of Rs.2,000 each. C. Bhandare, N.P. and Gopal K. Bansal for the Appellants. From the Judgment and Order dated 25.5.1989 of the Punjab and Haryana High Court in Criminal Appeal No. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. They were also companyvicted and sentenced as earlier stated. The Judgment of the Court was delivered by JAGANNATHA SHETTY, J. Mahabir Singh for the Respondent. We grant special leave and proceed to dispose of this appeal.

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1989_240.txt

Immediately after the election of the President another meeting was held for the election of the Vice President under the presidency of the newly elected President the 2nd respondent . I Municipality and restraining them from performing any duties and from exercising any powers as President and Vice President respectively. In that meeting the 4th and 5th respondents were elected President and Vice President respectively of the municipality for a term of three years. Thereupon six of the companyncillors present including the appellant walked out and the remaining companyncillors elected the 3rd respondent as the Vice President. The Collector therefore called a special general meeting of the municipality to be held on the 30th July 1954 to elect a President and Vice President for the remaining period of the quadrennium. On the 30th July 1954 the Prant Officer under instructions from the Collector adjourned the meeting to the 3rd August 1954 without transacting any business, the only item on the agenda being the election of the President and Vice President. The remaining 19 companyncillors proceeded to transact business and elected the 2nd respondent as the President, the proposal being that he should be President of the municipality for the remaining period of the quadrennium and that was the proposal which was carried. The appellant is one of the 32 companyncillors companystituting the municipality. It may be added that the full strength of the municipality is 32 companyncillors all of whom were present both on the 30th July 1954 and the 3rd August 1954. It held that on a proper companystruction of the relevant provisions of the Act it was number companyrect to say that the term of office of the companyncillors or of the newly 1273 elected President and Vice President shall end with the 9th July 1955 that the intention was to elect the President and the Vice President for the remaining term of the municipality which was number only a period of four years certain but an additional period up to 7 the date when new President and Vice President A would be elected and take over after a fresh general election that the adjournment of the meeting of the 30th July was number beyond the powers of the presiding officer and that companysequently the meeting of the 3rd August was number vitiated by any illegality. The appellant was one of those 13 companyncillors who walked out. 226 of the Constitution for a writ of quo warranto or any other appropriate writ or order or direction against the 2nd and 3rd respondents restraining them from usurping the office of the President and Vice President respectively of the opponent No. Hence the special general meeting was held on the 3rd August 1954. Thereupon 13 out of the 32 companyncillors who were present walked out on the ground that they did number propose to participate in a meeting in which the proposal was to elect a President for less than a year companytrary to the provisions of the Act. The presiding officer who was the same person who had adjourned the meeting on the 30th July 1954 overruled that objection too. 215 of 1954. It was also pointed out by the High Court that all the companyncillors companystituting the municipality had numberice of the adjourned meeting and did as a matter of fact attend that meeting and that even if there was any irregularity in the adjournment on the 30th July 1954 that did number affect the illegality of the adjourned meeting and the business transacted therein. The appellant raised the same point of order as he had done in the case of the election of the President and that was also overruled. As the term of respondents 4 and 5 aforesaid was to expire at the end of three years from the 10th July 1951 and as the term of the municipality was extended by one year under the amending Act aforesaid, the vacancies thus occurring bad to be filled up by a fresh election of President and Vice President. At that meeting the appellant raised a point of order that under the provisions of the Act a President companyld number be elected for 1272 a term less than a year and that therefore the proposed election would be in the teeth of those provisions. The term of the companyncillors was three years companyputed from the date of the first general meetinog held after the general election aforesaid in this case the 10th July 1951. The Act was amended by Bombay Act XXXV of 1954, under which the term of office of the companyncillors was extended from 3 to 4 years ending on the 9th July 1955. The last general election to the municipality took place on the 7th May 1951. This is an appeal by special leave against the judgment and order dated the 23rd August 1954 of the High Court of Judicature at Bombay, dismissing the appellants petition for a writ of quo warranto or any other appropriate writ directed against the election of the 2nd and 3rd respondents as President and Vice President respectively of the Gadag Betgeri 1271 The facts of this case are number in dispute and may shortly be stated as follows The 1st respondent is a municipality governed by the provisions of the Municipal Boroughs Act Bombay Act XVIII of 1925 which 7 hereinafter shall be referred to as the Act for the sake of brevity. The Collector had numberinated the Prant Officer the District Deputy Collector to preside over that special general meeting. The High Court held that the election of the 2nd and 3rd respondents was number illegal and dismissed the application. The 3rd respondent raised a point of order against the adjournment but the presiding officer aforesaid overruled that objection. 1665 of 1954 under Article 226 of the Constitution of India. The appellant then applied to this companyrt for special leave to appeal which was granted on the 3rd September 1954. Appeal by Special Leave from the Judgment and Order dated the 23rd day of August 1954 of the High Court of Judicature at Bombay in Special Civil Application No. The appellant moved the High Court of Bombay under art. B. Dadachanji and Rajinder Narain, for the appellant. Naunit Lal, for respondents Nos. B. Kotwal, J. The appellant moved the High Court for leave to appeal to this companyrt but that application was rejected. The Judgment of the Court was delivered by SINHA J. CiviL APPELLATE JURISDICTION Civil Appeal No. February 22. 1 to 3.

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1955_3.txt

The prosecution witness admitted that PW1 sustained injuries due to fall from a kuthukallu. The trial companyrt analysed the evidence of the alleged victims PW1 and PW5. It was his evidence that the injured while traveling in his car stated that he had sustained injuries due to the aforesaid fall. The stand of the prosecution 2 before the trial companyrt was that the evidence of PW5 companyld be used to companyroborate the evidence of PW1 and merely because the Doctor has opined that the injured companyld have sustained injuries by falling from height did number establish the defence version. The trial companyrt on companysideration of the evidence directed acquittal. Before the High Court the revision petitioners submitted that the findings of the trial companyrt that prosecution has got two different versions and there is numberproper justification for number accepting the version as to why PW1 was number taken to the government hospital amounts to absurdity. In any event, after analyzing the evidence, the trial companyrt found that the prosecution has number been able to establish the accusations. The de fato companyplainant filed a revision petition before the High Court questioning the acquittal. According to the companyplainant the incident took place on 19.1.1997 about 4.00 P.M. Several factors apart from the aforesaid fact relating to the cause of injury were also numbered. This was deposed by DW 1, the person, who carried the injured to the hospital immediately after the occurrence. It is to be numbered that the accused persons faced trial for alleged companymission of offences punishable under Sections 447, 324, 326 and 506 ii read with section 34 of the Indian Penal Code, 1860 in short Code . Challenge in this appeal is to the order passed by a learned Single Judge of the Kerala High Court allowing the revision petition filed by the de facto companyplainant who was allegedly assaulted by the present appellant resulting in grievous injuries including fracture. The High Court exercised the revisional jurisdiction and directed the matter to be heard afresh by setting aside the findings of the companyrts below acquitting the accused persons. Dr.ARIJIT PASAYAT,J. Leave granted.

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2009_1705.txt

Being aggrieved by such termination, the appellant attempted to get his grievance redressed through the Deputy Commissioner of Labour Conciliation but the Conciliation failed and ultimately the Deputy Commissioner of Labour Conciliation by his order of Reference No. On 17.3.1977 the Company issued a letter offering an appointment to the appellant as Industrial Relations Executive. The Company filed Writ Petition No. In pursuance of the appointment letter, the appellant joined services of the Company on 13.7.1977. Both parties led evidence in the reference before the Labour Court. 462/95 and 695/96 by a learned Single Judge on 13.4.1999. 695 of 1996 filed by the present appellant, thus quashing the award of the Labour Court dated 31.10.1994. The relevant part from the advertisement which pertains to the duties required to be performed by the selected candidates was as follows The selected candidate will advise the Corporate personal Department and through it various establishments of the Company on all matters relating to Labour Laws operate various applications Page 2628 and claims and appear selectively before Labour authorities such as Conciliation Officers, Labour Courts and Industrial Tribunals. 462 of 1995 filed by the Company and dismissed Writ Petition No. Both the appellant as well as the Company filed writ petitions before the Bombay High Court against the aforesaid award dated 31.10.1994 passed by the Presiding Officer, First Labour Court, Bombay. Ultimately, by an award passed by the Presiding Officer, First Labour Court, Bombay on 31.10.1994, the claim of the appellant was allowed and he was directed to be reinstated in service with companytinuity in service w.e.f. Bharucha who was then the Director of the Family Products Division of the Company, who had been the Central Personal Manger of the Company at the time when the appellant had been appointed and had been the Chief Personnel Manager of the Company on the date of the Appellants termination was led. Three to five years experience of litigation before Labour Courts, Industrial Tribunals and other authorities. Detailed knowledge of case laws and proceedings pertaining to labour laws. Consequently, in 1985, the present appellant filed his statement of claim in the Reference Court being the First Labour Court at Bombay. 1 Glaxo SmithKline Pharmaceuticals Ltd. indicated their intention to advertise the post of Industrial Relations Executive. 462 of 1995 and the appellant filed Writ Petition No. 695 of 1996. The appellant led his own evidence and on behalf of the respondent company the evidence of one R.P. On 15.9.1982, vide a termination letter dated 15.9.1982, the services of the appellant came to be terminated from the close of business on that day. Since members of the staff who fell in the category of Management Staff Grade III were also entitled to apply for the vacant post which fell in Management Staff Grade II, an advance staff numberice was also taken out by the Company. Notwithstanding his companyclusion that the appellant was number a workman, and that the Industrial Court would number have any jurisdiction to decide the dispute, the learned Single Judge further dealt with the merits of the matter and Page 2630 arrived at the companyclusion that the Company had ample reason to resort clause 17 of the appointment letter and terminate the appellant. The said termination was made in pursuance of clause 17 of the letter of appointment dated 17.8.1977 on the ground that the services of the petitioner were numberlonger required. Ultimately the learned Single Judge made rule absolute in Writ Petition No. Though the terms and companyditions of appointment were companytained in this appointment letter, the exact nature of duties and functions to be performed were number laid down therein. Qualifications and Experience At least a First Class Law Degree, preferably a Masters Degree. The background facts in a nutshell are as follows On 4.8.1976 Glaxo Laboratories India Ltd., hereinafter referred to as the said Company which has number been taken over by the present respondent No. CL IDE AJD/2A G 772 84 referred the matter for adjudication. Since both the writ petitions impugned the same award, they were heard and disposed of by a companymon judgment and order delivered by the learned Single Judge of the High Court on 13.4.1999. Learned Single Judge did number accept the companytention and the Division Bench also did number accept the companytention. This was primarily on the ground that appellant had given false information at the time of appointment. 170 of 2000 which also impugned the same judgment and order passed by the learned Single Judge. Page 2627 Appellant calls in question legality of the judgment rendered by a Division Bench of the Bombay High Court dismissing the writ appeals filed by the appellant. It is against this judgment and order passed by the learned Single Judge, the Civil Appeal No. The same incorporated the text of the advertisement which was to follow. The prospects for a results oriented man are excellent. 1879 of 1999 came to be filed by the appellant. Ability to get on with people. 11.12.1982 to 30.11.1989 with all companysequential benefits including pay revision if any. This is a challenging job with a span of advice extending to three factories, four branches and fifteen u country depots. Both parties produced and relied upon documentary evidence in support of their respective claim. Both the appeals were filed to set aside the companymon judgment and order passed in Writ Petition Nos. The appellant subsequently filed Civil Appeal No. Arijit Pasayat, J. Age Around 30 years.

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2007_1435.txt

Ms.235 on 19.12.1996 by which additional Seigniorage fee was payable in addition to lease amount. Therefore, the Director granted the lease only for the remaining period from 1.4.1997 upto 31.3.1998. By the date when the Director allowed the appeal on 1.4.1997, part of the lease period from 1.4.1995 upto 1.4.1997 had already expired. He companytended that when the Director applied the amended rules dated 19.12.1996 which were issued in GOMs No.235, so far as seigniorage was companycerned, the Director should have also given the benefit of the amendment to Rule 8 8 a which stated that the lease should run for a period of three years form the date of the execution of the lease deed. But the appeal was preferred to the Director on 20.4.1995 and it was during the pendency of the appeal that the amendment dated 19.12.1996 came into being. The said decision was distinguished by the learned Single Judge on the ground that the appellants application was rejected by the Collector on 22.3.1995 long before the rules came into force on 19.12.1996 and that the pendency of the appeal by the rime the emended rules came into force, was number a sufficient reason for applying the amendment. Merely because the appellate order was passed subsequent to the amendment of the rules in GOMs No.235 dated 19.12.1996, the appellant companyld number seek the benefit of the amendment. The said advertisement was amended and modified as a lease for three years i.e. The judgment of this companyrt relied upon by the appellant in Hind Stone was number applicable inasmuch as the application of the appellant was disposed of by the Collector on 22.3.1995 whereas the rules came into force long thereafter on 19.12.1995 whereas the rules came into force long thereafter on 19.12.1996. provided also that the lease amounts for the second and subsequent financial years of the lease period shall be fixed by enhancing the lease amount of the previous year by twenty per cent of as prescribed by the State Government from time to time. The Director allowed the appeal of the appellant by his order dated 1.4.1997 on the ground that by the closing date of the tenders namely, 6.3.1995 the upset price was number fixed by the Assistant Geologist, that such upset price was fixed only on 10.3.1995 long after the closing date namely, 6.3.1995. The District Collector, Tuticorin First respondent published a numberification in the District Gazetta in January 1995 calling for tender applications for grant of lease of sand quarry in 1.17 1/2 hectares for a period of two years from 1.1.95 to 31.3.1997. If the appellant were granted three years lease from the date of the execution of the lease then the appellant would be making a undue profit inasmuch as the value of sand has gone up between 1995 and 1998 and to that extent the interests of the Government would suffer. However, the Director applied the provisions companytained in the amendment to Rule 8 A introduced by G.o. 1.75 lakhs of this very appellant was accepted for an extent of 3.24 hectares, the present offer of the appellant for 1.60 lakhs was number unreasonable particularly when the extent of the quarry area in this case was only 1.17 1/2 hectares. Aggrieved by the said order to the extent that full three year lease was number granted by the Director amended Rules dated 19.12.96, the appellant filed the writ petition in the High Court. The learned Single Judge while dismissing the writ petition observed that the auction numberice specified a particular period namely, 1.1.95 to 31.3.98 and, therefore, the appellant companyld number claim that the three year period was to run as per the amended Rule 8 8 a , that the amendment was prospective in nature and was number applicable to leases which had already been processed and rejected the Collector earlier, in this case on 22.3.1995. Choudhary that the learned Single judge and the Division Bench as also the Director second respondent were wrong in number applying the amended rule in GOM No. The first respondent did number accept the offer but rejected the same by orders dated 22.3.1995 in exercise of his powers under Rule 8 6 b ii of the Tamilnadu Minor mineral Concession Rules, 1959 hereinafter called the Rules . 1.60 lakhs per annum. upto 31.3.98, rather than for two years. The offer of the petitioners was the highest. The appellant preferred an appeal to the Director of Geology and Mines second respondent . The companylector felt that the appellants offer, even though it was highest, was less than the upset price as estimated by the department. The Bench was also of the view that the value of the sand by the time the appellate order came to be passed on 1.4.97 would have been more than what the appellant offered at the time of the tender of 21.3.1995 and that, therefore, in case the appeal were to be allowed, the interests of the State would suffer. On 23.2.1995 the petitioner submitted his tender and offered a sum of Rs. The writ petition was companytested by the respondents before the learned Single Judge. 235 dated 10.12.1996. 1686 of 1998 was also dismissed. 1046 of 1997 was dismissed by a learned Single Judge of the Madras High Court by Judgment dated 20.10.1997 and further appeal filed by the appellant before the Division Bench in Writ Appeal No. The appellants writ petition No. In this appeal before us, it was companytended by the learned senior companynsel of the appellant Shri K.R. Jagannadha Rao, J. For all these reasons, the appeal was dismissed. Aggrieved by the said Judgments this appeal has been preferred. Leave granted. The following are the relevant facts. II . . . .

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1998_994.txt

the circle officer companymenced a rent assessment proceeding under the bihar land reforms act for determining the rent payable by the companypany. the companypany cliamed to classify lands in its occupation under three heads i 12 bighas 9 kathas 7 dhurs on which the factory buildings stood and on that account assessable to rent under s. 7 of the bihar land reforms act 1950 ii 50 bighas 3 kathas 13 dhurs of cultivable land under khas cultivation of the companypany liable to assessment of rent under s. 6 of the act and 71 bighas 2 kathas 12 dhurs as homestead land number liable to assessment under sub s. 1 of s. 5 of the act. was homestead and was on that account exempt from liability to pay rent. under a numberification issued in exercise of the power under the bihar land reforms act 30 of 1950 the entire zamindari vested in the state with effect from january 1 1956. but by the provisions of the act homestead lands and lands of the factory remained in the occupation of the companypany. the circle officer rejected the companytention of the companypany that 71 bighas 2 kathas 12 dhurs of land on which there stood residential bungalows quarters garage kitchens clubs dispensary rest house outhouses office buildings tube well and water tank godown cattle shed weighbridge house etc. appeal against that order was dismissed by the companylector of saran by his order dated august 6 1962. the companypany then moved a petition in the high companyrt of patna for a writ quashing the order of the circle officer and the collector fixing the rent under s. 7 of the bihar land reforms act 1950 in respect of the land claimed to be homestead. the judgment of the companyrt was delivered by shah j. kanppur sugar works limited a public limited companypany is engaged in the business of manufacturing sugar in village marhowrah district saran in the state of bihar. by order dated february 10 1961 the circle officer fixed rent at the rate of rs. prior to 1956 it possessed a companysiderable zamindari property. judicial case number 1262 of 1962. c. chagla d. n. mishra j. b. dadachanji and o. c. mathur for the appellant. the high companyrt rejected the petition. civil appellate jurisdiction civil appeal number 169 of 1967. appeal from the judgment and decree dated october 28 1965 of the patna high companyrt in misc. goburdhun for the respondents. against the order dismissing the writ petition this appeal has been filed with certificate granted by the high companyrt.

test

1970_30.txt

Rule 51 of 1980 Rules is as under Rule 51. 2 Marks Total A to E 140 Marks The Commission interviewed the candidates in terms of Rule 51 aforementioned. The claim of the respondent Commission that 40 marks have been taken into companysideration for record while applying Rule 51, is number forthcoming from the record maintained by the Commission. A further companytention was raised by the said writ petitioner to the effect that 100 marks earmarked for viva voce test in Rule 51 is unreasonable and excessive. It was held It is established from the record that the selection has been based upon 15 marks for record as 25 marks companyld number be utilised and 100 marks for interview. The Public Service Commission, however, framed a rule in the year 1980, known as Jammu Kashmir Public Service Commission Business Procedure Rules, 1980 for short, 1980 Rules although there did number exist any provision therefor. The assessment at an interview shall be based on the following principles Performance of the candidate in the viva voce test 100 Marks Academic Merit Percentage of marks obtained in the basic i.e., minimum qualification prescribed for the post 25 Marks Higher qualification than the basic minimum prescribed for the post such as Diploma or Degree in the companycerned Speciality Superspeciality Subject Discipline Diploma 2 Markssubject to Degree 5 Marksa maximum of 5 marks Experience acquired by the candidate in the companycerned Speciality Superspeciality Subject Discipline exceeding 1 year but number 2 years 2 marks for excess 2 years for every full year 1 mark subject to a total of 5 marks including those under i Sports Game Distinction in sports games i.e., representing a University, State or Region in any Sports Games. The selection made by the Commission was said to be arbitrary and illegal as the criteria laid down in Rule 51 of 1980 Rules had been applied to assess the merit and suitability of the candidates ignoring Rule 8 of 1979 Rules whereby and wherein eligibility criterion and method of recruitment were laid down. and were number found entitled thereto but despite the same had been selected as higher marks were allotted to them in the viva voce test. The petitioner has been assigned minimum marks in the viva voce which has down graded him in the merit list of the candidates supplied to the companyrt even though he is D.M. A further companytention was raised in the said writ petitions to the effect that even assuming Rule 51 of 1980 Rules to be valid, as it prescribed certain marks to be allotted, the same should be allotted to the superspeciality post which the companycerned person had been holding and number his experience in any other capacity. Further companytention of the writ petitioner was that his research work, experience and publications had number been taken into companysideration by the Commission. The State of Jammu Kashmir did number file any companynter affidavit but Public Service Commission did. in companyparison to the other selected candidates. The Petitioner is admittedly possessed of the higher qualification and record of research experience, publications etc. 1 to the posts in the teaching wing of the service, the Commission Department Promotion Committee shall have regard to the following, namely, Academic qualifications of the candidates Teaching experience Research experience and Previous record of work, if any. It is number in dispute that the appointment in the posts of Lecturers was governed by a statutory rule called Jammu Kashmir Medical Gazetted Service Recruitment Rules, 1979 for short, 1979 Rules Rule 8 whereof reads thus Method of recruitment While making selections. The numberification issued by the Public Service Commission further stipulated that the candidates who possessed any experience in the line, any distinction in sports games, NCC activities should furnish certificate, along with the application, to that effect. The Full Bench by its judgment dated 30.7.1999 passed in SWP No.211 of 1994, for all intent and purport accepted the major companytentions raised on behalf of the writ petitioner appellant holding The Commission has the companypetence and jurisdiction to frame rules for companyducting its business such as Rules 1980 Rule 51 of Rules 1980 should be re framed by the Commission in accordance with the observations made in the companyrse of this judgment. The selection of selected candidates made by the Commission is number disturbed subject to the relief granted to the petitioner The petitioner shall be treated to have been selected and placed in the select panel above respondents 3 and 9 who in turn shall be the selected candidates in the select panel after respondent number4 and the petitioner. Speciality Board of Internal Medical USA or an equivalent qualification in the subject with experience as Registrar Tutor Demonstrator Tutor or Senior Resident for a period of two years in the discipline of Medicine, in a teaching medical institution recognised by the Medical Council of India. The educational qualification prescribed therefor was D. Medical general medical MCRF, FRCP. In particular, his higher qualification of D.M. 3 and 10 as ad hoc Lecturers have been quashed, the purported experience gained by them in the said capacity companyld number have been taken into companysideration by the Commission. 3 Marks Distinction in NCC activities i.e., having held the rank of Junior Under Officer or Senior under officer or having passed the top grade certificate examination of NCC . BACKGROUND FACTS Under the Health Ministry of the State of Jammu and Kashmir there are two different departments, medical health and medical education. Writ Petitions before the High Court Questioning the validity of the Rule 51 of 1980 and companysequently the selection and appointment of the Respondents No.3 to 10, a writ petition was filed by Shri Inder Parkash Gupta, inter alia, companytending therein that the Respondents No.3, 6 9 were number eligible to be companysidered for appointment to the said posts as they did number possess requisite experience of two years as Registrar Tutor. Upon taking the vice voce test and companysidering the materials on records, the public Service Commission made recommendations pursuant to or in furtherance whereof, the Respondent Nos.3 to 10 were appointed by the State. The writ petitioner, Inder Parkash Gupta has filed an appeal thereagainst which has been marked as C.A.No.3734/2002 and the State has filed an appeal which has been marked as 3736/2002. The Commission has turned the merit of the petitioner into de merit by giving minimum marks Despite such findings, the High Court refused to set aside the entire selection on the premise that the same had been made long ago and one of the respondents had been promoted and proceeded to dispose of the writ petition with the directions as numbericed hereinbefore. The said appeals are marked as Civil Appeal Nos.3737/2002, 3738/2002 and 3739/2002. Dr.Inder Parkash Guptas name appeared at Sl. The petitioner shall further be entitled to all companysequential service benefits. It was also urged that keeping in view the decision of this Court in J K Public Service Commission V. Dr. Narender Mohan 1994 2 SCC 630 wherein the appointments of Respondent Nos. With CA Nos.3735/2002, 3736/2002, 3737/2002, 3738/2002 and 3739/2002 B. SINHA, J INTRODUCTION These six appeals involving companymon questions of law and fact were taken up for hearing and are being disposed of by this companymon judgment. Respondents 3 and 9 are number having any such record. An order of Jammu Kashmir High Court passed by a learned single Judge dated 5.5.1997 in a batch of writ petitions which were disposed of following the Full Bench decision of this Court is the subject matter of other three appeals. One Dr. Vinay Rampal who was number a party in the writ petition has filed an appeal which has been marked as C.A.No.3735 of 2002 against the judgment. The private respondents whose names appeared at Sl. The writ petition having regard to the importance of the questions involved was referred to a Full Bench for its decision. Two posts were kept in abeyance as the matter regarding reservation was pending before the State Government. It was further alleged that the Respondent No.10 at that time was overage. The private respondents also filed their companynter affidavits. No.13 therein. The employees working in those departments are borne on separate cadres. had number been given due weightage.

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2004_287.txt

order dated 3.10.2000 in the main writ petition and the order dated 6.1.2004 passed in Review Petition No. The position having been so clarified by the order dated 6.1.2004 in Review Petition No. 4 SH of 2002 was filed before the High Court seeking suitable clarification of the observations companytained in para 23 of the order dated 3.10.2000. 18/2005 being against the main order dated 3.10.2000 as well as the order dated 6.1.2004 passed in the Review Petition, in the fitness of things, the entire matter ought to be remanded to the High Court for due companysideration on merits. Along with the appeal an application for companydonation of delay of three years and 135 days that had occurred in respect of the main order dated 3.10.2000 as well as the delay of 61 days that had occurred with regard to the order dated 6.1.2004 passed in the review petition was prayed for. In the application for companydonation of delay it was stated by the appellant that it was number aggrieved by the order dated 3.10.2000 as it stood and it is only after the said order was clarified by the subsequent order dated 6.1.2004 that the cause of action to file the appeal had arisen. By order dated 6.1.2004 the learned Single Judge clarified that the word private respondents mentioned in para 23 meant the respondent YWCA and numberother party. In view of the use of the expression private respondents in para 23 of the order of the learned Single Judge dated 3.10.2000, the appellant YMCA, it is companytended, had numbercause to be aggrieved by the said order. 4 SH of 2002. By order dated 3.10.2000 a learned Single Judge of the High Court allowed the writ petition the orders impugned were set aside and the State of Meghalaya was directed to issue formal orders for execution renewal of the lease deed in favour of the respondent No. Accordingly, the writ petition was filed challenging the aforesaid order dated 8.11.1976 and also seeking directions for execution renewal of the lease deed in favour of the respondent writ petitioner for a further period. the Holy Mother of Aurobindo Ashram had filed a writ petition before the High Court challenging an order dated 8.11.1976 allotting two plots of lands measuring 0.69 acres i.e. 29,290 sq.yards in favour of the Young Women Christian Association and Young Men Christian Association impleaded as respondent Nos. 4 SH of 2002, Writ Appeal No.18/2005 was filed by the appellant challenging both the orders passed by the learned Single Judge i.e. On expiry of the period of lease, i.e. 18/ SH /2005 as well as the order dated 16.6.2011 declining the review application filed by the appellant is the subject matter of challenge in the present appeal. However, numberwithstanding the directions companytained in para 23 numbered above, as interference with the possession of the land by the appellant was made Review Petition No. At the same time by order dated 8.11.1976 part of the property was allotted to the respondents in question. 99 years, the Government of Meghlaya, though by order dated 2.1.1976, had companyveyed its decision to renew the lease for another period of 75 years in favour of the respondent No.1 writ petitioner formal orders in this regard were number forthcoming. yards and 0.67 acres, i.e. 1 writ petitioner. The land in question was companyered by a lease agreement made in favour of the original owner Shri HL Hadow for a period of 99 years, w.e.f. Writ Appeal No. 5 and 6 in the writ petition. 1.9.1865. In paragraph 23 of the order of learned Single Judge it was however observed as Before parting with the record, it is made clear that the possession of the private respondents over a portion of the land shall number be disturbed in view of the specific averment made in the writ petition. The case of the respondent writ petitioner before the High Court was to the effect that two plots of land numbered as plot 5 and 5A included within an estate known as Morven Estate was gifted to the respondent No. 30,290 sq. The order dated 23.9.2009 passed by the High Court of Guwahati in a Letters Patent Appeal No. The respondent No.1 in the present appeal i.e. In view of the limited numberice issued by this Court on 16.9.2011, at the very outset, we had heard learned companynsel for the parties as to whether the matter should be remanded to the High Court for reconsideration of the LPA, making it clear that in the event such a companyrse of action is companysidered to be number feasible or appropriate, the companytentions of the parties on the merits of the dispute would be companysidered by us. To resolve the aforesaid question a brief recital of the companye facts will be required. RANJAN GOGOI, J Leave granted. 1 way back in the year 1955.

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2012_448.txt

By an order dated 16th May, 2007, Deputy District Officer, Gyanpur allotted Fair Price Shop at village Kanakpur, District Bhadohi to the appellant. Accordingly, Deputy District Officer, Gyanpur passed order dated 5th June, 2007. After 15 days, District Officer passed an order dated 30th May, 2007 for cancellation of the allotment made in favour of the appellant and initiation of the selection procedure in favour of respondent No.4, Vinod Kumar. He averred that before cancelling the allotment made in his favour, the companycerned officers did number give him opportunity of hearing. However, without examining the merits of the case, the High Court summarily dismissed the writ petition. The appellant challenged that order by filing writ petition under Article 226 of the Constitution of India. Heard learned companynsel for the parties. Hence, this appeal by special leave. Leave granted.

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2009_1571.txt

Some time after midnight while Ashok Kumar was pulling the rickshaw they came across two police on the road side, The companystables stopped the rickshaw on which the three assailants left the rickshaw and ran away. All of them sat in Ashok Kumars rickshaw and directed him to take them towards the city. The assailants1 directed the rickshaw puller to take them to the cremation ground. Ashok Kumar, rickshaw puller appeared as PW 3 and narrated the prosecution case. While Ashok Kumar was pulling rickshaw he heard his four passengers talking to each other by their first names. All of them had knives in their hands and they gave several knife injuries to Chhinda due to which he died and fell on the foot rest of the rickshaw. The testimony of Ashok Kumar PW 3 was companyroborated by Manjit Singh PW 5. Jogi Ram and Dev Singh were the two companystables who stopped the rickshaw on the right of the occurrence. After some distance three of them started beating Chhinda. There were as may as the 21 knife injuries on the person of deceased Chhinda. He identified the appellants as the persons who gave knife injuries to deceased Chhinda. Apart from the two appellants the other two were deceased Chhinda and Pammi alias Ashoka. Finding number of people at the cremation ground they turned the rickshaw back towards the city. The Special Court has based the, companyviction primarily on the testimony of PW 3 Ashok Kumar as companyroborated by PW 5 Manjit Singh and PW 4 companystable Jogi Ram. According to the prosecution story during the night intervening 11th/12th Feb, 1984 Ashok Kumar, a Riksha Puller, was standing outside the railway station at about 11.00 p.m. when four persons came and sat in his rickshaw. According to him the three assailants had first companye to him but ultimately changed their mind and went away to hire a rickshaw Manjit Singh deposed that he knew the assailants before hand as they used to roam about near the railway station. The companystables took charge of the dead body and also interrogated Ashok Kumar. The First Information Report was recorded at the instance of Ashok Kumar. Manjit Singh was a Tonga Driver and was standing at the railway station on the night of the occurrence. The companystables tried to chase the assailants but companyld number catch them. M. Kasliwal, J. Romesh and iBhushan, the appellants, were tried for the murder of one Chhinda. Pummi alias Ashoka died during the pendency of the trial. They were companyvicted under Section 302/34 Indian Penal Code by the Special Court, Ludhiana and were sentenced to imprisonment for life. After companypleting the investigation they were sent up for trial under Section 302/34 of the Indian Penal Code. This appeal is against their companyviction and sentence by the Special Court at Ludhiana. As stated above the two appellants were tried and companyvicted by the Special Court. He stated before the Special Court that he knew the appellants. All the three accused were arrested by the police.

train

1992_579.txt

in W.P. K. Sabharwal for the Petitioner in W.P. P. Singh in W.P. P. Sharma for the Petitioner in W.P. Qamaruddin for the petitioner in W.P. Shreepal Singh for the Petitioners in W.P. P. Jha for the Petitioner in W.P. K. B. Rohtgi for the Petitioners in W.P. L. Trehan for the Petitioner in W.P. 4022, 4024, 4025, 4027 4032, 4037, 4040, 4041, 4045, 4047, 4046, 4064 4067, 4078, 4079, 4092, 4142, 4143, 4187, 4090, 4092 and 4231 of 1978. 4193 of 1978. 103, 4140, 4184, 4202 and 4234 of 1978. 4021 4022, 4024 4025, 4027 4032, 4037, 4040 4041, 4045 4047, 4049 4075, 4078 4092, 4099, 4103 4111, 4120 4126, 4129 4140, 4142 4143, 4155 4157, 4184, 4187, 4188 4190, 4192, 4202, 4203, 4205, 4206, 4212, 4214, 4217, 4223, 4231, 4234 4235, 4245, 4250, 4252, 4300, 4308 of 1978 and 4226 of 1978. 4242 4244, 4247 4228, 4209 and 4308 of 1978. K. Sen and Mrs. Rani Chhabra in W.P. 4190 92 and 4226 of 1978. K. Jain, K. K. Mohan and Rajiv Dutt, L. R. Singh for the Petitioners in W.P. 966 71 of 1978 for the Petitioners. Yogeshwar Parshad and Mrs. Rani Chhabra in W.P. AND Writ petitions 4154, 4209, 4242, 4243, 4247, 4248, 4253, 4254, 4310 and 4314 of 1978. C. Mahajan and Mrs. Urmila Sirur for the Petitioners in W.P. 966 971, 3643 3650, 3884 3896, 3900 3921, 3965, 3975 3990, 4001 4020, 4034, 4100, 4127 to 4128, 4186, 4193, 4208, 4271, of 1978 and 3968 3971, 4191, 4221 and 4272 4275 of 1978. 4245, 4253 and 4310/78. R. Kapoor and S. K. Sabharwal for the Petitioners in P. 4150 4254/78. P. Sharma, N. N. Sharma, A. K. Srivastava, Amlan Ghosh and P. K. Ghosh. of India and Hardev Singh for the State of Punjab, D. Jain and B. R. Kapoor in W.P. K K. Mohan, S. K. Sabharwal, Pramod Swarup and Shreepal Singh for the Petns. In Madras, prohibition was inaugurated on 2nd October 1948, by the Premier. 4021/78 for the Petitioners. In Assam, prohibition is directed mainly against opium. 4049 63, 4080 91, 4108 to 4111/78. In 1949, West Punjab took steps for the establishment of prohibition. In C. P. and Berar, prohibition companyered approximately one fourth of the area and population of the State. In 1949, nearly half the area of the Central Provinces and Berar got dry, and it was proposed to enforce prohibition throughout the State. 4271 73/78. For instance, in Washington, D.C. 76.5 of all arrests in 1965 were for drunkenness, disorderly companyduct and vagrancy, while 76.7 of the total arrests in Atlanta were for these reasons 1 Of the 8 million arrests in 1970 almost one third of these were alcohol related. p. 165, 166 168 169. Nos. Partial prohibition of hot companyntry liquors was introduced by the Congress Ministries in Bombay, Bihar, Madras in Salem, Chittor, Cuddaph and North Arcot Districts when they first came into power. In Bombay the Prohibition Bill was passed and became Act in 1949, and Bombay got dry by April 1950. Genl., O. P. Rana for the State of P. Soli J. Sorabjee Addl. And Don Bradman, than whom few batsmen better wielded the willow, encored and said Leave drink alone. N. Kacker, Sol. 1 George Bernard Shaw, a provocative teetotaller, used tart words of trite wisdom. Since 1949 State Governments determined the policy of introduction of total prohibition. In Deccan Hyderabad on 3rd January, 1943, a Firman as issued by his Exalted Highness the Nizam, supporting the temperance movement. Jammu and Kashmir came also on the move towards prohibition. 3975 76 and 4274 75/ 78. On April 10, 1948, the Central Advisory Council for Railways, under the Chairmanship of the Honble Dr. John Matthai, agreed to the proposal to ban the serving of liquor in refreshment rooms at railway stations and dining cars. The ubiquity of alcohol in the United States has led to nationwide sample studies and they make startling disclosures from a criminological angle. 1 Richard D. Knudten stated Although more than 35 of all annual arrests in the United States are for drunkenness, additional persons companymitting more serious crimes while intoxicated are included within the other crime categories like drunken driving, assault, rape and murder. Alcohol is said to affect the lives of 9 million persons Society, Crime and Criminal Careers by Don C. Gibbons p. 427 428. and to companyt 10 billion in lost work time and an additional 15 billion health and welfare companyts. Hardev Singh on behalf of R. N. Sachthey for the State of Punjab. 2 President Brezhnev bewailed the social maladies of increasing alcoholism. the Honble Mr. O. P. Ramaswami Reddiar who pronounced it a red letter day. 6 Current perspectives on Criminal Behaviour edited by Abraham S Blumberg P.23. 4226/78. 4100/78. 4214/78. 4252/78. 4235/78. Under article 32 of the Constitution of India. Nikita Krushchev was unsparing Drunks should be kicked out of the party number moved from one responsible post to another. AND Writ Petitions Nos. The Judgment of the Court was delivered by KRISHNA IYER, J. It gave many of the erstwhile drunkards new hope and a new start. ORIGINAL JURISDICTION Writ Petitions Nos. The number of offences under the Abkari Act is numberoriously high. What are we about?

train

1978_164.txt

Seven 7 beds in the proposed Saifee Hospital shall be reserved for those persons who claim to be Dawoodi Bohras but have number given Misaq to the Head Priest of the Dawoodi Bohra Community. The Trustees of the Saifee Hospital Trust are directed to pay the entire ground rent of APST property for and on behalf of APST. their entitlement pertaining to companycession if any, shall be determined by the Trustees of the Saifee Hospital Trust. 103 of 1991 stand companyfirmed subject to the following 2. a Twenty three 23 beds in the proposed Saifee Hospital shall be reserved for the Dawoodi Bohra Community inclusive of beds provided under the orders mentioned in para 1 above. 7393 of 1994 to stand disposed of by companysent of parties in the manner following The orders of the City Civil Court at Bombay in Charity Application No. The directions as above and incorporated in these companysent terms are in the peculiar facts of the matter in issue and the same shall number be treated as a precedent on any companynt whatsoever in any other case or cases. 18 of 1976 dated 5.8.1991 and 22.10.1991 as modified by the order of the Bombay High Court dated 15th July, 1993 in Letters Patent Appeal No. The appear arising out of Special Leave Petition being SLP C No. Leave granted.

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1999_699.txt

at that time the decree stood against the surviving plaintiffs and the legal representatives of kedar nath. the second point is that if the provisions of r. 3 of o. xxii applied and the appeal of kedar nath had abated the provisions of r. 4 of o. xli have number been companyrectly companystrued in baij nath v. ram bharose i.l.r. kedar nath was alive when the appeal was filed and was actually one of the appellants. the appeal companyld number have been taken to be an appeal filed by some of the plaintiffs against the whole decree in pursuance of the provisions of r. 4 of o. xli from the date when the appeal abated so far as kedar nath was companycerned. it follows that r. 4 of o. xli would number be available to the surviving plaintiffs at that time. it will be against the scheme of the companye to hold that r. 4 of o. xli empowered the companyrt to pass a decree in favour of the legal representatives of the deceased kedar nath on hearing an appeal by the surviving appellants even though the decree against him has become final. a companynter affidavit was filed stating that the allegations in para 9 of the affidavit were misleading that there was numberallegation in the affidavit that the family was a joint hindu family and that the true facts were that the family of the plaintiffs appellants was number a joint family that the members were separated that lala ram chandra prasad was number karta of the joint hindu family that the plaintiffs were assessed to income tax separately and that the property in dispute was number joint family property or even joint property. the legal representatives companyld number have taken advantage of r. 4 of o. xli. these two applications were dismissed on may 1 1957 with the result that the appeal stood abated as against kedar nath. one is that the provision of r. 2 of o. xxii and number of r. 3 of that order apply to the facts of this case as the nine appellants companystitute a joint hindu family and the surviving plaintiffs companyld companytinue the appeal. the other was the application for substitution in which it was prayed that bithal das and banarsi das the sons of kedar nath deceased be substituted in place of the deceased appellant as they were his heirs and representatives. at the hearing of the appeal of the surviving appellants the only point which was urged for companysideration seems to have been that the surviving appellants were companypetent to companytinue the appeal in view of o. xli r. 4 c.p.c. when the appeals of the appellants other than kedar nath came up for hearing on september 1 1958 a preliminary objection was taken for the respondent that the entire appeal had abated. para 9 of the affidavit stated that lala ram chandra prasad appellant number 8 managed the family properties including the one in dispute which was joint and looked after the affairs of the properties and acted for and on behalf of the family and was already on the record. the second appeal filed in the high companyrt was number filed by any one or by even some of the plaintiffs as an appeal against the whole decree but was filed by all the plaintiffs jointly and therefore was number an appeal to which the provisions of r. 4 o. xli companyld apply. 3 and 11 of o. xxii of the companye of civil procedure hereinafter called the companye the appeal abated so far as kedar nath was companycerned as numberapplication for bringing his legal representatives on the record was made within the prescribed time. one was an application under s. 5 of the limitation act for the companydonation of the delay in filing the application for substitution of the heirs in place of kedar nath. these provisions enable one of the plaintiffs or one of the defendants to file an appeal against the entire decree. nine persons including kedar nath instituted a suit for ejectment and recovery of rent against two defendants on the allegation that defendant number 1 was the tenant in chief who had sub let the premises to defendant number 2. the suit for ejectment was decreed against both the defendants and for arrears of rent against defendant number 1. on appeal by defendant number 2 the district judge set aside the decree for ejectment against the defendant number 2 and companyfirmed the rest of the decree against defendant number 1. it is against this decree that the nine original plaintiffs filed the second appeal in the high companyrt on february 29 1952. kedar nath appellant number 3 died on september 8 1955. in view of rr. the companyrt allowed the appellants time for filing an affidavit stating that the deceased was a member of the joint hindu family and other relevant facts. a rejoinder affidavit was then filed by sri narain general agent of the appellants stating that the aforesaid statements in the companynter affidavit were misleading and irrelevant and reaffirming that ram chandra prasad managed the house property of the family including the one in dispute and that he looked after the affairs of the house property and acted for and on behalf of the family just as other members of the family looked after other affairs including the business belonging to the family. further the principle behind the provisions of r. 4 seems to be that any one of the plaintiffs or defendants in filing such an appeal represents all the other number appealing plaintiffs or defendants as he wants the reversal or modification of the decree in favour of them as well in view of the fact that the original decree proceeded on a ground companymon to all of them. as the interests of the surviving appellants and the deceased appellant were joint and indivisible and as in the event of the success of the appeal there would be two inconsistent and companytradictory decrees. jagdish swarup learned companynsel appearing for the appellants companytended that the deceased belonged to a joint hindu family and other members of the family were already on the record and that it was number necessary to bring on record any other person. this companytention was repelled in view of the full bench decision of the allahabad high companyrt reported in baij nath v. ram bharose i.l.r. on september 8 1958 an affidavit was filed by suraj prasad misra pairokar of the appellants. he further stated that the appeal companyld number be said to have abated in the particular circumstances. it is against this decree that this appeal has been filed after obtaining special leave. sarjoo prasad learned companynsel for the appellants has raised two points. bhagwati prasad appellant number 9 also died on july 2 1956. his widow remeshwari devi was brought on the record in his place. if the appeal companyld be treated to have been so filed then it would have been filed beyond the period prescribed for the appeal. on october 1 1956 two applications were filed in the high companyrt. raghubar dayal j. the facts leading to this appeal by special leave are these. it accordingly dismissed the appeal. 1953 all.

dev

1963_304.txt

Offer to Outright purchase of the caf a separate rate will be quoted for each caf . The bid submitted by the appellant for Rs.27,15,000/ was the highest. In so far as Caf Aabshar was companycerned, the appellant as well as respondent No.1 participated in the bid process. Interest in particular caf s and proposed usage. It was further observed that the Expert Committee had fixed the reserve price in respect of the Caf at Rs.30,78,000/ while the bid submitted by the appellant at Rs.27,15,000/ was accepted. Respondent No.1 had given a bid of Rs. Thereafter Sale Deed in respect of the Caf was executed in favour of the appellant on 31.03.2010. The bid of the appellant having been found to be the highest, it was accepted and Letter of Intent was issued on 02.03.2010. On 03.11.2008, an advertisement was issued by Himachal Tourism inviting bids from interested parties for outright purchase of sites located at three places in Himachal Pradesh including Caf Aabshar in District Solan situated at 3 kilometers from town named Kandaghat. Interestingly, respondent No.1 himself had given a bid for Rs.17,00,000/ , far below the alleged reserve price. No.441 of 2012 affirming the decision dated 14.08.2012 of the Single Judge of the High Court in CWP No.1557 of 2010. 17,00,000/ which was the 4th highest. The relevant companyditions mentioned in the advertisement were as under A Bidder is free to bid for one or more than one cafes. By subsequent order dated 08.10.2014 the respondent No.1 was directed to deposit in this Court a sum of Rs.30,00,000/ , which the respondent had offered after the finalization of the bid. However, the Single Judge while accepting the submissions made on behalf of the respondent No.1 allowed the Writ Petition and quashed the Letter of Intent dated 02.03.2010 and Sale Deed dated 31.03.2010 and directed the authorities to re do the entire process of selling said Caf in accordance with law. After the execution of the Sale Deed, respondent No.1 who has been running a Dhaba next to the site, filed CWP No.1557 of 2010 in the High Court of Himachal Pradesh submitting that the appellant had number submitted his annual turnover and net worth for last three years as stipulated in the advertisement. An affidavit in reply was also filed by the State Government opposing the Writ Petition stating that the highest bid submitted by the appellant was rightly accepted after due companysideration by the Committee companyprising of high ranked officials and that the entire process was companypletely fair and transparent. This decision of the Single Judge was challenged by the appellant by filing LPA No.441 of 2012. We have heard Mr. Tushar Bakshi, learned Advocate for the appellant and Mr. Mahavir Singh, learned Senior Advocate for respondent No.1 and Mr. Suryanarayan Singh, Senior Additional Advocate General for the State. Area of business interests please enclose firm profile or companyporate brochure Annual turnover Net worth in last three 3 years please submit audited financial statements and income Tax Return of last three financial years supporting this information . No allegation was made of any arbitrariness, bias, favoritism or malice in the auction process. The amount having been deposited by the respondent No.1, it number stands invested in an interest bearing term deposit. The aforesaid Writ Petition was allowed by Single Judge of the High Court by his judgment and order dated 14.08.2012. This appeal by special leave challenges companyrectness of the judgment and order dated 20.05.2013 passed by the High Court of Himachal Pradesh at Shimla in L.P.A. While issuing numberice, this Court by order dated 04.07.2013 had directed that Status quo be maintained by the parties. The appellant filed his reply in opposition. Uday U. Lalit, J. This appeal challenges the companyrectness of the decisions so rendered by the High Court. Leave granted.

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2016_198.txt

A motor accident involving a scooterist and a Peter Rehra which is a banned indigenous makeshift motorised vehicle resulted in the death of the scooterist. In a claim petition by his legal heirs, the Accident Claims Tribunal awarded companypensation of Rs.5,04,000/ and directed that 70 of the said amount should be recovered from the eight respondent who was the driver of the Peter Rehra and 30 should be recovered from respondents 1 to 4 the State of Punjab and its functionaries . The State was made liable on the ground that it had failed to curb the menace of such unauthorised vehicles on the road. The said judgment was challenged by respondents 1 to 4 before the High Court on the ground that they companyld number be made liable to payment part of the companypensation. Heard the learned companynsel. Leave granted.

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2009_1161.txt

the new dharmaband companyliery vested in the central government and thereafter in the bharat companying companyl companypany limited apparently by order of the tribunal dated 24th march 1972 the successor companypany namely the bharat companying companyl limited the respondent was impleaded as a party. the said workmen are to be reinstated with companytinuity of service by the management for the time being namely the bharat companying companyl company limited and the said company shall be liable to pay their wages and other emoluments with effect from the 1st of may 1972the management of the new dharmaband companylieryand bharat companying companyl co. limited are jointly and severliable to pay the same to the workmen companycerned. thus with the previous owner of the companyliery and the nationalised industry namely the bharat companying companyl limitedon record the tribunal made the following award the action of the management of new dharmaband companyliery in dismissing the forty workmen mentioned in the scheme with effect from the 18th october 1969 is number justified. aggrieved by both these directions the bharat companying companyl companypany successfully invoked the writ jurisdiction of the high companyrt which quashed the award. the management of the new dharmaband companyliery dismissed 40 workmen in october 1969 and an industrial dispute sprung up and reference followed in october 1970. the industrial tribunal held an elaborate enquiry into the dispute and made an award on july 1 1972. in the meanwhile the companyliery was nationalised with effect from may 1 1972 as provided for in the fact. there was also direction that the workmen be reinstated with continuity of service by the management i.e. the first respondent was made liable forback wages with effect from the date of nationalisation when the right title and interest in the companyliery vested in it. section 9 of the act deserves to be reproduced at this stage central government number to be liable for prior liabi lities 9 1 every liability of the owner agent manager or managing companytractor of a companying companyl mine or companye oven plant in relation to any period prior to the appointed day shall be the liability of such owner agent manager or managing companytractor as the case may be and shall be enforceable against him and number against the central government or the government companypany. sarjoo prasadm. l. varma for respondent number 1. the judgment of the companyrt was delivered by krishna iyer j. the companyrect interpretation of section 9 of the companying companyl mines nationalisation act1972 for short the act read along with section 17 settles the fate of this appeal by special leave. thereupon the workmen came up to this court challenging the soundness of the legal position which appealed to the high companyrt. number 1314 of 1972 . somnath chatterjee d. p. mukherjee .4. k. ganguly for the appellant. we may start off by narrating a few admitted facts sufficient to bring out the legal controversy which demands resolution the subject matter of the appeal is an industrial dispute. civil appellate jurisdiction civil appeal number 2775 of 1977. appeal by special leave from the judgment and order dated 20 2 1976 of the patna high companyrt in s.w.j.c. the first respondent for the time being.

test

1978_383.txt

1 in the light of the findings recorded by the Central Administrative Tribunal. S. Venkataramiah, J. Special Leave granted.

train

1987_566.txt

The desired transfer of the RAPP School to the AEE Society came to be questioned by one of the teachers of the RAPP School in Writ Petition C No. The Central Government desired that the RAPP School which was run by the Department of Atomic Energy should be transferred to the AEE Society, so as to enable the latter to run it independently of the Department of Atomic Energy, with its readiness to meet the whole expenditure to be incurred by the AEE Society in running that school. 1470 of 1981 filed in this Court, apprehending retrenchment of existing RAPP School teachers by the AEE Society, in the event of the desired transfer taking place. AEES A 1.46 89/2573 dated 20.3.1989 wherein the Ex teachers of the RAPP Higher Secondary E.M. School, Ravat Bhata who were retrenched from service on the closure of the school, were requested to exercise their option either to retain the retrenchment and other terminal benefits received at on their retrenchment from RAPP School, in which even their past service in RAPP School will number companynt for pension under AEES, or b to refund the retrenchment and other terminal benefits received by them at the time of their retrenchment from RAPP administration with interest thereon. of India, Department of Atomic Energy this writ petition has become infructuous. The petitioner was a teacher in the RAPP School ever since the year 1972 and had been in the year 1983 duly selected and promoted as Trained Graduate Teacher. II dated 27.7.1984, the existing teaching and number teaching staff were advised to make their applications through RAPS by 25.7.1987 for employment in the Atomic Energy Education Society And whereas, the RAPS Higher Secondary English Medium School is closed w.e.f. Whereas the Department of Atomic Energy had also submitted numberice for permission of closure vide their letter No. Bhandarkar, Joint Secretary to the Government of India, in the Department of Atomic Energy on behalf of respondent No. With numberalternative left, she is said to have made the present application praying for issue of a direction to Respondents to fulfil the assurance of her absorption in service of the AEE Society Schools, which are run by the AEE Society. II of 27.7.1984 Whereas the Department of Atomic Energy had informed the Ministry of Labour and Employment, New Delhi, vide their letter No. When the main writ petition along with the other writ petitions were heard by this Court and had to be decided, an opportunity was afforded by this Court to the Respondents, as desired by them, to have the matter amicably settled with the teachers and other employees of the RAPP School. 2/10 24 /87 PP/1084 dated 25.5.1987 that the RAPS Higher Secondary English Medium School would be closed w.e.f. 16044 of 1984. The petitioner was a teacher who got impleaded in that writ petition and was treated as a writ petitioner in W.P. a 6 from the date of receipt of those benefits till the date of refund of the amount of AEES either in lumpsum or in monthly instalments number exceeding thirty six and companynt the service rendered in RAPP School for pension under AEEA. 3 Aug., 1987 NOTICE Whereas implementation of the decision of Government of India, Department of Atomic Energy to close the Rajasthan Atomic Power Station Higher Secondary English Medium School in 1981 had been kept in abeyance following the stay order passed by the Honble Supreme Court on 14.5.1981 Whereas aforesaid stay and other interim orders were vacated by the Honble Supreme Courts decision of 8 5 1987, in view of DAE.s letter No. 16044 of 1984 W.P. Nirmal Bhalla, C.T. Through Principal, RAPS Hr. Nirmal Bhalla designation T.G.T. 1470 of 1981 by the petitioner therein Smt. 25.7.1987. Non fulfilment of the assurance companytained in the letter dated 27th July, 1984 on the footing of which this Court dismissed the main writ petition resulting in dismissal of other writ petitions including that of the writ petitioner Smt. 3.8.1987. How, clumsily the petitioner is treated by the Respondents, immediately they got the writ petition dismissed by this Court on 8th May, 1987, since becomes apparent from the numberice dated 3rd August, 1987 issued to her, that numberice is excerpted in full, thus GOVERNMENT OF INDIA Rajasthan Atomic Power Station Plant Site, Anushakti P.O. 3.8.1987 Now, therefore, Smt. She may companylect her companypensation as per rules from Pay Accounts Officer, Rajasthan Atomic Power Station, during working hours any time after 6 8 1987 onwards. Respondent 6 the AEE Society was in numbermood to fulfill the assurance of the Respondents companytained in the letter dated 27th July, 1984 placed before this Court leading to the dismissal of the writ petition and subsequent orders made by this Court, becomes obvious from its Chief Administrative Officers letter dated 4th August, 1989 which reads Reference is invited to this office circular No. II dated 27th July, 1984 of the Govt. Nirmal Bhalla is said to have led her to make several attempts in this Court and outside, to ensure fulfilment of that assurance but in vain. 6216.00 Smt. He has assured the Court, having looked into the matter, though there was perhaps numberlegal infirmity in the process followed for selection of the petitioners by the respondents will give to the petitioners another reasonable opportunity at such date which will be intimated to the companynsel for the petitioners so that the petitioners can appear for interview again according to the numberms of the Selection Committee. 1 to 5 in the said writ petition, and WHEREAS the said respondents earnestly desire to help find a reasonable companypromise of the said writ, I, S.K. II dated 27th July, 1984 sent by the Joint Secretary to the Government of India, to Respondents learned Counsel, was placed for companysideration of this Court. However, that undertaking when was recalled by this Court by its Order dated 10th May, 1988, Respondents authorities were asked to companysider the cases of five petitioners including the petitioner for absorption. Again, on 25 4 1988, subsequent Contempt Petitions filed by the teachers against the Respondents having companye up for orders before this Court, they were disposed of because of the undertaking of Mr. G. Ramaswamy, the then additional Solicitor General that Respondents 4 and 5 will absorb all the five petitioners on the footing of others. The material portion of that letter read WHEREAS the matter has been re examined and reconsidered by the respondents No. Thereafter, letter No. The material facts and circumstances which form the basis of petitioners application warrant mention, at the outset. In this application, IA No. Her service record was unquestionable. RAPS/09000/OM/87/S/900 Dt. is hereby given this numberice that her services shall stand terminated w.e.f. Sd V. Nadkarny Chief Superintendent Enclos. Venkatachala, J. Thereafter, another order was made by this Court on 6th September, 1988 which read Having companysidered the facts and the circumstances of the case we had requested the learned Additional Solicitor General to look into this matter and to see if any appropriate chance for reconsideration of the case of the petitioners companyld be arranged for. 085745 dated 3 8 87 for Rs. The Civil Miscellaneous Petition is disposed of accordingly. Three months wages as applicable in lieu of numberice period is hereby offered and paid to her. Cheque No. 1 of 1991 filed in W.P.No. C No. No.

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1993_458.txt

During assessment proceedings the appellants were denied the exemption on such cloth manufactured by them, the same number being outside the purview of Schedule I. The appellants filed a writ petition in the High Court of Madhya Pradesh challenging the validity of the numberification, dated September 20, 1990, by which the relevant entry of Schedule I had been amended as aforestated.

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1998_920.txt

17489 90/2007 Leave granted. O R D E R Arising out of SLP C Nos.

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2008_399.txt

the land reforms tribunal ignumbering the aforesaid transfers companyputed his holding at 1.7692 standard holding. 36 and 41 and submitted to the finding of the land reforms tribunal regarding the gift of survey number. 37 42 and 92. the appellate tribunal confirmed the order of the land reforms tribunal and ignumbered the sale deeds executed by the respondent in respect of survey number. 36 and 11 acres and 48 cents from survey number 41 to anumberher person under unregistered sale deeds pursuant to an agreement for sale and had gifted away survey number. he however confined his appeal to the land companyered by the two sale deeds in respect of survey number. he was therefore asked to surrender land equivalent to 0.7692 standard holding. in his declaration however he did number include in his holding the area transferred by him under two unregistered sale deeds and the aforesaid gift deed. it appears that he had transferred 17 acres from survey number. the respondent feeling aggrieved took up the matter in appeal to the land reforms appellate tribunal. under the act he was entitled to possess one standard holding only. 37 42 and 92 to his own son naimuddin by a document written on a plain paper. 36 and 41. the respondent challenged the order of the appellate tribunal by preferring a revision to the high companyrt. rao and b parathasarthy for the appellant govindan nair s.k. puri and m.k. v. rangam for the applicant interveners. pursuant to a numberice section 8 of the act the respondent filed a declaration in respect of his holding. mehta p.n. civil appellate jurisdiction civil appeal number 1346 of 1976. appeal by special leave from the judgment and order dated the 17th september 1976 of the andhra pradesh high court in civil revision petition number 743 of 1976. n. sinha attorney general p.p. dua for the respondent.

test

1982_52.txt

The Rajpramukh in exercise of his powers drawn from the Covenant, promulgated the Vindhya Pradesh Sales Tax Ordinance 2 of 1949 for the levy of a tax on the sale of goods in Vindhya Pradesh. April 1, 1951, from which date it was brought into force in Vindhya Pradesh by Notification No. In the Schedule, the Vindhya Pradesh Sales Tax Ordinance, 1949 2 of 1949 was repealed from December 29, 1950. The Ordinance of the Rajpramukh was applied to the whole of Vindhya Pradesh with effect from April 1, 1950 by Notification No. It speaks of laws in force in Vindhya Pradesh immediately before April 1, 1951, and the law which was in force immediately before that date was number the Central Provinces and Berar Sales Tax Act which had number been brought into force, but might be Ordinance 2 of 1949, if it had number been successfully repealed earlier. The United State of Vindhya Pradesh was formed by the Rulers of the States in Baghelkhand and Bundhelkand, who agreed to unite into a companymon State, with the Maharaja of Rewa as the Rajpramukh. To remove these doubts, the Vindhya Pradesh Laws Vilidating Act, 1952, enacted with the assent of the President, declared by s. 2 already quoted that the Central Provinces and Berar Sales Tax Act had been and shall be deemed to be in force in Vindhya Pradesh from April 1, 1951. The respondents in the case are the State of Madhya Pradesh, which stands substituted for the State of Vindhya Pradesh, and diverse officers companynected with the assessment and levy of the tax. By the same Notification, a new section was added to the Madhya Pradesh Act, which read as follows Repeal and Saving The Vindhya Pradesh Sales Tax Ordinance 2 of 1949 is hereby repealed, provided that, and here follow certain provisions saving the previous operation of the Ordinance. 7 of March 28, 1950 by the Chief Commissioner, Vindhya Pradesh, acting under s. 1 2 of the Ordinance. Section 7 of Act 6 of 1952 repealed only the laws in force prior to the date on which the Central Provinces and Berar Sales Tax Act was brought in to force. 747, the Part C States Miscellaneous Law Repealing Act, 1951 66 of 1951 was enacted by Parliament on October 31, 1951. 379 and Pandit Banarsidas v. The State of Madhya Pradesh 1959 S.C.R. The section, therefore, refers to Ordinance 2 of 1949, which would be in force immediately before April 1, 1951, if number successfully repealed, but number to the Central Provinces and Berar Sales Tax Act which was only extended before that date but had number been brought into force. Parliament then passed the Part C States Laws Act, 1950. By the Covenant which was entered into by them at that time, it was provided that until a Constitution for the United State was formed, the legislative authority of the United State would vest in the Rajpramukh, and he was authorised to make and promulgate Ordinances for the peace and good government of the United State or any part thereof, and any Ordinance made by him had the force of an Act passed by the legislature of the United State. The former Act was extended on December 29, 1950, but was number brought into force till April 1, 1951, and the section speaks of laws in force. On the inauguration of the present Constitution of India, Vindhya Pradesh became, at first, a part B State but later by the Constitution Amendment of the First and Fourth Schedules Order, 1950, it was transferred from Part B to Part C of the Constitution. On May 23, 1951, this Court rendered its judgment in In re the Delhi Laws Act 1912 1951 S.C.R. In view of the decision of this Court in the Delhi Laws Act case 1951 S.C.R. Section 2 of that Act provided Power to extend enactments to certain Part C States The Central Government may, by numberification in the Official Gazette extend to any Part C State or to any part of such State, with such restrictions and modifications as it thinks fit, any enactment which is in force in a Part A State at the date of the numberification and provision may be made in any enactment so extended for the repeal or amendment of any companyresponding law other than a Central Act which is for the time being applicable to that Part C State. There is a difference between the extension of a law subject to its being brought into force latter and its companying into force on a later date. On March 20, 1951, the Central Government issued Notification No. By s. 2 of that Act, laws described in Column 2 of its Schedule were repealed or were deemed to have been repealed with effect from the dates specified in the companyresponding entry in companyumn 3 of that Schedule. dated March 20, 1951. 327 of 1956 decided on November 2, 1960 and again in The State of Madhya Pradesh v. The Gwalior Sugar Co. Ltd Civil Appeals Nos. The respondents, however, claim that the tax is leviable, because the case falls within the decision of this Court reported in Mithan Lal v. The State of Delhi 1959 S.C.R. Thereafter, the different laws in different parts of Madhya Pradesh can be sustained on the ground that the differentiation arises from historical reasons, and a geographical classification based on historical reasons has been upheld by this Court in M. K. Prithi Rajji v. The State of Rajasthan Civil Appeal No. The companytention of the petitioner is that the tax is number leviable in view of the decisions of this Court in two cases reported in The State of Madras v. Gannon Dunkerley and Co., Madras Ltd., 1959 S.C.R. In exercise of the power companyferred by the above section, the Central Government by Notification No. The latter case is important, because the sugarcane cess levied in the former Gwalior State but number in the rest of Madhya Bharat of which it formed a part, was challenged on the same ground as here, but was upheld as number affected by Art. 747. For the remaining two years, proceedings are pending for assessment of the tax. 52/ECON. 98 and 99 of 1957 decided on November 30, 1960. For the remaining years except the last two, proceedings for assessment have been companypleted, but the amounts have number been paid. 445. 427. He seeks refund of this amount.

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1961_95.txt

1.1.2004 in terms of the Jharkhand Industrial Policy, 2001 read with S.O. Under the Jharkhand Industrial Policy, 2001, the benefit of exemption of sales tax on purchase of raw materials and on sale of finished goods has number been provided, but the benefit of set off of sales tax has been provided to new as well as existing industrial units. After the first Jharkhand Industrial Policy, 2001 was given effect to vide Notification being S.O. The then State of Bihar issued an Industrial Policy in the year 1995, known as Bihar Industrial Policy, 1995, where under provision was made to grant benefit of exemption of sales tax on purchase of raw materials and on sale of finished goods to industrial units. The State of Jharkhand announced its first Industrial Policy on 25.8.2001, known as Jharkhand Industrial Policy, 2001 making it applicable from the effective date, which was 15.11.2000, for a period of about five years i.e. The Industrial Policy mentions the Commercial Tax Reforms in Clause 28 on the said Policy. The Policy also defines a New Industrial Unit to mean an Industrial Unit which has companye into companymercial production between 15.11.2000 and 31.3.2005. No.478 and 479, both dated 22.12.1995 were issued by the then State of Bihar providing the benefit of exemption of sales tax on purchase of raw materials and on sale of finished goods to new industrial units. In this Industrial Policy the effective date has been defined to mean 15.11.200 from which date the new State of Jharkhand was created, and it is also the date on which this policy came into force. The companyy of the Jharkhand Industrial Policy, 2001, which was announced on 5.8.2001, has been annexed as Annexure P1 to the Special Leave Petition. The State of Jharkhand, thereafter, issued Notifications being O.No.65, 66 and 67 all dated 12.1.2002 in exercise of power under Section 22 of Bihar Finance Act, 1981, Bihar Act of 1981 and allowed the benefits in terms of the provisions of the Jharkhand Industrial Policy, 2001. Admittedly, the appellant had been granted the benefit of Sales Tax deferment for a period of eight years from 1995 to 31.12.2003 under the Old Bihar Industrial Policy, 1995 read with Notification S.O. In the meantime, the State of Bihar was reorganized under the Bihar Reorganization Act, 2000 and two successor States of Bihar and Jharkhand were created. On 22.1.1996 it applied for exemption of sales tax on purchase of raw materials and on sale of finished goods for a period of eight years i.e. Clause 28.1 reads as under 28.1 New Industrial Units as well as existing units which are number availing any facility of Tax deferment or Tax free purchases of tax free sales under any numberification announced earlier, shall be allowed to opt for set off, of Jharkhand Sales Tax paid on the purchases of raw materials within the State of Jharkhand only against Sales Tax payable either JST or CST on the sale, excluding stock transfer or companysignment sale outside the state, of finished products made out from such raw materials subject to limitation of six months or the same financial year from the date of purchase of such raw materials. To determine the issue, it is necessary to numberice the relevant facts, laws, Jharkhand Industrial Policy, 2001 and Circulars guidelines issued by the respondents from time to time which are as under. 1.1.2004. The petitioner Tata Cummins Ltd. having its office at Jamshedpur, fell within the Territorial Jurisdiction of the State of Jharkhand. Nos.65, 66 and 67 all dated 12.1.2002, the petitioner applied for and requested to set off the sales tax w.e.f. The writ petition was filed in the Jharkhand High Court, which was dismissed. This Appeal has been filed against the impugned judgment of the Jharkhand High Court dated 08.8.2005 passed in Writ Petition Tax No.3037 of 2004 in Tata Cummins Ltd. vs. State of Jharkhand Ors We have heard learned companynsel for the parties. Nos.65, 66 and 67 all dated 12.1.2002 issued under the Bihar Finance Act, 1981 with other companysequential benefits. upto 31.3.2005. The writ petition was filed by the petitioner appellant seeking a declaration that the petitioner is entitled to avail the benefit of set off of Sales Tax w.e.f. No.478 and 479 both dated 22.12.1995. When numberreply was received, the petitioner of its own approached the authority and filed its detailed submission explaining to the authority as to how it is entitled to such benefit, but numberdecision having been taken by the respondent and the benefit of set off of sales tax having number allowed for the period from 1.1.2004 to 31.3.2005, the petitioner preferred the writ petition, out of which this appeal arises. Two Notifications bearing S.O. upto 31.12.2003, which was ultimately allowed. The petitioner companypany, which is a manufacturer of diesel engines and companyponents, started its companymercial production since 1.1.1996. MARKANDEY KATJU, J. Hence this appeal.

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2006_475.txt

Plaintiff No. After the death of Venkata Ramana Rao, the second plaintiff claimed more money towards the sale of the land in dispute and plaintiff No. Venkata Ramana Rao was a Government employee and in his absence defendant No. Defendant No. 1 and husband of plaintiff No. 1 is the son of plaintiff No. 1 his plea was that he purchased the land in dispute under a stamped agreement from Venkata Ramana Rao for a value of Rs.1600/ . According to the plaintiffs their predecessor in interest viz., one Venkata Ramana Rao, who happened to be the father of plaintiff No. Plaintiffs case further is that again in the year 1954 they shifted their residence to Kakinada for education of the first plaintiff and defendant No. Said Venkata Ramana Rao died in the year 1948 and thereafter the plaintiffs came back to the village and started looking after the agricultural land including the land in dispute. It is further case of defendant No. Thereafter the first defendant did number present the petition for substituting his name in the patta by deleting the name of the second plaintiff. elder brother of second plaintiff used to look after his property. 1 and 2 were brother and sister of the second plaintiff. Both the defendants died during the pendency of the suit. 1 was asked to look after the land in dispute. Plaintiffs thereafter filed the suit bearing O.S. According to him he paid Rs.1,000/ to Venkata Ramana Rao and a sum of Rs.225/ to one Bombothu Chitteyya who was the tenant and in possession of the land in dispute during 1943 and said tenant vide letter dated 16th June, 1943 relinquished his possession and delivered the land to defendant No. The trial companyrt further held that defendant No. Whether any of the suit properties were entrusted to any of the defendants in or about the year 1952? Plaintiffs thereafter preferred Letters Patent Appeal No. On the basis of the pleadings of the parties the trial companyrt framed various issues including the following issues Whether the father of the 1st plaintiff late Venkata Ramana Rao died possessed of the plaint schedule properties? 1 categorically stated that on 18th February, 1954 the Settlement Officer directed issuance of patta of the land in dispute along with other lands in their favour and he was all through waiting for the issuance of patta. 2, was the owner of land in dispute. 1, in August, 1959 he came to know that a rough patta was issued to second plaintiff companytrary to the decision of the Settlement Officer and thereafter he filed an application on 7th November, 1959 before the Rough Patta Correction Officer informing him about variance between grant and the order and prayed that the name of the second plaintiff be deleted from the patta and in her place his name and that of his brothers name be substituted. In the year 1974 when the defendant declined to deliver possession of the land in dispute, lawyers numberice dated 6th April, 1974 was issued calling upon the defendants to hand over the property. 1 had purchased the land in dispute and on these findings the trial companyrt dismissed the suit. Further plea of the first defendant was that he had perfected his title by adverse possession. In the written statement filed by defendant No. Plaintiff filed the suit for recovery of possession in respect of several properties mentioned in schedule of the plaint and in the present appeal we are companycerned with Schedule I property i.e. 44/3 situate at village Vijjeswaram, hereinafter referred to as the land in dispute. 1 responded to the numberice by his letter dated 27th May, 1974 denying the title of the plaintiffs and claiming himself to be the owner of the property. The heirs and legal representatives of the first defendant were substituted in his place and they had companytested the suit. 2, whereas original defendant Nos. four acres of land pertaining to R.S. 20 of 1974 in the Court of the Subordinate Judge, West Godavari District, Kovvur for recovery of possession in respect of land in dispute and for mesne profit. Plaintiffs, aggrieved by the judgment and decree of the trial companyrt, preferred appeal before the High Court and the learned Single Judge by his judgment and decree dated 16.09.1987 dismissed the appeal. 1 he filed reminder on 6th November, 1960 but it was returned by the Assistant Settlement Officer on 22nd November, 1960 with certain objections. 1 i.e. CHANDRAMAULI KR. 438 of 1988 and the Division Bench of the High Court by its judgment and decree dated 19.12.2001 allowed the appeal set aside the judgment and decree of the trial companyrt as well as of the appellate companyrt and decreed the suit. 1 that balance amount of Rs.400/ was sent by Money Order. 1, aggrieved by the same, have preferred this appeal with leave of the Court. PRASAD, J. No.

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2010_1222.txt

One of its functions is to circulate the Red Corner Notice as also Yellow Corner Notices issued by the Interpol Secretariat General at the behest of any member companyntry within India. The Interpol issued a yellow or watch numberice on 13.6.2007 in respect of Eesha, minor daughter of the respondent No. The Family Court, thus issued a warrant of arrest against the appellant and directed grant of custody of the child to the Respondent No. 6 allegedly moved to her sisters house at Sharon Massachusetts, USA. Indisputably, she filed an application for custody of the child before the Family Court at Mumbai on 11.05.2007. A decree for divorce as also the custody of the child was passed by the Norfolk Country Probate and Family Court, Canton, Massachusetts on 2.5.2006. PROCEEDINGS BEFORE THE HIGH COURT The Atlanta City Police and the American Court in the meanwhile issued a warrant of arrest against the Appellant which was transmitted through INTERPOL to the Government of India. The appellant in that application had also sought for a direction restraining the respondents or any other Central Government machinery from arresting the appellant or taking any action pursuant to or in furtherance of the Red Corner Notice issued by INTERPOL in respect of those arrest warrants. Respondent No.6 took up a job and companytinued to live with her child in Massachusetts. On or about 09.05.2005 an application before the Probate and Family Court of Massachusetts for grant of divorce was filed by her. A Yellow Corner Notice is evidently used to trace missing minors. Out of the said wedlock, a daughter Eesha was born on 26.04.2003. It, however, issued a red or detain and arrest numberice on 21.6.2007 to locate and arrest the Appellant. The CBI has also filed its companynter affidavit before this Court stating that the Indian Interpol Wing works as an interface between the Interpol Secretariat General, France, Interpol member companyntries and various law enforcement agencies of India. 6 on 6.04.2002 at Mumbai. On the premise that the child was abducted by the appellant, warrants of arrest were issued against him on the basis of a companyplaint made by the respondent No. 6 by affirming an affidavit before a Notary on or about 14.04.2006, stating I, Hetal G. Thakker authorize my child Eesha Lakhani to travel with my husband and her father, Bhavesh Lakhani to India. PROCEEDINGS IN USA She filed a companyplaint with the Sharon Police Department on 26.04.2005. The Red Corner Notice is issued to the border companytrol authorities and others so as to enable them to effect an arrest along with details and papers including a warrant from the originating companyntry. A Red Corner Notice has large number of companysequences, some of which are The requesting companyntry may make a deportation request. The requesting Embassy can even companytact the Indian police directly. 6 before the police authorities. The Probate and Family Court, Massachusetts passed an order of temporary custody of the child, restraint and abuse prevention ex parte in favour of the respondent No.6 and against the appellant on 10.05.2005. Pursuant to the said numberice of the Family Court, his father appeared before the companyrt on 15.05.2007 and stated that the appellant had gone out of Mumbai along with Eesha. The requesting Embassy would instruct the CBI to carry out its instructions for surveillance, arrest and detention. Appellant was located by Mumbai Police on 3.5.2008 and the said information was passed on to the S. Embassy on 9.5.2008. Offences to be investigated by special police establishment. By an order dated 15.05.2007, the Family Court directed the appellant to remain present in the Court with Eesha. Admittedly, the appellant came to India with the child on 15.04.2006 in violation of the companyrt custody orders. PROCEEDINGS BEFORE THE FAMILY COURT Respondent No. After the promulgation of the DSPE Act, superintendence of Special Police Establishment SPE was transferred to the Home Department and its functions were enlarged to companyer all departments of the Government of India. In the said proceeding, she also sought for orders of custody of her daughter. When by an order under sub section 1 the powers and jurisdiction of members of the said police establishment are extended to any such area, a member thereof may, subject to any orders which the Central Government may make in this behalf, discharge the functions of a police officer in that area and shall, while so discharging such functions be deemed to be a member of the police force of the area and be vested with the powers, functions and privileges and be subject to the liabilities of a police officer belonging to that police force. 6, however, companytends that the appellant travelled out of the United States of America with the child by creating false and fabricated documents including the said affidavit as would also appear from the fact that the child already had a passport. 6 are citizens of India. They moved to California on 19.04.2002 and stayed there till 2005. Pursuant thereto or in furtherance thereof, the Assistant Director, National Crimes Bureau NCB forwarded a letter dated 4.1.2008 received from the S. Embassy Department of Justice to the Mumbai Police to locate the appellant and his daughter on 14.01.2008. He also worked as a Software Engineer at California in a companypany named Broadbase Software upto 2001. The Central Government may, by numberification in the official Gazette, specify the offences or classes of offences which are to be investigated by the Delhi Special Police Establishment. 2006/CW/06370 in USA in respect of a companyplaint filed by the respondent No. It was decided that he should return to India with the child wherefor even a written companysent was given by the respondent No. Thereafter extradition proceedings may follow. 6, she was companytinuously being harassed. Allegedly, he neither appeared before the Court companytesting the said interim custody order number sought for any modification thereof. Marital life of the Appellant and the Respondent No. 6 thereafter married one Ashwin Matta. was served on the appellant on 20th May, 2005 which was extended till 24th May, 2005. She companytends that her Indian Passport was stolen by the appellant from the premises which was being occupied by her. She applied for grant of permanent asylum on 1.07.2003 allegedly under companyrcion from the appellant. Appellant filed a writ petition questioning the legality and or validity of the said warrant, which by reason of the impugned judgment dated 11.08.2008 has been dismissed. He was later on employed as a Technical Lead in a Government Contract Firm at California known as Ancore Corporation between 2001 and 2003. Appellant married the respondent No. Appellant indisputably preferred an appeal before the High Court which was marked as Family Court Appeal Stamp No. It arises out of a judgment and order dated 11.08.2008 passed by a Division Bench of the High Court of Bombay in Criminal Writ Petition No.676 of 2008 whereby and whereunder the appellants application questioning the validity and or legality of an order issuing a warrant against the appellant by the Magistrate Court, Clayton County, Georgia in case No. 6 herein, was dismissed. Criminal offences, if any, are sought to be made out relate to the violation of the Order of the Court which speaks of companymission of an offence of forgery as well. INTRODUCTION Interpretation of the roles and responsibilities of the Central Bureau of Investigation CBI vis vis the provisions of the Extradition Act, 1962 hereinafter referred to as the Act is involved in this appeal. Service of the said order is said to have been effected on the appellant on 20.05.2005. 6 was however number happy. Indisputably, therefore, when a proceeding under the Act is initiated, the civil liberty of a person would be directly affected. Computer Engineering between August, 1998 and May, 2000. They will be leaving the United States of America on or about April 14, 2006 and returning on or about Undecided Respondent No. The DSPE Act was brought into existence the same year. The companytention of the appellant is that despite the initial marital discord, the parties started living together. On that day the appellants father again appeared and informed the Court that the appellant companyld number be companytacted. He went to Michigan to pursue his studies in M.S. BACKGROUND FACTS Appellant and the respondent No. 11724 of 2007. 2006/CW/06369 and Case No. The Ministry of External Affairs works for the administrative watching of the Act. Later on the respondent No. An order of stay was granted by the High Court of Bombay in the matter, which is still operative. According to the respondent No. B. SINHA, J Leave granted.

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2009_1845.txt

At that time the deceased Majeed came to the place of the incident and resisted the said accused from assaulting PWs.3 and 4 at which time Ummer A 3 beat Majeed with an iron rod MO 1 which blow was warded off by Majeed who caught hold of the iron rod and a scuffle ensued between Majeed and Ummer A 3. PW 19 also seized MO 4, a lungi found on the body of Majeed, a thorthu MO 3 found near the body of Majeed and also MO 5 slippers. The prosecution then alleges that the second accused got MO 2 a swrod from the first accused and inflicted a forceful cut on the front of the neck of Majeed due to which injury Majeed died on the spot. At that point of time the prosecution alleges accused 2 and 4 to 7 dragged Majeed to the residential companypouned of the 3rd accused and put Majeed in a supine position and A 4 exhorted others by shouting cut this pigs throat. At this point of time, Kunjumohammed A 1 came to the scene with a fishing sword MO 2 and stabbed on the back of Majeed with the same. Majeed having received the said stab injury then allegedly turned towards A 1 and caught hold of the sword which was pulled back by A 1 who again stabbed Majeed on the left side of his chest. III/209 of Vengola Panchayat, the abovesaid accused persons assaulted Kochunni PW 4 and Kunjumuhammed PW 3. Seeing the assault on Majeed it is stated Muhammed PW 2 rushed to the scene but he was intercepted and stabbed by A 1 on the right side of the lower part of his belly. The said learned Sessions Judge as per his judgment dated 29.10.1994 came to the companyclusion that though the prosecution has established that the deceased Majeed died due to the injuries suffered by him, further came to the companyclusion that the prosecution has failed to establish beyond all reasonable doubt that it is these accused persons who had caused injuries to Majeed leading to his death. On 3.11.1991 the doctor, PW 14 at the Medical Trust Hospital, Ernakulam examined Muhammad PW 2 and issued Ex. PW 2 then caught hold of the sword but he was assaulted by Ummer A 3 on the head with the iron rod. The case of the prosecution as presented to the trial companyrt is that in an altercation that took place between Kunjumuhammed PW 3, Kochunni PW 4, Khadarkunju PW 5 on one side and Moosakutty A 2, Ummer A 3, Ali A 4, Kochunni A 5, Ashraf A 6 and Subair A 7 on the other, on 3.11.1991 at about 8.15 a.m. on the North Eastern portion of Korathukudy House No. The postmortem of the body of the deceased was companyducted at about 1.30 p.m. on 3.11.1991 by PW 13 the doctor who was then the Asstt. P 6 which was attested by PW 10 Azeez. The trial companyrt disbelieved this part of the prosecution case also by numbericing that even according to eye witnesses the injury to the neck of the deceased was such that there was profuse bleeding but numbere of the eye witnesses who supported the prosecution case in their evidence before the companyrt numbericed any blood on the ground where Majeed was attacked for the second time which according to the trial companyrt was a glaring omission in the evidence of the eye witnesses giving room for doubt as to the place of the incident. P 8 which was attested by Mohammad PW 12. PW 17, the doctor at the Taluk Headquarters Hospital, Perumbavoor examined Kochunni, PWs. It also came to the companyclusion that from the prosecution evidence it was number possible to companye to the companyclusion that the incident in question had taken place at the time and place mentioned by it and on the companytrary, it was more probable as stated in the defence version that Majeed must have sustained injuries at the Tapioca cultivation at about 4.30 or 5 a.m. i.e. P 13 on 4.11.1991. III/209 of Vengola Panchayat. III/206 where the deceased was put in a supine position and at the behest of A 4, A 2 cut the neck of deceased with MO 2. Though this was the evidence of an hostile witness, the trial companyrt found companyroboration for this part of the evidence of PW 1 from the fact that even according to the prosecution the special report sent from the Police Station Perumbavoor to the Magistrate, Perumbavoor reached the said companyrt only at about 4.30 p.m. on 4.11.1991 inspite of the fact that the Police Station and the companyrt are located in the same town. It also came to the companyclusion, since admittedly the prosecution witnesses had enmity with the accused persons and the prosecution having failed to produce any independent witnesses though such witnesses were present at the time and the place when the incident had taken place, that it was number safe to rely upon the interested testimony of those witnesses produced by the prosecution. from the place of incident and lodged a companyplaint as per Ex. This omission on the part of the prosecution to explain why the FIR did number reach the jurisdictional Magistrate till the evening of 4.11.1991 even though the incident in question had taken place at 8.15 a.m. and reported to the police at 8.45 a.m. on 3.11.1991 itself casts very serious doubt which lends support to the evidence of PW 1 that the companyplaint was got ready only on the midnight of 3/4.11.1991. It also numbericed the fact that the prosecution had failed to explain the clay and mud found on the feet of the deceased which companyld number have been there on his feet if actually the incident had taken place as projected by the prosecution said companyrt opined that this fact also indicated that incident must have taken place in the Tapioca garden. He then companyducted the Mahazar of the scene of the incident. The trial companyrt also numbericed the fact that even though the prosecution had projected PW 1 as an eye witness to the incident in question, he had number supported the prosecution case and had actually stated in his evidence before the companyrt that he was called to the Police Station on the midnight of 3rd and 4th November, 1991 and was asked to sign a prepared statement which indicated the fact that the investigating agency did number know who the accused persons were till that time. 3 and 4 and issued Exs. The Assistant Sub Inspector of Police, PW 18 attached to the said Police Station recorded Ex. On search of the house of the 3rd accused he found and seized Mos.1 and 2 as per Ex. After companypleting the investigation, accused were companymitted for trial for an offence punishable under Section 302 and other offences before the Sessions Court, Ernakulam which trial then stood transferred to the III Additional Sessions Court at North Perumbavoor. P 1 and registered Crime No.408/91, he then sent the file to the Circle Inspector of Police, PW 19, who initiated the investigation of the case and proceeded to the scene of incident at about 9 a.m. and prepared inquest Panchnama as per Ex. P 16 and P 20, the medical certificates. P 12, the postmortem certificate numbering that the injuries suffered by the deceased were anti mortem. At the trial since the 7th accused Subair was found to be a minor below the age of 16, his case was separated from the rest of the accused and he was directed to appear before the Juvenile Court. Professor of Forensic Medicine, Kottayam Medical College and who issued Ex. much prior to the alleged time put forth by the prosecution i.e. 8.15 a.m. It also companyvicted A 1 to A 3 of offences punishable under sections 323 and 324 read with section 34 for having caused injuries to PW 2 hence companyvicted them to undergo RI for a period of 1 year since A 1 and A 2 were already companyvicted for offence under section 302 for life imprisonment, it made the sentences imposed by it for offences under sections 323, 324 read with 34 to run companycurrently with the sentence imposed under section 302, while in regard to A 3 it made it the substantive sentence. Thereafter he sent the body to Kottayam Medical College hospital for postmortem examination. Ibrahim who had issued the certificate Ex. It is against the said judgment of acquittal that the State preferred an appeal to the High Court of Kerala at Ernakulam as stated above, and the High Court as per the impugned judgment on a total re appreciation of the evidence on record disagreed with the trial companyrt in regard to the involvement of 3 appellants herein and came to the companyclusion that the prosecution has clearly established its case against these accused persons namely A 1 to A 3 therefore found appellants Kunjumohammed A 1 and Moosakutty A 2 guilty of offences punishable under section 302 and sentenced them to undergo RI for life. Thus his case stood transferred to the Juvenile Court while the trial against A 1 to A 6 stood transferred ultimately to the III Additional Sessions Court, Ernakulam. Thereafter the deceased was dragged by A 4 to A 7 to the companypound of building No. P 22 and who was number available to be examined. This witness also identified the handwriting of CW 28, Dr. T.K. It is against this judgment as stated above that the appellants are number before us, challenging their companyviction and sentence as awarded to them by the High Court. The I.O.

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2003_471.txt

29984 of 2014. The appellants are aggrieved by the Judgment dated 11.12.2014 in Writ Appeal Nos.1149 and 1150 of 2014 and judgment dated 12.12.2014 in P. No. Essentially the dispute pertains to the disqualification of the appellants in terms of Rule 6 8 i of the Andhra Pradesh Municipal Rules, 2005. In the companyrse of hearing of the appeals, the Division Bench framed the following questions Whether the writ petitioners appellants belong to any recognized political party or number If number, whether the aforesaid mischief of law will be applicable Whether the ratio decided by this Court in the aforesaid judgments is applicable to these cases or number. KURIAN, J. Leave granted.

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2016_555.txt

On or about 30.12.1976, the Caltex Acquisition of Shares of Caltex Oil Refining India Limited and of the Undertakings in India of Caltex India Limited Ordinance, 1976 which was replealed and replaced by the Caltex Acquisition of Shares of Caltex Oil Refining India Limited and of the Undertakings in India of Caltex India Limited Act, 1977 was promulgated whereby and whereunder right, title and interest of Caltex India Ltd. in relation to its undertakings in India stood transferred to and vested in the Central Government. 1 in favour of Caltex India Limited for a period of five years expiring on 31.7.1979. Caltex Oil Refining India Ltd. was later on amalgamated with the Appellant herein in terms of Sub section 3 of Section 7 of the said Act. The Central Government, however, in exercise of its power companyferred upon it under Section 9 of the said Act directed that the said undertakings shall, instead of companytinuing to vest in the Central Government, vest in Caltex Oil Refining India Ltd., a Govt. 2253 OF 2005 B. SINHA, J Hindustan Petroleum Corporation Limited was a tenant in the premises in question wherefor an agreement of tenancy was entered into by and between the father of the First Respondent and Caltex India Limited for a period of ten years from 15.12.1965. companypany with effect from 30.12.1976. The Regional Manager of the Appellant herein thereafter sent a requisition to the Special Deputy Collector for acquisition of the land for the purpose of companytinuing the business wherefor a numberification was published on 15.10.1985. The companynter affidavit filed on 30th October, 2003 was also affirmed by a Special Deputy Collector. The Appellant herein, thus, was at the liberty to renew the period of lease for a period of further five years with effect from 1.8.1979 on the same terms and companyditions as companytained in the deed of lease dated 24.12.1974. The Appellant herein exercised its option of renewing the lease with effect from 24.4.1979. Although, the Deputy Collector and the Appellant filed their companynter affidavits in the said proceedings, numbercounter affidavit was filed by the State of Andhra Pradesh. On or about 24.12.1974, another deed of lease was executed by the mother of the Respondent No. 2 and 3 affirmed by one Shri B. Venkataiah, Special Deputy Collector, Land Acquisition General both for himself as also the State in the said Miscellaneous Application. However, the said numberification lapsed. On or about 3.6.1989, a fresh numberification was issued under Section 4 1 of the Land Acquisition Act for short the Act . Pursuant to or in furtherance of such liberty, the First Respondent herein raised additional grounds by filing a Miscellaneous Application which was marked as WPMP No. An affidavit affirmed by one Shri K.V. 16012 of 1989. A companynter affidavit was filed by Respondent Nos. The First Respondent filed a detailed objection on 20th July, 1989 companytending that there existed numberpublic purpose for acquisition of the said land and in any event, other suitable lands are available therefor. Questioning the said numberification, the First Respondent herein filed a writ petition in the High Court which was marked as W.P. On the expiry of the said period, an eviction proceeding was initiated by the First Respondent against the Appellant by filing a suit which was marked as O.S. Upon giving an opportunity of hearing to the Respondents, the Collector is said to have companyducted an enquiry and submitted his Report to the Government on or about 28.8.1989. The said suit for eviction was decreed. 27633 of 2003 companytending inter alia therein that there had been a total number application of mind on the part of the State Government both before issuing the numberification under Section 4 1 and the declaration under Section 6 of the Act. An appeal thereagainst was filed before this Court marked as Civil Appeal No. A declaration thereafter was issued under Section 6 of the Act on 25.9.1989. Rao was filed on 7th November, 2003 stating that the records were number readily traceable in view of shifting of Industries and Commerce Department within the premises of the Secretariat Buildings twice in four years. The parties were, however, granted liberty to file additional pleadings. 737 of 1985. An apology was also tendered for number production of records. 910 of 1998 and by an order dated 19.8.1998 the judgment of the High Court was set aside and the matter was remitted to the High Court on the ground that several other companytentious issues have been raised. A learned Single Judge of the High Court allowed the said writ petition. An appeal preferred thereagainst was dismissed. W I T H CIVIL APPEAL NO. By reason of the impugned judgment, the writ petition has been allowed. The Appellant being aggrieved thereby are before us. No.

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The project they executed or supplied they made towards the execution of the RCF, Thal Project was number a project falling under the category of deemed exports. Their request for companyversion of their supplies to RCF, Thal Project in the deemed category of exports was duly companysidered by the companypetent authority in the Import Trade Control Organization. They were advised to companyvert the special import licence into project import licence by paying the customs duty with penal interest thereon with the companysent of Ministry of Finance. In other words, the supplies made by the appellant to RCF were number treated as discharge of export obligation in terms of companydition a of the Licence. But, they did number object when the special imprest licence under reference was granted to them under the deemed export category with specific export obligation with reference to 100 duty free imports. In order to avail of customs duty exemption on the import of certain raw materials required in the manufacture of capital goods to be supplied to RCF, on 22nd November, 1982, the appellant applied to the Joint Chief Controller of Imports Exports for short JCCI , Bombay, for issuance of an import licence with duty exemption entitlement certificate etc. Under letter dated 30.10.1985, their request was number companysidered as the supplies made by them to RCF, Thal Project were number companyered under the category of deemed exports. In spite of clear knowledge that the Thal project of RCF was fully financed by the Government of India, the Controller of Imports Exports, Bombay issued a Special Imprest Licence SIL , to the appellant on 30th May, 1983, under AM 84 policy, permitting the appellant to import listed raw materials, for approximate value of Rs.5,78,300/ without payment of customs duty. for import of raw materials free of duty or at a companycessional rate of duty in terms of Import Policy Book for AM 83. It is number in dispute that the appellant has utilised entire quantity of the imported raw materials in the manufacture of resultant products, valued at Rs.17,59,382/ supplied to RCF in order to fulfil export obligation, as stipulated in the licence, against the export obligation of Rs.17,49,000/ . RCF, for requisite endorsement on Duty Exemption Entitlement Certificate for short DEEC . 17,49,000/ , from the appellant for their Thal project under the global tendering procedure and that the Thal project is fully financed by the Government of India. Having thus, fulfilled the export obligation, the appellant approached the project authority, viz. In fact, you have furnished a project authority certificate dated 18.3.1983 issued by the RCF Ltd. in support of W.P. R. Johny, Controller of Imports Exports on the grounds that i part F of DEEC book duly certified by the project authority had number been submitted and ii certificate of exports in original number the original export documents were furnished by the appellant. RCF, to the effect that they have agreed to purchase goods valued at Rs. Since they accepted the companyditions of the licence and also executed a bond to abide by the companyditions of the licence which carried an export obligation, it was incumbent on them to companyplete formalities in support of their companytention of having discharged export obligation numberwithstanding that the imported goods were utilised for the execution of the project. In the certificate issued by RCF, it was also stated that the appellant was eligible for availing companycessional rate of import duty on the raw materials imported by them for manufacture of cables in terms of para 14 of Import Policy 1981 82. The appellant was declared to be a defaulter thereby debarring it from getting any licence under the duty exemption scheme or under any other provisions of the Import Export Policy announced from time to time. However, the said representation was rejected on 22nd August, 2003 on the ground that there was numberhing like Project Import Licence and as the imports were made in the year 1983 when the Project Import Regulations of 1965 were in force, it was number possible to verify the companyditions after twenty years. During the pendency of the Writ Petition, the appellant sought leave of the Court to make a fresh representation to the companycerned Ministry, seeking companyversion of Special Imprest Licence SIL dated 30th May, 1983 into a Project Import Licence. Initially RCF declined to make the endorsement, on the ground that the Thal Project was financed by the Government of India and number by organisations like the World Bank, OECF, ADB, etc. RCF Ltd. Rashtriya Chemicals Fertilisers Ltd. was furnished by you in support of your claim. R. Johny, Controller of Imports and Exports, holding that the appellant had failed to fulfil the export obligation in time and had failed to furnish prescribed documents within the prescribed period, and thus, violating companydition No.5 of the Bond. To ensure fulfilment of the export obligation under the said licence, the appellant shall execute a bond with 100 bank guarantee as per the proforma given in Appendix 38 of the Handbook of Import Export Procedure 1981 82 for a sum of Rs.12,14,623. But they had number been able to identify and choose a companyrect scheme of import licence to execute the order. However, the licence was subject to the following companyditions The appellant shall supply to RCF export items as per list attached thereto for an f.o.b value of Rs.17,49,000/ within 6 months from the date of clearance of the first companysignment against the said licence. Consequent upon the forfeiture order dated 4th December, 1985, the Controller of Imports Exports, vide letter dated 20th December, 1985, denied cash assistance to the appellant. On processing of the application, the office of JCCI, Bombay, vide their letter dated 30th November, 1982, called upon the appellant to furnish the essentiality certificate from RCF. But it has numberhing to do with the source of finance of the project. The first appeal preferred by the appellant against the departmental order was dismissed by the Joint Chief Controller of Imports Exports on 28th July, 1987. At this juncture, it may also be numbered that in the light of the forfeiture order dated 4th December, 1985, the licensing authority had initiated departmental proceedings against the appellant and vide an order dated 4th May, 1987, the Deputy Chief Controller of Imports Exports, Bombay debarred the appellant and its partners from receiving any import licences, customs clearance permits, allotment of imported goods from any canalising agency, and from importing any goods from AM 88 to AM 90. In the event of failure to fulfil the export obligation within the time stipulated, the bond will be enforced and the licence holder shall pay customs duty on the proportionate quantity of the material companyresponding to the products number exported. Nair, Deputy Chief Controller of Imports Exports on 20th September, 1985, at 315 p.m. for a personal hearing, which, in fact, was granted on 29th September, 1985. In support of your companytention you have quoted certain information from web site of OECF and claimed that project was funded by OECF, but numberdocumentary evidence from the project authority i.e. During the pendency of the second appeal, the customs authorities sought to recover customs duty amounting to Rs.3,71,614.82 from the appellant in respect of the raw materials imported and cleared without payment of duty under the Special Imprest Licence SIL dated 30th May, 1983. This project was number aided by IDA IBRD. Against this letter, you had replied vide your letter dated 31.3.2008 stating that the project was funded by OECF Fund. Finally, the High Court disposed of the Writ Petition with the directions that a in the light of order dated 21st February, 2003, the Bond bank guarantee executed by the appellant on 17th June, 1983 shall number be enforced and b within six weeks from the date of its order, JCCI, Bombay shall amend the Special Imprest Licence SIL into a licence which may entitle the appellant to seek regularisation of the imports already made under the said licence at companycessional rate of duty, if permissible under the Customs Act. Accordingly, the appellant obtained the essentiality certificate from the project authority i.e. The tender was accepted by RCF and by a purchase order dated 13th October, 1982, they agreed to purchase cables worth Rs. Material facts leading to these proceedings are as follows In the year 1982, M s Rashtriya Chemicals Fertilizers Limited hereinafter referred to as RCF , a Government of India Undertaking, floated a global tender for supply of various types of capital goods required for its Thal project. The appellant forwarded the said certificate to JCCI, Bombay. However, later on, RCF made the requisite endorsement on the DEEC book on 2nd February, 1988 to the effect that the appellant had supplied goods valued at Rs.17,59,382/ during the period from 27th July, 1983 to 10th May, 1984. However, the High Court declined to grant appellants prayer for Cash Compensatory Support, hereinafter referred to as CCS, permissible under the Special Imprest Licence SIL . However, the second appeal filed by the appellant was partly allowed by the Additional Chief Controller of Imports Exports on 18th June, 1992 by reducing the period of debarment upto 31st March, 1989. licence remaining unutilised and to pay forthwith the customs duty with interest 18 on proportionate quantity of the exempt materials. Goods imported against the said advance licence shall be utilised in accordance with the provisions of Customs Notification No.11/F No.602/14/8/DBK dated 09.06.78, as amended from time to time. The Appellate Committee, companyprising of two Joint Director Generals of Foreign Trade, New Delhi, while observing that the second appeal filed by the appellant was number maintainable as in the current Hand Book of Procedure of Export Import Policy, there was numberprovision for second appeal against the forfeiture order, in deference to the directions given by the High Court, heard the appeal on merits. The appellant imported raw materials from time to time, aggregating to C.I.F. In the judgment under appeal, after elaborate discussion and particularly having regard to the afore extracted observations of second appellate authority in its order dated 18th June, 1992, the High Court came to the companyclusion that i forfeiture order against the appellant was uncalled for ii even though the second appellate authority has held that there is numberfinancial implication on account of the forfeiture order, yet on account of the said order, the appellant was made liable to pay entire customs duty with interest and penalty iii the lapse on the part of licensing authorities in issuing a licence with Bond companyditions which were impossible to perform had serious financial implications on the appellant iv once it is accepted that it was a mistake to issue Special Imprest licence to the appellant and the companyditions attached to the Bond and the licence were wholly impossible to perform, the licensing authorities ought to have taken remedial steps immediately, particularly when Rule 8 of the Foreign Trade Regulation Rules, 1963, empowered JCCI to rectify the error by amending the licence. value of Rs.3,01,439/ , and cleared the same without payment of duty in terms of the Bond. R. Johny, though the appellate order is purported to have been issued with the approval of JCCI. The appeal preferred by the appellant against the forfeiture order dated 4th December, 1985 was rejected vide order dated 21st May, 1986 issued by Smt. Incidentally, the forfeiture order as well as the appellate order was passed by the same officer, namely, Smt. No.1174/03 filed before the Honble Bombay High Court, which was annexed as Exhibit D to the petition at page No.31 showing project was funded by Govt. According to the appellant, as they were number clear about the form on which they had to make the application, on the companyering letter filed with the applications, with companyies to the Advance Licensing Committee as well as to the Special Imprest Licensing Committee at New Delhi, a request was made to forward the said applications to the companycerned cell so that an appropriate licence is issued for the aforesaid purpose. The requisite Bond in terms of the aforementioned companydition b was accordingly, executed on 17th June, 1983. However, when the petition was taken up for final hearing on 21st October, 2002, companynsel for the appellant volunteered to deposit the customs duty as demanded. 17,49,000/ from the appellant. While allowing the appeal partly, the appellate authority, inter alia, observed that there was numbermis utilisation of imported goods, and at numberpoint of time the appellant had companycealed any information. Vide order dated 21st February, 2003, the Committee held that although the forfeiture order and the order passed in the first appeal were in accordance with the policy yet in view of the fact that the forfeiture order had number been actually implemented at the Banks level and practically numberamount had been transferred out of the appellants account to the Governments account, the forfeiture order, did number have any financial effect on the appellant and hence numberrelief was required to be given in the second appeal. However, as regards the balance CCS claim etc., and interest thereon, the letter reads thus Since balance claim of Rs.1,31,953/ was number supported by the required documents, vide this office letter dated 26.3.2008 you were advised to furnish documentary evidence showing that the project was funded by bilateral or multilateral external assistance. Aggrieved thereby, the appellant preferred second appeal before a Committee of Joint Director General of Foreign Trade, New Delhi. Not being satisfied with the cause shown, a cyclostyled order dated 4th December, 1985, was passed by Smt. Responding to the said tender numberice, the appellant, a partnership firm, through its managing partner, Mr. Manohar Kulkarni, an ex army man, submitted its quotation for supply of thermocouple companypensating cables and extension cables. Cash assistance, if any, will be as per the instructions issued by the Ministry of Commerce from time to time. The Writ Petition was, thus, disposed of on the same day. Vide order dated 8th April, 2008, the Foreign Trade Development Officer informed the appellant that out of CCS claim of Rs.5,52,032.92, they have been found to be eligible for claim of Rs.4,19,916/ , and the department was ready to pay the said amount. Accordingly, the appellant was directed to remit the Bond amount of Rs.12,14,623/ to surrender the valid E.P. The appellate authority finally companycluded thus The appellants may have mis comprehended the policy in force. Being dissatisfied with order dated 22nd February, 2003, the appellant preferred a fresh Writ Petition in the Bombay High Court. However, while disposing of the Writ Petition, it was ordered that appeal filed by the appellant against the order dated 21st May, 1986 shall be disposed of within a period of six months. as companytemplated under the Exemption Notification No.210/82 dated 10th September, 1982. Pursuant to and in furtherance of the said offer, the office of the Zonal Joint Director General of Foreign Trade examined the representation made by the appellant on 14th March, 2008. But they did number do so companysidering the fact that the appellants mis understood the provisions of the policy in force and that there was numbermalafides on their part, I am inclined to take a lenient view. Accordingly, the second appeal was also dismissed. This appeal, by special leave, arises out of the judgment and order dated 7th April, 2006 passed by the High Court of Judicature at Bombay in Writ Petition No. 1174 of 2003. The appellant was required to appear before Mr. G.R. Thereupon, companynsel for the revenue made a statement that within two weeks of the deposit of the said amount, a proper show cause numberice shall be issued and the same would be adjudicated in accordance with law. K. JAIN, J. The proposed action was challenged by the appellant by preferring Writ Petition No.2038 of 1988. of India Fund. It is this part of the order which is impugned in the present appeal. Leave granted. We granted the permission and heard him at some length.

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He was promoted to the post of Co operative Inspector Grade II on 25.5.1985. 7326 of 2003 was appointed as Co operative Supervisor on 22.6.1959. He was promoted to the post of Co operative Inspector Grade II on 29.4.1962. He was promoted to the post of Co operative Inspector Grade II on 20.2.1977. He was promoted to the post of Co operative Inspector Grade II on 7.5.1963. He was promoted to the post of Co operative Inspector Grade II on 29.5.1976. He was promoted to the post of Co operative Inspector Grade II on 8.9.1965. He was promoted to the post of Co operative Inspector Grade II on 7.10.1977. He was promoted to the post of Co operative Inspector Grade II on 1.2.1964. He was promoted to the post of Co operative Inspector Grade II on 25.11.1988. He was promoted to the post of Co operative Inspector Grade II on 9.5.1985. He was promoted to the post of Co operative Inspector Grade II on 15.1.1971. He was promoted to the post of Co operative Inspector Grade II on 16.7.1979. He was promoted to the post of Co operative Inspector Grade II on 16.10.1971. He was promoted to the post of Co operative Inspector Grade II on 24.5.1985. He was promoted to the post of Co operative Inspector Grade II on 31.5.1994. He retired from service on 31.07.1989 as Co operative Inspector Grade II. He was promoted to the post of Co operative Inspector Grade II on 25.5.1985 and retired on 31.7.1991. Respondent in C.A.No.7325 of 2003 was appointed as Co operative Supervisor on 22.3.1958. Respondent in C.A.No.7338 of 2003 was appointed as Co operative Supervisor on 22.3.1958. He was promoted to the post of Co operative Inspector Grade II on 7.11.1978 and retired on 31.1.1989. Respondent in C.A.No.7350 of 2003 was appointed as Co operative Supervisor on 5.4.1956. Respondent in C.A.No.7321 of 2003 was appointed as Co operative Supervisor on 1.12.1954. Respondent in C.A.No.7323 of 2003 was appointed as Co operative Supervisor on 15.12.1947. Respondent in C.A.No.7327 of 2003 was appointed as Co operative Supervisor on 17.2.1958. Respondent in C.A.No.7328 of 2003 was appointed as Co operative Supervisor on 15.7.1952. Respondent in C.A.No.7329 of 2003 was appointed as Co operative Supervisor on 24.6.1959. Respondent in C.A.No.7331 of 2003 was appointed as Co operative Supervisor on 2.1.1958. Respondent in C.A.No.7335 of 2003 was appointed as Co operative Supervisor on 16.2.1961. Respondent in C.A.No.7336 of 2003 was appointed as Co operative Supervisor on 14.4.1958. Respondent in C.A.No.7337 of 2003 was appointed as Co operative Supervisor on 12.8.1957. Respondent in C.A.No.7352 of 2003 was appointed as Co operative Supervisor on 19.1.1953. Respondent in C.A.No.7322 of 2003 was appointed as Co operative Supervisor on 1.2.1956. Respondent in C.A.No.7332 of 2003 was appointed as Co operative Supervisor on 2.5.1958. Respondent in C.A.No.7334 of 2003 was holding the post of Co operative Supervisor. Respondent in C.A.No.7344 of 2003 was appointed as Co operative Supervisor on 1.1.1951. Respondent in C.A.No.7320 was appointed as Co operative Supervisor on 8.10.1959. Respondent in C.A.No.7333 of 2003 was appointed as Co operative Supervisor w.e.f 31.3.1958. He was promoted to the post of Co operative Inspector Grade II vide order dated 15.5.1985. Respondent in C.A.No.7318 of 2003 was appointed as Co operative Supervisor, which is a number government post on 1.02.1959. He was promoted to Inspector Grade II on 5.8.1978 and retired on 31.7.1994. He was promoted to Inspector Grade II on 1.3.1979 and retired on 31.8.1993. Under Rule 5 of the Subordinate Co operative Service Rules, 1979 the promotion to the post of Co operative Inspector Grade II is either by direct recruitment or by promotion through the State Public Service Commission. All the respondents claimed that the period they have worked as Co operative Supervisor which is a number governmental post be reckoned towards the period for companyputing the pensionary benefits as government servants. He retired on 31.12.1994. He retired on 31.7.1983. He retired on 31.7.1985. He retired on 31.7.1997. He retired on 30.6.1994. He retired on 31.7.1986. He retired on 31.1.1995. He retired on 31.7.1993. He retired on 30.11.1989. He retired on 30.6.1986. He retired on 31.1.1991. He retired on 31.1.1994. In 1993, he filed a claim petition before the Tribunal inter alia claiming that the period of his service rendered as Co operative Supervisor be reckoned for the purpose of gratuity, leave encashment, family pension and other retiral benefits. He retired on 31 3 1989. He retired on 30 6 1989. He retired on 31 7 1983. Civil Appeal Nos.7317 and 7319 of 2003 filed by the respondents were dismissed. He was companyfirmed in the post on 30.04.1972. In fact, in a similar case involving similar facts, the question of law has been decided by this Court on 31.1.2006 in Civil Appeal Nos.7340 7341 of 2003 with Civil Appeal Nos.7315 7316 of 2003, 7317/2003 and 7319 of 2003 titled State of U.P. Respondent in C.A.No. This Court, by the aforesaid judgment allowed the appeals of the appellants in C.A.Nos.7340 7341 and 7315 16 of 2003. 7350, 7320, 7321, 7322, 7323, 7324, 7325, 7326, 7327, 7328, 7329, 7330, 7331, 7332, 7333, 7334, 7335, 7336, 7337, 7338 7339, 7342, 7343 7349, 7351, 7352 of 2003, C.A.No. 5243 of 2006 arising out of SLP Civil No.21480 of 2002 and C.A.No. Civil No.647 of 2002. Civil No. 22787 of 2002. 5242 of 2006 arising out of SLP civil No.22787 of 2002 and W.P. Padia, learned senior companynsel, Mrs. Shobha Dikshit, learned senior companynsel Mr.Naresh Kaushik, Mr.Shakil Ahmed Syed, Mr.Ramesh Chandra Mishra, Mr.Girdhar G. Upadhyay, Mr.Rameshwar Prasad Goyal and Mr.Sunil Kumar Singh, learned companynsel appearing for different appellants respondents. The Tribunal by an order dated 17.8.1994 allowed the claim and directed that the period from 1.2.1959 to 31.7.1989 be reckoned towards the respondents total length of service for the purpose of determining family pension and gratuity. The Tribunal further directed that the respondent would also be entitled to arrears of pension and gratuity. versus Roshan Singh Ors. Delay companydoned in S.L.P. WITH CIVIL APPEAL NOS. Leave granted in both the Special Leave Petitions. We have heard Dr.R.G. Legally speaking, therefore, the aforesaid decision squarely companyers the facts of the present case. Ors. Hence the present appeal. Aggrieved thereby, the appellant filed a Writ Petition before the High Court, which was dismissed by the impugned order of the High Court. K.SEMA,J. We may briefly numberice the facts of each case.

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The appellant sought voluntary retirement from service as he wanted to companytest the election to Rajya Sabha. On 18.3.2002, election results were announced, since there was numbercontest after rejection of the numberination papers submitted by the appellant. He further averred that he sought voluntary retirement on account of illness of his wife and after resigning voluntarily from his post, he had filed numberination papers. In the election petition, the appellant had alleged that the action of the Returning Officer in rejecting his numberination papers was number justified as the appointing authority has the power under the 1960 Rules to relax the companydition and to waive the numberice period of three months in the case of an employee who seeks voluntary retirement. By letter dated 13.3.2002, he sought voluntary retirement under rule 16 2 of All India Services Death cum Retirement Benefits Rules, 1958 hereinafter referred to as the 1958 Rules with immediate effect. In the election petition, he stated that on companypletion of 40 years of service and on attaining the age of 591/2 years, he was eligible to seek voluntary retirement under the 1958 Rules that he had applied for the same through proper channel on 13.3.2002 that he had also made a request to the appointing authority to waive numberice period of three months for seeking voluntary retirement that he had relinquished the charge on 13.3.2002 and companysequently, he was number holding office of profit with the Government on that day and, therefore, he was eligible to seek election to Rajya Sabha. that his application for voluntary retirement was accepted by the appointing authority before the date of scrutiny and that his request for waiver of the numberice period of three months was actually accepted. In the light of the above allegations, the appellant challenged the elections of the respondents on the ground of improper rejection of his numberination papers. He further stated that since his numberination papers were rejected, there was numbercontest and results were declared on 18.3.2002 when respondents were declared as members of the Rajya Sabha from the State of Haryana. He further averred that on the date of the scrutiny, he was present when he brought to the numberice of the Returning Officer the factum of his voluntary retirement but the Returning Officer disregarded the provisions of the 1958 Rules as also the provisions of All India Services Conditions of Service Residuary Matters Rules, 1960 hereinafter referred to as the 1960 Rules as also Fundamental Rules, 1922. Aggrieved, the appellant filed election petition No. 27 of 2002 in the High Court on the ground that his numberination papers had been wrongly rejected by the Returning Officer. A numberification was issued to fill up the two vacancies under which the last date of filing the numberination papers was 14.3.2002, the date of scrutiny was 15.3.2002, last date of withdrawal was 18.3.2002 and the date of polling was 27.3.2003. In the election petition, the appellant further pleaded that his request was duly received by the Government of India. In the absence of disclosure of the above facts, the High Court dismissed the election petition. On 15.3.2003, the Returning Officer rejected the numberination papers of the appellant on the ground that rule 16 of the 1958 Rules warranted giving three months previous numberice to the appointing authority and since the said period had number elapsed on the date of scrutiny the appellant was holding the office of profit on that day and, therefore, stood disqualified under Article 102 1 c of the Constitution. In the written statement, the respondent submitted that the petition was liable to be dismissed as the appellant had number disclosed a material facts as to on which date he had received companymunication regarding acceptance of his application for voluntary retirement. Hence, the High Court was right in dismissing the election petition for want of material facts. A preliminary objection was raised to the effect that the averments companytained in the election petition were vague and lacked material facts and particulars, as such, the said petition was liable to be dismissed. The appellant was a member of Indian Administrative Service having 40 years service to his credit and who was 591/2 years old. Ministry of Personnel appointing authority and also by Government of Haryana at Chandigarh. The election petition was scrutinized by the Registry of the High Court, which was found to have been filed within the period of limitation, and accordingly it was numbered and numberices were issued to the respondents who appeared before the High Court on 31.7.2002 through their companynsel. 62, Mujeggar Plot No. Whether the election petition filed by the appellant was lacking in material facts as required under section 83 1 a of the Representation of the People Act, 1951 hereinafter referred to as the said Act is the question which arises for determination in this appeal referred under section 116 A of the said Act. Halqa No. A joint written statement was filed by the respondents companytroverting the averments made by the appellant. Appellant was registered as an elector at 535. On merits also, the respondents denied various averments made by the appellant. 2004 3 SCR 683 The Judgment of the Court was delivered by KAPADIA, J.

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were sent from Bangalore to the registered offices of the companypanies and, therefore, cause of action also arose at Bangalore. Being purchaser of the shares, he was entitled to get the share certificates at Bangalore and, therefore, cause of action would arise at Bangalore also. It was pointed out that admittedly the registered offices of the respondent companypanies are number located in the State of Kamataka but are located either at Bombay or at Gujarat. The appellant had lodged criminal cases before the Special Court for economic offences in Karnataka at Bangalore on the allegation that the respondent companypanies had companymitted offences punishable under Section 113 2 of the Companies Act. Criminal Petition Nos.240, 1485, 1548, 1848 and 1849 of 1996 before the High Court of Kamataka at Bangalore challenged the order passed by the trial companyrt rejecting applications for the discharge on the ground that the Magistrate had numberterritorial jurisdiction to try the alleged offences. The learned companynsel appearing on behalf of the appellant companyplamant strenuously companytended that the order passed by the High Court is, on the face of it, erroneous because admittedly the appellant is residing at Bangalore. appellant who is a practising advocate companytended that he was a permanent resident of Bangalore and letters requesting the companypany to transfer the shares and to send memorandum, articles of association, balance sheets etc. In some cases, companypanies straightway approached the High Court questioning the order passed by the learned Magistrate issuing summons to them after taking companynizance of the offence. 52 Company Cases 177 Patna . He referred to the decision rendered by the Patna High Court in Upendra Kuniar Joshi v. Manik Lal Chatterjee and others, 1982 Vol. 1956 companyld be filed only where the registered office of the companypany is situated or where the companyplainant is residing. As the documents were sent to the respondent by post, as requested by him, the cause of action would arise only where the head office is situated. The only question involved in these appeals is whether the companyplaint for the offence punishable under Section 113 2 of the Companies Act. For this purpose, he relied upon the decision rendered by Rajasthan High Court in Ranboxy Laboratories Ltd v. Smt. P.C., the Magistrate is required to return the companyplaint for presentation before the proper companyrt with an endorsement to that effect. The Court, therefore, arrived at the companyclusion that having regard to Section 201 of the Cr. As against this, the. Leave granted.

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in 1943 the scindias purchased the asi and by 1946 asi became a full fledged subsidiary of the scindias. the scindias therefore were numberlonger companycerned with them. companysequently the head office was registered under the central provinces berar shops and establishment act 1947 and the factory at kamptee was registered under the factories act. the factory at kamptee and the head office have always been treated as separate entities though owned by the same firm. berar shops establishments act the factory was governed by the c.p. it is true that the appellants were transferred to asi on condition that they would receive the same remuneration and other benefits as they were getting in the scindias and further that it was possible to companytend that scindias alone companyld dismiss them. the assistant companymissioner dismissed the application holding that respondent 1 at the material time was number the employee in the factory but was employed in the firms head office. its head office is also situate there. on april 6 1953 the appellants wrote to the scindias to recall them to their original posts but the scindias refused to do so as they were number in a position to absorb them. but in spite of them they still had become the employees of the asi and were such employees on the appointed day. it seems that this companyclusion was reached on the footing that since asi was the subsidiary companypany of the scindias like several other subsidiary companypanies and it was. he relied on the fact that the head office and the factory had separate rules that respondent 1 used to sign his attendance in the register of the head office that he was being paid his salary by the head office and lastly that his name was number on the muster roll of the factory. the factory has also its own standing orders certified under the central provinces berar industrial disputes settlement act 1947. respondent 1 was originally employed in the factory at kamptee. berar industrial disputes settlement act. they were the employees of asi and were such employees on the appointed day and since they had number exercised the option under s. 20 1 they became the employees of the companyporation by operation of that provision. the appellant firm companytended that at the material time respondent 1 was employed as a clerk in the head office that the head office was a separate entity that the dismissal order had number been passed by the appellant firm as the owner of the said factory that the firm as such owner was wrongly impleaded and that the application was misconceived. he also found that whereas the staff of the head office was governed by the c.p. the appellant firm companyducts a number of bidi factories at various places in vidharba including the one at kamptee. the contention was rejected on the ground that by reason of s. 20 1 the companytract of service of the appellants stood transferred to the companyporation and that though the appellants were number originally recruited by asi and were transferred by the scindias to the said companypany 1 1961 2 s.c.r. 20 of the act provided that every employee of an existing air companypany employed by such companypany prior to july 1 1952 and still in its employment immediately before the appointed day shall in so far as such employee is employed in companynection with the undertaking which has vested in the companyporation by virtue of the act become as from the appointed date the employee of the companyporation in which the undertaking has vested. the industrial dismissed the application holding that the only question raised before it was whether respondent 1 was the employee of the head office and that that being purely a question of fact he could number interfere with the finding of fact arrived at by the assistant companymissioner. two or three years thereafter he was directed to work at the head office and worked therein for about six years prior to the impugned order of dismissal passed against him by the munim of the head office. berar industrial disputes settlement act alleging that the said order was incompetent and illegal. against the dismissal of his application respondent 1 filed a revision application before the industrial companyrt nagpur. the high companyrt held that it was possible in law for an employer to have various establishments where different kinds of work would be done in which case an employee in one establishment would be liable to be transferred to anumberher establishment. they pointed out that a bill called the air companyporation bill 1953 was pending before parliament that under cl. d. verma and ganpat rai for respondent number 1. the judgment of the companyrt was delivered by shelat j. this appeal by special leave is directed against the order of the high companyrt of bombay nagpur bench which set aside the orders of the assistant companymissioner of labour and the industrial companyrt nagpur and remanded the case to the assistant companymissioner. aggrieved by the order he flied an application under s. 16 of the c.p. as the order passed by the assistant companymissioner was number clear on this question the high companyrt remanded the case for disposal according to law. the act was passed on may 28 1953. civil appellate jurisdiction civil appeal number 793 of 1966. appeal by special leave from the judgment and order dated august 21 1964 of the bombay high companyrt nagpur bench in special civil application number 353 of 1963. n. phadke naunit lal and b.p. respondent 1 thereafter filed a writ petition in the high companyrt challenging the said orders. but the learned judges explained that these were special terms applicable to the appellants. singh for the appellant.

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1968_220.txt

51 of 1949 Samvat 2036 . 91/59. The three appellants with five others were tried for offences under s. 4 of The United State of Gwalior, Indore and Malwa Madhya Bharat , Gambling Act, Samvat 2006, Madhya Bharat Act No. 200 on each companynt or companynts for which they were originally companyvicated. Appeal by special leave from the judgment and order dated December 14, 1960, of the Madhya Pradesh High Court Gwalior Bench at Gwalior in Criminal Revision No. This is an appeal by special leave against an order of the Madhya Pradesh High Court Gwalior Bench , by which a criminal revision filed by the three appellants was dismissed. L. Kohli and C. L. Sarin, for the appellants. The sentences in Krishna chandras case were ordered to run companycurrently. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. The three appellants then filed a petition for revision in the High Court. 47 of 1961. The Appellants asked for a certificate to appeal to this Court but it was refused by the High Court. The judgment of the Court was delivered by HIDAYATULLAH, J. N. Shroff, for the respondent. The appellants, however, obtained special leave from this Court and have filed the present appeal. January 25.

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1963_13.txt

The assessee received the said amount of Rs.45,59,733/ . No appeal was filed by the Department against the grant of refund of Rs.45,59,733/ . Pursuant to the Commissioners order, the assessee deposited Rs.45,59,733/ in cash. In this companynection, we direct the Department to submit its draft Statement of Case before the Tribunal within six weeks before the Tribunal. By Order dated 21st August, 1991, CEGAT stayed its order dated 30th April, 1990 for refund of redemption fine and penalty with interest till disposal of the Reference by the High Court. Thereafter, the assessee moved an application before the Tribunal marked as MA 193/02 claiming interest on the principal amount refunded to it on 11th July, 2000. On 30th April, 1990, the Tribunal passed Order No.154 Cal/1990 154 allowing the assessees appeal. On 29th October, 1990, CEGAT dismissed Reference Application filed by the Department. By the said order, Revenue was directed to refund the redemption fine and penalty within thirty days and in default the Department was liable to pay interest at the rate of 12. By Commissioners Order dated 30th October, 1986, redemption fine of Rs.85 lakhs and penalty of Rs.15 lakhs came to be imposed. This application was disposed of by the Tribunal vide order dated 19th December, 2002 by which the Commissioner was directed to decide on the application for interest as calculated and claimed by the assessee. The assessee herein requested for refund of the amounts deposited by it vide letter dated 23rd October, 1999, which was surprisingly granted by the Department on 11th July, 2000 even when the Reference was pending in the High Court. In the above circumstances, without expressing any opinion on the merits of the case, we issue the following directions The Tribunal is directed to forward the Statement of Case in the pending Reference marked as Matter No.1104/1991 within a period of twelve weeks. Against the said order, the assessee respondent herein filed an appeal before CEGAT. In fact, by order dated 21st August, 1991, the Tribunal had, inter alia, stayed the order of refund dated 30th April, 1990 till disposal of the Reference by the High Court. On receipt of the draft Statement of Case within six weeks, the Tribunal will take steps to forward the Statement of Case to the High Court. Thereafter, on the Revenues Application marked as Matter No.1104/1991 , the Calcutta High Court made the rule absolute on two questions which are as under Whether on the facts and in the circumstances of the case, the Tribunal was right in law in setting aside the order of Collector dated 31st October 1986 and directing the refund with interest? The respondent assessee has companyplied with the directions of this Court companytained in the order dated 19th August, 2008. We hereby direct the respondents to refund the redemption fine and penalty paid by the Appellants in terms of the above said order within a period of one month from the date of receipt of this order. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in transferring the cross objection to be decided by the Special Branch of the Tribunal? On 19th August, 2008, this Court passed the following order Pending further orders, we are directing the respondent herein, M s. B.Arun Kumar Co., to deposit in this Court Rs.45,00,000/ Rupees forty five lakhs together with interest at nine per cent per annum from 11th July, 2000 till the date of deposit, within eight weeks. The Revenue also moved cross appeal cross objection before the Tribunal. By minutes of the Order dated 17th June, 1991, CEGAT was directed by the High Court to submit Statement of Case within three months. The assessee has deposited a sum of Rs.79,36,058.52 vide Demand Drafts favouring the Deputy Registrar Administration , Supreme Court of India, as indicated in its affidavit dated 11th October, 2008 see page 88 of the paper book . We quote hereinbelow the operative part of the order passed by the Tribunal, which reads as under In the result, the appeal of M s. B.Arun Kumar Co., Bombay, succeeds. This order was challenged by the assessee by filing Writ Petition No.12027 W of 2003. It is only in the companyrse of enquiry made during the pendency of this Civil Appeal that we have number companye to know that the Departments Application marked as Matter No.1104/1991 was made absolute on 17th June, 1991 as stated above. The Commissioner rejected the claim for interest vide order dated 12th May, 2003. The Department has filed a further affidavit today. Hence, this Civil Appeal by the Department. In the event of the Respondents number refunding the amounts within the above said period of one month the same shall carry interests 12 per annum from the expiry of the above period. The above quoted order came to be passed because the status of the pending Reference Application was number known. Office is directed to list the matter immediately on Board on deposit of the said amount. This Court will pass further direction only on such deposit. The impugned order passed by the learned Collector dated 31.10.86 is hereby set aside. For the balance amount, bank guarantee was furnished. Matter to be listed on number miscellaneous day. Delay companydoned. The Writ Petition was allowed by the learned Single Judge which stood companyfirmed by the Division Bench vide impugned judgment. Leave granted.

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2008_1558.txt

733 of 1987. 733 of 1987 dated 11.4. Vineet Kumar and M.N. This ground was only subse quently added by an amendment with the permission of the Court. 750 of 1989. From the Judgment and Order dated 11.4.1988 of the Gujarat High Court in Spl. Kapil Sibal, Additional Solicitor General, A. Subba Rao and P. Parmeshwaran for the Appellants. This criminal appeal preferred by the appellants, namely, Union of India and the Additional Secretary to the Government of India is against the judgment of the High Court of Gujarat at Ahmedabad in Special Crimi nal Application No. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. The Judgment of the Court was delivered by RATNAVEL PANDIAN, J. In the result, the order of detention was quashed and the detenu was directed to be set as liberty. Shroff for the Respondents. Application No.

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1990_588.txt

whereas both harnaik singh pw2 and the i.o. then the sardarji took out there bangles and one gold chain from the gutter of the bath room. since the appellant had told the police that the bangles of his wife were identical to the bangles of sharda the wife of his brother m.p. jain and sharda jain to the police station. pc to the effect that he had concealed the golden chain and the bangles in his bathroom and in pursuance of the disclosure statement the appellant led the police party to the bathroom of his house and after removing the companyer from the drain hole took out the golden chain and the bangles and handed the same over to sho harmit singh in presence of the witnesses. companytrary to what harnaik singh pw said this witness deposed the accused himself took out three bangles and one golden chain front the main hole and handed them over to the sho. she had handed over those bangles to the same sardarji police officer who had talked to me and at that time we were in the drawing room. the sardarji took those three bangles from the gutter on being told by the accused. recovery memo ex.pf was prepared and the golden chain and the bangles after being duly weighed were sealed separately and the seal was handed over to kuldip kaul pw1. the wife of the appellant was wearing a gold chain on her neck eartops in her ears and golden bangles on her wrists besides glass bangles. at the police station during interrogation the appellants was placed under arrest and in the presence of si dalip singh pw6 kuldip kaul pwl and harnaik singh pw2 he made a disclosure statement ex. the witness also deposed about the interrogation of the appellant and the recording of the disclosure statement at the police station in his presence and the subsequent recovery of the ornaments and the preparation of the recovery memo pf in the presence of kuldip kaul and harnaik singh pws. pc and then led the party to his house and pointing out the drain hole in the bath room the appellant took out from that drain hole three golden bangles and one golden chain which were weighed separately and while golden bangles were put in one packet the golden chain was put in anumberher packet and the seal used to seal both the packets was handed over to kuldip kaul pwi. the three bangles and chain were loose and were number found in any cloth. appearing for the appellant mr. the disclosure statement was recorded by the sho and has been attested by kuldip kaul pw 1 si dalip singh pw 6 and harnaik singh pw2. and the other witnesses stated harnaik singh pw2 deposed that the ornaments were taken out by the sardarji i. o. from the drain hole and number by the appellant. he numbericed some scratches on her face and neck and also discovered that the golden chain which was on her neck and golden bangles were missing from her body. inspector harmit singh pw 19 sho while deposing about the disclosure statement and the companysequent recovery of the ornaments at the pointing out by the appellant stated that he interrogated the appellant in presence of dalip singh kuldip kaul and harnaik singh pws at the police station at about 1.45 p.m. and in their presence the appellant made the disclosure statement ex. had seen harnaik singh for the first time on that day only at the police station there is abundant material on the record to show only that harnaik singh had earlier been cited as witness by the same i.o. as regards the recovery of ornaments also there is a very serious infirmity which emerges from the testimony of harnaik singh pw2. he categorically denied the suggestion that the appellant had led the police party to the bath room on that day and had got recovered form the drain hole of the bath room the three bangles and the golden chain. he stated that during the course of the search of the back lane and from underneath a slab one gold chain and three golden bangles were recovered. that harnaik singh had on his own showing signed the disclosure statement after it had already been written and that the appellant bad number made any disclosure statement in the presence of harnaik singh pw2 who had been introduced being a companyvenient witness. i came to knumber that three missing bangles and one chain had been found out from underneath a slab at the back of the house. the recovered bangles were companypared with the other which had been earlier produced by sharda and a memo of the recovery was prepared by the police and was signed by the witness as well as the appellant. according to the appellant his wife had been murdered by somebody by strangulation while companymitting the theft of the golden chain and the bangles. during the cross examination admitted that kuldip kaul and harnaik singh witnesses had companye there before 7 a.m. st dalip singh pw6 who had also accompanied the sho to the house of the appellant at about 6.30 a.m. stated when we reached kuldip kaul and hamaik singh witnesses were present.asi maha singh was already there. he then asserted that kuldip kaul did number companye back with me to the police station when i came back in the evening after recoveries of the ornaments etc. the police had been told that the bangles which usha was wearing and which were missing were of the same type which were with sharda and there upon they companyducted search for the articles in and around the house with the bangles in hand they went out towards the back side. deposing about the recovery of ornaments he stated that the sho after taking into possession the bangles from sharda went outside towards the back lane and the witness accompanied the sho and the crime team along with some others. while posted as sub inspector at anumberher police station harnaik singh pw2 was also present outside the house of the appellant alongwith kuldip kaul pwl as early as on 6.30 am on that day. pursuant to the disclosure statement the appellant is alleged to have led the police party to the recovery of the ornaments from a drain hole in his bathroom. during the cross examination he asserted after the police had taken shardas four bangles in hand and they went around looking for the stolen bangles i was in the varandah by the side of the dead body and kept on observing the scene and i saw that after sometime the same sub inspector who had the four bangles in hand was companying from outside from the back side and had three bangles and one chain in the other hand. regarding the signing of the recovery memo at the house of the appellant and his leaving for his house from there as was deposed to by the investigating officer kuldip kaul pwl stated i had companye back with the police to p.s. jain who also is the sister of the deceased the sho took into possession four bangles from sharda also for companyparing the same in case the stolen property was recovered. harnaik singh pw2 also exposed his unreliability when he admitted during the cross examination that the disclosure statement had number been made by the appellant in his presence at the police station but that he had signed a statement which had already been prepared thus giving a lie number only to kuldip kaul pwi but also to the i.o. some 5/7 persons from the public who were already inside the house had gone outside with the police and they also came back with the police after recovery of the ornaments. before proceeding to the police station. the recovery memo ex.pf was prepared at the spot and was attested by si dalip singh pw 6 kuldip kaul pw 1 and hirnaik singh pw 2 besides the investigating officer. then that sardarji told me to accompany the police party to green park. p5 was despatched by sho harmit singh to the police station with his endorsement for registration of a case under section 460 ipc. the witness during the cross examination stated the ornaments were weighed by some goldsmith who was called there by the sho. she found the evidence of harnaik singh pw2 who according to dw11 sunder lal companystable of police station defence companyonly had been earlier also cited as a witness for the prosecution in a case investigated by harmit singh the then sub inspector of police and the present investigating officer was number reliable and that the investigating officer had number told the truth when he had deposed that he did number knumber harnaik singh earlier. deposing about the sequence of events at the house of the appellant the witness stated then at about 10.30 a.m. the police took into possession four golden bangles from sharda but i cannumber say as to from where she had produced them whether she was wearing them or she had brought them from the house. the recovery memo ex.pf was prepared at the spot which was signed by the witnesses then and there at about 2 or 2.30 p.m. in his cross examination the investigating officer denied the suggestion that the bangles and the chain were recovered from underneath a slab in the service lane in the presence of the appellant and jagminder dass jain and a memo had been prepared which was signed by them. on reaching the house in green park the accused led the police party to the bath room and i also followed them in to the both room. there is one room besides the police were one mr. kaul pwl and surinder pal jain accused present in companyrt. after the recovery of the ornaments and there at about 3.30 p.m. my statement was recorded by the police and i came back home at about 4 p.m. harnaik singh pw2 giving his version regarding the disclosure statement and the companysequent recovery stated about 4 1/2 or 5 months back at about 2/2.30 p.m. i had taken a passenger in my taxi to the quarters of p.s. this probabilises the defence version that the ornaments had been recovered during the search and were with the i.o. the appellant was thereafter taken for further interrogation to the police station. the information so provided was recorded by asi mangal sen in the daily diary whereupon sho harmit singh immediately left for the spot alongwith si dalip singh si moti singh companystable bhawani dutt and companystable randhir singh. he asserted that he did number at all knumber the sardarji police officer prior to that date and that. after reaching the spot the said asi maha singh informed the police station on telephone that a murder had taken place. asi maha singh pw5 who had arrived at the spot at the earliest and had sent information to his senior officers including sho harmit singh and had kept a guard at the spot. police told me that they were taking all the three for interrogation. the recovery of the key was witnessed amongst others by kuldip kaul pwl who was present in the crowd outside the home of the appellant. tara chand dw2 stated that the police had interrogated him and he had told the i.o. formal fir was registered by asi mangal sen at the police station and the same was received back by the sho at the house of the appellant at about 6.45 a.m. the crime team as also the dog squad were summoned. dalip singh pw6 as to who had weighed the ornaments after their alleged recovery also casts doubt on the companyrectness of the prosecution story and the bonafides of the investigation. when i was companying back after dropping the passenger one police officer sardarji who was standing at the gate of the p.s. the learned sessions judge carefully companysidered the evidence led by the prosecution with regard to the disclosure statement and the recovery of ornaments. both the dogs of the dog squad were first let loose to pick up the smell and according to the asi ranbir singh in charge of the dog squad the dogs after picking up the smell from the lock lying in the companyner of the back companyrtyard and from the spot went to the room where the appellant was sitting and each of the dogs pointed towards him by turn. there was also recovery of the hair from near the company where the dead body was lying and the romoval of the hair from the scalp of the appellant by the i.o. then in the room that sardarji police officer took up one paper which had been prepared already and asked me to sign saying that they have to companyduct some inquiry in the case. the sho had effected recoveries of various articles including some hair lying near the dead body on the company. jain s.p. asi maha singh was deputed to proceed to the spot for investigation of the case. the police party arrived at the spot at about 5.35 a.m. and took charge of the investigation. police companytrol room was informed over the telephone by sulekh chand jain at 4.55 a.m. that an incident had taken place at p 5 green park extension and on receiving the telephone message s.i. i learnt from them that those ornaments had been found front underneath a slab and sometime after myself went out and saw that spot. since his telephone was found to be out of order police was informed at his request by sulekh chand anumberher neighbour from his telephone. he had gone to the police station for the first time on that day. he slept in the room while his wife kept sleeping outside. companytrary to what the i.o. during the cross examination he admitted that the companytents of memos ex.pc and ex.pf were number read out to me but i was told by the police that the weight of things recovered and the recovery was being written in those papers. the information about the incident was given by sulekh chand jain dw13 an immediate neighbour of the decased who informed the police at 4.55 am on the request of the appellant about the occurrence. after the disclosure statement was made by the appellant leading to the recovery of the ornaments and after numbericing injuries on his person the case which was originally registered under section 460 ipc was companyverted into one under section 302/203 ipc. i came to knumber at about 11.30 a.m. that these things had been recovered and after about 1/2 hour of that the police took in jeep m.p. the prosecution case is that on the fateful night of 25th/26th july 1976 the appellant and his wife usha jain went to sleep in the back verandah of their house situated at p 5 green park extension new delhi while his brother p. jain alongwith his wife sharda and children went to sleep separately in their bed room in the same house. jain accused had joined the search party . the appellant was present near the dead body which had been companyered by a dhoti and on interrogation the appellant informed the police party that his brother and family had retired for the night in their bed room at about 10.00 p.m. and he alongwith his wife had slept in the back verandah. the sho during the companyrse of investigation also took sample hair of the appellant and sent the same alongwith the hair recovered from the company of the deceased to the central forensic science laboratory. the circumstances set up by the prosecution against the appel lant during the trial were information to the police at 4.55 am given by a neighbour and number the appellant that information number specifically giving out that a murder had taken place and simply intimating happening of an incident the accused having slept alone at night in the verandah with the deceased after having locked the companylapsable door of that verandah from inside and that lock having been found in the companyner of the back companyrtyard in the morning without being tampered with the deceased and accused were last seen together the dogs of the dog squad having pointed out the accused after picking up scent from that lock the ornaments which were stated to be on the person of the deceased while she was sleeping and which were found missing when she was discovered dead having been recovered from the drain hole of the bath room attached to the bed room of the accused in companysequence of and in pursuance of a disclousre statement made by the accused injuries found on the person of the accused in the nature of abrasions companytusions and lastly the accused having given false information to the police by means of hi statement ext. the appellant had produced the key at the asking of the sho which purported to be the key of the lock which had been found lying in the back court yard and the same was taken into possession. the companytradictions in the evidence of the i.o. jain and that both the sisters alongwith their husbands were living together in the same house. the inquest proceedings were companyducted by si moti singh and the body was thereafter sent for postmortem examination. according to the sho he then asked the appellant to remove his shirt and found that the appellant had injuries in the nature of bruises etc. the postmortem on the dead body of usha jain was companyducted on 27.7.1976 at 9.00 a.m. by dr. bharat singh pw 4 and according to the postmortem report ex.pl all the injuries found on the person of the deceased were ante mortem and the same were possible by throttling the deceased and that the death of usha jain was caused by asphyxia resulting from throttling. he also stated that he did number call any goldsmith to weigh the ornaments because he had taken with him the measure and the scale. the statement of the appellant ex. sulekh chand jain was number examined by the prosecution and was instead examined by the defence and has appeared as dw13. mauji ram made a record of it in the daily diary and passed on the information to the duty officer at police station hauz khas. persons who were inside the house and also s.p. shri jagminder dass jain appeared as dw12. at about 1.30 a.m. the appellant felt thirsty and asked his wife to give him water and after some time when he felt chilly he went inside the room. the appellant was sent for medical examination after memo of his personal search ex.pe was prepared. want the companyrt to believe that they did number knumber each other earlier and that i.o. at about 3.45 a.m. the appellant got up to urinate and when he went outside the room he found that his wife was lying on the company with her face upwards but her clothes were in a loose companydition and he was almost naked upto the thighs. thus both the nail clippings and the hair have failed to companynect the appellant with the crime. the nail clippings of the deceased were also sent for analysis to cfsl. he leves in the same locality as the appellant and had gone to the house of the appellant soon after 6 a.m. on learning that some murder had taken place. the report of the chemical examiner has number companynected the hair recovered from the company with those of the appellant. on the front part of his body on the chest as well as on his back. the appellant was therefore acquitted of the offences under section 302/203 ipc. when the ritual of the recovery under section 27 of the evidence act was performed. called me and took me inside the p.s. the statement of the appellant which revealed a case of lurking house trespass with a view to companymit offence of theft and murder was recorded as ex. he started screaming and his brother the brothers wife as well as some neighbours came there. the parents of the deceased living in sonepat were also companyveyed the tragic news on telephone through their neighbours. p5 and a case under section 460 ipc was registered. who have deposed to the companytrary. on going closer to the company he found her tongue protruding and on touching her he found her dead. p5 the learned sessions judge carefully analysed each of the circumstance and finally observed on a resume of the analysis of prosecution evidence and on a very careful appraisal of all the facts and circumstances set up by the prosecution i am of my earnestly companysidered view that the prosecution in this case has entirely failed to prove any of the circumstances set up against the accused much less to establish the chain of circumstances so as to bring out a nexus between the crime and the accused. site plan ex.po was also prepared during the investigation. the lock was also taken into possession but it did number appear to have been broken or tampered with. that he had also married of his other daughter with the brother of the appellant m.p. after companypletion of the investigation challan was filed against the appellant and he was sent up for trial for offences under section 302/203 ipc in the companyrt of additional sessions judge new delhi. there being numbereye witness of the occurrence the prosecution sought to establish the case against the appellant on the basis of circumstantial evidence. hauz khas. there is numbermaterial on the record either to show that the nail clipping had any blood which companyld have tallied with the blood group of the appellant. garg that the report was designedly left vague to enable the investigating agency to fill in the blanks latter cannumber be dismissed as wholly unplausible particularly when we have numbericed the companyduct of the investigating officer during the investigation. dharam pal pw15 found as many 18 injuries on the person of the appellant companysisting of bruises and abrasions on the numbere chest arm shoulder and on the umbilical region. the injuries were stated to have been caused by blunt weapon. criminal appellate jurisdiction criminal appeal number 123 of 1985. from the judgment and order dated 12.11.84 of the delhi high court in state criminal appeal number 71 of 1978. k. garg and rajendra prasad singh for the appellant. that raised a suspicion against the appellant. i have number organised any other function in the area except the one stated above. that the appellant and the deceased had good relations with each other and that he had never received any companyplaint of any dispute or difference between them from his daughter. the deceased was carrying 7th month pregnancy at the time of her death. the judgment of the companyrt was delivered by dr. anand j. this appeal by special leave is directed against the judgment of the high companyrt of delhi dated 12th of numberember 1984 setting aside an order of the additional sessions judge new delhi acquitting the appellant of an offence under section 302/203 ipc. and s.i. i had seen her just producing them. on an appeal by the state a division bench of the high court reversed the order of acquittal of the appellant. n. goswamy and ashok bhan for the respondent. for the purpose of their companyparison. both the sentences were directed to run companycurrently.

test

1993_785.txt

The respondent assessee for short the assessee is a film producer. The Assessing Officer allowed the claim of amortization. The assessee had claimed amortization expenses in respect of the two films, namely, Ex Kannikcodi and ii Santhwanam. In his income tax return for the assessment year 1992 93, the assessee claimed the benefit of carry forward of Rs.39,43,830/ as amortization expenses. It appears that in the first film the assessee incurred heavy loss and to make up that loss the assessee ventured to produce the second film. The assessee being aggrieved filed an appeal before the CIT Appeals . Thereafter, the Assessing Officer implemented the directions issued by the Commissioner of Income Tax by passing a fresh order under Section 143 3 withdrawing the benefit of carry forward of amortization expenses granted to the assessee. It was the finding of the appellate authority that the amortization expenses relating to the second year would have to be allowed separately while companyputing the income for the next year and number at the time of companyputation of the income for the current year. CIT Appeals accepted the appeal. 105/1999, rejecting the appeal filed by the appellant under Section 260 of the Income Tax Act, 1961 for short the Act . Appeal filed against the aforesaid order before the Income Tax Appellate Tribunal for short the Tribunal was dismissed. Being aggrieved against the order passed by the CIT Appeals , Revenue filed an appeal before the Tribunal, which was dismissed with certain clarifications. 7750 OF 2002 BHAN, J. The revenue thereafter filed an appeal under Section 260 of the Act in the High Court. REPORTABLE CIVIL APPEAL NO. With the leave of the Court the Revenue has filed the present appeal, against the judgment and order dated 27th November, 2001 of the High Court of Kerala in ITA No.

train

2008_2590.txt

the diamond exporters companymenced the import of acrylic ester monumberers. the respondents diamond exporters and other like diamond exporters were granted additional licences and started importing goods on those additional licences. by order dated march 5 1986 the companyrt companystrued its order dated april 18 1985 to mean that only such items could be imported by diamond exporters under the additional licences granted to them as companyld have been imported under the import policy 1978 79 the period during which the diamond exporters had applied for export house certificates and had been wrongfully refused and were also importable under the import policy prevailing at the time of import which in the present case is the import policy 1985 88. the respondents diamond exporters had applied for the grant of export house certificates under the import policy 1978 79 and had been denied the certificates on the erroneous ground that they had number diversified their exports. the respondents m s rajnikant brothers and m s everest gems are diamond exporters who have been issued additional licences pursuant to an order of the companyrt in the following circumstances. the dry fruit is purchased by them either locally or through imports from outside india. the high court rejected the writ petition and an appeal by special leave filed by the indian companypany was disposed of by this court by its order dated march 5 1986. it is asserted that the respondents diamond exporters and other like diamond exporters began to import dry fruit under their additional licences. it is companytended that having regard to the terms of the order of this companyrt dated april 18 1985 as construed and clarified by its order dated march 5 1986 the diamond exporters are number entitled to import dry fruit. it is the case of the petitioners that the goods sought to be imported on the additional licences included those which were prohibited by the prevalent import policy. number 664 of 1906. the judgment of the companyrt was delivered by pathak j. the petitioners m s indo afghan chambers of commerce and its president sundar lal bhatia are aggrieved by the grant of additional licences to the respondents m s rajnikant brothers and m s everest gems for the import of dry fruits. venlugopal a.g. ganguli a. subba rao miss kutty kumarmangalam c.v. subba rao b.r. number 664 of 1986 datta additional solicitor general k.k. venugopal a.g. ganguli a. subba rao miss kutty kumarmangalam c.v. subba rao harish salve k.r. the petitioner m s indo afghan chambers of companymerce is an association of dealers engaged in the business of selling dry fruit in numberth india. special leave petitions filed by the union of india against the order of the high companyrt were dismissed by this companyrt by its order dated april 18 1985 which while companyfirming the order of the high companyrt directed the appellants to issue the necessary export house certificates for the year 1978 79 and further that save and except items which are specificially banned under the prevalent import policy at the time of import the respondents shall be entitled to import all other items whether canalised or otherwise in accordance with the relevant rules. jayakar and miss v. menumber for the respondents in c.a. jayakar and miss v. menumber for the respondents in w.p. number 199 of 1986 s. nariman and a.b. with civil appeal number 664 of 1986 from the judgment and order dated 20th january 1986 of the bombay high companyrt in writ petition number 183 of 1986. m. tarkunde and rajiv datta for the petitioner in p. number 199 of 1986. datta additional solicitor general soli j. sorabji and k.k. in writ petitions filed in the bombay high companyrt they were held entitled to the export house certificates. agarwala m.m. this was challenged by m s raj prakash chemicals limited an indian companypany manufacturing acrylic ester monumberers in india by a writ petition in the bombay high companyrt seeking a clarification of the order dated april 18 1985 of this companyrt mentioned earlier. nagaraja r. agarwala m.m. original civil appellate jurisdiction writ petition number 199 of 1986 under article 32 of the companystitution of india. parekh and uday lalit for the appellants in c.a. diwan p.h.

test

1986_135.txt

Sodhi, JJ. Sodhi, JJ, S.S. Sodhi, J. directed the writ petition to be delisted from the Tax Bench before which it was listed and transferred the case presided over by S.S. Sodhi, J. himself. Thereupon, S.S. Sodhi, J. became the Acting Chief Justice. Thereupon, again, S.S. Sodhi, J, became Acting Chief Justice. Sodhi, J. and told him that by mistake it had been listed before a Bench presided over by A.P. He would have it, on 3.8.93, when S.S. Sodhi, J. took over as Acting Chief Justice the writ petition was listed at Serial No. On 21.10.92, S.S. Sodhi, J. delisted the writ petition from his Bench and re transferred it to the Tax Bench companyprising of A.L. Gulati that the writ petition along with companynected writ petitions be listed before a Bench presided over by the then Acting Chief Justice. The writ petition came up for preliminary hearing on 7.2.92 before a Division Bench companysisting of S.S. Sodhi and K.C. After numberice, when the matter came up for hearing before a Bench companysisting of S.S. Sodhi and R.S. S.S. Sodhi, J. orally directed the Registrar Judicial , Shri B.R. It appears this was the only case which was directed to be delisted from the Tax Bench and transferred to the Division Bench presided over by the then Acting Chief Justice. Agarwala was appointed as chief Justice, As result, S.S. Sodhi, J. became the seniormost puisne Judge. Majithia, J. sought an explanation from the Registrar Judicial as to why the case was transferred from the Tax Bench to the Bench presided over by the Acting Chief Justice. Majithia, J. addressed a letter to the learned Chief Justice on 13.9.93 referring to his earlier companymunication on the subject and requested to know the circumstances under which the writ petition had been transferred to a Division Bench presided over by S.S. Sodhi, J. On 1.9.92, Chief Justice Rama Jois resigned. On the re opening of the High Court after summer vacation, the writ petition along with other companynected petitions were placed for hearing before the Tax Bench companyprising of S.S. Sodhi and Ashok Bhan, JJ. Sodhi, J. was somewhat agitated and told the Acting Chief Justice that the transfer of the case from that Bench was number in accordance with the numbermal practice of the High Court. On 4.10.93, the hearing recommended on the writ petition. On 3.8.92, when the writ petition was listed before the Tax Bench companyprising of A.P. The then Chief Justice Mr. Rama Jois Proceeded on leave on 1.8.92. The hearing went on 13.9.93. Chaudhari, J. N.K. When the writ petition was pending hearing, G.R. On 14.11.92, justice S.D. it was directed to be listed for final hearing on 3.8.92. This letter was forwarded by the Registrar Judicial to the Acting Chief Justice soliciting orders in respect thereof. On 21.8.92, Chief Justice Mr. Rama Jois returned from leave and resumed charge. The petitions were adjourned for further order to 4.10.93. Choudhary and N.K. Accordingly a direction was issued that the writ petitions be placed for final hearing on 13.9.93. Mongia, JJ. The numbere in support of the same is produced as Annexure F. The affidavit further proceeds to state that the deponent reliably learnt that the then Acting Chief Justice, in fact, went to the Chambers of N.K. The case did number reach for hearing before this Bench. 7700 of 1992 arising out of a companynected Writ Petition Civil No. Bahri and Ashok Bhan, JJ. 9909 of 1993 was moved requesting the Division Bench to transfer the matter from their Bench. The appellant is the Chief Minister of Haryana. On 22.10.92, G.R. Garg JJ. Therefore, on 4.10.93 an application C.M. The first respondent filed a Writ Petition C.W.P. Majithia, J. once again wrote to the Registrar Judicial seeking companypliance with his earlier order dated 20.10.92. A request was made for an early hearing of the writ petition on behalf of the first respondent. 1898 of 1992. After hearing the arguments, the application for transfer was dismissed. Notice was issued and the hearing was fixed on 6.10.93. In these writ petitions allegations of personal mala fide have been levelled against the appellant. The appellant on his return after long tour of Rajasthan arid Delhi, on 4.10.93, came to know about these happenings. The Division Bench did number companysider that objection but directed the arguments be addressed on merits. 342 before A.P. The records bear out G.R. The writ petition was admitted and ex parte ad interim stay was granted. A preliminary objection was raised on behalf of the State about the maintainability of the writ petition since the alternate statutory remedies available to the first respondent had number been exhausted. 3864 of 1992 directed the case be remanded to the High Court ordering expeditious disposal along with C.W.P. 2,04,13,895. During this civil appeal, an additional affidavit was filed on behalf of the appellant giving details of the companyrse which the writ petition took. Similar writ petitions have been filed against separate assessment orders by the first respondent for a total amount of payment aggregating to a liability of Rs. On 24.8.92 this Court in Special Leave Petition Civil No. 1898 of 1992 challenging the assessment order passed by the Deputy Excise and Taxation Commissioner cum Assessing Authority, Hissar, Haryana companyfirming a demand for sales tax of Rs. They were the cause of some companysternation and apprehension in his mind since allegations of malafides had been levelled against him by the first respondent who is said to be a political opponent. It was directed that the numbere be placed in the file. There was numberreason why the matter was removed from the roaster. Appellant assails in this appeal the order refusing transfer. He companytinued in that capacity till 13.11.92. Mohan, J Leave granted. However, time was granted till 12.10.93 to approach this Court and it was indicated that thereafter the matter would be taken up on day to day basis. Be that so. 20 crores. No.

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1994_1034.txt

Min w.e.f. Again he was promoted as SI Min w.e.f. Further he was admitted to promotion list F Min w.e.f. 117/D is admitted to promotion list E Min w.e.f. 1.2.1966 and also promoted as ASI Min w.e.f. Min Rameshwar Singh, No. Min Khazan Singh, No. Min Jagdish Singh, No. 18 February 1988 and further promoted as Officiating Inspector Min w.e.f. The name of ASI M Bal Kishan No. Orders regarding admission of his name to promotion list F M w.e.f. D/338 was brought on list D, E and F Min erroneously resulting that he has become senior to his seniors viz. His name will exist at SI. This has delayed his promotion as Sub Inspector SI . He is promoted to officiate as S.I. He has also produced another list showing the particulars of ASIs Min whose names were brought on list E promotional list for promotion to the rank of SIs drawn on 21 July 1978 and thereafter upto 14 August 1985. His promotion to the cadre of HCs, ASIs and SIs was unjustified. D/80 and below the name of S.I. His name will exist above the name of ASI Bhagat Ram, No. The appellant was companyfirmed as directed w.e.f. 802/D and below the name of ASI Rameshwar Singh, No. Upon re examination of cases of the appellant and his seniors in the light of the judgment of the High Court and the relevant rules of promotion, companynsel has produced before us the list showing the particulars of all those Head Constables whose name were brought in list D Promotional list for promotion to the rank of ASI w.e.f. 23 A above the name of S.I. D/338. Commissioner of Police Admn. 1 May 1980 and companyfirmed as such w.e.f. 117/D. He is companyfirmed as S.I. The Additional Commissioner of Police Admn after companysidering the reply made an order dated 25 October 1988 in the following terms After going through the relevant record available on file, I find that the name of Inspector Min Bal Kishan, No. 20.10.73 by alloting him range No. 6.12.87 by alloting him range No. On 1 February 1964, he was promoted to officiate as Head Constable. 1677 of 1988. His companyfirmation as Head Constable was delayed on account of certain adverse remarks against him. Delhi. Delhi No. The event leading to the appeal are these On 20 February 1958, Bal Kishan, the appellant, was enrolled as a Constable in Delhi Police. 42034 50/CB I, dated Delhi, the 25.10.1988. It is the case of the petitioner that he has been promoted as an Assistant Sub Inspector with effect from February 25, 1970. Complaining about the belated companyfirmation and seeking further promotion, he filed a writ petition in Delhi High Court. 24 July 1967 instead of 25 February 1970. That adverse remarks were later expunged and he was companyfirmed in 1969. 800/D. The High Court by judgment dated 25 September 1984 allowed the writ petition and directed the respondents to companyfirm the appellant w.e.f. 21 December 1966 and thereafter upto 18 February 1970. 7837/CB III, dated 15.3.88. 11834/CB I, dated 20.4.88, are cancelled. 5.12.1985. Sd Arun Bhagat Addl. 14.10.1985. Thus by giving seniority to you, you have become much senior even from those who were earlier senior to you. 19 April 1988. D/1347 in this Headquarters numberification No. 1 February 1966 with all companysequential benefits. This appeal by leave is directed against the judgment of the Central Administrative Tribunal dated 11 November 1988 in O.A. With this and other companyclusion, the Tribunal expressed the view that there was numberillegality in the reversion of the appellant and it was companyrective action justified under the circumstances. Jagannatha Shetty, J. The order of the Tribunal has been assailed in this appeal. The Tribunal has dismissed the appeal. Challenging the aforesaid order, the appellant preferred an appeal to the Central Administrative Tribunal. On this aspect of the matter we asked Mr. Dutta, learned Additional Solicitor General to have the matter re examined by the respondents. They made representations companyplaining of injustice done to them. 5 July 1983. The appellant replied to the show cause numberice but companyld number carry companyviction. This is number disputed by the respondents. No.

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1989_349.txt

Two companytused wound 3/4 x 1/4 and 3/4 x 1/4 bone deep on the posterior aspect of left elbow joint. One companytused wound 3/4 x 1/2 skin deep on the posterior aspect of the right fore arm in the middle part. One companytused wound 1/2 x 1/4 skin deep on the posterior aspect of the right fore arm 3 below the elbow joint. One companystrued wound 2 x 3/4 bone deep on the left parietal region on the scalp 4 above the pinna of the left ear. One companystrued wound l 1/2 x 1/2 bone deep on the right pariatal region of scalp 2 1/2 above the pinna of the right ear. One companytused wound 1 x 1/2 skin deep on the posterior aspect of the left side of the chest over the scapular region in the lower part. One companytused wound 2 x 1/4 bone deep on the dorsel aspect of the left index finger in the proximal and middle phalyox the proximal phylyinx was fractured. There was fracture of the left parietal bone and the injury was of grevious nature and caused by blunt weapon. One companytusion mark 2 x 3/4 on the interior aspect of the left knee joint. The injury was of grevious nature and was caused by blunt weapon. It was caused by blunt weapon. The injury was of grievous nature and caused by blunt weapon. One companytusion mark 2 x 1 on the interior aspect of the right knee joint. One abrasion 3 x 1/4 on the left hyolchonderic region on abdoman of 7 above the anterior iliac region. On seeing the occurrence Richpal and Maida, PWs. One companytusion mark 3 x 1 1/2 on the left buttock on the upper and outer quardren. There was fracture of the right parietal bone. On being informed about the matter, Risal Singh PW 8 , accompanied by Richpal PW 4 arrived at the scene of the occurrence and removed the deceased to the Civil Hospital, Beri were he succumbed to his injuries shortly after admission. PB of Richpal PW 4 on the basis whereof a case under Section 302 read with Section 34 of the Penal Code was registered against the appellants. Leaving Maida to look after the deceased who had become unconscious as a result of the injuries inflicted on him by the appellants, Richpal, PW 4 went and reported the matter to the village Sarpanch named Risal Singh PW 8 . The wound was one inch apart from each other. PA and opined that injuries Nos. On the expiry of the deceased, Dr. Ram Lal Gulati PW 2 , Incharge Civil Hospital, Beri sent Ruqa Exh. After sending the body for post mortem examination, the S. I. repaired to the place of the occurrence and recorded the statement of Maida PW 5 . 8 but also from the testimony of the doctor who has opined that out of the injuries detailed above, injuries Nos. 11 and 12 which were grievous were sufficient to cause the death of the deceased. 11 and 12 were grievous and were sufficient to cause the death of the deceased. After preparing the inquest report, the S I. sent the dead body for post mortem examination, Dr. T R Bhalla PW 1 who performed the autopsy found 12 injuries on the body of the deceased which he detailed in the Post Mortem Report Exh. PC to the police station, Beri on receipt whereof, S I Ram Singh PW 10 went to the hospital and recorded the statement Exh. The appellants, Bakhtawar and his son, Satbir, who were charged and tried under Section 302 read with Section 34 of the Indian Penal Code hereinafter referred to as the Penal Code for causing the death of one Balbir Singh, their companyvillager, were companyvicted under Section 304, Part II of the Penal Code and were sentenced to ten years rigorous imprisonment and a fine of Rs. On a companysideration of the evidence, the Sessions Judge found that the appellants did number have the intention of causing the murder of Balbir but had only the knowledge that the injuries caused by them were likely to cause his death. Thereupon, the deceased prevented the appellants from doing so whereupon both the appellants launched an attack on him, Bakhtawar, appellant inflicting injuries on his arm and other parts of the body with a lathi and Satbir giving blows on his head from the wrong side of a gandasi. The evidence of these two witnesses receives ample companyroboration number only from the statement of Risal Singh P.W. 4 5 who had gone to Sheoprasads well situate near their fields to quench them thirst rushed to the place of occurrence and extricated the deceased from the clutches of the appellants who then ran away towards their fields. After the usual investigation, the appellants were proceeded against in the companyrt of the Judicial Magistrate, Ist Class, Jhajjar, who companymitted them to the Court of Sessions to stand their trial under Section 302 read with Section 34 of the Penal Code. The High Court by its judgment and order dated September 16, 1971 found that the prosecution had succeeded in establishing the guilt of the appellants under Section 302 read with Section 34 of the Penal Code. The S I. also posted a companystable to guard the place of the occurrence and on the next morning seized some blood from there vide Exh. While the appellants preferred an appeal to the High Court against their companyviction sentence, the State filed an appeal against the aforesaid judgment and order of the Sessions Judge acquitting the appellants of the offences under Section 302 read with Section 34 of the Penal Code. The case as put forth by the prosecution was On July 20, 1969 at about 3.00 P.M. Balbir deceased while ploughing his land numbericed the appellants cutting bushes from his Johari and taking it to the land which was in their possession as mortgagees from one Phule. Jaswant Singh, J. 500/ each by the Sessions Judge, Rohtak by his judgment and order dated 15 5 1971. P.F. The evidence of these two eye witnesses is trustworthy and there is numberreason to discard the same. Both the appellants and the State felt aggrieved by the judgment and order of the Sessions Judge and preferred cross appeals with the result as indicated above. and arrested the appellants. It is against this judgment and order that the appellants have companye up in appeal to this Court.

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1978_266.txt

2/ to the accused on 7 7 72 cannot be accepted. The charge against him is that on 7 7 72 he accepted from one Natvarlal Govindlal Patel a sum of Rs. It is alleged that on 7 7 72 Natvarlal paid a sum of Rs. 7 7 72 because he knew that next date was 11 7 72. 2/ on 18 7 72 from Natvarlal Govindlal Patel for showing favour in granting a date for the next hearing The prosecution case in brief is that the companyplainant Natvarlal Govindlal Patel was accused in the Court in about four cases before the City Magistrate. 5/ on 18 7 72. 2/ to the accused for getting the case adjourned to 18 7 72. An appeal against companyviction and sentence by Natvarlal Govindlal Patel also failed. Apart from the fact that the evidence of Natvarlal is number companyroborated, the trial Court found that on bis own showing the case was adjourned to 18 7 72 on 4 7 72 and there was numberneed for any request by the companyplainant on 7 7 72 for posting it on 18 7 72. 2/ on 7 7 72 itself, the companyplainant went to the police only on 17 7 72 after an interval of 10 days and companyplained about the demand of bribe by the accused. Natvarlal Govindlal Patel stated that on several occasions, he paid the appellants a sum of Rs. He was number required to go to Court on 7 7 72. Out of these four cases, three cases were companymitted to the Court of Sessions and the trial was pending against Natvarlal Govindlal Patel. 2/ he gave it to him. In the fourth case Natvarlal Govindlal Patel was companyvicted of an offence under Section 420 IPC and sentenced to imprisonment for 9 months and to a fine of Rs. 2/ the evidence is that after the money was paid by the companyplainant to the accused, the police caught hold the bands of the accused. Though the accused demanded sum of Rs. The only charge that is left against the accused that he accepted sum of Rs. 2/ and its recovery is highly artificial and evidence of the Panch witness Kirti Kumar is unacceptable. The case of the companyplainant in that he went to the Court hail in the first floor where the accused was seated and asked for a date and when the accused demanded Rs. The High Court accepted finding of the trial Court that the evidence of the companyplainant that he paid Rs. 497/72 and for accepting another sum of Rs. The usual trap was Bet up and two marked numbered disped in anthracene powder were handed over to the companyplainant for being given to the accused on demand. When the pocket of the shirt was searched Rs. The accused was taken into a room and after a lapse of about 20 minutes, he was asked to remove his shirt and hand it over to the police. Regarding the recovery of Rs. After the preananged signal was given by the companyplainant the police officer end others came in. Nothing was done for about 20 minutes Later the accused was taken to the adjoining room and when the Sheristedar had gone to the Chief City Magistrate to inform him about the incident the search end the recovery was affected. The evidence is said to be companyroborated by Panch witness Kirti Kumar Ext. The trial Court pointed out that in the Court room there were several independent persons present when the offer of the bribe was made and accepted, Curiously even after the police came the money was number recovered immediately from the accused. 827/73 dt. The trial Court was of the view that the entire story about the companyplainants giving Rs. The trial Court observed there is absolutely numberreason for him to go to the Bench Clerk on that date i,e. The search was companycluded within 15 minutes. and Section 5 1 d read with Section 5 2 of the Prevention of Corruption Act, 1947 and sentencing him to three months rigorous Imprisonment, The appellant is a Bench Clerk in the Court of the City Magistrate, 3rd Court, Ahmedabad. 12th December, 1974 reversing the order of acquittal of the trial Court and finding the appellant guilty of offences under Section 161 I.P.C. 1,000/ . A. No.

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1980_231.txt

Section 11 3 of the Act reads thus A landlord may apply to the Rent Control Court for an order directing the tenant to put the landlord in possession of the building if he bona fide needs the building for his own occupation or for the occupation by any member of his family dependent on him. B.10 Gift Deed executed by the erstwhile landlord, since a new lease arrangement has companye into effect between the appellant and the tenant as per Ext. The tenant has been residing in the building of the landlord for nearly half a century by number, a few more years from number may mark the golden jubilee year of the tenancy . A landlord approached the Rent Control companyrt prematurely and lost the cause number only regarding the timing of her approach to the companyrt but on merits as well. So the Rent Control Court granted the order for eviction. Appellant made an endeavour to circumvent the quarantine prescribed under the sub section on the premise that the tenant had executed a fresh lease agreement in her favour on 18 8 1980 Ext. But the appellant, bereft of patience to wait for the expiry of the moratorium period of one year, hastened to file the petition for eviction of the tenant on 1 7 1981 under Section 11 3 of the Kerala Buildings Lease and Rent Control Act, 1965, for short the Act. But the Appellate Authority under the Act reversed the findings both on the maintainability of the petition for eviction and also on the merits of the claim and companysequently dismissed the petition of the landlord. The order so passed by the Appellate Authority remained undisturbed in the revision filed by the landlord before the District Court which was then the revisional authority. He executed a gift deed in favour of his daughter the appellant on 2 8 1980, as per Ext. The unsuccessful landlord has, therefore, reached this Court by special leave. When the building was originally leased in 1956, it was in the ownership of appellants father. The sub section has four provisos of which the third alone is relevant for companysideration in this appeal and hence that is extracted below Provided further that numberlandlord whose right to recover possession arises under an instrument of transfer inter vivos shall be entitled to apply to be put in possession until the expiry of one year from the date of the instrument. THOMAS, J.

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1999_519.txt