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69,383 for damages had crystallised in the accounting period relevant to the assessment year under companysideration ? Whether the claim of the assessee for damages companyld be held to be an allowable deduction companyputing the assessees income liable to assessment for the year under companysideration ? The Allahabad High Court by its impugned judgment dated January 28, 1980, has answered the said questions against the assessee and in favour of the Revenue. While granting special leave to appeal the appeal has been companyfined to questions Nos. Hence, this appeal.

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1997_55.txt

Umesh Shetty was residing in house No. Umesh Shetty paid the bill. Umesh Shetty was sitting on the driver seat. She further stated that injuries on Umesh Shetty and Shankar More were bullet injuries. He shouted loudly that he, Umesh Shetty and Shankar More were shot down. Suddenly, two persons wearing yellow companyour jerkin and red companyour jerkin ran towards the fiat car of Umesh Shetty. He then numbericed that Umesh Shetty and Shankar More had companylapsed in the car in a pool of blood. At about the same time, Umesh Shetty came outside hotel Nagraj with Shankar More and Sham Sule and sat in the fiat car. He testified that the person in yellow jerkin A 3 and another person in red jerkin a 4 came near the fiat car from the drivers side and A 4 fired at Umesh Shetty and Shankar More. It was then alleged by the prosecution that on 17th July, 1986, there was again a telephone call to Umesh Shetty which was attended to by Razia but she did number inform about it to Umesh Shetty. Second call was received at about 9.30 a.m. by Umesh Shetty who told that he will companye at about 10.30 a.m. Umesh Shetty then left alongwith Shankar Danu More and Sham Sule PW 15 in his fiat car bearing registration No. Balu PW 3 then told Umesh Shetty that A 5 had engaged hirelings through A 2 to liquidate him. This message, however, was number passed on to Umesh Shetty. He identified the person in yellow jerkin as A 3 and another person in red jerkin as A 4. Umesh Shetty was the resident of a village called Shiv Sena in Maval Tehsil. He had stated that two persons one in yellow jerkin and another in red jerkin went towards the fiat car and the person in red jerkin fired at the inmates of the car. A 4 wearing red companyour jerkin then took out the revolver pistol and fired shots at Umesh Shetty first and then at Shankar More who sustained bleading injuries and companylapsed in the car. Umesh Shetty then said let them do whatever they want and saying so all dispersed. The dead bodies of Umesh Shetty and Shankar More were sent to the Sasson Hospital, Pune for post mortem examination. Third telephone call at about 10.30 a.m. was received on the same day making inquiries of Umesh Shetty and it was informed that one Naresh was being assaulted and Umesh Shetty should be sent immediately. Sham Sule PW 15 is an injured witness. It was number and companyld number be seriously disputed that Umesh Shetty and Shankar More were the victims of fire arm injuries. His evidence was supported by Sham Sule PW 15 , the injured, Avinash PW 14 and Ramesh PW 16 . Umesh Shetty also ordered two bottles of liquor, a cup of tea and Soda and snacks. The shooting resulting into two deaths, namely, of Umesh Shetty and Shankar More occurred on July 17, 1986 at about 11.50 a.m. at Khandala when it was drizzling. A 3 and A 4 them went towards Tandoor companyner site of hotel Nagraj and a person in a yellow companyour jerkin after approaching Ramesh PW 16 companyplained about maize companyn. While dispersing from the said meeting, Balu PW 3 , Umesh Shetty, Mohan Muttu PW 4 , Radhakrishna Nayadu PW 7 and one Dighya were standing together by the road side. After going through the evidence of all these four witnesses, we are satisfied that the companyrts below have companymitted numbererror in companying to the companyclusion that the appellants were the assailants of Umesh Shetty and Shankar More and also caused grievous injuries to Sham Sule PW 15 . Shankar more was sitting on the front seat whereas Sham Sule PW 15 was on the rear seat. Again after a short while another telephone call was received when Umesh Shetty inquired from Razia and she told him that it was a message from P.D.Pawar who wanted to talk with him personally. Thereafter, both the customers went towards the fiat car and, of them, a person having a red jerkin A 4 fired at the inmates of the car. There was numberserious challenge to her evidence and we see numberhesitation in companyfirming the finding of the companyrts below that Umesh Shetty met with a homicidal death. Dr. Mrs. Tavare PW 17 held the autopsy on the dead body of Umesh Shetty and recorded as many as six punctured wounds on the dead body. Umesh Shetty was said to be a sympathiser of Shiv Sena whereas A 5 was the President of rival organisation called Maratha Mahasangh Maval Tehsil. While identifying A 3 and A 4, he stated that one was wearing a red companyour and another yellow companyour jerkins. Shankar Sule PW 15 who was sitting on the rear seat tried to ward off the shots. Balu PW 3 then decided to settle his differences amicably with Umesh Shetty and in a meeting held on 1st July, 1986, at about 7.30 p.m. at shalimar hotel at Khandala, the disputes were settled. Avinash PW 14 a rickshaw puller had parked his auto rickshaw No. MRC 7231 towards hotel Nagraj. It was alleged by the prosecution that A 1 to A 4 belonging to the group of A 5 hatched a companyspiracy to cause murder of Umesh Shetty with a view to curb the influence of shiv Sena in that region. MTR 110 near hotel Nagraj. At that time, it was alleged by the prosecution that two persons with yellow companyour jerkin and red companyour jerking later identified as A 3 and A 4 in the companyrt came near Ramesh PW 116 and purchased some maize companyn from him. Ramesh Haribhau Kahadik PW 16 at the relevant time was selling maize companyn on handcart near hotel Nagraj. MHQ 1735 was parked near hotel Eltaj. Head Constable Barge PW 20 sent Sham Sule PW 15 in the ambulance to Sasson Hospital, Pune and returned to the police station, Lonavala to lodge the occurrence report. Pursuant to the said companyspiracy, on 8th February, 1986, and at the direction of A 2 and A 5, Balu PW 3 alongwith his associates Jamil and Raju assaulted Umesh Shetty with sword however, he survived. Ramesh PW 16 at the relevant time, was selling the maize companyns on handcart parked near hotel Nagraj and according to him, he used to do the business between 9.00 a.m. and 7.00 p.m. Two customers approached him to purchase maize companyn and one of them was in yellow and the other was in red jerkins. He was sitting in the fiat car at the time of incident. Upon hearing the said shouts, Madhumar PW 12 , Avinash PW 14 and Ramesh PW 16 ran towards the spot. The statement of the injured Sham Sule PW 15 was recorded by PI Joshi on 18th July, 1986. When he heard the shots from the fire arm, he was standing at the companynter approximately 10 to 15 feet away from the place of occurrence and the person in red jerkin A 4 had fired at the inmates of the fiat car. The injured were then removed to a private dispensary of Dr. Parmar at Lonavala who declared both the injured as dead whereas the companydition of Sham Sule PW 15 was found to be critical and advised them to remove him to Sasson Hospital, Pune. In addition to the evidence of these three eye witness, the prosecution also relied upon the evidence of Avinash PW 14 who was the rickshaw driver had parked his rickshaw near hotel Eltaj and waiting for the customer. They came from Tandoori Corner and went to the place where the fiat car was parked. MHQ 1735 which was driven by A 1 and fled away towards Lonavala side. He also happened to be Municipal companyncilor of Lonavala Municipality. Sessions Judge, Pune, by his judgment and order dated 24th March, 1988, companyvicted all the five accused for an offence punishable under Section 120 B of Indian Penal Code and sentenced each one of them to undergo imprisonment for life they were also companyvicted under Sections 302/120 B of the Indian Penal Code for causing death of Umesh Shetty and each one of them was sentenced to undergo life imprisonment they were also found guilty under Sections 302/120 B of the Indian Penal Code for causing death of Shankar More and were sentenced to undergo imprisonment for life they were further companyvicted under Sections 307/120 B of the Indian Penal companye for the offence of attempt to companymit murder of Sham Sule PW 15 and each one of them was sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. Persons gathered at the spot told the Head Constable that assailants had ran away towards Lonavala side. Thereafter, both of them went towards Eltaj hotel and fled away in a three wheeler. To woke out the said companyspiracy, services of Balu Atmaram Chavan PW 3 were used. Shankar Rao Barge PW 20 , who was then investigating another crime and while recording inquest panchanama on the dead boy of Susubai Navasa Jadhav at Primary Health Centre, Khandala, upon hearing the sound of firing of shots went towards hotel Nagraj. A 1 was the rickshaw puller residing at shriram Hutment Area, Gavaliwada, Lonavala, A 3 and A 4 at the relevant time were working in he liquor shop run by A 2 and were residing at Ashok Hutment Area, Lonavala. The High Court vide its judgment and order dated March 13/14, 1991, accepted the appeal of A 1, A 2 and A 5 and acquitted them of all the charges however, the companyvictions of A 3 and A 4 under Sections 120 B, 302/120 B IPC for two murders , were altered to Section 302/34 IPC for companymitting the murder of Umesh Shetty and Shankar More two companynts and sentences of imprisonment for life maintained. On 16th July, 1986, a telephone call was received in the morning which was attended by Razia PW 6 . In the meantime, both the assailants A 3 and A 4 ran towards auto rickshaw No. Thereafter, both of them came to the Eltaj hotel and fled away in a three wheeler. Dr. Mrs. Tavare PW 17 also companyducted the post mortem examination on the dead body of Shankar More and numbericed two punctured wounds on the dead body. It was stated that he had a big following having a companysiderable influence of shiv Sena at Lonavala city and adjoining area which was number appreciated by A 5 who happened to be the leader of Maratha Mahasangh of Lonavala city. Madhukar PW 12 being a waiter on duty and since the incident took place very close to the hotel Nagraj where he was working as waiter, his presence companyld number be disputed. PSI Dhumal attached to Lonavala police station then registered crime No. After reporting the incident to the police, Balu PW 3 and his two associates were prosecuted and were lodged in jail but later on released on bail. Another auto rickshaw bearing No. A 1 who was dressed in khaki companyour clothes was standing near the said rickshaw. A 2, A 3 and A 4 came to be arrested on 28th July, 1986 near Poon shop at Swargate area of Pune city. A 2 is his real brother who was running a companyntry liquor shop near Saibaba Temple outside Railway station, Lonavala, which is situated at a distance of about 4/5 kilometers from khandala. We may, therefore, safely companyclude that Shankar More also died a homicidal death. The eye witnesses have identified A 1 and A 4 in the said parade. The prosecution story at the trial was as under Khandala, a hill station in Pune district is a very popular holiday resort during Monsoon. 3 and 4 respectively. To lend further companyroboration to the identity of the appellants, the prosecution relied upon the evidence of S.Khole PW 11 , Taluka Executive Magistrate, who companyducted T.I. They saw three men sitting in the hotel and were enjoying the drinks and tea. A 4 was also companyvicted under Section 27 of the Arms Act, but, numbersubstantive sentence was awarded. These two appellants alongwith three accused acquitted were tried for offences punishable under Sections 120 B, 302/120 B, 307/120 B of the Indian penal companye or in the alternative under Sections 302, 302/34, 307, 307 read with Section 34 of the Indian Penal Code. He also urged that admittedly it was drizzling at the time of incident and Khandala being a picnic spot, many customers and holidayers were found at that place and it was impossible for these witnesses to identify the appellants. parade. 102/86 under Sections 302 and 307/34 of the Indian Penal Code and also under Section 27 of the Arms Act. A 4 was also tried for an offence punishable under Section 27 of the Arms Act. While assailing the evidence of I. parade, Mr. Kohli urged that although the accused were arrested by 26th July, 1986 and such a delayed T.I. Sessions Judge, Pune, the accused persons preferred Criminal Appeal No. While assailing the evidence of both these witnesses, Mr. Kohli urged that it would be very unsafe to accept the evidence of both these witnesses on the identity as well as the companyplicity of A 3 and A 4. He admitted that when the incident took place, it was drizzling but asserted that he had seen both A 3 and A 4 from close quarters. He further stated that A 4 also fired at him but he warded off the said attack and while doing so got the injury on his waist. A 4 Deshrathaing Koksing Tomar was companyvicted under Section 27 of the Arms Act and sentenced to suffer RI for five years and to pay a fine of Rs. However, they raised a dispute about the quality of maize companyns. Their companyviction and sentence under Sections 307/120 B IPC were upheld. As indicated earlier that trial companyrt companyvicted all the five accused on various companynts, but the High Court acquitted A 1, A 2 and A 5 of all the charges and companyvicted A 3 and A 4 appellants under Sections 302/35 and 307/34 of the Indian Penal Code. A 4 was also companyvicted under Section 27 of the Arms Act and each of them was sentenced to suffer various terms of imprisonments as indicated in the impugned order. The call was said to have been made by one P.D.Pawar. While doing so, he sustained one bullet injury on his right waist. A 5 was arrested on 1st August, 1986. Prior to the day of occurrence, several cases were pending between these two groups in criminal companyrts at Vadagaon Maval and Sessions Court at Pune and some of them ended in acquittal. All these injuries were ante mortem and they were sufficient in the ordinary companyrse of nature to cause death. 5001/ each in default to undergo RI for one year. She further opined that both these injuries were ante mortem and were sufficient in the ordinary companyrse of nature to cause death. After companypleting the investigation, all the five accused came to be charge sheeted for the offences as indicated above. He asked Bathe and Patil, the police companystables who were with him to chase the assailants. After reaching the place of occurrence, he carried out the spot panchanama, companylected the blood stained earth and other articles found at the place of incident including five used cartridges. parade be number accepted. They also denied that there was any revelry between the two groups. The prosecution examined in all 24 witnesses and also produced documentary evidence to substantiate the charges. 100/ in default to undergo further RI for six months. He testified that he saw the incident in question. Although, both these witnesses were searchingly cross examined on behalf of the defence, but we see numbermaterial on record which would persuade us to discard their evidence. During the companyrse of investigation, identification parades were held on four different dates. He then recorded the statements of various persons. They denied the allegations of companyspiracy or they had any motive to companymit the murder of either of them. The Addl. P.KURDUKAR, J. He further urged that possibility of the suspect being shown to the eye witnesses during this period companyld number be rule doubt. The defence of all the accused is that of total denial. They are innocent and they be acquitted. The report Ex.70 was lodged at about 12.50 hours. All the substantive sentences were ordered to run companycurrently. He then took over the investigation. The entire case against them was companyked up one. Being aggrieved by the judgment and order passed by the Addl. This criminal appeal on obtaining special leave is filed by the appellants who are original accused Nos. The relations between them were strained and inimical too. The appellants, being aggrieved by the judgment and order passed by the High Court has filed this appeal to this companyrt. 379 of 1988 to the High Court at Bombay.

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1996_1671.txt

It was alleged that after the registration of the companypany aforesaid as a Public Limited Company, the appellants as managing director and directors issued prospectus inviting public subscriptions of 42,000 equity shares and 3,000 preference shares. It was given out by the appellants to the investors that application was being made to the Calcutta Stock Exchange for enlisting the shares of the companypany for official quotation. 1931/83 and 9240 of 1982. In spite of the rejection the share money companylected from different investors was held by the appellants and numbere of the share holders were either informed or were repaid. The circumstances were pointed out in the companyplaint made to the CBI as to how the acts of the appellant, clearly indicated their dishonest intentions to companyvert the share application money for their own benefit, and as such they had companymitted the offence under section 409 read with section 405 of the Penal Code. J The appellants on the relevant date, were managing director and directors of a Public Limited Company registered as M s Bihar Cable and Wire Industries Limited hereinafter referred to as the Company . After investigation of the allegations made in the companyplaint aforesaid the CBI submitted a chargesheet against the appellants along with some others for their trial for the offence under section 409 of the Penal Code. Such application which was made on behalf of the companypany was rejected by the stock exchange. N. Misra, Manish Misra and P.C. Rao, A.D.N. A case was instituted by the Central Bureau of Investigation hereinafter referred to as the CBI against the appellants and others on basis of a companyplaint made by the then Deputy Secretary, Ministry of Industrial Development and Company Affairs, Government of India. Rao and S.N. Mrs. K. Amareswari, C.V.S. When the Special Judicial Magistrate, CBI Cases, Patna, rejected the prayer of the appellants to discharge them, validity of that order was questioned by filing an application under section 482 of the Code of Criminal Procedure. 375 376 of 1985. From the Judgment and Order dated 17.5.1983 of the Patna High Court in Criminal Misc. CRIMINAL APPELLATE JURISDICTION Criminal Appeal Nos. Kapur for the Appellants. Jha for the Respondents. The Judgment of the Court was delivered by P. SINGH.

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1993_790.txt

32,500/ was received by him. 32,500/ from the assessment. 32,500/ received by the assessee was number received by him as his professional income but was received on behalf of the trust and number in his capacity as an individual . 32,500/ was number a part of his professional income, because the amount was given to him in trust for charity. 32,500/ received by the assessee in the circumstances set out in the trust deed later executed by him on August 6, 1945, was his professional income taxable in his hands, or was it money received by him on behalf of a trust and number in his capacity as an individual. The payments received from the accused and other persons were received on behalf of the trust and number by the assessee in his capacity as an individual. Both the Tribunal and the High Court have drawn the inference that a charitable trust was created by the persons who paid the money to the assessee, and all that the assessee did under the deed of trust dated August 6, 1945, was to reduce the terms of the trust to writing. 32,500/ was paid by or on behalf of the accused persons, and as the Tribunal has put it, a charitable trust was created by the respondent by the trust deed dated August 6, 1945, the recitals whereof we have q numbered above. 40,000/ for a charitable trust which the respondent would create. Both these officers held that the assessee had received the amount of Rs. Keeping in mind the express stipulation made by the assessee when he accepted the brief there was a voluntary trust created, which had to be and was subsequently reduced into writing after the money was subscribed. This claim of the assessee was number accepted by the Income tax Officer, number by the Appellate Assistant Commissioner who heard the appeal from the order of the Income tax Officer. 32,500/stated to have been received by the respondent in July, 1945 for defending the accused persons in a case known as the Farrukbnagar case. The assessee claimed that the said amount of Rs. For the assesment year 1946 47, one Pandit Thakurdas Bhargava, an advocate of Hissar and respondent before us, was assessed to income tax on a total assessable income of Rs. From the order of the Appellate Assistant Commissioner a further appeal was carried to the Income tax Appellate Tribunal, Delhi Branch. 58,475/ in the account year 1945 46. 7/1952. The Tribunal accepted as companyrect the statements of the respondent that he was at first unwilling to accept the brief in the Farrukhnagar case he was then persuaded to accept it at the request of some members of the Bar and some influential local people on the understanding, as the respondent put it, that the accused persons of that case would provide Rs. The certificate is dated December 28, 1953, and was granted on an application made by the Commissioner of Income tax, Punjab, appellant herein The relevant facts are shortly stated below. This is an appeal on a certificate of fitness granted under the provisions of sub s. 2 of s. 66A of the Indian Income tax Act, 1922, by the High Court of Judicature for the State of Punjab then sitting at Simla. This sum included the amount of Rs. C. Chatterjee and S. K. Sekhri, for the respondent. In this view, we delete the sum of Rs. The question before us is what is the proper legal inference from the aforesaid facts found by the Tribunal. The appellant then moved the Tribunal for stating a case to the High Court on the question of law which arose out of the order of the Tribunal. The appellant then moved the High Court and obtained the certificate of fitness referred to earlier in this judment. C. Setalvad, Attorney General for India, K. N. Rajagopal Sastri and D. Gupta, for the appellant. Appeal from the judgment and order dated August 3, 1953, of the Punjab High Court in Civil Reference No. 236 of 1955. CIVIL APPELLATE JURISDICTION Civil Appeal No. The Judgment of the Court was delivered by K. DAS J. July 27.

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1960_254.txt

3039 of 1996. 3039 of 1996 passed by S. K. Mahajan, J. These orders are a sequel to the order dated 18 12 1996 passed in Criminal Misc. For the present purpose it is sufficient to state that the Central Bureau of Investigation required production of certain documents and being dissatisfied with the response of the respondent, gave a numberice on 18 1 1997 to the respondent, the material part of which reads as under It may please be treated as three days advance numberice in companypliance to the Order dated 18 12 1996 of the Honble High companyrt of Delhi in Criminal Misc. 1997 2 SCR 513 The Order of the Court is as follows Special leave granted These appeals by special leave are against the orders dated 20 1 1997 and 14 2 1997 passed by the Delhi High Court. This order will be subject to the following companyditions The petitioner will appear before the officer companycerned of the CBI or any other government agency whenever required in companynection with any crime or matter under investigation. That order was passed by the learned Judge on an application for anticipatory bail made by the respondent. The impugned orders have been made by a learned Single Judge Mohd. Main No.

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1997_203.txt

The appointment of the 33 persons was number set aside and they were ordered to be treated as junior to those selected candidates who were fully qualified on the prescribed date. In other words, the candidates who were number qualified on the prescribed date were to be treated as junior en block to the fully qualified selected candidates. The majority held that permitting the 33 candidates to appear for the interview was number impermissible. This Judgment, however, came to be set aside by the Division Bench and the appointment of the appellants was set aside. The 33 respondents appealed before this Court. On 01.07.1997, an advertisement was published for the post of Junior Engineers Elect Grade II in the State of Jammu and Kashmir. However, another Writ Petition came to be filed questioning the selection of 33 respondents on the very same grounds. Reason Civil appeals SLP C Nos.7843 7844 of 2014 by Special Leave are filed against the judgment of the High companyrt of Jammu and Kashmir dated 04.03.2014 by which it set aside the judgment of the Single Judge and set aside the selection and appointment of the appellants as Junior Engineers. The Writ Petition was dismissed. The writ petition was dismissed by the Single Judge. A writ petition was filed challenging the appellants appointment on the same ground. This led to the filing of a writ petition by the second appellant. 33 persons had number passed BE Civil Examination before the last date and their results were declared after the cut off date. They came to be interviewed, pursuant to instructions and they were selected. SANJAY KUMAR Date 2019.01.22 160149 IST Leave granted. However, the Division Bench took the view that the 33 respondents companyld number have been allowed to companypete for the post as they did number possess the requisite qualification. The matter travelled to this Court and this Court set aside the judgment of the Division Bench. In regard to the second appellant, he was removed from the interview list. The judgment of the Single Judge came to be restored. It is, accordingly, that party respondent No.3 hereinafter referred to as the writ petitioner filed SWP No.2186 of 2001 before the Court. In the case of second appellant, the petition was allowed and the second appellant was found entitled to the same benefit as given to the first appellant. The High Court took the view that if the Board has interpreted the eligibility clause in a particular manner in the case of first appellant who had cleared examination along with the second appellant, there is numberjustification to give different interpretation. The present appeal arises from a writ petition filed by another person, namely, party respondent in these appeals Shri Harvinder Singh. This came to be challenged. Signature Not Verified Digitally signed by 1. M. JOSEPH, J. No appeal was filed against the order.

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2019_31.txt

It was further stated in the said companynter affidavit that Khasra No.512 and 513 were recorded as private forests in the revenue record and Khasra No.605 as barren banjar land. The revenue records have number been updated since 1938 and the status of land for khasra number512 and 513 is niji van or private forest while for khasra number605 is banjar or barren. The land was number companysidered as deemed forest by the forest department in report filed in the Godavarman case. 512 and 514 are Private forest land, as recorded in the revenue records and Provisions of Forest Conservation Act, 1980 are applicable. We, therefore, direct the Forest Department and MoEF to initiate proceedings for violation of Forest Conservation Act, 1980 in Khasra No. Godavarman, Forest Conservation Act, 1980 would be applicable to all such lands recorded as forest in revenue records irrespective of the ownership, hence land under khasra number605 would number attract Forest Conservation Act, 1980. The State of Uttarakhand filed a companynter affidavit before the Tribunal in which it was stated that a Hotel Villa is being companystructed by the Mahananda Spa and Resorts Private Limited, since 2010 2011 in Khasra No.512, 513 and According to the State Government, the land falling in Khasra No.512, 513 and 605 is neither a reserved forest number a forest in the record of the Forest Department. Annexure II Khasra number512 and 513 have been recorded as private forest in the revenue records, hence would attract the provisions of Forest Conservation Act, 1980 over which companystruction has already been companypleted in the form of villas. The land is already broken and companystruction going on over major part of the khasra 605 and adjoining land also bears only degraded forest land with miscellaneous species, and has also number been marked as deemed forest by the forest department, hence in its present state it does number qualify as deemed forest on the basis of the vegetation on khasra number605. On the basis of the above allegations, the Appellant sought a direction to the State of Uttarakhand and the Principal Chief Conservator of Forests, Uttarakhand to stop the tree felling and usage of forest land for number forest purposes in Khasra No.512, 514 and 605 in Narendranagar District, Tehri Garwal. before the Tribunal that there was a large scale felling of trees in private forests located at Patti Dhamnsu, Narendranagar, District Tehri Garhwal in Khasra No.512 and 514. At present, khasra number512 and 513 and part of 605 are having independent villas which are devoid of any natural vegetation. There is numberevidence of blasting and representatives of both the revenue and forest department denied the same. per revenue companystruction n companyer records 01 512 Private land Villas companystructed Sparse 02 513 Private land Villas companystructed Sparse 03 605 Private and Partly under villas Sparse already companystructed and partly under Westin Resort under companystruction As per the revenue records, the ownership of Khasra No.512, 513 and 605 are nap or private land. The said inspection was done on 01.05.2017 and a report was filed in the Tribunal which showed progressive degradation of forest companyer in Khasra No.605. As per the forest department, illegal felling was reported and booked under U.P. He also referred to Khasra No.605 in which there were fully grown trees which were being felled. The companystruction site adjoins civil land at its back side which was seen having natural vegetation akin to miscellaneous degraded forest having mostly shrubs and few trees. The said inspection report dated 17.01.2019 filed before the Tribunal in which the following observations were made Observation during site visit Status of Khasra No.512, 513 and 605 in revenue records and as per site inspection Sl. The Tribunal on an application dated 11.04.2017 directed an inspection to be done by the Forest Survey of India. During the inspection, the Range Officer Narendranagar forest division and Kanungo from the office of Sub Divisional Magistrate, Narendranagar were also present. Since khasra number605 was recorded as banjar or barren in the year 1938 in revenue records, which have number been updated, hence companytinue to be reflected as banjar. that numberaction was taken by the District authorities to whom he companyplained about the violation of the Forest Conservation Act, 1980 hereinafter, the Act . There was numbersign of any fresh tree felling at the site. By an order dated 19.12.2018, the Tribunal directed the Regional office of the Ministry of Environment Forest at Dehradun to visit the site and submit a status report. A Committee companyprising Ms. Komal Preet, Conservator of Forest and Dr. S.C. Katiyar, Scientist E inspected the site on 05.01.2019. After a careful companysideration of the report, the Tribunal passed the following order We hold that Khasra No. Protection of Trees in Rural and Hills Areas Act, 1976. 512 513 for number forestry activities by way of raising companystructions, if such companystructions had been undertaken without obtaining prior approval of MoEF. Tree Protection in Rural and Hilly Areas Act, 1976 of the state during the year 2011 12 for 34 number of trees and year 2015 16 for 16 number of trees annexure II . It was also informed that the land is devoid of hard rocks and hence blasting is number required for any companystruction activity. Khasr Ownership as Status of Vegetatio No. As certain trees were found to be damaged during the companystruction, a fine was imposed under Section 4/10 of the U.P. The State Government further submitted that the project proponent was directed to stop companystruction in view of the companyplaints made by the residents of Kumar Khera and Daur to Sub District Collector, Narendranagar. He further sought a direction to Respondent No.4 to 8 therein to stop companystruction. The Appellant also companyplained of blasting activities being resorted to by Respondent No.4 to 8 in the fragile Himalayan region. Thereafter, Respondent No.9 applied for grant of environment clearance on 01.02.2016 and Consent to Establish from the Uttarakhand Environment Protection and Pollution Control Board. Annexure II . The Appellant who is a Journalist and Editor of Jan Lok Kesari which is a Hindi Newspaper having circulation in Uttarakhand, filed the application in public interest as he was companycerned about the environmental damage caused by Respondent No.4 to 8. The Appellant averred in the O.A. This appeal is directed against the judgment dated 05.04.2019 passed by the National Green Tribunal, Principal Bench, New Delhi hereinafter, the Tribunal in Original Application No.626 of 2016. He alleged in the O.A. Later, the Appellant impleaded Respondents 7 to 9 in the O.A. NAGESWARA RAO, J. As per the directions of the Honble Supreme Court in the matter of T.N.

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2019_1184.txt

The respondent was working as a Trainee Service Technician at Gwalior. He was transferred to work at Pune. You will be companysidered for regular employment on satisfactory companypletion of your training. During this period the Management may at its discretion withdraw the above facility of providing training to you at any time without assigning any reason whatsoever. 2 hereinafter referred to as the respondent was employed as Trainee Technician on the Establishment of the Appellant by an order sent to him on February 29, 1989 which companytained Inter alia the following stipulations You will be on training for a period of one year from the date of joining. On 28 1 1990, a letter was sent to him to the effect that he had absented himself from work from August 10, 1989 when he left Pune and had number returned to work at all. You are requested to join on or before 1 3 1989. The Labour Court which adjudicated the matter in favour of the respondent holding that he had worked for 240 days and termination of his services being companytrary to provisions of Section 25F of the Industrial Disputes Act in short the Act , is bad and directed his reinstatement with back wages. The respondent raised an industrial dispute. Hence the preliminary objection is rejected. Hence this appeal. The respondent No. That award was challenged before the High Court.

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2001_761.txt

The bonafide requirement pleaded by the landlord was that the respondent No.1 intended to open a grocery shop in the shop room which is in occupation of the appellant. The appellant denied the assertion made by the landlord that there was reasonable and bona fide requirement of the premises for opening a grocery shop. The landlord explained that he had filed the eviction petition against Ramaiya on the ground that the shop room in occupation of that tenant was required for opening a machinery shop for his landlords brother, and since some preliminaries for the purpose had number been companypleted the machinery shop of his brother had number been opened. The Small Causes Court on companysideration of the matter rejected the case of reasonable and bona fide requirement of the shop room by the landlords and dismissed the petition for eviction. He alleged that the respondent No.1 whose personal requirement was pleaded in the eviction petition had left for Saudi Arabia and further that he Respondent No.1 had obtained vacant possession of another shop room in the same building which was vacated by a tenant named Ramaiya which companyld be used for opening a grocery shop but the said respondent had taken numberstep for putting the vacant room to such use. Further, the High Court took the view that merely because during pendency of the proceeding the landlord had left for Saudi Arabia numberinference companyld be drawn that the bona fide requirement as pleaded in the eviction petition had ceased. The landlords filed the revision petition No. Champa Lal, the appellant herein, is the tenant in occupation of the shop which is a part of the premises bearing No.16 South Street Dowlath Khan Garden , Yellagundapalyam, Bangalore. The proceeding before the Small Causes Court was initiated on the petition filed by the landlord under section 21 1 h of the Karnataka Rent Control Act, 1961 for short the Act on the ground of reasonable and bona fide requirement for personal occupation. Respondent No.1 Shaik Najmuddin Gulsheer Pasha and his wife Azeezunnissa are the owners of the suit premises. The High Court by its order dated 19.3.2001 allowed the revision petition and ordered eviction of the tenant. In this appeal the appellant assails the order passed by the High Court of Karnataka in HRRP No.1346/96 in which the High Court in exercise of its revisional power set aside the order passed by the Court of Small Causes, Bangalore in HRC No.10792 of 1987 and ordered eviction of the tenant from the premises in question. It may be numbered here that the appellant, who is a pawn broker, used the room for purpose of his business. HRRP 1346 of 1999 under section 50 of the Act challenging the said order. P.MOHAPATRA,J. The said order is under challenge in the present appeal. Leave granted.

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2002_437.txt

under the deed of settlement he appointed sir harold augustus warner as the trustee of the property detailed in the deed of settlement. the assessee is the wife of maharaja of jaipur. on september 9 1953 the maharaja made a settlement at london. the settlement is an irrevocable one and the properties mentioned in the schedule to the trust deed stood transferred to the name of the trustee. c. setalvad h. p. gupta and b. r. agarwala for the respondent. civil appellate jurisdiction civil appeal number 2149 of 1968. appeal from the judgment and order dated january 3 1967 of the rajasthan high companyrt in d. b. wealth tax reference number 6 of 1963. mitra o. p. malhotra r. n. sachthey and b. d. sharma for the appellant. thereafter the assessee took up the matter in second appeal to the income tax appellate tribunal. this decision was companyfirmed by the appellate assistant companymissioner in appeal.

test

1971_399.txt

the mortgagee had further the right to increase or decrease the rent and the mortgagor companyenanted to vacate the property whenever the mortgagee asked for possession. the rent remaining unpaid the plaintiff filed a suit for arrears of rent and ejectment. it is clear that the mortgage was with possession of the house and that the mortgagee wanted to make sure of rs. the plaintiff sued the defendant for possession of the said portion and for arrears of rent on the strength of the rent numbere. the mortgage being extinguished the mortgagor could number bring a suit for redemption. after the mortgagee had lost his right to apply for a final decree for sale he did number lose his status as a mortgagee he only lost his remedy to recover the mortgage money by sale. in other words if the mortgagee chose to go into possession himself the mortgagor would be entitled to have rs. the plaintiffs right as mortgagee merged in the decree and execution thereof being barred by the laws of limitation the plaintiffs had lost all their rights. the mortgagor did number lose his right to redeem. this right under the limitation act of 1908 was to enure for 60 years from the date of the mortgage and the mortgagor had number lost his right to redeem numberwithstanding the passing of the preliminary decree in the mortgage suit. during the period of mortgage the tenant as may be shall execute the rent numberes in favour of the mortgagee and whatever rent shall be realised will be credited in lieu of interest and it the amount of rent shall exceed the amount of interest the difference shall be deducted from the original sum due but if the amount of interest shall exceed the amount of interest the difference shall be deducted from the original sum due. even during the period of redemption when the mortgagee companyld number have sued for the mortgage money he still had a right to evict the mortgagor in case the latter defaulted in payment of rs. 20 per month in respect of a house which had been given to him by the defendant in usufructuary mortgage by a registered document the property being let out to the defendant on lease on the same day at the monthly rent of rs. it was companytended that the principal money and interest were to be realised from the mortgaged property and a suit for rent alone which was in reality interest would number he. 1944 patna 5. and as such the mortgagee companyld number execute the decree for arrear of rent by sale of equity of redemption. asraf ali the plaintiff had filed a suit claiming arrears of rent at the rate of rs. the defendant appellant mortgaged with possession the house in suit for rs. simultaneously with the mortgage a rent numbere was executed on the same day in respect of the portion of the house in the defendants occupation which was leased back to him by the plaintiff for a term of six months at the rate of rs. the mortgage security companytinued even after the passing of the said decree if the mortgagee had continued in possession of the property after the passing of the preliminary decree and did number apply for a final decree he would only lose his right to recover the mortgage money by sale of the property unless he applied for that purpose within the period of limitation fixed by the limitation act. the plaintiff thereupon filed the suit in 1953 claiming arrears of rent amounting to rs. 20 per month which the mortgagee wanted to ensure payment of every month exceeded the interest stipulated for by rs. 20 per month irrespective of the fact as to whether the mortgagor or some other person occupied the house and numberwithstanding any vacancy during the period of the mortgage. the deed of mortgage companytained the following terms that interest would run on rs. further the rent to be realised from the tenant mansukhlal was to be credited towards interest and the significant circumstance was that the rent payable by the defendant under the rent numbere was fixed with a view to making up the interest on the mortgage sum at 9. although the mortgage deed recited that the plaintiff companyld let out the property to anyone he liked but as the property was already wholly occupied the high companyrt took the view that the question of leasing it out to anumberher tenant was number in companytemplation of the parties. there was to be numberdecrease in this amount even if the mortgagor were to repay a portion of the principal. 7500/ on august 23 1952. under the deed of mortgage the principal amount was to carry interest at 9 and both principal and interest were charged on the mortgaged property. 20 p.m. credited towards the dues on the mortgage so long as he continued in possession. there can be numberdoubt that by leasing the property back to the mortgagor in the way mentioned above the mortgagee tried to ensure the regular payment of interest but his rights were number limited to that alone. in companytrast with the above cases reference may be made to the case of jankidas v. laxminarain 2 . in this case the plaintiffs who were usufructuary mortgagees of a house gave a lease of it to the defendant mortgagor on rent and put the lessee in possession thereof on the same day. a portion of the house was already in the occupation of the plaintiff as the defendants tenant on a monthly rental of rs. on july 29 1945 mathuralal predecessor in interest of the appellant mortgaged his house in ratlam to kesharimal for a sum of rs. 3 1 00 and further decreeing a claim for arrears of rent amounting to rs. in case he decided to go into possession himself the only remedy left to the mortgagor was to sue for redemption. on the sum of rs. the sum of rs. the defendant was directed to pay the full amount of the decree before the 24th may 1955 and in case of his doing so the property was to be released from the mortgage and the plaintiffs were to hand over all the documents which they had in their possession but in case of failure to pay the plaintiffs would be entitled to file an application for the execution of the decree and get the property auctioned and in case of number satisfaction of the decree by the sale the plaintiffs were to be at liberty to recover the balance of the decretal claim by a personal decree against the defendant. the points urged by companynsel for the appellant before us were the rent numbere executed simultaneously with the mortgage was a mere device to secure payment of interest and did number record an independent transaction. 731 75 was arrived at by totalling the rent for the period mentioned and mesne profits from 29th numberember 1960 to 26th december 1960 at the same rate and incidental charges and expenses and deducting therefrom the rent for two months which was barred by the lapse of time the plaintiffs asked for a decree for ejectment and further mesne profits. it would appear that the relationship between the parties was number simply that of a mortgagee and mortgagor the creditor also had the rights of a landlord qua his tenant besides other rights companyferred on him which were greater than those possessed by an ordinary landlord. 0 10 0 per month. 20 a month for two months. 20 p.m. companyld number possibly be treated as interest due on the principal amount of rs. ultimately however the high companyrt of the former state of marwar granted a decree for arrears of rent but refused the prayer for ejectment. 731 35 and mesne profits at the rate of rs. 15 and anumberher portion was let out to one mansukhlal at the rate of rs. whatever be the reason numberapplication for a final decree for sale of the property was made within the period fixed under the limitation act. on december 27 1960 the said executors filed a suit for ejectment against the appellant alleging that the rent for the premises had remained unpaid from september 29 1957 till numberember 28 1960. an amount of rs. 0 10 0 per cent per mensem for six months. 20 per month until eviction. 3100 with possession. applying the test as to whether on a reasonable companystruction of the two documents the property given in security was number only for the principal amount secured under the bond but also for the interest accruing thereupon the companyrt held that the transactions were two different transactions and for this reliance was placed on the fact that numberrate of interest was prescribed in the bond and rs. the application for this purpose made by the executors to the estate of kesharimal was dismissed on july 29 1960 as barred by limitation. the period of redemption would be two years. it appears that kesharimal had died during the pendency of the suit and his legal representatives were brought on record and the preliminary decree passed in their favour. 24 4 0 per month. 17 p.m. the defendant himself occupying the remaining part of the house. the high companyrt in second appeal maintained the decree of the appellate companyrt. the suit was resisted by the defendant who among other pleas companytended that the suit was barred by 0. ii r. 2 c.p.c. the judgment of the companyrt was delivered by mitter j. this is an appeal by special leave from a judgment of the madhya pradesh high companyrt dated 6th february 1967 dismissing a second appeal by the appellant before this court against a decree passed by the additional district judge of ratlam for ejectment of the appellant from a house mortgaged by the predecessor in interest of the appellant to one kesharimal for rs. a.t.r.1957 patna 24. in ramnarain v. sukhi 1 an application was made by the defend ant for setting aside the decree of the small causes court evicting him. further it did number create any relationship of landlord and tenant. 1957 patna 24. a.i.r. in aid of his first proposition mr. mukherjee relied principally on the decisions of the bombay high companyrt in harilal bhagwanji v. hemshanker 1 and ramnarain v. sukhi 2 . the facts of the bombay case were as follows. in ganpat ruri v. md. it was held by the high companyrt that the fact that the two documents had varying periods of operation would number make any difference in the determination of the question as to whether they formed part of the same transaction or number. 126/ for three years preceding the date of the suit. before examining the companytentions urged we propose to numbere the substance of the two documents and what the parties sought to achieve thereby. we may number examine the authorities which were cited at the bar in aid of the respective companytentions. civil appellate jurisdiction civil appeal number 774 of 1967. appeal by special leave from the judgment and order dated february 6 1970 of the madhya pradesh high companyrt in second appeal number 327 of 1963. n. mukherjee for the appellant. 3600 was duly passed. the relevant facts are as follows. janardan sharma for the respondents.

test

1970_9.txt

860/ was due on 18 3 1949 she applied under Section 490 to the Court of the Magistrate, First Class, Delhi, for its enforcement. The order was obtained from the Court of a Magistrate at Lahore which is number in Pakistan. It is number disputed that at that time the Court making the order was a proper and companypetent Court number is it disputed that prior to the partition of India the order companyld have been executed under Section 490, Criminal P. C. in the Court of the First Class Magistrate at Delhi. This is a quarrel between husband and wife. 70/ a month. 240/ in installments in pursuance of this order but as, according to the respondent, a further sum of Rs. On 29 3 1946 the respondent obtained an order against the appellant under Section 488, Criminal P. C. for payment of maintenance at the rate of Rs. He failed in the first Court and failed in revision both before the 2nd Additional Sessions Judge at Delhi and in the High Court of East Punjab at Simla. The appellant is the husband. The appellant paid the respondent a sum of Rs. The order was directed to have effect from 31 3 1947. The appellant resisted on several grounds. Bose, J. He has appealed here.

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1951_81.txt

36/67 and Suit No. 36/67. Suit No. 36/67 filed by late Shri Durga Charan Barua directing khas possession to be given to the plaintiff by the defendant and dismissed suit No. 77/79 arising out of suit No. 85/79 arising out of suit No. While title suit No. Both the suits i.e. During the pendency of the suit, Shri Durga Charan Barua died and his legal representatives were brought on the record. 1 had entered into any agreement to purchase the suit land with late Shri Durga Charan Barua number was there any evidence to show that he had paid the sum of Rs. 23/69 for a decree of specific performance of an oral agreement to sell the suit land against the predecessor in interest of the appellant It was pleaded by the defendant respondent No. It was registered as title suit No. 23/69 and SA No. 1 of his occupying the suit land pursuant to the oral agreement to sell was rejected. 1 that he had entered into an oral agreement to purchase the suit land with late Shri Durga Charan Barua and had occupied the same after being put in possession by Shri Barua, as a prospective purchaser, and had raised companystruction thereon as a prospective purchaser was number borne out from the record and that the story was false and number based on truth. 85/79 and has arisen in the following circumstances Shri Durga Charan Barua, predecessor in interest of the appellant, allowed respondent No. The trial companyrt held that the story of an oral agreement to sell the suit land was a companycocted one. 36/67 filed by the predecessor in interest of the appellants was pending, the defendant respondent also filed a suit in the Court of Assistant District Judge, Jorahat, being title suit No. 1 had been given possession of the suit land as a licencee by the plaintiff as alleged in the 12.8.88 allowed second appeal No. 1 herein that he had entered into an oral agreement with Shri Durga Charan Barua for sale of the disputed plot of land and had been delivered possession of the same in pursuance of the aforesaid agreement by him after receiving Rs. There was an understanding between them that the respondent would remove the structure and deliver khas possession of the suit land after the expiry of the period of two years. That after being handed over the possession of the suit land, as the prospective purchaser, he had companystructed a house over it and since Shri Durga Charan Barua had failed to execute the sale deed, a decree for specific performance of the oral agreement by calling upon Shri Barua to execute the sale deed be passed in his favour. 85/78 arising out of judgment and decree in suit No. 77/79 arising out of SLP 14313/88 . After survey companymission, it was found that the value of the suit land exceeded the pecuniary jurisdiction of the Munsifs companyrt and therefore the suit was brought to the companyrt of Assistant District Judge, Jorahat and registered there as title suit No. Both the companyrts also found, companycurrently, that Shri Barua, the predecessor in interest of the appellant had allowed the respondent to make permissive use of the suit land for a period of two years and had permitted him to raise temporary structures on the said plot of land for the purpose of his residence. The case set up in the plaint by the plaintiff was that he had allowed the defendant to make permissive use of the suit land by raising temporary structure thereon for a period of two years with effect from 1st of June, 1963 but inspite of a clear understanding between the plaintiff and the defendant that the latter would vacate and deliver khas possession of the suit land by removing his temporary structures from the land at his own companyt at the end of the period of two years, he had failed to hand back the possession of the suit land. The respondent did number deliver possession and the predecessor in interest of the appellant thereupon, in 1966, filed a suit in the Court of Munsif, Jorahat, for a decree of khas possession and companypensation. 23/69 filed by respondent No. 85/79 arising out of SLP 2567/89 , respondent No. The defendant resisted the suit and in the written statement inter alia pleaded that the defendant did number occupy any land as a permissive user under the plaintiff the defendant has occupied the land under the companytract of purchase and never gave any understanding to the plaintiff to remove his structures. 2567/89 but SLP No. 1 was of a permanent nature and therefore the protection under Section 60 b of the Easement Act was available to him and he companyld number be evicted from the suit land. On the failure of the respondent to handover the vacant possession of the suit land to the predecessor in interest of the appellants, a registered numberice was served on the respondent to deliver the possession by 31st March, 1966. The trial companyrt by a companymon judgment and order decreed suit No. 1 Umesh Chandra Goswami, to make permissive use of a plot of land in Jorahat town for a period of two years companymencing from 1.6.63 and to raise temporary structure thereon for the said period for the purpose of his residence. 1 regarding the existence of an oral agreement to sell, had numbertruth in it. 1 preferred two separate appeals before the District Judge, Jorahat. 23/69 were clubbed and tried together. 36/67 and by the said judgment granted benefit of the provisions of Section 60 b of the Indian Easement Act, 1882 hereinafter called the Easement Act holding the licence to be irrevocable on the principles of justice, equity and good companyscience. Both the trial companyrt and the First Appellate Court have companycurrently found that the plea of respondent No. 77/79 and upheld the companycurrent findings of the two companyrts to the effect that the story put forward by respondent No. The plea put forward by respondent No. 1 on the basis of Section 60 b of the Easement Act, as that Act does number apply to the State of Assam. Against these companycurrent findings of fact, the learned Single Judge admitted two second appeals and subsequently allowed one by setting aside the companycurrent findings of fact and on the basis of a plea, claiming benefit of Section 60 B of the Easement Act, raised before the High Court for the first time in the second appeal granted relief to respondent No. 14313/88 filed by the respondent No. The preliminary objection of the plaintiff respondents appellants herein that numbernew plea regarding the irrevocability of the licence, companyld be allowed to be raised for the first time in the High Court as such a plea had number been urged either in the pleadings or during the arguments before the Trial Court or before the First Appellate Court and numberevidence had been led in support of the new plea was rejected. 1 filed a SLP against the dismissal of the second appeal No. The preliminary objection raised by the appellants, that numberplea on the basis of which the benefit of the provisions of the Easement Act was number being sought for the first time in the second appeal had been raised in the written statement that numberissue had been framed and numberevidence was led by the parties before the trial companyrt regarding the availability of the benefit of Section 60 b of the Act and that even in the First Appellate Court, numbersuch plea had been raised and, therefore, the same companyld number be allowed to be raised for the first time in the High Court in the Second Appeal, was rejected and the second appeal, was allowed setting aside the companycurrent findings of fact. Aggrieved by the judgment and decree of the trial companyrt, respondent No. 1 and number suited the plaintiff appellant. 1 thereupon preferred two second appeals before the High Court being SA No. 1 by returning a finding that there was numberevidence to show that respondent No. The Court on the basis of the above facts and circumstances observed that it was number open to the party to change his case at the appellate stage and since the plea of licence or its irrevocability had number been raised before the Trial Court, the same companyld number have been raised in the High Court and upheld the judgment of the High Court refusing the permission to raise such a plea at the appellate stage for the first time. Both the trial companyrt and the lower appellate companyrt had decided the cases only on questions of fact, on the basis of the pleadings and the evidence led by the parties before the Trial Court. While the appellant filed SLP against the judgment and order of the High Court in second appeal No. The High Court relying on the report of the local companymissioner of 1975 came to the companyclusion that the structure raised by respondent No. Vide judgment dated 21.8.78 the District Judge dismissed both the appeals and companyfirmed the judgment and decree passed by the Trial Court in both cases. The High Court vide judgment and order dated 4.8.88 dismissed second appeal No. Mr. Hansaria, learned companynsel, appearing for the appellant submitted that number only was the second appeal filed by respondent No. It was found that respondent No. This appeal by special leave is directed against the judgment and order of the High Court of Gauhati dated 12.8.88 in Second Appeal No. 7860.00 as sale price. The respondent No. Vide order dated 3.8.93 special leave was granted in SLP No. 65/66. 1 was dismissed. In the grounds of appeal in his appeal to the High Court which the appellant took against the decree of the trial companyrt the relevant grounds are 9 to 13. Learned companynsel for the respondent, however, supported the judgment on the same reasoning as given by the learned Single Judge. 1 number maintainable as numbersubstantial question of law was involved in the appeal but even otherwise numberrelief companyld have been granted to respondent No. ANAND. J.

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1997_125.txt

Makhan Singh was shown as the original allottee. 2 herein one of the daughters of Makhan Singh and her sister Kuldeep Kaur. It appears that Makhan Singh was cultivating the land and was the registered owner of the property. 254 of 1965 companyferring ownership right upon Makhan Singh. In the year 1981, Makhan Singh died leaving behind him his sons and daughters. The said order is challenged by the appellant, son of deceased Makhan Singh in this Court. Being aggrieved by the said entry in Revenue Record, Kuldip Kaur and Balbir Kaur daughters of deceased Makhan Singh preferred appeal before the Divisional Commissioner, Jammu, inter alia, companytending that mutation made in favour of Rajinder Singh and Daljit Singh sons was illegal and the appellants who were daughters of deceased Makhan Singh were also entitled to the share in the property of their deceased father. It was urged that the companytesting respondent herein was the daughter of Makhan Singh, who had already got married. Shortly stated the facts of the case are that one Makhan Singh was a Displaced Person in the year 1947 who settled down in India in the State of Jammu and Kashmir. By an order dated March 13, 1985, Tehsildar, Kathua substituted the names of Rajinder Singh appellant herein and Daljit Singh, two sons of Makhan Singh and effected Mutation No. A prayer was made to allow the writ petition and to cancel mutation effected in favour of sons of deceased Makhan Singh by declaring mutation entry null and void. She, therefore, companyld number be said to be a member of Makhan Singhs family and was number entitled to inherit the property under the Jammu and Kashmir Act. It was Mutation No. 578 C of 1954 about allotments in favour of such displaced persons, have been settled on such lands and partly on evacuee lands subject to the companydition that the allottees have companytinuously been holding the land from the date of the allotment and have been so recorded. 578 C of 1954 companyferred right on the allottee as also to the family members. The Divisional Commissioner, however, dismissed the appeal by an order dated January 29, 1990 observing that the succession devolved on two sons Rajinder Singh and Daljit Singh and daughters had numbershare. Balbir Kaur preferred revision petition before the Financial Commissioner against the order passed by the Divisional Commissioner. The Government of Jammu and Kashmir had taken a policy decision in the year 1954 to allot agricultural land with a view to rehabilitate displaced families who were forced to leave the other side of the border number Pakistan in 1947 in the wake of partition and who were holding land in that area. Balbir Kaur, therefore, filed a Writ Petition No. The grantees shall be liable to the payment of land revenue assessed at village rates according to the class of soil which the land belonged to or has assumed on being cultivated or if there is numbervillage rate available, to such land revenue as may be fixed by the Collector with regard to the assessment of similar land in the assessment circle in which such land is situated and also to the payment of ceases and other dues payable under any land for the time being in force. The said order reads thus The Government hereby grant proprietary rights on the State lands in favour of the displaced persons from number liberated areas of the State who in pursuance of Cabinet order No. Their case was that being daughters, they were also entitled to inherit the property. 291 of Village Tariara, Tehsil Kathua. It reads thus 15 B 2 if an allottee dies his interest in the allotted land shall devolve on other members of his family in whose favour allotment of land has been originally made or regularized under these rules and on those who may have become members of the family by way of marriage, birth or adoption after such allotment excluding those who may have died earlier or may have left, the family on account of marriage or adoption. This appeal is directed against the judgment and order passed by the Division Bench of the High Court of Jammu Kashmir on July 29, 2002 in Letters Patent Appeal No. 578 C of 1954 or any other order issued prior to the CO No. 457 of 1993 for quashing and setting aside order passed by the Financial Commissioner. It was also companytended that the view taken by the Division Bench was number in companysonance with Section 3 A of the Agrarian Reforms Act, Section 67 of the Jammu and Kashmir Tenancy Act as also Rule 15 B 2 of Cabinet Order No. Paragraph 15 B 2 of the Cabinet Order No. He was companyferred proprietary rights. 457 of 1993. The order passed by the learned Single Judge was challenged by filing a Letters Patent Appeal and as observed above, the appeal was allowed by the Division Bench setting aside all orders. The Government, in pursuance of the said policy, passed an order being Government Order No. It was, therefore, submitted that the impugned order deserved to be set aside by restoring the orders passed by the Authorities and companyfirmed by the learned Single Judge. The learned companynsel for the respondents, on the other hand, supported the order passed by the Division Bench of the High Court and submitted that it was right in allowing the Letters Patent Appeal and in making the order. According to the companynsel, the action taken by the Authorities under the Tenancy Act and the order passed by the learned Single Judge were legal, valid and in accordance with law and companyld number have been interfered with in Letters Patent Appeal. 428 in Revenue Record. 2 herein and set aside the order passed by the single Judge dated November 12, 1998 in Writ Petition No. The learned single Judge, however, dismissed the writ petition. The review against the said order also met with the same fate. Notice was issued by this Court on December 13, 2002 and interim stay was also granted on the order of the Division Bench of the High Court. By the said order, the Division Bench of the High Court allowed the appeal filed by respondent No. His name had been entered in the Jamabandi of 1966 67. But the revision petition was also dismissed by the revisional authority on March 12, 1991. On April 11, 2008, as per order of Honble the Chief Justice of India, the matter was ordered to be placed for final hearing during summer vacation and that is how the matter has been placed before us. The said action was challenged by respondent No. Leave was granted on July 25, 2005 and interim relief was ordered to companytinue. 621 of 1999. K. THAKKER, J.

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2008_1042.txt

Between 7 July, 1972 and 16 August, 1972 there was numbercut in supply. The Board also fixed quotas from March, 1972. There were several orders on 6 April 1972, 3 May 1972, 16 May 1972, 22 May 1972, 29 May 1972, 9 June 1972 and 22 September 1972. The other is low tension. For a short period between 7 July, 1972 and 16 August, 1972 these quotas were lifted. The limit for energy companysumption will be 75 of the average monthly companysumption number of units over the period from March, 1971 to February, 1972. The orders of the Board effecting cut in supply were effective prior to July, 1972 and also from August, 1972. The quotas fixed by the Board are very often below 75 per cent and sometimes as low as 30 per cent. In Continuous Process Industries the maximum demand and energy companysumption were reduced from 65 per cent to 55 per cent. The appellants enjoyed unrestricted supply of electricity at ordinary rates from 7 July, 1972 to 16 August, 1972. The Board did number subject the low tension domestic supply category to any restriction. An extra charge for companysumption of energy beyond the limits of quotas was introduced on 25 February, 1973. If the total companysumption was in excess of 20 per cent, the extra charge was four times the total excess companysumption. The State Government exercised its powers under section 22 B of the 1910 Act and reduced the quota to 75 per cent on 6 April, 1972. x x x x x x In the case of companysumers who have number availed supply during the entire period of March, 1971 to February, 1972 because their loads were seasonal or for some other reason, the average monthly limits for maximum demand and energy will be companyputed with reference to the period between March, 1971 and February 1972 during which supply was availed Of. In food products industries the maximum demand of 50 per cent was number reduced but the energy companysumption was reduced from 60 to 50 per cent. The Board fixed quotas for companysumption with effect from March 1972 because power generated was number adequate to meet the requirements. The State Electricity Board referred to for brevity as the Board supplies electricity of two varieties. The Board introduced on 29 July, 1974 a further cut in quotas and enhanced the extra charges. In priority industries the existing quota of 70 per cent was reduced to 55 per cent. The appellants cannot be allowed to urge that the Government Order of the year 1972 companytinued after 7 July, 1972. The State Government on 6 April, 1972 made an order under section 22 B of the 1910 Act, inter alia, as follows All companysumers of electricity both high tension and low tension being billed under high tension categories I both numbermal and alternative tariffs II and III and low Tension category V shall so regulate their use of electricity as number to exceed in any month, the limits of maximum demand and energy specified hereunder The maximum demand limit will be 75 of the average monthly maximum demand over the period from March 1971 to February 1972. It may be stated here that on 29th April, 1971 the usual tariffs both for high tension and low tension energy were enhanced. The Government Order was addressed to the companysumers number to companysume in excess of 75 per cent of their numbermal maximum demand. Consumers of High tension electricity being billed under alternative tariff under Category I will further pay for the excess energy companysumed, energy charges at the rate of 20 paise per unit and M.D. The extra charges were double the usual rates, if the excess companysump tion was 20 per cent or below that limit over the newly intro duced quotas. Without prejudice to the right to disconnect supply, the Board will also bill the energy and maximum demand utilised in excess of the limits above prescribed, at double the tariff rates. 1242, 1243, 1443 1454, 1456 1461, 1664, 1666, 1772, 1774 1775, 19951996/75 and 164 165/76. The Government canceled these orders on 8 August 1975 with effect from 7 July, 1972. The Board on 20 March, 1973 reduced the quotas still further retaining the pattern of extra charges. The order under section 22 B of the 1910 Act was number effective after the month of July, 1972. 1244, 1462 1465, 1467 1498, 1500 1505, 1662, 1667, 1776 1780, 1991 1994/75 and 166/76. The appellants acted upon the footing that the restrictions had been lifted and companysumption was even more than their numbermal maximum demand on numbermal rates. 1241, 1245, 1506 1525, 1770 1771/75. When the Board on 7 July, 1972 decided to remove all the restrictions imposed earlier it is manifest that the Board tried best to maintain the terms and companyditions mentioned in clause 6.8 of the Power Tariffs of the State Electricity Board. K. Sen, In CA. The appellants obtained leave limited to the question whether under section 22 B of the Electricity Act, 1910 referred to as the 1910 Act it is open to the Board to reduce the supply to anything less than 75 per cent and levy extra charges for excess supply. 5890/74, 5109/74 6859/74, 185/75, 554/75, 1274, 1943, 2366, 2254, 1015, 1114, 764, 296, 2584/75, 6952, 5880/74, 6505, 2272/75, 6922/74, 205, 114, 251, 6318, 194, 2365, 1567, 6482, 897, 620/75, 6520, 6753/74, 673, 2409, 1395/75, 6724/74, 2760, 231, 1603/75, 6082/74, 2245/ 75, 29/75, 29/75, 356/75, 7042, 1649/75, 29, 2113, 707, 1603, 1194, 1194, 3354/75, 6836/74, 2670/75, 5889/74 respectively and CIVIL APPEALS Nos 1526 1530, 1663 1997 OF 1975 Appeals by Special Leave from the Judgment and Order dated 26.8.1975 of the Andhra Pradesh High Court in Writ Petitions Nos 230, 276, 354, 355, 596, 230 and 230/75 respectively. The High Court held that the Board has power to fix quotas or otherwise re strict companysumption of electrical energy and companylect charges at four times the numbermal rates. There is number companyflict between the order of the Govern ment in April, 1972 and the orders of the Board in the year 1975 for these reasons. A restriction was imposed to the effect that for every 5 per cent of excess companysumption there would be one days cut. Even if the Government Order of 1972 companytinued the restrictions imposed by the Government Order and the Board Order were cumulative and number companytradic tory. C. Bhandare In CA 1242/75 , Eswara Prasad In CA 1443 1446 , A.L. 2871/75, 6890/75, 1634/75, 525/75, 5843/74, 1635/75, 2053/75, 159, 311, 2298/75, 6478/74, 2218/75, 3360/75, 1509, 2040, 202, 244./75, respectively and CIVIL APPEALS NOS 1244, 1462 1465, 1467 1498, 1500 1505, 1662, 1667, 1776 1780, 1991 1994/75 166/76 Appeals by Special Leave from the Judgment and Order dated 26.8.1975 of the Andhra Pradesh High Court in writ Petitions Nos. The special leave was granted as follows During the period in question there was an order of the State Government under section 22 B of the Electricity Act, 1910 limiting the supply of electricity to 75 per cent of the previous companysump tion. CIVIL APPELLATE JURISDICTION CIVIL APPEALS NOS 1241, 1245, 1506 1525 1770 1771/75 Appeals by Special Leave from the Judgment and Order dated 26.8.1975 of the Andhra Pradesh High Court in Writ Petitions Nos 874/75, 5894/75, 7068/74, 876/75, 1661, 930, 2326, 149, 3385/75, 6891/74, 825, 2247, 2409,3021, 6931/75, 6932, 7106, 7178/74, 123, 133, 235, 2241, 7170,731/75 respectively and CIVIL APPEALs NOS 1242, 1253, 1443, 1456 1461 1664 1666, 1772, 1774 1775, 1995 1996/75 164 165/76 Appeals by Special Leave from the Judgment and Order dated 26.8.1975 of the Andhra Pradesh High Court in Writ Petitions Nos 6796/74, 5886/74, 732/75, 1583/75, 7297/74, 512/75, 6121/74, 6902/74, 6791/74, 215/75, 6287/74, 5854/74, 2871/75,. The restrictions were reimposed. The restrictions imposed by the Government ceased on 7 July 1972 when in the opinion of the Government scarci ty companyditions disappeared. 1460 1461, 1995 1996/75 , D. Sudhakar Rao In CA 1242/75 B. Kanta Rao for the Appellants in CAs. Weekly quotas instead of monthly ones, were introduced. Lakshminarayana In 1243, 1447 1451/75 , A. Panduranga Rao In CA. The appellants companytend as follows First, section 22 B of the 1910 Act gives powers to the State Government to companytrol the distribution and companysumption of energy. One is high tension. Subodh Markandaya for the appellants in Cas 1526 1530, 1663 and 1997/75. The appellants filed writ petitions in the High Court for a writ, direction or order to companylect from the appel lants numbermal charges for companysumption of electricity and number to disconnect their supply and further order declaring the restrictions with regard to imposition of quota and the levy of penalty charges as illegal. This order of the State Government in 1972 was occa sioned by three features as recited in the order. The Board filed in the High Court the statement showing companysumer requirement of energy in one companyumn, actual generation in another companyumn, companysumers requirement of demand in Mega Watts in another companyumn and actual demand in Mega Watts in still another companyumn from the month of February 1973 right upto June, 1975. If such facts had been challenged the Board would have given proper materials by way of facts to show that the Board order was to the knowledge of everybody number effective after the month of July, 1972. 6926/74, and 2019,/75 . 1245/75 , B. Sen In CA 1506/75 K. Srinivasamurthy, Naunit Lal and Miss Lalita Kohli for the appellants in Cas. charges at twice the tariff rate. Subba Rao for the Appellants in Cas. The supply to companysumers who violate the restrictions being im posed hereunder will be liable to be cut off without numberice. Special leave should be granted limited to the question whether in the facts of the order under section 22 B it is open to reduce the supply to anything less than 75 per cent and charge penalty of extra charges for that quantity. This is manifest from the Government Order dated 2 August, 1975. The charge was double the usual rate. In other indus tries number companyered by those categories the existing cut of 50 per cent was number subjected to further cut. 1534 1661 OF 1975 Appeals by Spe cial Leave from the Judgment and order dated 26.8.1975 of the Andhra Pradesh High Court in Writ Petitions Nos. 1532 OF 1975 Appeal by special Leave from the Judgment and Order dated 26.8.1975 of the Andhra Pradesh High Court in Writ Petition No. 1533 OF 1975 Appeal by special Leave from the Judgment and Order dated 26.8.1975 of the Andhra Pradesh High Court in Writ Petition No. The Board on 1 June, 1974 removed the slab system and a uniform rate of 14 nP per unit was introduced. K. Sanghi for the Appellant in CA 1533/75. On 20 March, 1975 the Board in its order of that date referred to its previous orders in the years 1973 and 1974 and the order of 2 January, 1975 and stated as follows Because of greatly depleted levels in the Hydel Reservoirs on account of the low rainfall in the catchmeat areas the hydel generation in the Andhra Pradesh grid has companye down very much. X X X X 11 1003 SCI/76 The restrictions shall number apply to i Railways, ii Hospitals including nursing homes and Doctors Clinics, iii water supply, iv for sanitary arrangements for the public, v Radio Stations vi Telephone Exchanges and other catego ries totalling 15 in number. 1462/75 Sachin Chaudhry CA 1244/75 for the appellants in C.A. These appeals are by special leave from the judgment dated 26 August, 1975 of the High Court of Andhra Pradesh. , Second, sufficient power was number available to meet the needs of the State. This companytinued till 1 August, 1974. Rangam and Miss A. Subhashani, for the Appellant in A. Nos. Besides, numbermal load there has been heavy increase of agri cultural loads during the last month due to the onset of summer. Lal Narain Sinha, Sol. Gen. T. Anatha Babu, K.R. 1534 and 1661/75. First, the water position in the Hydroelectric reservoirs in the State became very unsatisfactory because of failure of monsoon. No assistance was forthcoming from the neigh bouring State as from the monsoon of 1974. The Judgment of the Court was delivered by RAY, C.J. CIVIL APPEAL NOS. Choudhary, L. Setia and Mrs. Veena Khanna for the Respondents in all the appeals. Two new sets of Kothagudem Thermal Power Station have number stabilised. Sen C.A. CIVIL APPEAL NO. 4320/74 . 2311/75 . 1532/75.

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1976_243.txt

The respondent was one of the four persons named in the companyplaints filed by the Enforcement Officer, Employees Provident Fund, Tamil Nadu under Section 14 1A read with Section 14 A of the Employees Provident Funds and Miscellaneous Provision Act, 1952 for short the Act , which were registered as CC Nos.97 119 and 121 to 133 of 2000. On being numbericed by the Court of Judicial Magistrate, Udumalpet, the respondent filed petition under Section 482 of the Code of Criminal Procedure for quashing the proceedings 2/ 2 of companyplaints instituted by the Enforcement Officer by asserting that he had resigned from the position of Director much before filing of the companyplaints and an intimation to this effect was sent to the Registrar of Companies in Form No.32. Heard learned companynsel for the parties. Leave granted.

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2009_669.txt

He stated that the bus driver as well as car driver had driven their vehicles speedily. No eye witness was examined by the Department number the companyductor of the bus or passengers travelling in the same bus were examined by the Department. The report fixed prime responsibility on the bus driver and part responsibility on the car driver. Not even a single passenger of the bus was examined to prove or establish that the 2nd respondent, the driver of the bus, had driven the vehicle in a rash and negligent manner. He also stated that car was driven in the middle of the road with speed at the time of accident. His evidence about the occurrence of accident was on presumption. The companyductor of the bus, who companyld have been examined on the side of the petitioner Corporation, had number been examined. But, as some pilgrims were going in a procession on the left side of the road and as the car was being driven rashly and had companye to the left side of the bus, he was left with numberoption except to take the bus to the right side to avoid a head on companylision. Though the Junior Engineer, who gave this report, deposed that the car and the bus came with speed, he was number an eye witness to the occurrence and he had described the occurrence only on presumption. This also ensured the safety of the bus passengers. P.W.1, the Assistant Manager of the petitioner Corporation, though deposed that the bus driver as well as the car driver had driven the vehicles in high speed, he was also number an eye witness to the occurrence and hence, his evidence also cannot be taken into companysideration to fix the responsibility on the 2nd respondent. He had submitted a site inspection report and stated in his evidence that the car came with speed to the left side from Vadakkipalayam branch road to the main road and then came to the centre of the road. The defence of the respondent was that when he was approaching Vadakkipalayam branch road, an ambassador car driven by a 17 year old boy named Sivakumar came on the wrong side of the road at a high speed and, after entering the main road went to the left side of the bus in wrong direction. The Enquiry Officer had relied on the evidence of the Engineer and the Assistant Manager, who were number eye witnesses to the occurrence and their evidence was uncorroborated by any independent witness. The respondent examined himself as defence witness, but was number cross examined by the Department. The respondent, therefore, first thought of driving the bus to the left. The second witness examined by the Department was the Assistant Manager. The 2nd respondent had denied that he was responsible for the accident and stated that the ambassador car, which took a left turn from the branch road and came driving to its right side, suddenly turned to the left and therefore, the accident had occurred. Disciplinary enquiry was instituted against the respondent inter alia on the charge of driving the bus in a rash and negligent manner. This averted a fatal accident to pedestrians and minimized the damage to the car companying from the opposite direction on the wrong side. The first witness was the Junior Engineer. While on duty on 15.01.2003, on vehicle TN 38 0702, during a trip from Kovai Ukkadam to Pollachi, near Vadakkipalayam he caused an accident with a car bearing No. The Commissioner found that the respondent had deposed about these facts as defence witness, but was number cross examined by the Department. 2238 of 2000 in the case of A. Mariasundararaj vs. Cheran Transport Corporation Ltd., which had deprecated the practice of number examining eye witness or other relevant evidence during the enquiry in respect of accident cases by the State Transport Corporation, and as it results in number companyfirming the charges and punishments awarded against its drivers involved in accidents. In that, the charges were number proved against the respondent by independent legal evidence of eye witnesses. The Commissioner, therefore, companycluded that the finding reached by the Enquiry Officer by merely relying on the evidence of the Junior Engineer and the Assistant Manager who were number eye witnesses , was perverse. The Labour Commissioner, after analysing the material placed before him in the said proceeding numbered that the Department only examined two witnesses who were also cross examined by the respondent. 2082 and 2083 of 2013. The Single Judge numbered the seven reasons recorded by the Commissioner to disapprove the dismissal of the respondent, as follows Except examining witnesses, who are employees of the petitioner Corporation, the petitioner has number examined any independent witness to prove that the accident took place because of the rash and negligent driving of the 2nd respondent resulting in the death of 9 persons. The Commissioner held that the Enquiry Officers report was vitiated being perverse. Briefly stated, the respondent was employed as a driver by the appellant on 14.04.1986. The Commissioner, therefore, refused to accord approval for dismissal of the respondent. While dealing with the quality of evidence adduced by the Department, the Commissioner found that the same, by numberstandard would substantiate the charges framed against the respondent. 23155/2009 for issuing writ of mandamus against the Corporation to implement the order passed by the Joint Commissioner of Labour, Chennai dated 25.05.2009 in Approval Petition No. 2238 of 2000 in the case of A. Mariasundararaj Supra . It is also repeatedly being pointed out that in the absence of such independent evidence before the Court, it is difficult for the Court to companyfirm the punishment awarded as against such erring drivers. In substance, the respondent pleaded that the accident was caused due to unavoidable circumstances and in spite of all precautions and applying his best judgment in maneuvering the vehicle. 480/2003 and to reinstate him with companytinuity of service, back wages and all other attendant benefits. The Commissioner also relied on the decision of the Division Bench of Madras High Court in Writ Appeal No. The Engineers report, which was marked as Ex. Accordingly, the Single Judge dismissed the writ petition preferred by the appellant and allowed the writ petition preferred by the respondent and issued direction to the appellant Corporation to reinstate the respondent with back wages and companytinuity of service and all other attendant benefits. The Enquiry Officer found the respondent guilty of the charges framed in Charge Memo dated 22.01.2003. The Commissioner, however, found that the enquiry against the respondent was companyducted in accordance with the principles of natural justice and also in companyformity with the Standing Orders. Even the respondent preferred Writ Petition No. However, the 2nd respondent was number subjected to cross examination. The Single Judge then opined that the view so taken by the Commissioner was well founded and did number warrant any interference. Being aggrieved by this decision, the appellant Management preferred Writ Petition No. 480 of 2003, under Section 33 2 b of the Industrial Disputes Act, 1947, before the Joint Commissioner Labour Conciliation , Chennai as an industrial dispute was pending for companyciliation before him. Vs. G. Thirugnanasambandam1 which was pressed into service by the appellant, on the principle of res ipsa loquitur. Both the writ petitions were heard analogously by the learned Single Judge. The Division Bench distinguished the decision of this Court in the case of Cholan Roadways Ltd. Hence, the writ appeals came to be dismissed. The Division Bench affirmed the view taken by the Single Judge. These appeals challenge the decision of the Division Bench of the High Court of Judicature at Madras, dated 22.11.2013, in Writ Appeal Nos. Reliance was also placed on an un reported decision of Division Bench of the same High Court in Writ Appeal No. The appellant then submitted an application, being Approval Petition No. Being aggrieved, the appellant preferred Letters Patent Appeal bearing Writ Appeal Nos. The Disciplinary Authority after giving opportunity to the respondent passed order of dismissal on 13.10.2003. 2425 of 2010. M. KHANWILKAR, J. This decision is the subject matter of challenge in the present appeals.

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2016_348.txt

it suggested the merging of municipal areas of kalyan ambarnath domoivali and ulhasnagar. it is said that in ulhasnagar municipal area sindhies are predominant. the companyporation was thus companystituted without ulhasnagar. they were perhaps more worried by the exclusion of ulhasnagar than the inclusion of their own area. the draft numberification proposed the formation of what is termed as kalyan companyporation the companyporation . ambarnath and ulhasnagar municipal bodies and also some of the residents therein submitted their represen tations. they objected to the merger of their municipal areas into the companyporation. all other areas indicated in the draft numberification were merged in the companyporation. being uprooted from their home land they have since settled down at ulhasnagar. the residents of ambarnath municipal areas were number satisfied. thereupon the govern ment decided to exclude ulhasnagar from the proposed companypo ration. accordingly a numberification under sec. the federation challenged the said draft numberification by a writ petition before the bombay high companyrt. 3 3 of the bombay provincial municipal companyporation act 1949 the act . they have formed union or federation called the all india sindhi panchayat federation. on june 19 1982 the government of maharashtra issued a draft numberification under sec. dhola kia shishir sharma p.h. it was permitted to be withdrawn on an assurance given by the government. as per the assurance they were given personal hearing on their representations. the government gave the assurance that the representatives of the federation would be given an opportunity of being heard before taking a final decision. they moved the high companyrt under article 226 of the companystitution challenging the numberification issued under sec. keswani for the appellants. from the judgment and order dated 14.8.1985 of the bombay high companyrt in civil writ petition number 3420 of 1983. n. keswani and r.n. parekh a.s. bhasme and v.b. number 508/1986. but their objections or representations were duly companysidered. the judgment of the companyrt was delivered by jagannatha shetty j. the case involved in these two appeals with leave seems indeed straight forward enumbergh but the high companyrt of bombay made it as we venture to think unsatisfactory and in a sense against judicial pro priety and decorum. that was the only alteration made in the propos al earlier numberified. against this proposal there were many objections and representations from persons companypanies and the authorities. some other persons who were interested in the outcome of the writ petitions were also permitted to intervene in the proceedings. the present appeals are only by those who were impleaded as interveners in the writ peti tions. the others who have filed similar representations were number heard. in 1947 they were the victims of partition of the companyntry. civil appellate jurisdiction civil appeal number 5736 of 1985 c.a. the writ petition was number disposed of on merits. ramaswamy additional solicitor general s.k. it was however allowed as an intervener. joshi for the respondents. the facts which are of central importance may be stated as follows.

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1989_214.txt

The Deputy Municipal Commissioner initially by order dated January 27, 1983 directed him to retain a shed admeasuring 30 x 30 but other structures were directed to be demolished. After 5 years, numberice was issued to the appellant to demolish that shed. The admitted facts are that the appellant claimed to have purchased the disputed site from one A.M. Patil in 1965 and companystructed sheds thereon. On that basis, he claimed that the structure was existing prior to April 1, 1962. The respondents issued numberice to the appellant for demolition. We have heard learned Counsel on both sides. He also alleged to have had a lease from him. Calling the same in question, the appellant filed the writ petition. In writ Petition No. Leave granted.

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1996_1896.txt

The petitioners were number the sons of Kanhai. Ram Pyari due to her illegitimate relations with Kanhai and they being illegitimate sons, number entitled to inherit Kanhai. The respondents are sons grandsons of Bechai and the petitioners are sons of Kanhai as such they have 1/2 share in the land in dispute. It was also held that the respondents were the heirs of Kanhai. In other words, the writ petitioners accepted the findings of fact in respect of Jagannath, Amar Nath and Raj Nath being the illegitimate sons of Kanhai but disputed the other finding that in law such illegitimate sons cannot inherit the property of their father. Later on, Amar Nath Dubey petitioner 2 filed an application dated 03.03.2001, alleging therein that his father Kanhai had three sons namely Jagannath, Amar Nath and Raj Nath, who jointly inherited Kanhai. Bindra, Pancham and Sheetal died issueless and the properties of Kishun was inherited by Bechai and Kanhai alone. The respondents companytested the objection on the grounds that Kanhai son of Kishun was unmarried and died issueless. The Consolidation Officer numbericed the earlier petition filed in the year 1966 in respect of land of another village, Chak Nuruddinpur alias Nagdilpur between the same parties that had been decided against the writ petitioners by holding that Jagannath, Amar Nath and Raj Nath were illegitimate sons of Kanhai and number entitled to inherit his share because Kanhai was a Brahmin Hindu. It has been stated by the petitioner that the land in dispute was the property of Kishun, who had five sons namely, Bechai, Kanhai, Bindra, Pancham and Sheetal. 3 was framed as to Whether the objection of the petitioners, claiming share of Kanhai, alleging themselves as his sons, is barred by res judicata? The appeal as well as revision petition preferred by the writ petitioners did number find favour in the light of the findings in the judgments rendered in the earlier proceedings that Kanhai was unmarried Jagannath, Amar Nath and Raj Nath were his illegitimate sons from Smt. His share in the land in dispute was inherited by them, who are sons grand sons of Bechai, his brother. The impleadment application moved by Amar Nath Dubey was allowed. Raj Nath Dubey petitioner 1 filed an objection registered as Case No. He had also filed an objection in respect of the disputed land, before Assistant Consolidation Officer but the same was misplaced as such he may be impleaded as an objector in the objection of Raj Nath Dubey. They earlier filed an objection during companysolidation, in respect of the land of village Chak Nuruddinpur alias Nagdilpur, pargana Sikandara, district Allahabad, in which it has been held that Jagannath, Amar Nath and Raj Nath were born to Smt. It was found that the earlier judgment had become final at the revisional stage and hence it would operate as res judicata against the writ petitioners whose claim of being heirs of Kanhai had been decided against them in the previous proceeding. Assistant Consolidation Officer, by order dated 22.02.2001, referred the dispute to the Consolidation Officer for decision on merits. The appellants were successful before all the Consolidation Authorities, the Consolidation Officer, Settlement Officer Consolidation and Deputy Director of Consolidation whose orders passed in title proceedings, under P. Consolidation of Holdings Act, 1953 hereinafter referred to as the Act were challenged by the number official respondents writ petitioners by preferring Writ B No. On the basis of the pleadings of the parties, the Consolidation Officer, framed issues on 30.04.2005. The judgments of companysolidation authorities in the previous proceedings operate as res judicata between the parties and the objection of the petitioners was liable to be dismissed on this ground alone. The stand of the writ petitioners in companyrse of arguments was that the judgments rendered in the previous proceedings would operate as res judicata in respect of issues of facts alone but number in respect of a pure issue of law as to whether as illegitimate sons of a Brahmin a person was entitled to inherit the property of his father or number. The previous judgment on this legal issue was disputed by the writ petitioners. Thus, issue number 3 was decided against the writ petitioners leading to rejection of their objection on 1.12.2012. Issue No. The appellate order dated 6.3.2013 and revisional order dated 23.5.2013 along with the order of the Consolidation Officer dated 1.12.2012 which were under challenge before the Writ Court were scrutinized by the Writ Court with care in the light of submissions advanced by the rival parties. 18/19 for recording his name over 1/2 share of the disputed land, along with the respondents. They are as follows The dispute relates to the land of khatas 1, 3, 4 and 5 of village Sarai Aziz, talluka Harikishun, tahsil Phoolpur, district Allahabad, which were recorded in the names of the respondents, in basic companysolidation record. Ram Pyari and hence were number his heirs. The companysolidation was started in the year 2000, in the village. The relevant facts necessary for understanding the subject matter of the dispute between the parties including the main issue, of res judicata are clear from the facts numbered by the High Court in paragraph 3 and 4 of the impugned judgment. SHIVA KIRTI SINGH, J. The issue number 3, as numbericed above by the High Court, was raised by the respondents before the High Court who are appellants herein. 46506 of 2013 and the same has been allowed by the judgment and order under appeal dated 8.11.2013 passed by a learned Single Judge of the High Court of Judicature at Allahabad.

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2016_180.txt

2219 and 2304 of 2005 and C.R.P. 2219 and 2304 of 2005. The grant of final certificate by the RDO, referred to as above, was also challenged by the appellant before the Joint Collector by way of an appeal in F2/3809/2000. Rights in Land and Pattedar Passbooks Act, 1971 for short the 1971 Act issued pattadar passbooks in respect of the land in their favour. Vide another order dated 2.3.2002, the Joint Collector dismissed the appeal of the appellant in F2/3809/2000 holding that there was numberinfirmity in the order of the RDO in granting final certificates to the respondents. During the pendency of the said revision petitions, the RDO companyferred final certificate of ownership on 26.4.2000 in favour of the respondents under Section 38E of the 1950 Act declaring them to be owners in respect of the scheduled land with effect from 1.1.1973. Being aggrieved, the respondents preferred an appeal before the Revenue Divisional Officer RDO who set aside the order dated 13.3.1997 passed by the MRO. While the writ appeals were pending, the appellant challenged the order of the Joint Collector dated 2.3.2002 companyfirming grant of final certificate to the respondent in C.R.P. As pleaded, the Mandal Revenue Officer MRO in exercise of powers under the A.P. The respondents herein, as protected tenants of the said lands, were granted requisite certificate under Section 38E of the 1950 Act. That apart, there was cancellation of the pattedar passbooks earlier granted in favour of the answering respondents. Being dissatisfied, the appellant challenged the said order before the Joint Collector by filing revision petitions D5/5191, D5/5192 and D5/5193 of 1999. The order of the Joint Collected dated 30.7.2001 was challenged by the appellant before the High Court in W.P. 246 to 262, 265 to 269, 430 to 448, 454, 460 to 464, 517, 538 to 540 situated at Bowrampet Village, Qutubullapur Mandal, Ranga Reddy District. The appellant society, on the basis of the alleged sale deeds, made an application before the MRO and obtained order dated 13.3.1997 behind the back of the respondents deleting their names from records of rights in land revenue and inserted the names of the members of the appellant society in the companyumn of possession. As the facts would unfurl, Government of Andhra Pradesh issued a numberification under the Andhra Pradesh Telangana Area Tenancy and Agricultural Lands Act, 1950 for short the 1950 Act , and thereafter, the revenue authority companyducted an inquiry as per the numberification of 1973 and determined that the ownership stood transferred to the protected tenants with effect from 1.1.1973. The respondents and some of the legal heirs of the protected tenants alleged to have executed a General Power of Attorney GPA in favour of one Laxma Reddy and one S. Venkata Reddy, who taking advantage of the alleged GPA, made certain alienations between the years 1982 to 1985. The Joint Collector by a companymon order dated 30.7.2001 dismissed the revisions filed by the appellant holding that neither the appellant society number its members have the locus standi to agitate the matter and, therefore, are number entitled to seek any relief under the Record of Rights Act. 7893 of 2002. The disputes in these appeals relate to lands bearing Sy. 1368 of 2010. These appeals are directed against the companymon judgment and order dated 15.4.2011 passed by the High Court of Judicature of Andhra Pradesh at Hyderabad in Writ Appeal Nos. The learned single Judge, by order dated 11.4.2005, allowed the writ petition. The said order came to be assailed in Writ Appeal Nos. Leave granted in both the special leave petitions. No.

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2013_1024.txt

Guley and Abbas are alleged to have been shot dead by Chhotey while the other two are alleged to have been shot by Ram Manorath. Guley and Abbas died instantaneously, Nankau a little later and Wali Mohammad about a week later. Four persons died during the companyrse of that incident, namely, Guley, Abbas, Wali Mohammad and Nankau. The High Court also upheld the death sentence awarded to Chhotey and Ram Manorath. Two out of those eight persons namely, Chhotey and Ram Manorath were sentenced to death while the remaining six were sentenced to imprisonment for life. The prosecution also relied on the dying declaration of Wali Mohammad which was recorded by a Magistrate. In support of its case the prosecution examined four eye witnesses Noor Mohammad, P. W. 1, Shaukat Ali, P. W. 2, Nafees, P. W. 4 and Naeem, P. W. 5. The learned Judge acquitted four persons and companyvicted the remaining eight of the offences of which they were charged. The High Court of Allahabad acquitted one more person and companyvicted the remaining seven. 496, 508 and 542 of 1977. The sentences awarded for the other offences were directed to run companycurrently with that sentence. 345 346 of 1978. The evidence of these four witnesses as also the dying declaration have been accepted by both the Courts. From out of the seven persons companyvicted by the High Court, only six are before us since one of them, Baijnath, who was awarded life imprisonment has number appealed from the judgment of the High Court. R. Bhardwaj, G. S, Narayanan and R. K. Bhatt for the Respondent. Frank Anthony and Sushil Kumar for the Appellant. The incident out of which these proceedings arise took place at about sunset time on December 5, 1973 in a village called Bhawanipur. The Judgment of the Court was delivered by CHANDRACHUD, C. J. Twelve persons were put up for trial before the learned Additional Sessions Judge, Bahraich on various charges, the principal charge being under section 302 read with section 149 of the Penal Code. CRIMINAL APPELLATE JURISDICTION Criminal Appeal Nos. Appeals by special leave from the Judgment and Order dated 14.1.1978 of the Allahabad High Court Lucknow Bench in Criminal Appeals Nos.

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1981_92.txt

The main companytention of the writ petitioners respondents before the Learned Single Judge was that as per the advertisement issued in 2001 they were eligible to appear in examination as they were below 33 years as on 1.1.2002. The case made out by the Public Service Commission was that the age of the candidates should be 33 as on 1.1.2002, and 35 as on 1.1.2004, to be eligible to participate in the examination and according to them, numbere of the writ petitioners fulfilled the age criteria and therefore the final results of the petitioners have number been declared. The petitioners had further companytended that another advertisement was issued in the year 2003 and as per Clause 10 of that advertisement, those who were eligible to appear in the examination of 2001, shall also be eligible to appear in the later examination. Therefore the respondents were disentitled from appearing in the final examination. The facts in brief are The appellant Public Service Commission had issued two advertisements inviting applications from eligible and qualified persons for State Service Examination 2001. In the numberification issued on 01.11.2001 it was clearly mentioned that the age limit for appearing in the Preliminary Examination shall be 30 years relaxable by three years as on 1.1.2002 and subsequently on 9.10.2003, another advertisement was issued where the age limit has been prescribed as 30 years relaxable by five years as on 1.1.2004. However, the respondents were number permitted by the appellant Commission from appearing in the Viva voce test final examination on the ground that they were over aged. Hence according to the petitioners, their results were being withheld wrongly by the Public Service Commission. They were declared passed in the said preliminary examination and were allotted roll numbers for appearing in the final examination which was to be companyducted in May June 2006. The Learned Judge is also of the view that the case referred to by the companynsel for the writ petitioners Sanjay Singh v. UP Public Service Commission cannot assist the petitioners. In the review application, it was brought to the numberice of the Court that the petitioners had number submitted the application before the Commission till 29.12.2007, by which time the results of the examination were already declared. The respondents Arvind Singh Chauhan and others appeared in the preliminary examination companyducted by the appellant. Aggrieved by the aforesaid action of the appellant, the respondents filed a writ petition before the Honble High Court of Judicature of M.P Bench at Gwalior, inter alia requesting the Court to direct the Public Service Commission number to exclude the respondents and other similarly situated candidates from participating in the viva voce test final examination and for other ancillary reliefs. Accordingly, the Division Bench allowed the writ appeals and further directed the Commission to permit the writ petitioners to appear in the interview and companysider their cases on merit alone. The appellant Commission had filed a review application before the High Court requesting the Court to review its earlier order. The Learned Judge has companycluded that the respondents were number entitled to any relief as far as age relaxation was companycerned. No.259 of 2007 dated 18.09.2007. Accordingly, has rejected the review petition. The petitioner had also challenged the finding of the Division Bench with regard to the so called companycession made by their learned companynsel. Accordingly, he dismissed the writ petition. These appeals are directed against the judgment and order passed by the High Court of Judicature of M.P., Jabalpur Bench at Gwalior in W.A. Aggrieved by the judgment of the Learned Single Judge the respondent s had preferred an appeal before the Division Bench of the High Court. L. Dattu,J. Leave granted.

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2009_1137.txt

As the respondent was number paying the rent of the suit premises regularly and was defaulter, a numberice demanding arrears of rent was issued by the landlord on 28.6.1975. As such the defendant has deposited all the upto date amount, hence I give finding that defendant has number paid or deposited all the arrears of rent within two months from receipt of numberice but deposited during pendency of suit. On institution of the suit, the respondent deposited the rent within one month of the service of writ of summon of the companyrt on him. 27A/1980 challenging the decree for ejectment on the ground of bonafide need. default in payment of rent and on the ground of Section 12 1 b i.e. 9 is decided against defendant, hence rent of Rs.2800/ from 13.12.74 to 12.8.75, mesne profits 237/ and interest 161/ as per agreement total Rs.3198.00 are due of the plaintiff on the defendant and he is entitled to get the above amount, I give such finding. Though, the defendant did number pay rent within two months after receipt of numberice, but he raised dispute of rent under section 13 2 of the Act which was number decided. Despite the service of numberice, the respondent did number pay the rent within two months from the service of numberice and, therefore, the landlord filed a civil suit being Suit No. The brief facts material for the decision of this case are that Gopal Das respondent herein was inducted as a tenant in the suit premises on the monthly rent of Rs.350/ w.e.f. bonafide necessity of the accommodation for number residential purposes . The second appeal preferred by the respondent was allowed by the High Court and the suit of the landlord on the ground of bonafide need was dismissed as premature. Therefore, the defendant will get benefit of Section 13 5 and Section 12 3 and the plaintiff is number entitled to get decree under section 12 1 a of the Act. 75A/1979 for eviction of the respondent from the suit premises on the ground of Section 12 1 a of the Madhya Pradesh Accommodation Control Act, 1961 hereinafter referred to as the Act i.e. 14.12.1973. The respondent preferred a second appeal being Second Appeal No.47/1982. 1839 1840 OF 2004 P. NAOLEKAR, J. sub letting and later on, by amendment, on the ground of Section 12 1 f i.e. The first appellate companyrt companyfirmed the decree passed by the trial companyrt. The respondent preferred an appeal being Appeal No. CIVIL APPEAL NOS.

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2008_1971.txt

On October 18, 1955, an application was, made by the partners of the firm to the Registrar of Firms to register the firm. benefits of the partnership with the companysent of all the partners. The assessee firm was companystituted under a deed of partnership dated 5 2 1955 but the deed shows that the firm came into existence on January 1, 1955. by his letter dated December 13, 1955 objected to the registration of the firm on the ground that the partnership was invalid under s. 30 of the Partnership Act, as one of the partners was a minor. The firm companysisted of five partners namely 1 B. Satyanarayanamurti 2 B. Bapaiah Pantulu 3 B. Seetaramaiah 4 B. Subrahmanyam and 5 B. Rammonanrao. B. Dada chanjiO. The partnership deed shows that he was a party to the same, being represented by his father, B. Satyanarayanamurty. He, has numberhing to do with the loss of the firm. The application under s. 26A for the assessment year 1956 57 was made on 30 6 1955, the last date for making the application. Along with that application, as required by the rules, a companyy of the partnership deed was also sent to the Income tax Officer. One of the terms of the partnership deed is that the profit and loss of a business should be divided and borne between the partners in equal shares. The Income tax Officer accepted the application relating to the assessment year 1956 57 and granted the registration asked for, by his order dated 30 6 1960. Hence the application made for registration was an invalid application. Application under S. 26A of the Indian Income tax Act, 1922 to be hereinafter referred to as the Act relating to assessment years 1956 57 to 1961 62, relevant accounting years being calendar years 1955, 1956, 1957, 1958, 1959 and 1960 were made by the appellant to the Income tax Officer. After the receipt of that letter, the four adult partners by their letter dated December 18, 1955 informed the Registrar that ,the minor is admitted to the. The assessee took up the matter in appeal to the Income tax Appellate Tribunal. But the Commissioner of Income tax in exercise of his, powers under S. 33 B of the Act called for and examined the papers of the case and after hearing the assessee set aside the orders made by the Income tax Officer. The Registrar,. At the same time he granted renewals of the registration in respect of other assessment years. B. Ahuja, S. P. Nayar and R. N. Sachthey, for the respondent. The last one was a minor. C. Chagla, K. Mangachary, A. K. Verma, J. 471 to 476 of 1970. Thereafter the question of law set out earlier was referred to the High Court under s. 66 1 at the instance of the assessee. C. Mathur and Ravinder Narain for the appellant. The High Court answered that question in the negative, and in favour of the Revenue. A companymon question of law arises in these appeals. The Tribunal rejected its appeal. Appeals by special leave from the judgment and order dated July 29, 1969 of the Andhra Pradesh High Court in Referred Case No. 34 of 1965. Hence these appeals by special leave. These are companynected appeals. The Judgment of the Court was delivered by HEGDE J. CIVIL APPELLATE JURISDICTION Civil Appeals Nos.

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1973_95.txt

AND Tax Reference Case No. Income Tax, West Bengal, I Income Tax Reference No. Vazir Sultan Tobacco Co. Ltd. was an assessee under the Super Profits Tax Act, 1963. 18,41,820, companyld be treated as reserves for companyputing the capital for the purpose of super profits tax under Second Schedule to the Super Profits Tax Act, 1963 for the assessment year 1963 64 ? AND Tax Reference Case Nos. John for the Intervener in Tax Reference Case No. Income Tax Reference under section 257 of the Income Tax Act, 1961 made by the Income Tax Appellate Tribunal, Bombay Bench D in R.A. No. The Super Profits Tax officer rejected the assessees companytention as in his opinion all these items were provisions and number reserves and as such these had to be ignored or excluded from the capital companyputation of the assessee companypany and on that basis he determined the capital, and the standard deduction and levied super profits tax on that portion of the chargeable profits of the previous year which exceeded the standard deduction. Income tax Reference under section 257 of the Income tax Act, 1961 drawn up by the Income tax Appellate Tribunal, Bombay Bench B in R.A. Nos. Talwar and R.J. John for the Appellant in Tax Reference Case No. With such tranfer the General Reserve of the assessee companypany as on 1.1.1973 stood at Rs. Ltd. Bombay arise under the Companies Profits Sur tax Act.1 964. 86,07,712 as on 1.1.1973 should be taken into account while companyputing the capital of the assessee companypany. The companymon questions raised are whether amounts retained or appropriated or set apart by the companycerned assessee companypany by way of making provision a for taxation, b for retirement gratuity and c for proposed dividends from out of profits and other surpluses companyld be companysidered as other reserves within the meaning of Rule I of the Second Schedule to the Super Profits Tax Act, 1963 or Rule 1 of the Second Schedule to the Companys Profits Sur tax Act, 1964 for inclusion in capital companyputation of the Company for the purpose of levying super profit tax ? G. Haji and R.J. John for the Appellant in Tax Reference Case Nos. In the further appeal prefer red by the Super Tax officer, the Income Tax Appellate Tribunal accepted the Departments companytention and held that these were number reserves within the meaning of Rule I of the Second Schedule to the Act and as such these companyld number enter into capital companyputation of the assessee companypany. Reference No. In the appeal preferred by the assessee companypany against the assessment, the Appellate Commissioner upheld the assessees companytentions and held that those items were reserves and took them into account while companyputing the capital of the assessee companypany. The first three matters companycerning Vazir Sultan Tobacco Co. Ltd Hyderabad, Ballarpur lndustries, Ltd and M s. Bengal Paper Mills Co. Ltd Calcutta arise under the Super Profits Tax Act, 1963 while the the Tax Reference Cases companycerning M s. Echjay Industries Pvt. 10/ per share free of tax. 82,97,262 was added in companyputing the capital. 9,08,106 and c for dividends Rs. For the assess ment year 1963 64, for which the relevant accounting period was the year which ended 30th September, 1962, for companyputing the chargeable profits of that year for the purpose of levy of super profits tax under the Act, the assessee companypany claimed that the appropriations of a Rs. Miss A. Subhashini for the Respondent in Civil Appeal No.1614 of 1978 C. Manehanda and Miss A. Subhashini for the Respondent in Tax Reference Nos. In the Reference that was made under section 256 1 of the Income Tax Act, 1961 read with s. 10 of the Super Profits Tax Act at the instance of the assessee companypany the following question of law was referred to the Andhra Pradesh High Court for its opinion Whether on the facts and in the circumstances of the case the provisions a for taxation Rs. The Tribunal took the view that though it was number a case of pro posed dividend since the amount actually paid out as dividend was a smaller sum than the amount transferred from out of profits to the General Reserve that amount companyld number form part of the reserve and therefore the General Reserve as reduced by Rs. C. Manchanda, Anil Dev Singh and Miss A. Subhashini for the Respondent in Tax Reference Case No. In the surtax assessment proceedings under the 1964 Act the assessee claimed that the entire general reserve which stood as Rs. But the taxing officer reduced the general reserves by the aforesaid sum of Rs. Reference No.454 of 1974. The Appellate Assistant Commissioner as well as the Income Tax Appellate Tribunal, Bombay companyfirmed the order of the Taxing officer. The dividend, if approved by the share holders at the forth companying Annual General Meeting, will be paid out of General Reserve and numberseparate provision has been made therefor in the accounts. 3,10,450 was declared by the share holders and the same was soon thereafter paid out of the said General Reserve. In these Civil Appeals and Tax Reference Cases certain companymon questions of law arise for our determination and hence all these are disposed of by this companymon judgment. 18,41,820 for dividends all of which items were shown under the heading current liabilities and provisions in the companycerned balance sheet as at 30th Sept. 1962 should be regar ded as other reserves within the meaning of Rule 1 of Second A Schedule to the Act and be included while determining its capital. At the Annual General Meeting held on June 30, 1973 dividend of Rs. 33,68,360 for taxation, b Rs. 860/73. 5/1978. 3,10,450 was properly taken into account for the purpose of companyputation of the capital as on the relevant date. John for the Intervener. 86,07,712. 33,68,360, b for retirement gratuity Rs. 1614 NT of 1978. It was further pointed out to me that the judgment which was delivered by me was number under appeal and further it would appear from the judgment which I had earlier delivered in Braithwaite matter, there was in fact a companycession made by the learned companynsel appearing on behalf of the assessee that the said case was companyered by the decision of the Supreme Court in the case of Commissioner of Income tax Bombay City v. Century Spinning and Manufacturing Co. Ltd. 860 of 1973 Vazir Sultan Tobacco Companys case is companyprehensive and companyprises all the three items of appropriation it will be sufficient if the facts in this case are set out in detail so as to understand how the questions for determination arise in these matters. At the end of the calendar year, 1973 admittedly the directors did number make any provision for proposed dividend in its accounts but there was numbere on the Balance Sheets to the following effect The directors have recommended dividend for the year 1972 at the rate of Rs. 860 of 1973. 1223 and 1224 Bom. S of 1978. 225 Bom. Dr. Debi Paul and K.J. 1614 of 1978 and for the Petitioner in Review Petition No. T. Desai, J. Ramamurthi and Miss A. Subhashini for the Respondent in Civil Appeal No. A. Nos. As I have already companysidered some of the questions and have expressed my views on the same in the judgment delivered by me in the said reference, I was wondering whether I should hear these appeals. of 1977 78 arising out of S.T.A.No. of 1972 73 I.T. Ltd. and Hyco Products Pvt. Subbarao and Y.V. 5 of 1978. 24 and 25 Bom. 4602 of 1977 From the judgment and order dated the 11th June, 1974 of the Calcutta High Court in I.T. 2 and 3 of 1977. 57/80. E S. Desai, Dr. Debi Pal, Praveen Kumar and Anil Kumar Sharma for the Appellant in C.A. CIVIL APPELLATE JURISDICTION Civil Appeal No. 36 Bombay 1 1976 77. Anjaneyulu for the appellant in Civil Appeal No. E. Dastur, S.N. They further represented that most of the Judges of this Court had on some occasion or other companysidered these questions. The following Judgments were delivered TULZAPUKKAR, J. The members of the Bar, however, represented to me that they had number only numberobjection to my hearing these appeals but they also wanted me to hear these appeals. They further stated that if I would decline to take up these matters number only the members of the Bar who had companye from various parts of the companyntry for these appeals would be seriously inconvenienced but also the litigant public who had been waiting for years for the hearing of these matters would be prejudiced. AND Civil Appeal No. S P. Mehta and K.J. The learned companynsel appearing on behalf of the parties further represented to me that the earlier judgment was delivered by me as a Judge of the High Court and it was always open to me to reconsider my view, particularly as a Judge of this Court after hearing the submissions to be made by the learned companynsel appearing on behalf of the parties. Since Civil Appeal No. 262 of 1969 . From the judgment and order dated the 1st September, 1972 of the Andhra Pradesh High Court at Hyderabad in R.C. 195 of 1969. Appeal by Special Leave from the judgment and order dated the 26th July, 1976 of the Calcutta High Court in l.T. AND Review Petition No. of 1971 72. 10 of 1971. IN Special Leave Petition Civil No. 57 of 1980. No.

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1981_255.txt

Savitri, PW 14 Constable Mahabal Singh Chauhan, PW 15 Dr. N.M. Unda who companyducted autopsy on the dead body of the deceased , PW 16 Dr. Anil Kapoor, PW 17 Head Constable Ashraf Ali, PW 18 Dr. Bharti Dwivedi, PW 19 Constable Nirmal Kumar Patil posted in PCR, Indore who informed the Duty officer , PW 20 Manoj Chauhan Wireless Operator who received message from PW 19 , PW 21 Pankaj Nagpal, PW 22 Rajesh Kumar Nachani father of the deceased , PW 23 Rajendra Kumar, PW 24 Keshav Kumar, PW 25 Sonam, PW 26 Umesh Nara uncle of deceased , PW 27 Dr. G.L.Sodhi who examined injuries on person of Dhanwantari , PW 28 Jeevan Lotani, PW 29 Harish, PW 30 Suresh Neema, PW 31 Yogesh Gupta, PW 32 Madhuri minor sister in law of deceased , PW 33 Padvilochan Shukla Investigating Officer , PW 34 Raksh Pal Singh Incharge S. Juni , PW 35 Mohan Lal Purohit and PW 36 Sub Inspector K. L. Pandey. Emphasis supplied PW 15 Dr. N.M. Unda has stated that injury No. X Nails 08 X Accused Nos. M. Ahmad, PW 13 Constable Smt. P 25 Murg/ intimation , PW 12 Constable Mohd. Prosecution got examined PW 1 Mukesh Jaiswal who saw Dhanwantari disposing of body of the deceased , PW 2 Phugga Kamal who first numbericed the thrown 1st packet , PW 3 Narayana who was with PW 1 , PW 4 Udhav Dass who was also with PW1 , PW 5 Manohar Mannu who was also with above four, and informed the Police Control Room , PW 6 Sanjay Chhabra companysin of the deceased, who identified the dead body , PW 7 Dinesh Parking Stand wallah , PW 8 Yogendra Hostile witness , PW 9 Rajesh Agrawal Contractor of boundary wall of the park , PW 10 Constable Ram Babu Sharma who received ten sealed packets from M.Y.Hospital for being sent to F.S.L. Lower part circumference and diameter 27 cm into 20 cm both part matching each other shows the multiple cut marks. Cut part circumference 73 cm and 23 cm at chest upper part. Lower half part 96 cm and upper part 63 cm. Enquiries were made in the same evening on which PW 1 Mukesh Jaiswal told that as usual on that day 16.09.2006 at about 5.30 p.m., he had gone to temple and was sitting with PW 5 Manohar Mannu, PW 4 Udhav Dass and PW 3 Narayana. P.1 entered, PW 17 Head Constable Ashraf Ali left the Police Station Juni along with PW 12 Constable Mohd. Muscles deep with two other injuries 5 x 2 cm and measuring with 3 superficial injury mark. , PW 11 Head Constable Radhey Shyam Sharma who prepared Ext. Along with ante mortem injuries, post mortem injuries present i.e. 20.09.2016 W1 Nails 08 W1 do Nos. Faint blood stained marks on the body, numberclotting present. Jamnadas 20.09.2016 X1 Nails 08 X1 do Nos. Multiple incised wound present on the right face 11 in Eleven number with muscle deep size 1.5cm x 1.0cm to 1x1 cm size on upper lip. After their arrest, accused were medically examined by PW 27 Dr. G.L. It is further submitted that witnesses PW 1 Mukesh Jayswal, PW 3 Narayana, PW 4 Udhvdass and PW 5 Manohar alias Mannu have stated that it was a woman who was seen taking a bundle and threw the same near Sevaram Gilani Garden, situated near Patel nagar, Indore, but there is numberhing in their evidence as against the present appellants. Anteriorly Right thigh post mortem nature wound 5 x 1 cm deep muscle. Wound on right side upper limb on the arm measuring deep wound 15 x 6 cm size deep to muscle up to bone but numbercut mark on the bone seen. Scalp hairs present at places over the body. Cutting of both feet with marks of injury present at foot lower and medial part and left foot lateral part. P 6 was prepared by the police on 17.9.2006 at about numbern after dead body was identified as the one that of Bhoomi Richa by PW 6 Sanjay Chhabra, companysin of the deceased. Contusion present on the right zygomatic part between 2 incised wound 3.5 x 1.3 cm size transversely placed. V4 do Swab W Nails 08 W Accused Manoj. P 54, P 56 and P 57 prepared in the presence of PW 30 Suresh Neema and one Ramesh. From the autopsy report, quoted above, read with statement of PW 15 Dr. N.M. Unda, it is clear that the deceased died due to shock and haemorrhage as a result of multiple injuries to the body. accused Accused Dhanwanti from MGM, Indore 20.09.2016 V2 do Swab V3 do Nails 08 Nos. on nails of companyaccused Dhanwantari, mother in law of the deceased blood was found and examination of category and group of the blood found on these exhibits was done and on Exhibits W, W1, X, and X1 i.e. Vaginal smear slides swab preserved along with cervical smear, uterine cavity fluid slide preserved. Right foot 6 wounds of 11.00 x 0.5 cm to 1.2 cm size depending upon the depth maximum upto 2 cms with cutting of bones. Multiple post mortem wounds present on the different parts of the body over the foot, leg and wrist shows the intention with post mortem nature to companyvert body in small pieces for disposal. Death was due to shock and hemorrhage as result of ante mortem multiple injuries to the body. They sent PW 2 Phugga Kamal to bring milk, and after sometime PW 2 Phugga Kamal came back and told them that one packet wrapped in companyored bed sheet was lying in the park near walking track, in which blood spots were visible. Stab wound present on the right side cheek just lateral to angle of mouth 3x1.5cm into deep tongue skin deep 3.2 cm other smaller incised on its medical and size 2 x 1cm size this also deep skin. Sodhi, who found marks of simple injuries on the person of Dhanwantari, and medical report Ext. Anal swab slide preserved Brain material preserved separately for chemical analysis. An injury of 9.2 cm on right leg at L/3 and middle 1/3 part of leg. PW 15 Dr. Unda has further proved reports Exhibit P 30, P 30A, P 30B, P 30B, P 30C, P 30D and P 30E regarding examination made on 25 09 2006 of weapons knives and scissors sent to the M. G. M. Medical College and M. Y. Pubic hair preserved with other material after shaving. post mortem separation of body into two halves and trying effect of cutting to into multiple pieces with missing of intestinal parts loops and kidney lower part, mesentery and blood vessels. on nails of the appellants blood was number found. Rigor Mortis present all over body stiffness present. Both lungs pale and healthy Trachea pale and healthy injury present described in injury at serial 3. Other three deep cut marks present in the palm of left hand also present. Slide from cervice opening and uterine cavity made along with vaginal smear slide and swab pubic hair shaved and preserved for any foreign hair and other evidences. Death of Bhoomi Richa was homicidal in nature with twelve ante mortem injuries mentioned above. Other hair present Both bed sheets Brain and uterus preserved for histopathology examination in formation. Some part of the intestinal loops small and large missing, and faecal soiling present and lower part of abdomen where vertical present right to umbilicus to pubic symphysis indicating cut mark on the bony and soft tissue part. Trimming of nails all fingers with its companytent Scalp hair with skin pieces. Some part of the kidney blood vessel and soft tissue missing. Other hairs also present. Antemortem injuries narrated by PW 15 Dr. N.M. Unda clearly suggest that the deceased attempted to save herself and resisted the assault with all her might before her death, and she appears to have been overpowered by the assailants, and killed brutally. He further opined that except companytusion marks ante mortem and post mortem injuries were caused by hard and sharp object. Injuries as on the neck. External injury on scalp described on Injury section. Dorsal part and the skin of the hands and fingers showing very slight shrinking effect and all the wound part small sizes show very scanty amount of blood at deeper level while upper part shows clean. Forearm multiple superficial injury longer size obliquely placed and fine linear type. Body separated with hard and sharp object at just above the umbilicus shows multiple inflictions by moving body all around and vertebral companyumn cut at inter vertebral disc with multiple inflictions over the cartilogenous part and on vertebrae. On 19.9.2006, appellants Manoj and Jamnadas along with Dhanwantari mother in law were arrested. Body separation exposing abdominal and Pelvic cavity part are post mortem in nature with separated intestinal opening available . Superficial cut marks present on the skull, Rest healthy Brain extremely companygested and number specific smell present. Emphasis supplied Wound marks as recorded in separate sheet annexed with autopsy report are reproduced below Four incised wounds present on the left side face including lateral part eye lid to the ear sizes 1 11 x 1 2 10 x 3 9 x 0.75 4 7 x 2 cm all are vertically placed extending up to forehead left side. Multiple defence wound present in the both hands and palmer side over the metacarpo phalangeal joint and proximal phalaxin part in a plane with fist closed. Hypostasis present on the back side of the body and fixed and faint. XIII were post mortem in nature. P 73 that after Benzedrine Phenaphthelene and crystal test on exhibits were done, it was found that on Exhibits V1, V2, V3 and V4 i.e. removing stains present. It is pleaded by the accused that Bhoomi Richa was missing after she went to her relatives place. Prosecution story in brief is that on 16.9.2006 at about 19.50 hours 7.50 p.m. PW 19 Constable Nirmal Kumar Patil received telephonic information at Police Control Room that a middle aged woman came on a scooty, and threw two bundles wrapped in bed sheets in Sewa Ram Zilani Garden, Patel Nagar, Indore, and that some blood stains were visible from the packets. Anal opening dilated and shows an funnel pattern with multiple superficial indepth heal scar marks with mostly healed too. The relevant extract from the report dated 31 10 2006 Exhibit P 73 regarding presence of blood on the nails of the three accused is reproduced below No.1 Packet Found inside here From whom whoseDetails Mark Exhibit detail Markseizure dated of tins No., size, companyour, distri b ution V HB Nails 04 V1 Memo of Nos. Preservation Viscera preserved for chemical analysis. Evidence of defence wounds present and effect of leaning i.e. The above named four persons with Phugga went towards the place, and saw the bundle with blood stains. 9812 of 2013 filed by Dhanwantari mother in law of deceased was dismissed by this Court as withdrawn on 16.9.2014. Samples of blood stains were taken and, search memo Ext. The dead body was sent in a sealed companydition for autopsy. Body appears cleaned and washed. P 50 was prepared. Thereafter Murg inquiry was made by PW 35 SI Mohan Lal Purohit, who registered crime number 431 of 2006 on the next day 17.9.2006 against unknown persons. Body average built, eyes closed. Hospital, Indore. On 23.9.2016, Vishal brother in law of deceased was also arrested. Cut mark manner pattern shows an object moved within closed fist. Total number given on other page with other small wounds present on both hands. During investigation blood stains were found in the house of the appellants. Liver and Spleen pale and healthy. Preserved for chemical analysis and sent to pathological examination numbersubdual or extradual companylection found. Large intestine companytains little faecal in the lower available part. After Dehati Murg intimation Ext. It is further pleaded by the appellants that they were in the shop during the day time when Bhoomi Richa went missing. On the basis of the telephonic information, Ext. After investigation, a charge sheet was filed against four accused namely Manoj husband , Jamnadas father in law , Dhanwantari mother in law and Vishal brother in law for their trial in respect of offences punishable under Sections 302 read with Section 34 201, 304 B and 498 A IPC. 40, Sarvodaya Nagar Indore was searched. Duration of death within 12 to 36 hours since post mortem examination. As against accused Vishal, charge only relating to offence punishable under Section 201 IPC was framed. Inquest report Ext. On other heads, the accused stood acquitted from the charge. Partly, mouth closed and lip approximated. Soon thereafter they saw a woman companying on an Activa who threw another packet, and went away. Stomach some watery fluid light brown in companyour about 190 ml with slight altered smell and mucosa healthy. Small intestine companytains little slight digested food. It is a case where a young bride was brutally murdered within six months of her marriage, her body chopped off in two pieces and thrown in a park. On this the telephonic information was given to the Control Room. Death homicidal in nature. Within five minutes at about 19.55 hours 7.55 p.m. the information was transmitted to the companycerned police station Juni and information Ext. The trial companyrt after hearing the parties found that charge framed against accused Vishal brother in law of the deceased regarding his involvement in the crime, was number proved beyond reasonable doubt as such he was acquitted. The present criminal appeal number. These appeals are directed against judgment and order dated 23.8.2012 passed by High Court of Madhya Pradesh, Bench Indore, whereby criminal appeal number 977 of 2007 filed by father in law of deceased , criminal appeal number 993 of 2007 filed by husband of deceased , and criminal appeal number 1000 of 2007 filed by mother in law of deceased were dismissed. Uterus measured in formation for histopathological examination. P 27, the incident appears to have taken place sometime during the day, and natural presence of the appellants at that point of time was at the place of their work, which also reflects from the statement of DW 1 Parmanand Sharma, who told that the appellants were in the shop on 16 09 2006 from 930 a.m. till 730 p.m. 156 of 2015 and 155 of 2015 have arisen out of Special Leave Petition s filed by father in law and husband of deceased, respectively. P.33 was recorded at the Control Room. Rest on cheek and zygomatic area. In defence, DW 1 Parmanand Sharma, servant in the shop was got examined in support of plea of alibi of the appellants. Silver companyour Activa bearing registration No. Convict Dhanvantari was further sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.5,000/ in respect of offence punishable under Section 201 IPC and in default of payment of fine she was directed to undergo three months rigorous imprisonment. Thereafter, house of the appellants i.e. M. Ahmad towards the spot. All the accused pleaded number guilty and claimed to be tried. The prosecution evidence was put to each one of the accused under Section 313 Cr. It was further directed that in default of payment of fine, the defaulter shall undergo further rigorous imprisonment for a period of one year. MP 09/JX 7556 was also seized. Prafulla C. Pant, J. The case appears to have been companymitted by the Magistrate to the Court of Sessions where the trial companyrt framed charge in respect of all the above offences against the first three accused. P.34 was recorded. Back of the neck. At the outset, it is relevant to mention that Special Leave Petition Crl. All articles sealed and handed over to P.S. The three companyvicts filed separate appeals before the High Court and the same were heard together and disposed of by the companymon judgment and order dated 23.8.2012, impugned in these appeals. Heart practically companypletely empty. adjusted length. P.C to which they replied that the same is false. It is reported on Ex.

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2016_219.txt

One of the raw material required for production of sugar is sugarcane which is purchased from sugarcane growers through sugarcane companyperative societies which are the respondents in these matters. Column Existing Rules Rules as hereby substituted The occupier of a factory 49.The occupier of a factory shall pay a companymission on cane Shall pay a companymission on cane purchased at the rate of five per cent purchased at the rate of 2.69 of of the minimum statutory cane price the minimum statutory cane price fixed by the Govt. It appears, the State Government on the representation of the appellants reduced the rate of society companymission from 5 of the minimum statutory price of sugarcane to 2.69 of the minimum statutory price of sugarcane which worked out to .70 paise per quintal. The purchase of sugarcane by the sugar factories is regulated under the provisions of U.P. Section 18 of the Act requires the sugar factories to pay a companymission known as society companymission to the companyperative cane societies a share of which is also transferred to the Cane Development Council. Sugarcane Regulation of Supply and Purchase Rules, 1954 hereinafter referred to as the Rules . One of the grounds of challenge of the said circular was that once the old rule 49 having been deleted and substituted by new rule 49 providing for 2.69 of the minimum statutory price of sugarcane even though it has ceased to be operative after 30.9.92, the old fuel does number revive and the respondents have numberauthority in law to charge society companymission 5 of the minimum statutory price of sugarcane. In the year 1985, the government of Uttar Pradesh by amending rule 49 of the Rules raised the society companymission to .50 paise per quintal vide numberification dated 11.7.85 Subsequently, the government of Uttar Pradesh by a subsequent numberification dated 1.6.91 again amended rule 49 and revised the rate of society companymission from the existing rate of .50 paise per quintal to 5 of the minimum statutory cane price fixed by the Central Government. 1 These rules may be called the Uttar Pradesh Sugarcane Regulation of supply and Purchase Amendment Rules, 1992. of India, out of which seventy five per cent shall be which seventy five per cent shall be payable to the cane growers payable to the cane growers companycooperative society and twenty five operative society and twenty five per percent to the Council. In the said writ petition, the appellants challenged the order dated 5.1.93 passed by the Cane Commissioner whereby and whereunder the Cane Commissioner issued direction to realise society companymission 5 of the minimum statutory price of sugarcane, fixed by the Central Government. This was done by the amendment of rule 49 of the Rules by numberification dated 24.4.92. In the Uttar Pradesh Sugarcane Regulation of Supply and Purchases Rules, 1954, for the rules set out in companyumn 1 below, the rules as set out in companyumn 2 shall be substituted Column 1. The share of companymission which companyes to the companyperative societies is to companyer their administrative companyts, which include mainly the maintenance of staff deputed for undertaking various companyperative activities companynected with the sale of sugarcane to the sugar factories. The rate at which the said companymission is payable is left to be determined and prescribed by the State Government by the statutory Rules. Since the respondents insisted to charge society companymission 5 of the minimum statutory price of sugarcane fixed by the Central Government, it is alleged that the appellants were companypelled to file a writ petition before the High Court of Judicature at Allahabad. Sugarcane Regulation of Supply and Purchase Act, 1953 hereinafter referred to as the Act . These appellants own sugar factories hereinafter referred to as sugar factories which are located in various parts of the State of Uttar Pradesh. Simultaneously, the appellants also filed writ petition challenging the enhancement of society companymission. cent to the Council. After the existing rate of companymission was enhanced, the appellant jointly submitted representation before the State Government, inter alia, companytending that enhancement is excessive and arbitrary. They shall remain in force with effect from 1.10.91 to 30.9.92. The numberification dated 24.4.92 runs as under 1. In exercise of power companyferred under Section 28 of the Act, the State Government has framed rules known as the U.P. of India, out of fixed by the Govt. 4 to 22 before us are the companypanies incorporated under the Indian Companies Act and are engaged in the business of production and sale of sugar. However, in January 1992, the writ petition was withdrawn. 2002 1 SCR 897 The Judgment of the Court was delivered by N. KHARE, J. Appellant number.

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2002_125.txt

Revenue being number satisfied therewith preferred an appeal thereagainst before the Commissioner of Central Excise under Section 35E 4 of the Central Excise and Salt Act, 1944. Interpretation of a Circular dated 24.09.1992, which was published on 15.10.1992 in the Trade Circular by the Central Board of Excise and Customs, is in question in this appeal which arises out of a judgment and order dated 9.8.2005 passed by the Central Excise and Service Tax Appellate Tribunal in Appeal No. The cause having been shown, the Assistant Commissioner of Central Excise by an order dated 21.10.1997 dropped the proceedings. E/3137/99 Mumbai and E CO/389/99 Mumbai , whereby and whereunder an appeal preferred by the respondent herein from a judgment and order dated 30th June, 1999 passed by the Commissioner of Central Excise Appeals , Mumbai, was allowed. Indisputably, again the Central Board of Excise and Customs upon numbericing that the appeal against the aforesaid decision of the Division Bench of the High Court is pending before this Court for final decision, issued a circular on 24.9.1992, the relevant portion whereof is as under Now, therefore, in exercise of the powers companyferred under Section 37 B of the Central Excises and Salt Act, 1944 1 of 1944 henceforth referred to as the Act and for the purpose of ensuring uniformity in the classification of the said goods, the Central Board of Excise and Customs hereby orders that HDPE strips and tapes of a width number exceeding 5 mm shall be henceforth classified under sub heading 3920.32 and sacks made therefrom under sub heading 3923.90 of the Tariff. The appellant herein manufacture HDPE bags. Emphasis supplied Relying on or on the basis of the said circular letter, a show cause numberice was issued upon the appellants herein by the respondents to pay the differential duty under Chapter 39 for the period 1.4.1992 to 15.10.1992. Feeling aggrieved, Revenue preferred an appeal before the Tribunal which, as numbericed hereinbefore, has been allowed by reason of the impugned judgment. CIVIL APPEAL NO.1950 OF 2006 B. Sinha, J. By a judgment and order dated 30th June, 1999 the said appeal was dismissed. Delay companydoned. The basic fact of the matter is number in dispute.

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2007_923.txt

One of the issues in the application was whether the inam companyprised melvaram or both melvaram and Kudivaram. The defendants, who are the archakas and alienees from them, inter alia, pleaded that only melvaram in the said properties was granted to the deity and that the archakas owned the kudivaram therein and that they had validly alienated their interest in the said properties in favour of the alienees. 185 of 1945 was whether the inam grants made to the three temples companysisted of both varams or melvaram alone. The defendants filed a written statement admitting the claim of the deity to the melvaram interest in the properties but claimed that the archakas owned the kudivaram therein and that some of the said properties were validly transferred to the alienees. Further, pattas for the suit lands were transferred without any objection of the archakas in the name of the deities in 1939 and the archakas also paid companytribution to the Madras Hindu Religious Endowments Board on tile basis that both the varams belonged to the deity. They filed the suit for the recovery of the plaint scheduled properties from the defendants who are the archakas and the alienees from them on the ground that the said properties were the properties of the deity and that the defendants had numberright therein. In other proceedings the archakas claimed that the lands were service inams, but they did number companye forward with the present plea that melvaram only was granted to the deity. In the prior proceedings i.e., applications preferred by the archakas for declaring the temples as excepted ones, there was numberclaim that the melvaram alone was granted to the deity. The companyduct of the archakas, therefore, is companysistent with the recitals in the inam register, namely, that what was granted to the deity was the land i.e., both the varams, and that they had been put in possession and enjoyment of the said land in their capacity as archakas and de facto trustees. Indeed the documents on which the learned companynsel relied companytain clear and unambiguous admission on the part of the archakas that the land itself was the property of the deity. On the said issue he held in all the three suits that the grants to the three deities companyprised both the varams. D 1 of 1867, D 2 of 1868, D 3 of 1870 and D 4 of 1883 are some of the mortgages executed by the archakas ,of Chowleswaraswami temple. The High Court agreed with the trial companyrt on the finding relating to the nature of the grants to the temples, that is to say it held that the grants to the temples companyprised both the varams, namely, melvaram and kudivaram. 183 of 1945 relates to properties claimed on behalf of Sri Chowleswaraswami temple. The plaintiffs sought to recover the properties mentioned in the schedule annexed to the plaint from the archakas and the alienees from them on the same grounds and the defendants raised similar pleas. 385 of 1947 both the archakas and the trustees preferred appeals to this Court questioning the companyrectness of the decree of the High Court in so far as it went against them. The Revenue Division Officer held that the inam companyprised both the varams. Periaswami Goundar and Samana Goundar, the plaintiffs in the said suit, are the trustees of the said temple. Westlake, Collector of Coimbatore, on April 14, 1941, wherein he held that only melvaram was granted to the deity. P 12, P 13, P 14 and P 15 are companyies of mortgages executed by the archakas. 185 of 1945 was filed in the same Court by the trustees of Sri Varadaraja Perumal temple situated in Vengambur village . The learned Judges, for the first time, though there was numberpleading, numberissue and numbercontention in the trial Court, held that the archakas were entitled to have a portion of the said properties allotted to them towards their remuneration for the services to the temples and gave a decree directing the division of the said properties into two halves and putting the archakas in possession of one half. 184 of 1945 and O.S. 652 of 1960 . 651 and 652 of 1960 . 184 of 1945 was filed in the said Court by the trustees of Sri Pongali Amman temple situated in the village of Vengambur for the recovery of the properties mentioned in the schedule attached to the plaint. 183 of 1945, O.S. 259, 260 and 385 of 1947. 646 652 of 1960. 651 of 1960 . The trustees appointed by the Coimbatore District Temple Committee filed an application before the Revenue Division Officer under s. 44 B11 a of the Madras Hindu Religious Endowments Amendment Act, 1934, for a declaration that the alienations of portions of inam land attached to the temple were null and void and for resumption and regrant of the same to the deity. 648, 649 and 650 of 1960 and for the respondents in C.A. 259 of 1947 and A.S. No. 648 of 1960 and appellants in C.A. 183, 184 and 185 of 1945 filed in the Court of the Subordinate Judge, Coimbator, Madras State. 650 of 1960 and the appellants in C.A. No. 649 of 1960 respondents Nos. Against the decree in A.S. No. In the result the learned Subordinate Judge gave a decree in each of the suits for possession of the plaint schedule properties except those companyered by the alienations effected before May 16, 1931. They also disclosed hat the paditharam paddy directed to be paid to the temple was more than the kist payable thereon to the Government. Nos. Appeals from the judgment and decree dated November 28, 1962 of the Madras High Court in 385, 259, 260, 385 of 1947 respectively. The defendants in the said suits preferred appeals to the High Court of Madras, being Appeals Nos. Under these documents the land in their possession was mortgaged and it was described as paditharam Manyam. The learned Subordinate Judge tried the said suits along with two other suits and delivered a companymon judgment therein. They did number disturb the finding of the learned Subordinate Judge in regard to the alienations, that is they maintained the alienations made before May 16, 1931. They also claimed mesne profits for a period of 3 years prior to the suit. Against the decree of the High Court in A.S. No. He also decreed mesne profits to the plaintiffs for a period of 3 years prior to the suits and also subsequent profits from the date of the suits to the date of delivery of possession at the rate fixed by him. 1, 3, 4, 5, 8 to 11, 15, 16, 18, 19 and 21 in C.A. V. Viswanatha Sastri and R. Gopalakrishnan, for the appellant in C.A. These five appeals by certificate arise out of Original Suits Nos. The said appeals were heard by a Division Bench of the said High Court, companysisting of Satyanarayana Rao and Rajagopalan, JJ. V. R. Tatachari, for respondents Nos. The main issue in O.S. T. Desai, K. Jayaram and R. Ganapathy Iyer, for respondents No. It is number necessary to mention other defences raised in the written statements filed in the three suits as numberhing turns upon them in these appeals. The Judgment of the Court was delivered by SUBBA RAO, J. S. No. Learned companynsel for the appellants relied upon an order made by A.R.C. 1, 2 and 8 in A. July 31, 1964. CIVIL APPELLATE JURISDICTION Civil Appeal No. That order came to be made under the following circumstances. 5 and 6 in A.

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1964_45.txt

12888/90. 84/1 B1 and 85/1 B of Madivilagam village, Sriperumpudur Taluk, Chengai Anna District in Tamil Nadu State, for public purpose. On that finding by order dated April 6, 1993, the appeal was allowed and the numberification under s.4 l and declaration under s.6 were quashed. After companyducting enquiry under s.5 A, declaration under s.6 was published in the gazette on April 29, 1989 and the local publication was made on May 2, 1989. 1079/92 was filed. Pending writ petition, the respondent had obtained stay of dispossession by order dated October 19, 1990 and the same was companytinuing pending appeal, when the writ appeal had companye up for final hearing, one of the companytentions raised, which persuaded the Division Bench for acceptance, was that under s.11 A, the award should be made within a period of two years from the date of the publication of the declaration, and since the award was number made within that period, numberifications under s.4 l and 6 stood lapsed. Calling in question the validity of the numberification and the declaration, the respondent, filed Writ Petition No. Writ Appeal No. On June 18, 1992, the single Judge of the High Court dismissed the writ petition. 1995 3 SCR 258 The following Order of the Court was delivered Leave granted. Thus this appeal by special leave.

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1995_1054.txt

entry 47 as amended was therefore held number to include furnace oil. with effect from april 1 1964 entry 47 was amended by madras act 7 of 1964 and instead of the words lubricating oils and greases in that entry the following words were substituted lubricating oils all kinds of mineral oils number otherwise provided for in this act quenching oils and greases till september 30 1965 it is stated the assessments were made on the assumption that the amendment of entry 47 had made numberdifference to sales of furnace oil and they were liable to multipoint tax at 2 per cent. the high companyrt held that having regard to the objects and reasons appended to madras act 7 of 1964 and the association of words which preceded and followed the words all kinds of mineral oils the words iii kinds of mineral oils had only a limited meaning namely mineral oils which were lubricants. the view expressed by the board of revenue that entry 47 as amended included furnace oil was challenged in a writ petition before the madras high companyrt. the dealers thereafter from september 14 1965 started charging tax on furnace oils at the rate of 6 per cent on the first sale of those oils and the assessment orders were made accordingly. the board of revenue on being moved by a dealer passed a resolution on august 28 1965 wherein it expressed the view that entry 47 as amended included furnace oil and transformer off. the bihar legislature passed the bihar finance act 1950 on march 30 1950. the act levied a tax on passengers and goods carried by public service motor vehicles in bihar. the appellants challenged the validity of the act and its provisions were struck down by this companyrt. later on the provisions of the said ordinance were incorporated in the bihar taxation on passengers and goods carried by public service motor vehicles act 1961. as a result of the retrospective operation of the act of 1961 its material provisions were deemed to have companye into force from april 1 1950. the validity of the act of 1961 was challenged on the ground that the retrospective operation of the provisions of the act changed its character and took it outside the legislative companypetence of the legislature. in the case of rai ramkrishna others supra this companyrt dealt with the validity of bihar taxation on passengers and goods carried by public service motor vehicles act 1961 in the following circumstances. in the case of epari chinna krishna moorthy v. stale of orissa 1 this companyrt dealt with the validity of the orissa sales tax validation act 1961. the petitioner in that case was a merchant carrying on business in bullion and specie and gold and silver ornaments. the respondent then issued the bihar ordinance on august 1 1961. by that ordinance the provisions of the act of 1950 which had been struck down by this companyrt were validated and brought into force retrospectively from the date when the earlier act purport ed to companye into force. the high companyrt gave its decision on august 2 1967. the title of the case is burmah shell oil storage and distributing companypany of india limited madras 1 and others v. the state of madras and it is reported in 1968 21 s.t.c. the sales tax officer to allow the petitioners claim for exemption. after the judgment of the high companyrt the impugned act was passed by the legislature on august 1 1961 and was published on september 18 1961. he was a registered dealer under the orissa sales tax act 1947. the petitioner claimed exemption from payment of sales tax in respect of certain gold ornaments on the basis of a numberification issued on july 1 1949 under section 6 of that act. the sales tax authorities disallowed the petitioners claim who thereupon filed writ petitions in the high companyrt. the dealers paid and companylected tax on that basis and the department accepted it. 471 474 of 1969. appeals by certificate from the judgment and order dated september 27 1968 of the madras high companyrt in writ petitions number. both these companytentions were repelled and it was held that the test of the length of time covered by the retrospective operation companyld number by itself be treated as a decisive test. the high companyrt upheld the petitioners claim and issued writs directing. it was further argued that the retrospective operation was so unreasonable that it companyld number be saved under clauses 5 and 6 of article 19 of the companystitution. the judgment of the companyrt was delivered by khanna j. this judgment would dispose of four civil appeals number 471 to 474 of 1969 which have been filed on certificate granted by the madras high companyrt and are directed against the companymon judgment of that companyrt whereby petitions under article 226 of the companystitution of india filed by the appellants were dismissed. the amending act received the assent of the governumber on december 29 1967 and was published in the fort st. george gazette extraordinary on january 5 1968. appeal against the said judgment we have been told is pending in this companyrt. 1 1970 1 s.c.r. 283 to 286 of 1968. c. setalvad ravinder narain a. k. verma j. b. dada kanji and o. c. mathur for the appellants. t. desai a. v. rangam and a. subhashini for the respondents. civil appellate jurisdiction civil appeals number.

test

1972_364.txt

Balraj Kunwar and Hanuman Singh. Anangpal Singh also ineffectively fired his gun towards Gopal Singh. In order to intercept Gopal Singh, Anangpal Singh came out. Hanurnan Singh came near the bodies of Raghupal Singh and Smt. Balraj Kunwar By 2nd By 1st deceased Wife wife Dooraji Prabhawati injured Anangpal Singh Raghupal Singh deceased Smt. Kha 70 and Kha, 73 with regard to Raghupal Singh, Ttinnu Singh, Balraj Kunwar and Hanuman Singh. Balraj Kunwar asking Gopal Singh number to fire any more. But, another shot fired by Gopal Singh dropped Hanuman Singh dead Tunnu Singh, younger brother of Anangpal Singh also came out to implore the appellant number to fire. At this moment Anangpal Singh brought out his licensed gun but in the meantime. On the following day at about 10 a.m. Hanuman Singh and his sons Raghupal Singh, and Anangpal Singh, the three victim, stated demolishing that ridge Hend . Gopal Singh fired another shot killing her at the spot. Balraj Kunwar came out of the kitchen and shouted to Gopal Singh number to fire. The father returned home at about mid day Anangpal Singh and Raghupal Singh also, on receiving some information that the appellant had procured the gun from his maternal uncle Dhanpal Singh, quickly went home. The following pedigree table will be helpful in understanding the facts relating to this case Kunwar Bahadur By first wife By 2nd wife Raj Bali Singh Hanuman Singh Beni Madho Singh deceased deceased Gopal Singh appellant Smt. The same was his statement with regard to the deaths of Tunnu Singh. The appellant fired at him causing gun shot wounds and then decamped Anangpal Singh scribed the report about the occurrence in his own hand and handed it over to Lallu Singh, a relation, who had companye as a guest. At about 1 p.m. Raghupal Singh after taking his bath, was approaching his Dhoti in the sun, while his father Hanuman Singh was taking his meals in a Kothari to the west of his companyrtyard. Ragupal Singh roughly told the appellant to be off. Gopal Singh absconded and proceedings under Sections 87 and 88 of the Cr. Deoraji also came out of their rooms to implore the appellant number to fire any more, but Gopal Singh fired again causing gun shot injuries to these women also. Sheo Devi injured Tunnu Singh deceased Dhanpal Singh, companyaccused, the maternal uncle of Gopal Singh who was charged under Section 120B read with Section 302, Penal Code, has been acquitted by the High Court. Dhanpal Singh was also arrested on 10.5.1972 and the gun was thereafter recovered from the workshop of a gun repairer and taken into custody. The appellant claimed half share in the land left behind by Beni Madho Singh, but the members of the other branch maintained that Gopal Singh had only one third share. One day before the occurrence, Gopal Singh companystructed a ridge hend in one of the fields admeasuring bighas belonging to Smt. Balraj Kunwar, who was one of the victims in the instant case. The prosecution story further is that when all these deceased persons were inside their house, the appellant who Jived in a separate apartment of the same building through the Jhankia of an Attari watch tower on the party wall of the houses, fired a shot which hit Raghupal Singh and dropped him dead Smt. 12 shots were fired by the appellant through the Jhankia of the watch tower into the house of the deceased persons. There was a dispute between the descendants of the other branch relating to ancestral property, including some land left by Beni Madho Singh, husband of Smt. The gun was a licensed weapon. He found 12 empty cartridges in the Jhankia, from where the appellant had fired. Sheo Devi and Smt. He was also shot dead. This is an appeal under Article 136 of the Constitution by Gopal Singh against a judgment of the High Court of Allahabad, by which the appellant was companyvicted under Section 302 Penal Code, for the murders of four persons, and sentenced to death. Lallu Singh handed over that report in Police Station, Bara, 9 miles away, where on its basis a case was registered at 5.30 p.m The Investigating Officer reached the scene of murders at 10.45 p.m. and he prepared the inquest reports and examined witnesses. The main companytention of the learned Counsel for the appellant is that the occurrence took place in the night of about 9 or 10 p.m. on 10.5.1972 that some unidentified miscreants had fired causing these deaths and that the appellant has been falsely implicated on account of suspicion. It was further pointed out that the First Information Report was number recorded at about 5.30 p.m. on 10.5.1972, but on the following morning with the assistance, of the Investigating officer. Hanumansingh and his brother, however, companypleted the demolition by about numbern. BalrajKunwar By companystructing that ridge, he divided the field into two equal portions. The appellant had a strong and seething motive to companymit these murders. Sahai, wherein he had stated that there companyld be possibility of the death in case of the deceased having taken place at about 8 or 9 P.M., if he taken the semi digested food found in his stomach, between 12 and 1 Oclock. The appellant reached there and protested and asked them to stop the demolition. This inconced the appellant who proclaimed that the companysequences of the demolition would number be good for them. There companyld be numberdoubt that the murders were companymitted in a broad day light at about numbern. The appellant further stated that he would settle the matter that very day because he had a half share in the land. Litigation with regard to this property was pending in the Consolidation Courts at the time of occurrence. We have heard the arguments of the learned Counsel for the appellant and have, with his assistance, examined all the evidence on the record, carefully. In this companynection, the Medical Officer had further stated that there companyld be a margin of 8 or 12 hours, either way, with regard to the time of the deaths indicated by him in the post mortem reports Ex. In support of this companytention, reference was made to the cross examination of Dr. V.B. The assailant was number a stranger. S. Sarkaria, J. were taken against him. P.C. In all.

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1978_140.txt

The appellate Court maintained the companyviction, but granted him the benefit of probation under The Probation of Offenders Act, 1958 hereinafter called as, Act 1958 and released the appellant on probation. The appellate Court maintained the companyviction, however, it granted the appellant the benefit of probation under the Act, 1958. 5000/ for that purpose on 26.04.1982 and he deposited the said amount with the Bank on 27.07.1982 vide voucher Exhibit PH . However, the respondent Bank dismissed the appellant from service vide order dated 09.03.1988. 14014 of 2007, before the High Court. Appellant had also taken away the Bicycle of the Bank. Pradeep Gupta, learned companynsel appearing for the appellant, has submitted that once the appellant had been granted the benefit of the Act, 1958, the respondent Bank ought to have companysidered his case for reinstatement, as the benefit granted by the appellate Court under the provisions of Act, 1958, had taken away disqualification by virtue of Section 12 of the Act, 1958. Facts and circumstances giving rise to the present case are that the appellant was appointed as a Peon in the respondent Bank, Kaithal Branch, on 01.12.1971 and stood companyfirmed on the said post vide order dated 28.12.1977. However, it was number deposited by the appellant, therefore, the bank lodged FIR No. 171 under Section 409 of Indian Penal Code, 1860 hereinafter called lPC against the appellant, on 27.04.1982, in Police Station, City Kaithal. His petition also stood dismissed vide impugned Judgment and order dated 10.09.2007. This appeal has been preferred against the Judgment and Order dated 10.09.2007 passed by High Court of Punjab Haryana in Civil Writ Petition 14014 of 2007, by which the High Court had dismissed the writ petition for quashing the award dated 3rd January, 2007, passed by the Central Government Industrial Tribunal cum Labour Court II at Chandigarh hereinafter called as, Tribunal , by which the Tribunal had upheld the dismissal of the appellant from service on the ground of companyviction of the appellant in criminal case involving moral turpitude. The respondent Bank issued a Show Cause Notice dated 01.03.1988 to the appellant, proposing dismissal from service and asked the appellant to show cause within a period of seven days. Being aggrieved, the appellant raised an industrial dispute under the Industrial Disputes Act, 1947 and the matter was referred to the Tribunal. The Tribunal made the award dated 03.01.2007, rejecting the claim of the appellant and holding his dismissal from service to be justified and in accordance with law. The appellant submitted the reply dated 08.03.1988. Being aggrieved, the appellant challenged the said award of the Tribunal by filing the writ petition No. After companyclusion of trial, the appellant was companyvicted by the companypetent Criminal Court vide Judgment and Order dated 28.01.1988. In the meanwhile, the appeal filed by the appellant against the order of companyviction was decided by the appellate Court vide judgment and order dated 29.5.1989. The appellant was handed over cash of Rs.5000/ , to deposit the same as dues for the Telephone Bill in the Post Office. State of Andhra Pradesh, 1981 Suppl. Appellant was tried for the said offence. Appeal lacks merit and is liable to be dismissed. Dr. B. S. CHAUHAN, J. We have companysidered the rival submissions made by the learned companynsel for the parties and perused the record. Hence, this appeal. The facts of the case are number in dispute. Leave granted.

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2010_536.txt

Both the witnesses significantly improved their story and implicated respondent 2 falsely by alleging that he also gave a dharia blow to the deceased. These two appeals are by special leave against the judgment of the Gujarat High Court, acquitting the respondents of the charge that at about 11.30 a.m. on September, 24, 1972, they, in pursuance of their companymon intention, companymitted the murder of one Bai Pashi in the village of Champur, District Surendranagar. 1 was companyvicted by the learned Sessions Judge, Surendranagar, under Section 302 Indian Penal Code and was sentenced to death. V. Chandrachud, J. Respondent No.

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1977_69.txt

The order further stated that out of 45 candidates selected in the General category the last candidate selected for appointment had scored 27 marks. The order stated that out of eight candidates in BC B category the last candidate selected for appointment had scored 27 marks as against 26 marks awarded to the appellant. The appellants case is that the order passed by the Superintendent of Police did number disclose the marks obtained by BC B category candidates selected against the eight posts reserved in that category. One, Naresh Kumar who had also applied for selection in ESM BC B category and whose name did number figure in the select list filed Civil Writ Petition No.13130 of 2001 in the High Court of Punjab Haryana challenging the appointment of the appellant mainly on the ground that the said petitioner had a preferential right to an appointment in the ESM BC B category on account of his being an ex serviceman in companyparison to the appellant who being a dependent of an ex serviceman would stand a chance only if numberex serviceman was available for appointment. Since the appellant fell below the last candidate appointed in the General category he was disentitled to the appointment prayed for by him. The factual matrix giving rise to the companytroversy need be summarized at this stage A selection process to fill up 100 available posts of Constables in Haryana Police in the District of Sirsa, State of Haryana was undertaken in which the appellant was also a candidate for appointment against one of the vacancies in the reserved category of ESM BC B for ex servicemen and their dependents. The High Court, all the same, allowed the writ petition filed by Naresh Kumar and by its order dated 10th July 2002 quashed the appointment of the appellant with a direction that the claim of ex servicemen candidates would have priority over those who are dependents of such ex servicemen. Order dated 10th July 2002 passed by the High Court in CWP No.13130 of 2001 was to that extent modified. It was in companypliance with the above direction that the Superintendent of Police, Sirsa passed an order on 26th May 2006 declining an appointment to the appellant as a Constable. It was in that backdrop that the appellant filed CWP No.1061/2007 before the High Court praying number only for the issue of a writ of certiorari quashing the order dated 26th May 2006 passed by the Superintendent of Police but also a mandamus directing the respondents to supply a companyplete list of selected candidates in respect of all the categories. The said petition was eventually dismissed as withdrawn with liberty to the appellant to file a review petition against the order of the High Court in CWP No.13130 of 2001. The appellant was put through physical efficiency and other tests and eventually placed at Sr. An appointment order was also issued in his favour pursuant whereto he joined the Police Department on 17th August 2001 and was allotted Constabulary No.2/873 in the 2nd Battalion of the Haryana Armed Force. A review petition was accordingly filed by the appellant which was disposed of by the High Court by an order dated 10th March 2006 directing the respondents to re companysider the case of the appellant in the general category. An application seeking the requisite information and companyies of the select list was accordingly filed under the Right to Information Act, but was declined by the State Information Commission on the ground that the Haryana Armed Police was exempt from the purview of the RTI Act. Consequent upon the said direction, the services of the appellant were terminated in terms of an order dated 31st December 2002, the companyrectness whereof was questioned by the appellant in CWP No.16287 of 2003. The appellant had in the meantime companypleted the Basic Training Course of nine months duration, passed out in May 2002 and started discharging the duties attached to the post to which he was appointed. The appellant assails the companyrectness of the said order, as already numbericed above. If that were done, the appellant companyld be appointed against one of the said vacancies.

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2010_1026.txt

who were armed with pistols fired a shot each at sikander khan. on his raising an alarm his neighbours laddan khan babban khan munnan khan and ibne hasan and others came there and found sikander khan dead. on october 16 1967 the day on which sikander khan was murdered. sikander khan on receiving the gun shots died on the spot. in companynection with the said murder the deceased sikander khan ilyas khan and two or three others were tried. about two years or so prior to the murder of sikander khan aqil khan a brother respondents of one and three was murdered. the shots struck sikander khan in his chest and neck and he fell down dead. the first and the second respondents fired shots in quick succession at sikander khan. suddenly the four accused came together to the place where sikander khan was sitting. his brothers p.ws one and two along with one laddan khan were also sitting near sikander khan listening to the reading of the epic. respondents 1 and 2 fired shots in quick succession at sikander khan who fell down dead. in this appeal by the state we are at present companycerned only with iftikhar khan son of mohammad hasan anwar khan son of mohammad hussan khan and syeed khan son of refiq hussain khan who are respondents one three and four respec tively. surprisingly p.ws 1 and 2 have number been cross examined when they spoke of enmity between sikander khan and the accused. 1 brother of the deceased is to the following effect he first narrated the reasons for the enmity between the accused and sikander khan. at about 8.30 p.m. on october 16 1967 his brother the deceased sikander khan was sitting opposite to his shop and reading jang nama. the prosecution case was as follows all the respondents and the deceased sikander khan are residents of village garni chand. on october 16 1967 at about 8.30 p.m. sikander khan was sitting on a company in front of his shop and was reading jang nama. iftikhar khan and anwar khan respondents one and three herein are real brothers and the other two respondents are their associates. a month prior to october 16 1967. respondents one and three strongly suspected that sikander khan was responsible for the murder of their brother aqil khan though there has been an acquittal by the companyrt in his favour. in the first information report after referring to the murder of aqil khan and other matters p.w. respondents one and two armed with companyntry made pistols and respondents three and four armed with lathis came in a body to the place where sikander khan was seated. the four respondents herein were tried by the civil and sessions judge for the offence of companymitting the murder of sikander khan on october 16 1967. after the filing of this appeal the second respondent ishitiaq khan is reported to have been murdered and hence the appeal as against him has become infructuous. a case of attempted murder of ilyas khan was pending against respondents one and two herein. i. d.w. respondents 1 and 2 armed with pistols and respondents 3 and 4 armed with lathis suddenly came in a body through a lane to the place where sikander khan was sitting and reciting jang nama. the respondents three and four were also found guilty of murder under section 302 read with section 34 on the finding that they had associated themselves with the other two accused with the companymon intention of companymitting the murder of sikander khan. respondents one and two were tried for the offence of company mitting the murder of sikander khan under section 302. the other two respondents were tried under section 302 read with section 34. the respondents three and four pleaded that they had been implicated in the case due to enemity. so far as munnan khan is companycerned he is the uncle of p.ws 1 and 2 and the deceased and the evidence of p.ws 1 and 2 is that he came running to the scene when an alarm was raised. the evidence of p.w. the respondents surrendered in companyrt on numberember 4 1967. the doctor who performed the postmortem on the body of sikander khan had given the opinion that the gun shot injuries on the chest and the neck were individually sufficient to cause death in the ordinary course of nature. 1 and his brother p.w. by so manumberuvring the first respondent was able to be in the village on october 16 1967 and after companymitting the murder he went back to the hospital. the first respondent also examined the doctor of the bareilly hospital and two nurses working there in support of his plea of alibi. 2 were also with the deceased listening to the reading of the epic. regarding the plea of alibi set up by the first respondent the learned sessions judge after consideration of the evidence of p.ws 1 to 3 as also the evidence of c.w. when respondents three and four came with the other accused they had lathis with them. the main plea of the first respondent was that on the date of the occurrence he was in the bareilly hospital and therefore the evidence of the prosecution witnesses regarding his participation in the murder is false. the first respondent apart from adopting the said plea further set up an alibi according to him he was an in patient in the district hospital bareilly from 14 10 1967 to 31 10 1967 and that he was operated upon for hydrocele at the said hospital on 18 10 1967. in view of the fact that he was in the hospital on 16 10 1967 the evidence given implicating him in the murder is false. he referred to the presence of his brother p.w. the prosecution mainly relied on the evidence of p.ws 1 and 2 the. respondents 1 and 2 again reloaded their pistols but on pws 1 and 2 who were with the deceased raising an alarm they ran away firing shots. the companyrt examined a student nurse working in the same hospital l796sup .c.i./73 as c.w. on the said date the first respondent filed a statement before the magistrate to the effect that on the date when the murder is alleged to have taken place namely october 16 1967 he was already in the district hospital bareilly from october 14 1967 to october 31 1967 and that he was also operated upon for hydrocele in the meanwhile. brothers of the deceased to prove its case against the accused. in support of his plea of alibi the first respondent had examined the medical officer d.w. 1 and two nurses d. ws 2 and 3 working in the said hospital. on hearing the alarm of p.ws one and two the neighbours came and saw all the accused running away. numberwithstanding the fact that p.ws 1 and 2 were brothers of the deceased and as such can be described as partisan witnesses the learned sessions judge accepted their evidence as true. the respondents one and two. the first information report was given by p.w. 1 at about 11.35 p.m. and it was recorded by the head companystable p.w. he gave the first information report at about 11.35 p.m. which was recorded by p.w. 2 as also the villagers referred to in his evidence as having companye to the scene immediately after the shots were fired. the trial of the accused was over in january 1969 and the first respondent was sentenced to death by the civil and sessions judge on january 14 1969. the investigation was taken up by p.w. in this view the respondents one and two were companyvicted under section 302 and sentenced to death. there was also the reference for companyfirmation of the sentence of death of respondents one and two. when respondents 3 and 4 were examined by the companyrt under section 342 their only answer was that they had been implicated due to enmity of the witnesses. there is no suggestion to pws 1 and 2 by either respondent 3 or 4 regarding any reason or justification for their presence near the deceased at the material time. as the name of anumberher person was also mentioned by d.ws 2 and 3 as having been working in the hospital in the particular ward on the relevant date the learned sessions judge has examined the said person as c.w. d. mookerjee learned companynsel for the respondents one and three pointed out what according to him were serious discrepancies in the evidence adduced by the. all the four respondents appealed to the high companyrt challenging their companyviction and sentence. is directed against the judgment and order dated 8 5 1969 in criminal appeal number 199 of 1969 referred number 21 of 1969 allowing the appeal of the four accused respondents herein and setting aside the companyviction recorded against them by the learned civil and sessions judge hardoi under sections 302 and 302 read with 34 p.c. 2 is also substantially to the same effect. his evidence is number essential to the unfolding of the prosecution case and as much he was number a material witness. vimal dave for respondents number. 1 held that the said plea cannumber be accepted. 1 has substantially stated about the occurrence as mentioned by him in the witness box. therefore this criticism regarding the number examination of the said four persons has to be rejected. his evidence would number have carried the matters further because he had companye only after the actual shooting had taken place. bearing in mind the above principles we will number refer to the material evidence on record. appeal number 252 of 1969. appeal by special leave from the judgment and order dated 8th may 1969 of the allahabad high companyrt in criminal appeal number 199 of 1969. p. rana for the appellant. b. agarwala for respondent number 4. the judgment of the companyrt was delivered by vaidialingam j. this appeal by special leave by the state of u.p. however they were acquitted about ten months prior to this incident. however they were sentenced to undergo imprisonment for life. both of them had been released on bail about. criminal appellate jurisdiction cr.

test

1973_9.txt

The entire amount came to be deposited by him on 11.12.1989. The respondent having companye to learn of initiation of the said enquiry, deposited a sum of Rs.4200/ in the Post Office on 30.11.1989. The expert opined that the questioned writing and the signatures on the deposited documents tallied with the admitted signatures and writings of the respondent. He had deposited a sum of Rs.8,000/ with the respondent accused for purchase of National Savings Certificates. The respondent was a Post Master at Chhapang, within the Police Station Pachhad in the District of Sirmaur. He, therefore, made enquiries with the postal authorities both at Rajgarh and at Nahan, whereupon he came to learn that numbersuch National Saving Certificates had been issued. A further deposit of Rs.4,000/ was made by him on 11.12.1989. Although more than a month had passed but the said Rajbir Singh was number handed over any National Savings Certificate by the respondent. It is number in dispute that the excess amount of Rs.200/ was deposited by the respondent on 30.11.1989 by way of interest. Even on 30.11.1989, he did number deposit the entire amount. During the investigation, specimen and admitted writings of the respondent were taken and sent to the handwriting expert for companyparing with his writings and signatures on the receipt. Necessary forms were also filled up by said Rajbir Singh and a receipt acknowledging the receipt of the said amount was issued to him. The postal authorities entrusted the matter to one Shri Brijpal Thakur PW 4 for companyducting an enquiry. A First Information Report was lodged on 27.6.1990 at Police Station, Pachhad. The leaned Chief Judicial Magistrate, as numbericed hereinbefore, found the respondent guilty of companymission of an offence punishable under Section 409 IPC and sentenced him to undergo simple imprisonment for a period of six months. The State of Himachal Pradesh is in appeal before us aggrieved by the judgment and order dated 24.9.1997 passed in Criminal Revision No.149/1994, whereby and whereunder the revision application, filed by the respondent herein, against the judgment and order dated 1.12.1994 passed by the Sessions Judge affirming a judgment of companyviction and sentence passed by the Chief Judicial Magistrate, Sirmaur District at Nahan, companyvicting the respondent for companymission of an offence punishable under Section 409 of the IPC and sentencing him to undergo simple imprisonment for a period of six months and to pay a fine of Rs.1,000/ , has been allowed. One Rajbir Singh PW 3 , uncle of the respondent accused, was at the relevant time working in the Government High School, Ramadhon. He thereafter made a companyplaint in that behalf, with the postal authorities. A fine of Rs.1,000/ was also imposed upon him. In the revision application filed by the respondent, the High Court held that as the prosecution had number been able to prove misappropriation on the part of the respondent, the judgment of companyviction and sentence was unsustainable. J U D G M E N T B. SINHA, J.

train

2006_915.txt

PW 1, of the same. The Accused No.2 vacated the cab shortly before the Accused No.1 brought the PW 11 to the workplace. Furthermore, the PW 12 and PW 13 also companyfirmed that the body at the morgue was that of the deceased. It companycluded that the testimonies of PW 12, PW 13, PW 14, PW 1 and PW 11 are true and reliable and that the same along with the evidence of PW 16, the post mortem report and the report of the Chemical Analyzer support the case of the prosecution. The evidence of PW 12, PW 13 and PW 14, in respect of the whereabouts of the deceased on the fateful night, and with regard to the identity of the accused appellants was found to be companysistent and trustworthy. 1 and 2 as the persons in the cab with the deceased. PW 13 was informed by the Company that the deceased had number reported to the workplace on the previous night. At the time, the deceased was numberlonger present in the cab. Further, PW 13 received information, from PW 14, about the events pertaining to the telephonic companyversation with the deceased between 1030 p.m. and 1100 p.m. on that fateful night. Consequently, the said PW 12 and PW 13 reached the Police Station and on the basis of a photograph of the body of the deceased and the clothes that were seized, they companyfirmed the identity of the deceased. The deceased called back the Accused No.1 to pick her up in 10 minutes to take her to the workplace, upon which PW 12 and his son went down from their flat to drop her to the cab. On 03.11.2007, PW 12 and PW 13 were informed that a dead body has been recovered within the jurisdiction of the Talegaon Dabhade Police Station. On the fateful day, being 01.11.2007, the cab was deputed to pick up the deceased from her residence at 1030 p.m., following which the cab would companylect three other employees of the Company. Further, that the medical evidence and the deposition by PW 16, i.e. PW 11, and the expected time of the said pick up was at about 1045 p.m. During the journey, between 1030 p.m. and 1100 p.m., the deceased received calls on her mobile phone by one Jeevan Baral, a friend of the deceased residing in Bangalore, namely PW 14, who heard the former questioning the Accused No.1 as to where he was taking the cab, why he had stopped in a jungle and what he was doing. The statement of PW 14, that he was the last person to talk to the deceased between 1030 p.m. and 1100 p.m., was supported by documentary evidence, i.e. Thereafter, the phone call between the deceased and PW 14 was abruptly disconnected and subsequent attempts by the latter to call the deceased were rendered futile as her mobile phone was found to be switched off. Further, on the basis of the report of the Chemical Analyzer, PW 16 gave the opinion that the deceased was a victim of the offence of rape prior to her death. PW 13, started to make enquiries as to her whereabouts. Further, PW 14 was unable to companytact either the Pune Police or the relatives of the deceased in Pune till the following day. delayed by nearly two hours, to pick up PW 11 from his residence. As per the usual practice, at about 1015 p.m., the deceased received a missed call from the driver of the cab, Purushottam Borate, namely Accused No.1, informing her of the pick up. The Prosecution case in a nutshell is The deceased was residing with her brother in law and sister, namely PW 12 and PW 13 respectively, along with their minor son, in a flat in Pune City. PW 1, the Police Patil who registered the companyplaint personally, maintained his version as stated in the FIR, dated 02.11.2007, that PW 8 was the person who found the body of the deceased and informed the companyplainant of the same. Further, the Test Identification Parade was companyducted, on 14.01.2008, wherein the PW 12 identified the Accused No. Thereafter, the cab in question, companytaining the Accused No.1 and 2, arrived at about 1245 a.m., i.e. PW 12, the brother in law of the deceased, deposed that he was the last person to see the latter alive and that too in the companypany of the accused appellants. The Accused No.1 informed the PW 11 that neither the deceased number the other employees had companye for work that day and the cause of the delay was on account of a punctured tyre. Inquest report and panchanama was also prepared in the presence of PW 2 and thereafter the body of the deceased was sent for post mortem examination. PW 8, numbericed the dead body of a female on the boundary of the field of Kisan Bodke and therefore informed one Hiraman Bodke, i.e. PW 1, after verifying the information, informed the Police Station, Talegaon Dabhade, where an FIR was promptly lodged. The Odhani and clothes of the deceased that was recovered, after chemical analysis, was found to companytain semen stains of both the accused appellants. The vehicle in which the deceased was taken by the accused appellants was also seized and the panchanama was prepared. The prosecution has alleged that, in the time period between the abrupt end to the aforementioned phone call with PW 14 and the pick up of PW 11 at about 1245 a.m., the Accused No.1 and 2 companymitted the heinous offence of gang rape and thereafter murdered her by means of strangulating her with her own Odhani, slashing her wrist with a blade and smashing her head with a stone. Further, that the accused appellants stripped the deceased of her possessions and money and then left her body in the field of one Kisan Bodke. Furthermore, based on the companyfessional statements of the accused appellants, the police were able to recover the vehicle, the items stolen from the body of the deceased as well as the Odhani of the deceased, which was found to be one of the tools used to companymit murder, i.e. It is the case of the prosecution that the Accused No.1 and 2, being aware of the fact that the deceased would be travelling to her workplace that night and that she would be the first to be companylected, under the guise of taking the deceased to the said workplace, hatched a companyspiracy to abduct her and take her to a secluded spot. The next employee to be companylected by the cab was one Sagar Bidkar, i.e. The clothes found on the body of the deceased, after the post mortem examination, were also duly seized. Therefore, an offence under Section 302 of the IPC was registered and the spot panchanama was prepared in the presence of PW 3. Consequently, the Accused No.1 and 2 were taken into custody, at about 0530 a.m., on 03.11.2007. On the following morning, being 02.11.2007, one Pankaj Laxman Bodke, i.e. In the meanwhile, on 02.11.2007 itself, due to the fact that the deceased had number returned home the next day, her sister, i.e. Thereafter, based on companyfessional statements of the accused appellants, the police were able to recover the stolen items belonging to the deceased, from their respective houses, namely sim card, mobile phone, ear ring, watch, gold ring. At the time of the pick up, Pradeep Kokade, namely Accused No.2, was sitting in the rear seat behind the driver. the doctor who companyducted the post mortem examination, clearly indicates the companymission of the offence of rape and the brutal murder of the deceased. The High Court has taken numbere of the statement of the PW 16 that the probable cause of death was shock and hemorrhage due to grievous injury to vital organs with skull fracture involving frontal, left temporal, parietal bone with laceration to brain, fracture to the ribs and right lung rupture with strangulation, and further that the strangulation was companymitted by overpowering the deceased suddenly from behind. The Company had arranged for and hired a private cab service to transport its employees from their residence to the workplace and back at the companyclusion of their respective work shifts. PW 16, who performed the post mortem examination, gave the opinion that the cause of death was due to shock and hemorrhage due to grievous injuries to vital organs with skull fracture involving frontal, left temporal, parietal bone with laceration to brain with fractured ribs, right lung ruptured with strangulation. The accused appellants, aggrieved by the aforesaid companyfirmation of death sentence awarded to them, are before us in this appeal. Further, to ensure the safety and security of its female employees the Company imposed a mandatory companydition, upon the owner of the cab, that a security guard be present in the said vehicle, if a female employee was being transported. Further that, on the basis of the vaginal swab taken during the post mortem examination and the report of the Chemical Analyzer, it has been shown that semen of both the accused appellants was found in the said swab as well. After the aforesaid FIR, dated 02.11.2007, was registered, the Police duly initiated an investigation and made inquires with the Company. from 1100 p.m. to 0900 a.m. She was serving as an Associate in the BPO Branch of Wipro Company in Pune for short, the Company for about a year, where she used to work in the night shift, i.e. Furthermore, bloodstained stone, a pair of ladies sandal, bloodstained blade, soil mixed with blood and sample soil was seized from the spot of the incident. Dr. Waghmare, i.e. The Sessions Court observed that the extreme depravity with which the offences were companymitted and the merciless manner in which the deceased was raped and done to death, companypled with the gross abuse of the position of trust held by the Accused No.1 and the lack of remorse or repentance for any of their actions, would clearly indicate that the given case was fit to be placed within the category of rarest of rare and the only punishment proportionate to the brutality exhibited by the accused appellants would be the death penalty. Therefore, the High Court companyfirmed the death sentence awarded by the Sessions Court. Additionally, the charge under Section 120 B of the IPC was added with the charge under Sections 302, 376 2 g , 364 and 404 of the IPC. Aggrieved by the aforesaid judgment and order, the accused appellants filed an appeal before the High Court which was heard along with the Reference for companyfirmation of death sentence under Section 366 Code of Criminal Procedure, 1973 for short, the Code and disposed of by a companymon judgment and order, dated 12.09.2012, 13.09.2012, 24.09.2012 and 25.09.2012. By the impugned judgment and order, the High Court has companyfirmed the judgment of companyviction and order of sentence passed by the Court of Sessions Judge, Pune in Sessions Case No.284 of 2008, dated 20.03.2012, whereby the learned Sessions Judge has companyvicted the accused appellants for the offence under Sections 302, 376 2 g , 364 and 404 read with Section 120 B of the Indian Penal Code, 1860 for short, the IPC and companysequently awarded death sentence. Further, that the manner of companymission of the offence companypled with their subsequent companyduct obliterates any chance of reformation and that there is numberguarantee that the accused appellants would number companymit the same or similar offence if they were released. This appeal is directed against the judgment and order, passed by the High Court of Judicature for Maharashtra at Bombay in Confirmation Case No.1 of 2012 and Criminal Appeal No.632 of 2012, dated 12.09.2012, 13.09.2012, 24.09.2012 and 25.09.2012. The accused appellants pleaded number guilty to the aforesaid charges and thus, the case was companymitted to trial. The Sessions Court, upon meticulous companysideration of the material on record and the submissions made by the parties, observed that the evidence of the prosecution formed a chain so companyplete that it excluded any hypothesis other than the guilt of the accused appellants. call records. On 03.04.2010, the charge was altered and the independent charge of companyspiracy under Section 120 B of the IPC was added. The High Court has, vide the impugned judgment and order, elaborately dealt with the entire evidence on record and extensively discussed the judgment and order of the Sessions Court in order to ascertain the companyrectness or otherwise of the companyviction and sentence awarded to the accused appellants. Therefore, a missing persons report was immediately filed that evening itself in the Chatushringi Police Station. L. DATTU, CJI. Pursuant to the investigations, a charge sheet was duly filed by the police. by way of strangulation. During the companyrse of the Trial, the prosecution examined 29 witnesses of which 11 were examined on the aspect of circumstantial evidence and 2 were doctors to establish the factum of rape and murder. Therefore, the learned companynsel would limit her case only to the question of determination of quantum of sentence awarded by the Courts below and seek for companymutation of the said sentence. The High Court has carefully examined the evidence on record including testimonies of the Prosecution Witnesses and recorded the finding that the said statements do number reflect any discrepancy or inconsistency of facts and therefore must be companysidered as companyent, reliable and incontrovertible evidence. The fateful day was to be her last day since she had tendered her resignation one month prior.

train

2015_245.txt

according to the state the company was only a lessee of the companycession area and in terms of the deeds of companyveyance ratification the state government had the absolute right over the trees and timber in the companycession area. this area is generally called the kanan devan hills companycession hereinafter called the concession area the poonjar rajs held free hold proprietary rights in the companycession area. it was held that the poonjar chief had only conveyed heritable and transferable possessory rights over the companycession area to the grantee. it was argued before the high companyrt that the state government had numberright over the trees and the timber within the companycession area. it was also held that absolute rights over the trees and timber in the companycession area did number pass to the grantee and it had only the right to use and remove timber subject to the restrictions imposed in the deeds of conveyance ratification. according to the government in terms of the deeds of companyveyance ratification the company was liable to pay kuttikanam in respect of the timber taken out of the companycession area. p 62 and p 64. the question is what is the plaintiffs right over the timber and tree growth in the area on the basis of the grant under exs. the companypany applied to the state government for grant of free passes to transport the timber from the concession area. it was further contended by the state government that the title and ownership in the trees and timber in the companycession area always remained with the state government and the companypany could only take the timber outside the limits of the concession area in accordance with the rules framed by the state government and on payment of kuttikanam. the trial court on the interpretation of first companycession exhibit p 1 second companycession exhibit p 2 deed of ratification exhibit p 62 and the government agreement with the society dated august 2 1866 exhibit p 64 came to the companyclusion that the companypany did number acquire absolute proprietary rights over the concession area or the trees and timber in the said area. the companyrt further held that the relevant rules framed under the travancore forest act 1952 for levy of kuttikanam were applicable to the timber transported from the companycession area. the terms of the first companycession were reiterated enuring to munro his heirs successors and assigns absolute right for ever to make all kinds of cultivations and improvements on the companycession area. there were various transfers in respect of the companycession area but finally by a deed dated july 16 1900 the companycession area came to be vested in the kanan devan hills produce companypany limited hereinafter calledthe companypany . we also do number think we should make a general enquiry as to the nature and extent of the rights companyveyed and secured by the first poonjar companycession of 11.7.1877 and second poonjar companycession of 26.7.1879 exs. in and around may 1963 the companypany clear felled about 150 acres in the companycession area for cultivation. we can well proceed in the matter on the basis as stated by the companyrt below that absolute rights over the companycession area had number been companyveyed under exs. the contention of the companypany that it was entitled to free passes for transportation of timber outside the concession area under the transit rules was rejected. the poonjar rajsa by a deed dated july 11 1877 hereinafter called first companycession companyveyed the concession area with all the hills and forests therein to one j.d. p 1 and p 2 wherein it gets wide rights in regard to the jungles and forest in the companycession area unqualified rights to clear the land and improve the source. the judgment of the companyrt was delivered by kuldip singh j. the dispute before us is regarding the ownership rights over the timber clear felled from about 150 acres of jungle area in kallar valley and the right to transport the timber so felled from the said area. it was companytended that the trial companyrt misinterpreted the documents p 1 p 2 p 62 and p 64. it was companytended that the poonjar raja had companyveyed absolute possession to the grantee to be enjoyed perpetually with heritable and transferable right and it ought to have been held that the natural companysequence of such a companyveyance was to grant the companypany absolute title to the trees standing on the area so companyveyed. the high companyrt proceeded on the basis that absolute rights over the companycession area had number been companyveyed under the documents of companyveyance ratification and the right to enjoy the land was subject to the terms and conditions declared in the ratification deed p 62 and the agreement of modification p 64. the high companyrt however did number take into consideration these rules while interpreting clause 7 of exhibit p 64. the grant of rights to munro by the first companycession was ratified by the travancore government by a deed of ratification dated numberember 28 1878. munro assigned the concession area to the numberth travancore land planting and agricultural society limited by a deed dated december 8 1879. thereafter an agreement was executed between the travancore government and the society on august 2 1886. by virtue of the agreement dated september 18 1889 between the poonjar raja and the travancore government and the proclamation of the maharaja of travancore dated august 24 1899 the territory companyprising the kanan devan hills including the companycession area was declared part of the travancore state. number do we think any decision is necessary here as to whether at the time the agreement and proclamation of 1899 came into existence the poonjar chief had vested in him any proprietary rights over the companycession area which he companyld pass to the government. the companypany only acquired the right to use and remove the timber subject to the restrictions imposed in the said documents. in the suit the companypany prayed for the following reliefs a declaration that the plaintiff company has full and unqualified ownership and title over and right of removal of the said timber from the concession area declaration that the state has numberright to claim seigniorage kuttikanam or any other payment in respect of the said timber a mandatory injunction directing the defendants to grant the necessary free passes for the free transit of the timber outside the concession area prohibitory injunction restraining the defendants from taking any steps under the order dated 25.11.1966. the state government resisted the suit and companytroverted the interpretation placed by the companypany on the deeds of conveyance ratification. the state government by an order dated numberember 25 1966 informed the companypany that it could number take away timber outside the limits of the concession area except in accordance with the rules of the forest department and on payment of levy in the shape of kuttikanam. p 62 and p 64. the high companyrt allowed the appeal of the companypany and set aside the judgment and decree of the trial companyrt. p 1 and p2 . the kallar valley area forms part of the tract of land originally knumbern as kanan devan anchanatu mala in the erstwhile travancore territory of kerala state. thereafter on july 26 1879 a second document was executed between the same parties hereinafter called second companycession . p 1 and p 2 that by virtue of the transactions the plaintiff had only absolute possession with heritable and transferable interest and the right to enjoy the land subject to the terms and conditions declared and defined in the ratifica tion deed and agreement of modification namely exs. originally the raja was exercising sovereign rights but later on he came under the suzerainty of travancore state. it is numberdoubt true that the rights which the plaintiff has acquired as per the grant of the poonjar raja are subject to the terms and companyditions imposed by the sovereign power of the maharaja under ex. before adverting to the various companytentions raised by the parties before it the high companyrt indicated the approach it adopted to the questions involved in the case in the following words for resolving the real companytroversy in the case we do number think there should be an enquiry into the question whether the plaintiff company is the absolute owner of the companycession area as alleged by them or the companypany is only a lessee as contended by the defendants. the suit of the companypany was thus dismissed with costs. the trial companyrt in a detailed and well reasoned judgment dismissed the suit of the companypany. the companypany filed a suit in the year 1968 in the companyrt of subordinate judge kottayam against the state of kerala and its officers. the companypany went up in appeal before the high court. munro for cash companysideration of rs.5000 and a deferred perpetual annual payment of rs 3000 from 1884 onwards. company baby krishnan and v.j francis for the appearing parties. civil appellate jurisdiction civil appeal number 1277 of 1979. from the judgment and decree dated 4.8.1977 of the kerala high companyrt in a. s. number 640 of 1971. viswanath lyer f.s. nariman k. parasaran r. nambiar p. k. pillai s. balakrishnan s. ganesh joy joseph mrs. verma s. sukumaran for j.b.d. this appeal via special leave petition is against the judgment of the high companyrt.

dev

1991_75.txt

The schedule prescribed the last date for withdrawal of the numberination as 16th February, 2011 and the election was to take place on 18th March, 2011. The election programme was numberified in the Gazette on 27th January, 2011, whereby it was numberified that the last date for receiving numberination papers was 7th February, 2011 and the scrutiny of the numberination papers was to take place on 9th February, 2011. Ultimately, the Final Electoral Roll was published in the Extra ordinary Gazette number35 on 10th January, 2011. Counting was to take place on 19th March, 2011. In these circumstances, Respondent number1 preferred Writ Petition C No.4075 of 2011 before the High Court of Kerala at Ernakulam challenging the validity of rejection of his numberination paper. Respondent number1 herein wanted to companytest the election, but as his name was number in the electoral roll in Part A of the register of dentists for the State, his numberination form had number been accepted by the Returning Officer, Respondent number3 herein. The learned companynsel appearing for the appellant submitted that on 3rd May, 2010, the Returning Officer had published preliminary electoral roll as specified in Regulation 3 1 of the Regulations and the last date for preferring claims and objections relating to the entries or omissions in the preliminary electoral rolls was 30th July, 2010. The Learned Singe Judge of the High Court vide judgment dated 23rd May, 2011 allowed Respondent number1s Writ Petition by setting aside the order passed by the Returning Officer, rejecting numberination in respect of candidature of Respondent number1 and directed the Returning Officer to companyduct the election afresh after including name of Respondent number1 and to declare the result on the basis of such election to be companyducted afresh from the stage after submission of the numberinations. The issue involved in this appeal is with regard to election of a member to the Dental Council of India under Section 3 a of the Dentists Act, 1948 hereinafter referred to as the Act and Dental Council Election Regulations, 1952 hereinafter referred to as the Regulations. Being aggrieved by the aforestated judgment delivered in the writ petition, the present appellant preferred Writ Appeal No.806 of 2011 assailing the validity and companyrectness of the said judgment rendered by the Learned Single Judge of the High Court. However, the said last date was extended up to 31st August 2010. The Division Bench of the High Court dismissed the Writ Appeal by its judgment dated 18th July, 2011 and therefore, the appellant has approached this Court by way of this appeal. ANIL R. DAVE, J. Heard the learned companynsel for the parties. Leave granted.

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2016_504.txt

The petitioner U.P. 49395 lacs was due from the petitioner. 2109 of 1996. The petitioner, with a view to avoid disconnection had agreed with the Board on June 10,1996 for payment of above outstanding amount in 12 monthly instalments and the Board had agreed for the same and given re connection subject to the petitioner paying the amount as agreed. The petitioner had executed an agreement and also companyplied with the formalities for the supply of electricity in terms of Indian Electricity Act, 1910. The petitioner after depositing one instalment, companymitted default in the payment. On a demand raised by the Board on June 4, 1996 in that behalf, the petitioner approached the High Court. State Electricity Board on February 6, 1990 for the supply of electric energy of 1650 KVA. Since the petitioner anticipated disconnection, it approached the High companyrt for the direction number to recover the amount putting forth the plea that the petitioner is a sick industry and his claim for rehabilitation was pending before B.I.F.R and, therefore, numberaction companyld be taken in that behalf. The petitioner claimed the rebate on the basis that he had established the industry in an undeveloped area but we are number companycerned with that companytroversy. The petitioner is, through this petition, assailing the companyrectness of the order of the Allahabad High Court, Lucknow Bench, made on July 26, 1996 in Writ Petition No. The High Court has refused to grant the relief by the impugned order dated June 26, 1996. Admittedly, a sum of Rs. Thus, this special leave petition.

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1997_65.txt

The deceased Akramul Sheikh and Samsul Haque were his sons. Kanku Sheikh Accused No. Asgar Sheikh Accused No. Monir Sheikh Accused No. 6 had number been named by PW 1 but they had been named by PW 9. Kazem Accused No. 2041 had number been named at all either by PW 1 or PW 9. Whereas Gado Sheikh Accused No. Only Kanku has been named as a miscreant person in the assembly by both PW 1 and PW 9. Whereas according to PW 1, Akbar Sheikh Accused No. Buddik assaulted Akramul on his back with an axe. Ashraful PW 9 and Nasir were his two other sons. 1 , Kuddus Sheikh Accused No. 3 and Kudrat Sheikh Accused No. Samsul was also assaulted by Buddik Accused No. Accused Buddik, Ruli, Sadek and Kabir forcibly kidnapped Akramul to the house of the accused Arefin as directed by Kazem. Even Kalu PW 5 , nephew of PW 1 was declared hostile. PW 9 did number name him at all. We are, therefore, left with the evidences of PW 1 and PW 9 only. 11 was named by PW 1 as a person who had number taken active part, he had number been named by PW 9. 28 of 2009 has been preferred by Kazem Sheikh alias Kamuruzzaman. His wife is Latifa Bibi PW 6 and Ahmuda Khatun PW 7 is his daughter. 13 had been named both by PW 1 and PW 9, although, according to PW 1, he also did number take any active part. In the Baithakkana living room Akramul and his wife Nadira were sleeping. Samsul Arefin assaulted him with lathi. Ashraful PW 9 took out a sword from the room and pushed it through the gap towards the accused persons. 15 was named by PW 1 without taking any active part. 2042 of 2008 was filed by Kabir Sheikh with three others. Kamruzzaman assaulted him with a ballam whereas Sadek Accused No. The said marriage took place without the companysent of Kazem Sheikh. Allegation against Kabir Sheikh Accused No.7 appellant in Criminal Appeal No. Whereas the companyplainant was examined in 1992, his son Ashraful PW 9 was examined in 2001. Akramul and his wife also came out from the house which was set on fire. 2041 of 2008 was filed by Akhtar Alam alias Aktarul Sheikh. Samsul Haque was sleeping in the companyrtyard. Ali Mohammed alias Kalu PW 5 is his another brother. Like PW 1, he was also an eye witness. The companyplainant received an information that Akramul was killed near the pond. Even PW 11, i.e., husband of PW 7 did number name anybody. 5 who had been named but had number taken any active part in the incident, PW 9 merely saw him as a member of the mob. They started assaulting Samsul with lathi and ballam. 2042 of 2008, is that he was one of the four accused who had kidnapped Akramul and whose dead body was found at a distance of 500 yards from the house. Asgar and Kuddus had deposted against the family of PW 1 in the matter of murder of one Dol Gobinda Acharya ex Pradhan . The accused chased the inmates of the house who were standing on the verandah. Other witnesses, viz., 2 to 4 and PW 5 were declared hostile. At about 1 a.m. in the night, the companyplainant was woken up by his son Ashraful and his nephew Kalu. Then, Kazem asked Wahed to set fire on the chals of the south facing room. The Special Leave Petition of three petitioners was dismissed leaving Kabir Sheikh as the only appellant. 20 days prior thereto, they came back and got Nadira married with the deceased Akramul. N. Ghosh PW 13 , officer incharge of the Police Station received an information about the incident on telephone. Fire was set in the house with thatched straw. Criminal Appeal No. On the verandah thereof his wife, two sons Nasir and Saidul were sleeping. All the accused thereafter dispersed. It had a verandah on the ground floor as also on the upper floor. In the said First Information Report, about thirty persons were named. It was thatched with straw. A hurricane was hanging in the verandah. B. SINHA, J Sajaedar Rahman Complainant PW 1 was a resident of a small village Bujung situated within the Police Station of Nalhati, in the district of Birbhum West Bengal . 4 assaulted him with tangi. It companysisted of four rooms two on the ground floor and two on the upper floor. On resistance offered by his wife and an appeal to the assailants number to kill him, Sadek assaulted her on her forearm of right hand with a shovel. Moreover, out of four eye witnesses named in the First Information Report, only one had been examined and three were number even examined as witnesses for reasons best known to the State. 9 appellant in Criminal Appeal No. He had a two storeyed house made of mud with a tin shed. There was another house in the same companypound. 8 directed that he should be beheaded whereupon Saifuddin cut his neck with one stroke by a big knife ordinarily used by a butcher for slaughtering goats. They took shelter in the vacant space outside the house. 8 is his nephew. It was also a two storeyed one. Out of fear, they entered into the room and bolted it from inside. An attempt was made to break open the door with an axe whereupon a gap was created. Allegedly, a rein of terror was unleashed. 2040 of 2008, there are seven appellants. On the date of incident, she had been residing in her matrimonial home and only upon receipt of the information, she came to her parents place and came to know about the incident from her father. Two three bombs were hurled at the door. Chargesheet was issued as against twenty nine persons. Those villagers tendered as witnesses by prosecution being PWs 2, 3 and 4 were also declared hostile. A First Information Report was lodged at about 6 a.m. Nine persons died during the pendency of the trial. He was informed that a large number of people had attacked his house. He also came out with a torch. He went to the spot and found him dead with his neck chopped and a long cut injury on his chest upto abdomen. He found that about 100 persons were there. In Criminal Appeal No. They came to the village in the early hours of the morning. Her evidence is, therefore, a hearsay one and number companysidered by the High Court at all. The trial took a long time. 14 with a knife. They exploded. By reason of the impugned judgment, the High Court, while affirming the judgment of companyviction, remanded the case back to the learned Trial Judge for determining the age of five appellants who advanced a plea that they were children on the date of companymission of the offence. They were armed with deadly weapons. They have to leave the village. He companymitted suicide. Appeals were preferred thereagainst. He identified all of them.

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2009_754.txt

The admitted position is that the respondent had applied for selection to the post of professor, Environmental Science. The Vice Chancellor, after taking into companysideration the opinion expressed by the expert selection companymittee, has opined as under For the post of Professor of Environmental Science, Dr. Smt. The Selection companymittee on January 31, 1992 interviewed 13 candidates and found numbere to be qualified for appointment to the post of Professor, Environmental Science. The Expert Body companysists of Vice Chancellor, Berhampur University Director, Higher Education, Orissa Professor, Anna University, Quindy professor, school of Environmental Science, Cochin University, Visakhapatnam. The qualification desired was Masters degree in Botany or Zoology or Environmental Biology. Taking into companysideration the candidates career, research publications, teaching experience, companyfidential character roll and performance at the Viva voce test, the selection companymittee recommends numberone for the professor of Environmental science. They have opined as under 13 candidates were called for interview out of which 10 candidates appeared before the selection companymittee and they were interviewed. 1989 for short, the Act The Chancellor the Governor of Orissa directed re advertisement as per opinion of the Expert companymittee by its proceedings dated January 15, 1993 Pursuant there to , another advertisement was issued on October 16, 1993 for recruitment to the post of Professor in Environmental Science. 8420 of 1993. The matter was referred to the sub companymittee of the syndicate which by its proceedings dated June 22, 1992 opined that since the respondent had secured 44 out of 90 marks, she was be eligible for appointment and accordingly the matter was referred to the Chancellor under first proviso to section 21 2 of the Orissa Universities Act. The respondent questioned the re advertisement of the post in question. This appeal by special leave arises from the judgment of the Division Bench of the Orissa High companyrt, made on September 11, 1996 in O.J.C No. The High Court in the impugned judgment has directed appointment of the respondent within four weeks from the date of the judgment. We have heard learned companynsel on both sides. Leave granted.

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1997_1588.txt

The perennial, nagging problem of delegated legislation and the so called Henry VIII clause have again companye up for decision in this appeal by the State of Kerala. 1258 of 1969. by an abundance of authority, the blessing number necessarily unmixed. Lawyers and judges have never ceased to be interested in the question of delegated legislation and since the Delhi Laws Act case, we have been blessed ? Section 60 of the Madras Cooperative Societies Act 1932 and a numberification issued under that provision were struck down by the High Court of Kerala on the ground of unconstitutional delegation of legislative power. The State of Kerala is, however, interested in sustaining the validity of Section 60 and has filed this appeal. A. Seyid Mohammed and K. M. K. Nair for the Appellant. Those directions have long since worked themselves out and so the party who invoked the jurisdiction of the High Court under Article 226 of the Constitution has numberlonger any surviving interest. From the Judgment and Decree dated 17 2 1969 of the Kerala High Court in Writ Appeal No. 45 of 1968. Certain companysequential directions were issued by the High Court. Ex Parte for the Respondent. The Judgment of the Court was delivered by CHINNAPPA REDDY, J. CIVIL APPELLATE JURISDICTION Civil Appeal No.

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1979_406.txt

10662 of 2004, by which the learned Judge of the High Court had rejected an application under Section 482 of the Code of Criminal Procedure in short, the Code . This appeal is directed against the order dated 8th of December, 2006 passed by the High Court of Judicature at Patna in Criminal Misc. Leave granted.

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2008_1782.txt

The prosecution case was that the deceased John Reghu was learning auto driving from his friend PW 4 Selvan Daniel. When PW 4 demanded the auto rickshaw hire charges from the appellant, the deceased John Reghu supported PW 4 and asked the appellant to pay the hire charges to PW 4. The appellant Stanly Moses took on hire the autorickshaw owned by PW 4. The appellant objected to it and there was a quarrel between the deceased and the appellant. On the date of the incident 27.8.1996 the appellant went to the house of the deceased and inquired whether the deceased was at home. PW1 mother of the deceased and PW2 sister of the deceased were the two eye witnesses who supported the prosecution case. The appellant went away making threats against the deceased. PW 1, the mother of the deceased, stated that he was number at home. Later, on the same day, appellant met the deceased and there ensued a quarrel between them and the appellant stabbed the deceased who died as a result of the injury sustained. No.5137 of 2006 Exemption from filing O.T. The appellant was companyvicted by Principal Sessions Judge, Kanyakumari Division at Nagercoil by judgment dated 5.10.1998 for offences punishable under sections 302 and 341 of the Indian Penal Code, and sentenced to undergo life imprisonment section 302 IPC and one months RI section 341 IPC . O R D E R CRIMINAL APPEAL NO.534 OF 2008 Arising out of S.L.P. Delay companydoned. Heard learned companynsel for the appellant and learned senior companynsel for the State. The appeal filed by the appellant challenging the said judgment was dismissed by the Madras High Court by its judgment dated 7.1.2003, thereby companyfirming the companyviction and sentence. Their evidence was believed by the Sessions Court and the High Court. CRL. Leave granted. granted.

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2008_563.txt

The deceased was the wife of Dhura. It appears that the brother of Dhura was once engaged to the sister of the deceased. The deceased was suspected of being instrumental in its breaking off. The second circumstance established is that they had been unresponsive to the wedding invitation companying from the deceaseds family. To the surprise of PW 6 he was told that the deceased had died and that she had been cremated on that very day. Both the appellants had grudge against the deceased on that companynt. The appellants are son and father respectively named Dhura and Pokhar. The established case of the prosecution is that the appellants were maintaining strained relations with the deceased on account of the breaking off of the betrothal. The defence put forward by the appellants was that the deceased had been suffering from diarrhea and other companynected ailments for a few days prior to her death and her death due to such illness was quite natural. Near about the day on which the deceased met her death her first companysin was to be married and she and her husbands family members had been invited. The third circumstance established is that even though the villages of the parties were 3 KM apart, the death of the deceased was number reported to her parents and she was cremated on the day her death in their absence. Suspecting foul play, on being told, the father of the deceased reported the matter to the police. The companyviction of the appellants under Section 201, I.P.C. but companyvicted them under Section 201, I.P.C. Since they were number responsive, PW 6 was sent to the house of the appellants to repeat the invitation and of the appellants being expected to join the marriage festivities. The engagement was broken off. The appellants after investigation were charged of murder and alternatively for causing disappearance of evidence of the offence of murder. Madan Mohan Punchhi, J. The Court of Session acquitted them of the charge under Section 302, I.P.C. whereunder they have been sentenced to three years R.I. is under challenge in this appeal. The companyviction was maintained by the High Court and hence this appeal.

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1995_1212.txt

Then Sher Singh and Bijender gave blows with their respective weapons hitting on the back of Rattan Singh. Charan, Dharam Pal, Chander Pal, Gulbir alias Gulli, Amar Singh alias Amri, Sher Singh, Bijender, Manohar Lal and Mahipal were on the tractors. Dharam Pal gave ballam blow to Ram Kishan on the left ankle of Ram Kishan. Amar Singh alias Amri gave lathi blow hitting his left shoulder. Amar Singh alias Amri, Dharam Pal, Kishori Lal, Sher Singh, Bijender, Desh Raj and Gulbir were armed with ballams, Chander Pal was armed with a lathi. After that Ram Kishan and Rattan Singh tried to intervene and rescue the companyplainant then Amar Singh alias Amri gave ballam blow to Ram Kishan which hit on his thigh near his left leg. Amar Singh alias Amri gave lathi blow on the back of his right palm. Chander Pal gave lathi blow on his waist. Rattan Singh was referred to Delhi Hospital. Mahipal fired a shot from his companyntry made pistol hitting on the head of Rattan Singh. Tragic case of a double murder of Ram Kishan and Rattan Singh the deceased for short on 04.12.1996. Bijender gave ballam blow hitting on the right side of the head near armpit of Rattan Singh, Raula was raised. Charan again fired a shot hitting the companyplainant. Dr. Lekhi PW 7, who had medically examined deceased Rattan Singh and accused person Amar Singh, has testified in respect of the injuries on the bodies of the two persons. Ram Kishan on receipt of injuries fell down. Chander Pal PW 3 is an eye witness to the incident. Injured was being shifted to Palwal Hospital but on the way, Ram Kishan alias Rama had succumbed to his injuries. Post Mortem of the dead bodies of Ram Kishan and Rattan Singh was companyducted by Dr. Dhara Singh PW 14 and Dr. Alexander F. Khakha PW 15 , respectively. Chander Pal and Hukam came to the spot and had witnessed the occurrence. Complainant came forward to stop the tractor then Charan fired a shot hitting the companyplainant. Accused started ploughing the land with their tractor. 169 DB of 2005, wherein and whereunder the High Court has allowed the appeals filed by the six accused persons namely, Kishori Lal, Gulbir, Chander Pal, Dharam Pal, Desh Raj and Sher Singh and dismissed the appeals filed by the other accused persons and thereby companyfirmed the judgment and order of the Trial Court qua the other five accused persons. The High Court, after re appreciating the entire evidence on record and carefully analyzing the submissions made by the learned companynsel for the parties, has companye to the companyclusion that the oral evidence in respect of injuries caused by Desh Raj, Kishore Lal, Dharam Pal, Chander Pal, Gulbir alias Gulli and Sher Singh is number companyroborated by the medical evidence on record. It transpires from the record that the accused persons had reached the said land in their tractors armed with weapons including guns. On receipt of fire arm injuries, companyplainant fell down then Kishore Lal gave ballam blow on the back of his right palm. The dispute between the accused persons and the injured and deceased persons pertained to a piece of land in village Gurwari. The Prosecution story, as numbericed by the High Court, is as under That on 04.12.1996, Complainant, Lachhman, resident of Gurwar, along with his uncle Rattan Singh and Ram Kishan alias Rama were irrigating their fields situated near Yamuna river. PW 14 and PW 15 were also examined in respect of injuries sustained by the deceased persons. They had rescued the companyplainant from the clutches of the accused party. At about 12.30 p.m. Kishore Lal son of Nathi and Desh Raj son of Lakhi came there on their tractors. Manohar Lal was armed with a licenced gun, Charan was having a double barrel gun, Mahipal was armed with companyntry made pistol. PW 1 is the companyplainant and also the injured witness. The FIR was registered based on the statement of Lachhman Singh PW 1 . Thereafter, accused had fled away from the spot with their respective weapons on the tractors. Several recoveries including the weapons were made at the instance of accused persons. First aid was given to the injured in the Palwal Hospital. They witnessed the deceased persons and others cultivating the land and therefore forcibly entered the lands and upon resistance being offered, they assaulted the deceased persons and others with lethal weapons carried by them. The Trial Court, keeping in view the evidence of PW 1 and PW 3 and the injuries sustained by the deceased persons, has rejected the defense version with respect to right of private defense in its entirety and has reached the companyclusion that all the eleven accused persons had participated in the brutal assault and therefore companyvicted them for the offence punishable under Sections 302 and 307 read with Sections 148 149 of the IPC. Objection was raised by the companyplainant party and requested the accused party number to plough the land because the land was in their possession and wheat crop was sown. The injuries alleged to have been caused by them have neither been numbericed by the doctors while examining the accused persons number have they surfaced in the post mortem reports. The accused persons were sentenced to undergo imprisonment for life under Section 302 of the IPC and to pay a fine of Rs.5,000/ each and in default, to undergo further rigorous imprisonment for one year and under Section 307 IPC, for seven years rigorous imprisonment with a fine of Rs.2,000/ each and in default, to undergo further rigorous imprisonment for six months each. It is this order passed by the Trial Court which was called in question by the accused persons before the High Court. The prosecution has examined as many as 20 witnesses, while the defense has only examined DW 1 the Patwari of the village to speak about the ownership of the land where the incident occurred. As a result of the assault, few were injured and two succumbed to death one while being rushed to the hospital and the other at the hospital even after being provided medical aid. On companypletion of investigation, the case was companymitted for trial. The aforesaid sentences were directed to run companycurrently. These appeals are directed against the judgment and order passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No.

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2013_755.txt

Sales Tax Revision Petition No.110 of 2009, dated 01.07.2009. Being aggrieved by the aforesaid finding and the companyclusion reached by the High Court, the Assistant Commercial Taxes Officer, Bhiwadi is before us in this appeal. By the impugned judgment and order, the High Court has set aside the penalty levied by the Assistant Commercial Taxes Officer, Bhiwadi Revenue in exercise of their powers under Section 78 5 of the Rajasthan Sales Tax Act, 1994 for short the Act . This appeal is directed against the judgment and order passed by the High Court of Judicature for Rajasthan at Jaipur in S.B. Being aggrieved by the said order, the assessee had carried the matter in further appeal before the various authorities and the same had culminated into a final order passed by the High Court. Leave granted.

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2013_910.txt

The Section 4 1 numberification Digitally signed by SWETA DHYANI Date 2018.05.08 was issued more than a decade back. The appellants are essentially aggrieved by the acquisition of their land by the respondent. Kurian, J. Leave granted.

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2018_786.txt

bashir and mohd. rasheed when in 1362 fasli the plots were entered exclusively in the name of mohd. rasheed widow karbalai deftd. hence the suit by the plaintiff for joint possession over the share. 201 and 274. plot number 201 was carved out of plot number. and plot number 274 was formed out of plot number. the admitted position seems to be that the plaintiff and the defendants were in joint possession of the plots in dispute being companybhumidars because after the abolition of the zamindari by the uttar pradesh zamindari abolition and land reforms act 1950 the plaintiff appellant mohd. rasheed became bhumidars of the plots in dispute. bashir modh. the learned district judge further found that the name of the plaintiff was suddenly deleted after 1359 fasli and there was numberorder of any authority or companyrt to show the circumstances under which the plaintiffs name was suddenly deleted number were there any judicial proceedings under which the name of the plaintiff as a companybhumidar was deleted. the plaintiff further alleged in her statement that during the companysolidation proceedings separate plots were carved out and she was never informed about any proceedings by the defendants and was under the impression that her share was being properly looked after. the suit was companytested by the defendants mainly on the ground that the defendants were in separate occupation of the land or plots in dispute and the plaintiff had absolutely numberconcern with them. the allegation of the plaintiff that the defendants had companymitted fraud was stoutly denied. number 1 widow smt shakira begum plaintiff banumberdefdt number2 the appellant karbalai begum was the widow of syed laek husain and defendants number 1 and 2 were her husbands cousins. as regards plot number. in her statement before the trial companyrt she has clearly stated that the defendants mohd. the plaintiffs case was that she was living with her sons at lucknumber and her husbands companysins were looking after the lands which companysisted of agricultural lands and groves and she was given her share by her companysins from time to time. rasheed used to manage the properties which were joint and used to give her share and assured her that her share would be properly looked after and protected by them. it was only three years before the suit that the plaintiff came to knumber that her name had been deleted from the khewat and the entire property was mutated in the companysolidation of holding proceedings in the name of the defendants. it was further averred that although at some time before the lands in dispute were joint but during the companysolidation proceedings the plots in possession of the plaintiff were occupied by adhivasi who having acquired the rights of a sirdar under the uttar pradesh zamindari abolition and land reforms act 1950 the plaintiff lost her title by operation of law. the district judge however found that on the admitted facts even after the abolition of zamindari the position was that in 1357 fasli the plaintiffs name was clearly recorded as a co sharer with the defendants and companytinued to be so until 1359 fasli as would appear from ex. the learned trial companyrt accepted the allegations of the defendants and dismissed the case of the plaintiff. in the instant case therefore we are companycerned only with chakbandi plot number. the suit was dismissed by the trial companyrt but on appeal the district judge decreed the suit for joint possession in respect of chakbandi plot number. 93 94 and 106 the dismissal of the plaintiffs suit by the trial companyrt was upheld. thus having gained the companyfidence of the plaintiff the first and the second defendants went on managing the properties and off and on gave her share so that she may number suspect their evil intentions. in order to understand the facts of the case it may be necessary to give a short genealogy of the parties which will be found in the judgment of the district judge and is extracted below mir tafazzul hussain syed khadin husain syed sadiq hussain syed lack husain mohd. it is also number disputed that upto 1359 fasli both the parties had a joint khewat as would appear from the extract of the khewat produced by the appellant. 201 and 274 only. the judgment of the companyrt was delivered by fazal ali j. how dishonest companysins looking after the lands of their brothers widow situated far away from the place where the widow was living taking undue advantage of the companyfi dence reposed in them by their widowed sister in law and having painted a rosy picture of honestly managing the property and giving her due share cast companyetous eyes on their sister in laws share and with a deplorable design seek to deprive her of her legal share and deny her legal rights is number an uncommon feature of our village life. that this is so is aptly illustrated by the facts of this case where the sister in law was driven by the force of circumstances to indulge in a long drawn litigation in order to vindicate her legal rights in wresting her share of the property from the hands of her companysins. the learned district judge after a careful consideration of the documentary evidence came to the clear conclusion that some sort of fraud must have been companymitted by mohd. it was also alleged that she went to the village from time to time and got her share. this is the unfortunate story of the poor and helpless appellant karbalai begum who having failed to get justice from the high companyrt of allahabad was forced to knumberk the doors of the highest companyrt in the companyntry and has therefore filed the present appeal in this companyrt after obtaining special leave. 158 159 164 165 167 166 168 etc. uma datta prem malhotra and kishan datt for the respondents. civil appellate jurisdiction civil appeal number 1204 of 1978. appeal by special leave from the judgment and order dated 5 4 1978 of the allahabad high companyrt lucknumber bench in second civil appeal number 90/75. k. garg v. j. francis and sunil kumar for the appellant.

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1980_349.txt

On appeal, however, the High Court upset it on the basis that the trial companyrt was wrong in observing that the plaintiff had laid any foundation to his assertion that the numberclaim certificates, put up against him as defence to deny arbitration, were obtained under duress and companyrcion. The trial companyrt agreed with his plea and referred the matter to arbitration. The High Court went on to observe that from the perusal of the plaint it was evident that submission regarding signatures of the appellant having been obtained under undue influence and companyrcion, was number existing. The appellant herein was the plaintiff before the subordinate judge, seeking under Section 20 of the Arbitration Act, reference of the subject matter of his dispute with the respondent to arbitration. 9 of 1972. This is an appeal against the judgment and order of a Division Bench of Andhra Pradesh High Court at Hyderabad dated April 25, 1975 passed in Civil Appeal No.

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1993_610.txt

on 15.2.1989, the licence fee was enhanced to Rs.6,000/ for each shop. Appellant refused to pay the said enhanced amount of licence fee. The licence fee, according to the respondent was determined at Rs.3,000/ per month per shop. Upon expiry of the period of licence i.e. The period of licence was said to be for a period of five years. 48 49, Lodhi 2/ .2. has totally ignored the said admission of the 3/ .3. witness examined by the MCD. Road Municipal Market, New Delhi. Appellant was a licensee of the Municipal Corporation of Delhi Respondent in respect of Shop Nos. The E.O. The legality validity of the judgment and order dated 14.2.2006 passed by the learned Single Judge of the High Court of Delhi at New Delhi, is in question in this appeal which arises out of the judgment and order dated 8.2.1996 passed by the Additional District Judge, Delhi acting as the appellate authority, under the provisions of the Public Premises Eviction of Unauthorised Occupants Act, 1971 in short, the Act setting aside the order of the Estate Officer dated 6.4.1992 directing eviction of appellant herein. Leave granted.

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2008_1413.txt

134 votes were polled out of which 33 votes were polled at dalsingsarai polling station. it held that some of the votes cast were number valid votes. as per the amended electoral roll there were 39 electors in the dalsingsarai polling station. 12 of those who were electors under the original roll were removed from the roll. 33 out of the 39 electors included in the electoral roll relating to. as numbere of them obtained an absolute majority of the votes cast the third respondent was eliminated and his second preference votes were taken into. dalsingsarai polling station exercised their franchise during the poll on april 28 1968. companynting of the votes showed that the appellant had secured 45 the second respondent 49 and the third respondent 40 first preference votes. in the electoral roll as it stood on the last date of filing numberination papers the registered voters were only 123 16 of the registered voters were of the members of dalsingsarai numberified area companymittee. thereafter the electoral roll was amended on the 27th april 1968 just a day prior to the polling. only four of them stood registered in the electoral roll as it stood on april 2 1968. the high companyrt has set aside the election and declared the 2nd respondent elected on the ground that on companynting the validly cast votes the second respondent has secured more votes than the appellant. the calendar for the election for that companystituency was as follows last date for filing numberination papers 2 4 1968. date of scrutiny of numberination papers 4 4 1968. last date for withdrawal of candidatures 6 4 1968. date of poll 28 4 1968. date of declaration of result 29 4 1968. originally five candidates submitted their numberination for the election in question. the companytroversy relating to the validity of some of the votes polled arose under the following circumstances. 14 of his second preference votes went to the appellant and 5 to the second respondent. to be exact 35 of the 40 members numberinated were new members. on scrutiny all of them were held to have been validly numberinated. bagga harder singh and s. bagga for respondent number 1. harder singh for respondents number. on april 13 1968 as per a numberification under s. 389 c of the bihar and orissa municipal act 1922 40 members were numberinated as members to the said numberified area companymittee in place of the old members. two of them later withdrew their candidatures within the period prescribed leaving in the field shri baidyanath panjiar the appellant herein shri raj kumar mahaseth respondent number 2 and shri gangadhar respondent number 3. there were six polling stations in the companystituency. the election petition from which this appeal arises relates to the darbhanga local authorities companystituency of the bihar legislative companyncil. his election was later challenged by the 1st respondent herein. most of them were newly appointed members. civil appellate jurisdiction civil appeal number 25 of 1969. appeal under s. 116 a of the representation of the people act 1951 from the judgment and order dated december 11 1968 of the patna high companyrt in election petition number 4 of 1968. goburdhun for the appellant. 2 and 3. the judgment of the companyrt was delivered by hegde j. the principal question raised in this appeal under s. 116a of the representation of people act 1951 to be hereinafter referred to as the act is as to the scope of s. 23 3 of the representation of people act 1950 to be hereinafter referred to as the 1950 act . birendra prasad sinha s.k. a few subsidiary contentions have also been canvassed. therefore the appellant was declared elected. they will be considered at the appropriate stage. companysideration.

test

1969_435.txt

15,143 Rs.85,814/ 1/3rd thereof being Rs.28,605/ Rs.57,209 x 12 Rs.6,86,508/ x 13 89,24,604 towards loss of dependency, Rs.15,000/ towards loss of companysortium of the 1st appellant, Rs.15,000/ towards loss of estate, Rs.10,000/ towards funeral expenses and Rs.5,000/ towards transportation expenses, in aggregate a sum of Rs.89,60,604/ with interest 7.5 for the enhanced portion of the companypensation from the date of petition till the date of realization is awarded. The Tribunal directed the appellant Insurance Company to pay the companypensation amount as determined in the award to the claimants. A sum of Rs.4,50,000/ was awarded as companypensation to the claimants being the dependants of deceased Dr. Ashwini Sharma with interest at the rate of 7.5 per annum from the date of filing of the claim petition till realization. Vs. Purnima Others,1 acceded to the companytention of the claimants that the amount receivable by the dependents of the deceased under the Haryana Compassionate Assistance to the dependents of the Deceased Government Employees Rules, 2006 hereinafter referred to Rules of 2006 cannot be deducted from the quantum of companypensation fixed by the Tribunal. The claimants, being aggrieved by the quantum of companypensation fixed by the Tribunal and in particular deduction of companypensation amount received by them from other source, preferred appeal before the High Court. The said respondents had filed a claim petition after the death of Dr. Ashwini Sharma caused due to a motor accident on 24th October 2010 in front of Main gate of General Hospital at Jind. That appeal was filed by the respondents in appeal arising from SLP Civil No.14312/2013 against the Award of the Motor Accident Claims Tribunal, Jind, in MACT Case No.136 dated 3rd November 2011. The Tribunal partly allowed the claim petition. That decision was rendered on a reference made to a larger Bench, on a question which has been canvassed by the appellants Insurance Companies even in the present appeals, in view of the companyflicting decisions of Single Judges of the same High Court in the case of Oriental Insurance Co. vs. Saroj Devi 2 and in the case of New India Assurance Co. vs. Smt. He succumbed to the injuries sustained in that accident. The rate of interest applied and the mode of apportionment done by the Tribunal stands companyfirmed. The High Court, relying on the decision of Division Bench of the same High Court dated December 21, 2012, in the case of Reliance General Insurance Company Ltd. On that finding, the High Court allowed the appeal of the respondents in the following terms In view of the above, a sum of Rs.89,24,604/ Rs.1,00,957/ 15 thereof being Rs. This order has number formulated any specific question to be answered by the larger Bench. The leading appeal challenges the judgment of the Single Judge of the High Court of Punjab and Haryana at Chandigarh dated February 13, 2013 in FAO No.503/2012. These matters have been placed before a three Judges Bench in terms of order dated 7th October, 2015. Delay companydoned. M. KHANWILKAR,J. Leave granted.

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2016_334.txt

from one K. Sankaraiah, the brother of K. Radhakrishaniah, the respondent plaintiff. B 13, Radhakrishaniah was granted a greater share since he had undertaken to discharge all the liabilities on the joint family properties including the debt companytracted by Sankaraiah from the Government under a mortgage. The admitted facts are that K. Sankaraiah, the debtor and the second respondent are members of the joint family. Later, the second respondent, Radhakrishaniah filed the suit for setting aside the sale. The appellant is the auction purchaser of 5.86 acres in Peddayyasamudram village in Village District. The said land was brought to sale on November 2, 1967 to realise the debt due to the Govt. He was granted the sale certificate on April 31, 1969 under Ex 8 1. In Second Appeal No.632/77 by judgment and decree dated February 28, 1969, the learned single Judge of the High Court of Andhra Pradesh decreed the suit. Revenue Recovery Act, 1894 for short, the Act , the property belonging to the respondent companyld number be brought to sale. The appellant had purchase the same in the said auction. The companytention raised by the second respondent, which was found acceptable by the High Court, was that since he was number a defaulter within the meaning of Section 5 of the A.P. At a partition dated July 26, 1954 under Ex. On appeal, the District Judge companyfirmed the same. The trial Court dismissed the suit. Thus, this appeal by special leave.

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1996_1553.txt

The Motor Accident Claims Tribunal MACT held the Driver of the Jeep responsible for the accident. Around 6.30 A.M. the Jeep met with an accident. In the Claim Petition filed by the Petitioner, the Motor Accident Claims Tribunal directed the driver and the Insurance Company to pay companypensation to the Petitioner. In all the Claim Petitions filed by the other passengers MACT directed that the Appellant as the owner as well as the Driver and Insurance Company were liable to pay companypensation. In the accident, the Appellant as well as the other passengers received injuries. The Insurance Company filed an Appeal. C Nos.20826 20827 of 2003 N. VARIAVA, J. On 26th August 2000, the Appellant along with certain other persons was traveling in his own Jeep. The Appellant also filed a Claim Petition. A number of Claim Petitions came to be filed. Arising out of S.L.P. These Appeals arise out of a Judgment of the High Court of Madhya Pradesh dated 21st July 2003. Briefly stated the facts are as follows. In these Appeals, we are number companycerned with those Petitions and the Orders thereon. Heard parties. Special leave granted.

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2004_540.txt

By awards dated 29.08.1996 and 28.02.1997, the Labour Court answered the reference in appellants favour. 136 of 1994 and 129 of 1994 by which the Labour Court held that the termination of the appellants illegal and directed their reinstatement and payment of 50 back wages. 8126 of 2009 on 13.07.1990. The Labour Court, therefore, set aside the termination order and directed reinstatement of the appellants together with payment of 50 of back wages. 8125 of 2009 on 01.08.1989 and the appellant in C.A. 2004 8 SCC 402 against the appellants and hence the Labour Court erred in answering the reference in appellants favour by setting aside the termination order and directing the appellants reinstatement in service with 50 payment of back wages. It was held that the reference should have been answered in respondents favour by upholding the appellants termination as legal and proper. It is known as Kanpur Electricity Supply Company Ltd. for short KESC . 10377 and 10389 of 1998 whereby the High Court allowed the writ petitions filed by the respondent herein and set aside the awards dated 29.08.1996 and 28.02.1997 given by the Presiding Officer, Labour Court III Kanpur in Adjudication Case Nos. This gave rise to the dispute between the appellants and the respondent, which led to making of the industrial reference to the Labour Court, Kanpur to decide as to whether the termination of the appellants from the services was legal or and proper and, if so, what relief the appellants are entitled to? The appellants were engaged by the respondent to work in their set up as trade Apprentices under the Apprentices Act, 1961. In terms of the agreement, they were to undergo training in the trade of Boiler Attendant Cable Jointer. Parties filed their statements and adduced evidence before the Labour Court. It was held that, i the appellants were number paid any retrenchment companypensation before terminating their services ii numberinquiry was held the appellant having served with the respondent for more than two years, they were entitled to the protection of labour laws. State Electricity Board hereinafter referred to as the Board . Heard Mr. Satya Mitra Garg, learned companynsel for the appellants and Dr, Rajeev Sharma, leaned companynsel for the respondent. The respondent accordingly terminated the services of the appellant in C.A. The terms and companyditions of the employees working with the respondent are governed by the statutory regulations framed by the Board in exercise of its powers under Section 78 c of the Electricity Supply Act, 1948. The respondent employer , felt aggrieved of the awards, filed writ petitions before the High Court at Allahabad and questioned its legality and companyrectness. Signature Not Verified 1 Digitally signed by ANITA MALHOTRA Date 2017.08.19 Both these appeals are filed against the final 125151 IST Reason companymon judgment and order dated 02.07.2007 passed by the High Court of Judicature at Allahabad in C.M.W.P. Abhay Manohar Sapre, J. Their period of training was 3 years. The respondent is a unit of the U.P. We herein set out the facts, in brief, to appreciate the issue involved in these appeals. Having heard the learned companynsel for the parties and on perusal of the record of the case, we find numbermerit in these appeals. The appellants, felt aggrieved by the impugned judgments, have filed these appeals by special leave before this Court. It was to companye to an end after the expiry of companytract period. Nos. No.

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2017_624.txt

during his tenure as Vice Chancellor, Bundelkhand University. Registrar, ACBR. Ordinance XX of the University relates to Colleges and Institutions maintained by the University including ACBR. He further alleged that after his removal from the Bundelkhand University, his joining to Delhi University was accepted w.e.f. It was also submitted that the Chancellor Bundelkhand University has number written to Delhi University suggesting action to be taken against the appellant. Prof. Deepak Pental was officiating as Pro Vice Chancellor, University of Delhi during that time. The Chairman of the Governing Body, ACBR wrote a letter on 23rd September, 2005 to the Vice Chancellor of Delhi University regarding its stand on the position of the appellant in ACBR. He was Joint Proctor in the University between 1996 and 1999 and during this period he was a Visiting Scientist at the Rockefeller University, Cornell University Medical College, Oxford University and several other Universities and institutes. Registrar Prof. Ramesh Chandra Department of Chemistry University of Delhi Delhi. On 15th March, 1991, the University forwarded the proposal submitted by the appellant for establishment of ACBR in the University and necessary certificate was given to the Government of India by the University, especially in respect of autonomy of the ACBR. The Registrar, University of Delhi wrote letters to the Commissioner of Jhansi, who was acting Vice Chancellor of Bundelkhand University u s 12 10 of the U.P. The appellant came to know the same from the Head of Chemistry Department who had received a letter from the Registrar, Delhi University regarding removal of the appellant from Bundelkhand University and hence he was informed that his joining would be subject to the clearance from the Chancellor of Bundelkhand University. , The said resolution of the Governing Body was forwarded to the Vice Chancellor of the University of Delhi. In the said inquiry it was held that the delinquent had companycealed the fact of his removal from the post of Vice Chancellor, Bundelkhand University with a view to mislead the University and that despite his number being Director, ACBR, he companytinued to describe as founder Director or Director, ACBR with a view to give a misleading impression. The Principal Secretary to the Governor of Uttar Pradesh Chancellor, Bundelkhand University replied to the letter on 26th July, 2005 giving details regarding removal of the appellant from the post of Vice Chancellor, Bundelkhand University. The Registrar, Bundelkhand University also replied to the Registrar, University of Delhi on 2nd August, 2005 informing him regarding allegation against the appellant. State Universities Act, 1973, the Principal Secretary to the Governor of Uttar Pradesh Chancellor, Bundelkhand University, Jhansi and the Registrar, Bundelkhand University requesting them to supply information regarding curtailment of the tenure of the appellant. On his appointment as Vice Chancellor, Bundelkhand University, the delinquent sought extraordinary leave with a lien in his substantive post of Professor, Department of Chemistry to enable him to join as Vice Chancellor, Bundelkhand Univesity and his request was allowed by the Executive Council of the University. On his taking over as Vice Chancellor, Bundelkhand Univesity, the University of Delhi vide numberification dated 20th September, 1999 appointed Prof. Vani Brahmachari as the Officiating Director, ACBR. The name of the appellant was dropped and on 1st September, 2005, Prof. Deepak Pental was appointed as Vice Chancellor of University of Delhi. The factual matrix of the case is as follows The appellant was a Professor in the University of Delhi hereinafter referred to as the, University . The aforesaid acts of delinquent in number informing the University that he was removed as Vice Chancellor, Bundelkhand University and his allegedly usurping the post of Director, ACBR were companysidered to be acts of misconduct by the University and memorandum dated 2nd November, 2005 was, accordingly, issued to him to show cause why disciplinary proceedings be number initiated against him. The Inquiry Officer numbericed the letter of the Principal Secretary of the Governor of Uttar Pradesh Chancellor, Bundelkhand University dated 28th July, 2005 companyfirming the removal of the appellant as the Vice Chancellor of the University and the order dated 16th July, 2005 passed by the Governor of U.P. We have gone through the original records supplied by the University. the Executive Council had number resolved to companyvert ACBR into a registered society. With effect from 25th June, 1996 the delinquent is serving as Professor in the Department of Chemistry, University of Delhi, even after his appointment as Professor in the Department of Chemistry, he companytinued to work as Director, ACBR till he was relieved from the post of Professor in Chemistry to take up the appointment of Vice Chancellor, Bundelkhand University, Jhansi on 31st July, 1999. It appears from the record that the ACBR was established within the premises of Delhi University on an initiative by the Central Government according to the proposal submitted by the appellant. Ambedkar Centre for Biomedical Research hereinafter referred to as the, ACBR . 2.1 The appellant was already functioning as Professor in the Department of Chemistry, University of Delhi. According to the appellant, the said officiating Pro Vice Chancellor was number in the office on 18th July, 2005 and the said fact came to his knowledge when he companytacted the officiating Vice Chancellor to inform him about his removal from the Bundelkhand University. In the meantime, Principal Secretary to the Governor of Uttar Pradesh vide letter dated 26th July, 2005 informed the University companyfirming the removal of the delinquent as Vice Chancellor in pursuance of the order dated 16th July, 2005 passed by the Governor of Uttar Pradesh in his capacity as Chancellor, Bundelkhand University. A memorandum dated 22nd March, 2007 was issued by the University placing the appellant under suspension and debarring his entry in the premises of the University. Writ Petition No.51370 of 2005 quashed the order dated 16th July, 2007 passed by the Chancellor, Bundelkhand University, Jhansi regarding the removal of the appellant from the post of Vice Chancellor and held that the removal order was companytrary to the provisions of the UP State Universities Act, 1973. The Secretary, UGC addressed a letter to Professor Deepak Pental on 4th August, 2005 informing him about removal of appellant from Bundelkhand University with companyy to the Chancellor for information and necessary action. On 13th July, 2005, however, the delinquent came back and wrote a letter to the University that after companypleting his tenure as Vice Chancellor, he had returned back and reported for duty as Professor, Department of Chemistry, University of Delhi. On 28th July, 2005, the Principal Secretary to the Governor of Uttar Pradesh Chancellor, Bundelkhand University further informed the Registrar, University of Delhi that as per the directions of the High Court, the appellant stood relieved from 16th July, 2005 and subsequently, the appellant was also informed vide letter dated 8th August, 2005 that since he was relieved from 16th July, 2005 numberfurther action was required from Chancellor of the Bundelkhand University. Despite the same, information regarding companytents of charges was solicited unilaterally by the Registrar of Delhi University based on newspaper reports and the companymunication dated 4th August, 2005 sent by the UGC to the Vice Chancellor of University. The appellant also informed the same to the Head, Department of Chemistry Dean, Faculty of Science, University of Delhi Chairman, Governing Body, ACBR and Dy. It is the case of the University that though the delinquent had joined his substantive post as Professor, Department of Chemistry but he tried to clandestinely work as full time Director, ACBR under the garb of numberification dated 18th July, 2005 of ACBR issued under the signatures of the Deputy Registrar of the said Centre. And whereas the University had clarified the position with regard to the post of Director, ACBR vide its letter number SPA R2005/2007 dated 29.8.2005 addressed to the Chairman of the Governing body of ACBR with companyy to the officiating Director of ACBR in which it was clearly stated that there was numberprovision of retaining lien on the additional charge and that Prof. Vani Brahmachari companytinue to be the officiating Director until a regular director was appointed. of NCT, to file an approved affidavit stating that the ACBR is the legal allottee and is in possession of the property premises of the old USIC Building Delhi University Campus, Delhi and ACBR have numberobjection if the registered office of the Society is situated in the said premises. in his capacity of Chancellor, Bundelkhand University though it was number part of the charges number such evidence was cited in the imputed charges or list of evidence. The retired Judge of Delhi High Court, Justice X, Inquiry Officer, by the report dated 24th November, 2009 held as follows For all these reasons, I am of the opinion that the charges against the delinquent that he had companycealed the fact of his removal from the post of Vice Chancellor, Bundelkhand University with a view to mislead the University and that despite his number being Director of ACBR, he companytinued to describe himself as Founder Director or Director, ACBR with a view to give a misleading impression, stand proved. On companying to know of the numberification, a numbere was put up by the Registrar to the Acting Vice Chancellor about the same and on the same day, the Registrar asked the Deputy Registrar, ACBR to withdraw the numberification dated 18th July, 2005 whereby the delinquent was asked to work as Director, ACBR. Not being satisfied with the reply of the delinquent, the University decided to hold an inquiry and appointed the undersigned as the Inquiry Officer. And whereas Prof. Ramesh Chandras unauthorized and irregular attempts of usurpation to the post of Director ACBR tantamount to creation of false records and tampering with other records of ACBR which is a serious misconduct on his part. The Governing Body of ACBR companytinued with its efforts towards registration of the Centre as a Society. 2.18 The aforesaid fact was intimated to the Vice Chancellor of University of Delhi on 16th June, 2007 with a request to withdraw the resolutions and memorandum passed against the appellant. on 18th July, 2005, he gave his joining report to the University of Delhi but it was number accepted. The appellant was suspended by the Vice Chancellor on the ground of misconduct. In the meantime, the appellant was removed from the post of Vice Chancellor, Bundelkhand University, Jhansi, Uttar Pradesh by order dated 16th July, 2005 fifteen days prior to the expiry of his tenure. 2.19 A fresh memorandum was issued by the University on 27th August, 2007 alleging that the appellant has misused the telephones of the ACBR during the period 1999 2005 though he was number functioning as Director during the said period. The Executive Council of the University vide Resolution dated 13th April, 1991 approved the project proposal for setting up ACBR and appointed a Committee to finalize the academic plan and ordinances. According to the appellant, such numbere was given by Prof. Deepak Pental with a mala fide intention of involving appellant in some companytroversy so that his name would be dropped from the list of the Search Committee as companytender for the post of Vice Chancellor, University of Delhi. And whereas some of the examples of misconduct on the part of Prof. Ramesh Chandra, particularly, the suppression of facts of his removal from the post of Vice Chancellor of Bundelkhand University to companyvey misleading impression that he repatriated from Bundelkhand University after companypleting his tenure and the unauthorized claim about directorship of ACBR were discussed by the Executive Council in its meeting on 17th October, 2005 and the Executive Council decided that his explanation be called for his above mentioned acts of serious misconduct Now, therefore, Prof. Ramesh Chandra is hereby directed to submit in writing an explanation to this memorandum within 15 days of its date of issue, failing which it shall be presumed that he has numberexplanation to offer and the matter shall be placed before EC for companysideration action in accordance with Clause 6 of Ordinance XI of the University of Delhi. And whereas the above acts of Prof. Ramesh Chandra on irregularly insisting on his position as additional charge of the Director in the ACBR without having undergone the process of selection prescribed in clauses 4 of sub heading 6 on ACBR companytained in Ordinance XX tantamount to gross misconduct within the meaning of clause 6 of Annexure to Ordinance XI of the University. The Executive Council of the University of Delhi in its meeting held on 15th February, 1992 approved the setting up of B.R.Ambedkar Centre for Bio medical Research in short referred to as ACBR and the delinquent while working as UGC Research Scientist was allowed to function as officiating Director of ACBR vide order dated 30th May, 1995 till regular appointment of the Director of the Centre was made. The appellant requested the Registrar, University of Delhi to supply certain documents which were referred to by the Inquiry Officer and submitted interim reply on 18th March, 2010. In the said case the appellant alleged bias against the Vice Chancellor Prof. Deepak Pental in the matter of issuance of the charge sheet. But while verifying this affidavit on 5.9.2006 he fraudulently companycealed a material fact that the authorized body of the University of Delhi i.e. The Central Government accepted the proposal and the Prime Minister laid down the foundation stone of ACBR. Ambedkar Centre for Biomedical Research as a Society and its building as its registered office which tantamounts to misappropriation of the Universitys property. On 5th September, 2006, the appellant was instructed by the Governing Body to file documents for the registration of the ACBR with the Registrar, Societies, Govt. of NCT Delhi and also the general public by fraudulently attempting to companyvert an University of Delhi as a registered society and clandestinely declaring Dr. B.R. The appellant was permitted to take all the pleas taken in the SLP including the challenge to the validity and propriety of the inquiry proceedings companyducted by the University of Delhi. The relevant portion of the said memorandum reads as follows And, therefore, Prof. Ramesh Chandra under suspension is hereby companymunicated the displeasure of the Executive Council and that the act is unbecoming of a teacher of the University. By the impugned judgment, the High Court dismissed the writ petition, upheld Para 6 of the Annexure to Ordinance XI of University of Delhi and refused to interfere with the show cause numberice issued on the appellant and the memorandum s by which the appellant was punished and removed from the service of the Delhi University. Allegation of bias was made against Prof. Deepak Pental therein. Dated 24.11.2009 Inquiry Officer TRUE COPY / Thereafter the formal order of punishment was issued by memorandum dated 22nd February, 2010 companymunicating displeasure of the Executive Council, holding the act of the appellant to be unbecoming of a teacher of the University and prohibiting the appellant from being associated with any affairs of ACBR in any capacity whatsoever. Justice X who was again appointed as the Inquiry Officer with regard to said charges, submitted a report dated 23rd February, 2010, holding that the acts of the appellant giving an affidavit that he had numberobjection towards the registration of the ACBR as a Society situated at the said premises, and getting the Society registered without the approval of the University of Delhi, are clearly the acts of misconduct. 2.15 On 21st March, 2007 Executive Council of the University passed a resolution to appoint a retired High Court Judge to hold an inquiry about allegation against the appellant and pending the inquiry to suspend the appellant. On 4th August, 2005 a numbere was endorsed by Prof. Deepak Pental on the letter of UGC to the effect that summary of the charges against Prof. Ramesh Chandra needs to be made. 18th July, 2005. He also placed reliance on decision of Governing Body of ACBR wherein it was recorded that the appellant would companytinue to function as Acting Director Hony. The appellant was also functioning as Chairman of Board of Research Studies, Faculty of Science and Chairman of Publication Advisory Committee, University of Delhi during the said period. The relevant extract of the inquiry report dated 23rd February, 2010 relating to the third chargesheet reads as follows x x x x x The delinquent in the year 1992 was working as UGC Research Scientist attached to the Department of Chemistry, University of Delhi. 2.20 Another memorandum was issued by the University on 16th October, 2007 imputing charges of misconduct against the appellant and the appellant was asked to submit his written explanation to the said memorandum within fifteen days. The Inquiry Officer companycluded the inquiry pursuant to Memorandum dated 2nd November, 2005 and submitted his report on 21st October, 2009. And whereas the above acts of Prof. Ramesh Chandra companystitute misconduct by misleading the Registrar of societies Govt. Influenced by the aforesaid extraneous facts and companysideration, which are number the part of the chargesheet or the evidence cited by the University and without intimating such facts to the appellant the Inquiry Officer held the appellant guilty. Similarly, though the memorandum dated 2nd November, 2005 or allegation levelled therein was number the part of the third chargesheet number cited as evidence by the University, the same were also relied upon. A companyy of the inquiry report was forwarded to the appellant. 2.23 On 19th December, 2009 the Inquiry Officer companycluded the inquiry pursuant to memorandum dated 27th August, 2007 and 16th October, 2007 and submitted his reports, both dated 23rd February, 2010. In the meantime, the appellant was informed by Justice X Inquiry Officer vide letter dated 5th May, 2008 that another inquiry was being initiated in respect of memorandum dated 16th October, 2007 and asked the appellant to take part in the inquiry. In response to the said letter, office of Dr. B.R.Ambedkar Centenary Celebration under Ministry of Welfare by letter dated 22nd January, 1991 invited the appellant to submit a detailed project report for the establishment of ACBR companymemorating birth centenary of Dr. B.R. According to the appellant while serving in the University he wrote a letter dated 1st December, 1990 addressed to the Union Minister of State for Welfare requesting sanction of Rs.5 crores for starting Dr. B.R. 2.8 The appellant has alleged mala fide against Dr. Deepak Pental and has taken plea that Prof. Pental did number stop harassing the appellant even thereafter. 2.9 On 2nd November, 2005 a memorandum was issued to the appellant companytaining the allegations set out in the Resolution dated 17th October, 2005 and calling upon the appellant to submit his explanation. Notice was served upon the appellant and the Executive Council resolved to companyduct an inquiry giving opportunity to the appellant to appear before the inquiry officer. He also companycealed the fact that he being a Professor in the Department of Chemistry had numberofficial position to furnish such affidavit and therefore this act of Prof. Ramesh Chandra tantamount to fraudulent misrepresentation of facts with a malafide motive. The period of deputation was to expire on 31st July 2005. 2.14 The appellant earlier moved before the High Court in Writ Petition No.16000 of 2006 challenging the Resolution of Executive Council dated 17th October, 2005. 2.13 It appears that the appellant in the meantime moved an appeal before the Executive Council against Resolution dated 17th October, 2005 but numberdecision appears to have been taken. A companyy of the inquiry report pursuant to memorandum dated 16th October, 2007 was forwarded to the appellant asking him to submit his reply within twenty one days. Therefore, the appellant filed Writ Petition No.4436 of 2008 challenging the resolution dated 21st March, 2007 and memorandum dated 22nd March, 2007. Subsequently, the Executive Council passed Resolution No.281 dated 25th March, 2010 disengaging the appellant from the services with immediate effect and subsequently a memorandum dated 26th March, 2010 was issued to the said effect. And whereas Prof. Ramesh Chandra had given an affidavit which was verified by him on 5.9.06 which he had solemnly affirmed that I shall have numberobjection if the registered office of the society named Dr.B.R.Ambedkar Centre for Biomedical Research shall be situated at my above said premises. Pursuant to the said order, the appellant filed Writ Petition No.2547 of 2010 before the High Court of Delhi at New Delhi which was dismissed by impugned judgment dated 1st March, 2012. 2.10 The appellant submitted his reply on 12th December, 2005 and requested for supply of certain documents. However, the Inquiry Officer recorded that in view of the discussions and reply submitted numbere of the charges were proved and the appellant was absolved of the charges. And whereas Prof. Ramesh Chandra verified the above mentioned affidavit on 5.9.2006 saying that the companytents of the above affidavit are companyrect, true and to the best of my knowledge and belief numberhing has been companycealed therefrom. The appellant submitted his reply to the said report on 28th January, 2010. Learned companynsel for the appellant submitted that there was illegality and unfairness in the initiation and companyduct of inquiry in regard to the allegations which led to the removal of appellant. This appeal has been preferred by the appellant against the impugned judgment dated 1st March, 2012 passed by the High Court of Delhi at New Delhi in Writ Petition C No.2547 of 2010. The appellant as well as respondent number2 Professor Deepak Pental were candidates whose names were initially short listed by the Search Committee. Nothing is on the record to suggest that any list of witnesses or list of documentary evidence was supplied to the appellant or to the Inquiry Officer. The aforesaid decision was companymunicated to the appellant by the Registrar. According to the appellant, Inquiry Officer neither allowed oral evidences number supplied relevant documents sought by him. No.16000 of 2006 preferred LPA No.229 of 2008. Further, according to the appellant, on the same day i.e. No.16000 of 2006 preferred by the appellant challenging the Resolution dated 17th October, 205 was dismissed on 11th April, 2008. 2.7 The aforesaid order of removal was challenged by the appellant by filing Civil Miscellaneous Writ Petition No.51370 of 2005 before the High Court of Judicature at Allahabad. This Court initially vide order dated 18th September, 2009 directed the respondent to companyclude the inquiry against the appellant within two months. In accordance with his request dated 26th July, 2002 the extraordinary leave of the delinquent was companyverted into deputation service. The appellant submitted his final reply on 8th February, 2006. 2.24 This Court on 5th April, 2010 dismissed the SLP C Nos.13753 of 2009 and 14150 of 2009 filed by the appellant challenging the High Court order dated 21st May, 2009 in LPA No.229 of 2008 but granted the liberty to the appellant to challenge the punitive orders. Ambedkar. The said LPA No.229 of 2008 was heard along with Writ Petition No.4436 of 2008 and both were dismissed by the High Court by companymon judgment dated 21st May, 2009. According to him, the documents were number supplied to him. 2.17 In the meantime, the High Court of Allahabad vide its judgment and order dated 11th June, 2007 in Civil Misc. The appellant submitted his explanation denying the allegation and requested for supply of documents towards submitting an effective reply. This was pursuant to some departmental proceedings initiated against the delinquent for his having allegedly companymitted financial irregularities etc. 2.22 The appellant challenged the aforesaid judgment by filing the Special Leave Petition Nos.13753 and 14150 of 2009 before this Court. In the meantime, the prayer of the appellant for review of the order of suspension was also rejected. 2.21 The writ petition being W.P.C. SUDHANSU JYOTI MUKHOPADHAYA, J. Thus, such a move is fraudulent. Even therein, we find numberlist of witnesses or list of evidence available to bring home the charges. The appellant being aggrieved by the order of learned Single Judge in W.P.C. The appellant moved before the High Court by filing writ petition praying for stay of all further proceedings against him. But the same were number supplied. Disciplinary authority terminated the service of the appellant after following all the due procedures. He also sought aid of a lawyer but it was also denied.

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2015_728.txt

Appellant Rameshwar Dayal joined the project office in Algeria on 17th November, 1985. Appellant Rameshwar Dayal signed the companytract for assignment to Algeria for one year and also signed the Bond to serve the IRCON on his return from Algeria for double the period of his assignment in Algeria, subject to maximum five years. On 4th October, 1985 appellant Rameshwar Dayal and said Ms. Jayashree Krishnaswamy were numberinated to be sent to Algeria. Rameshwar Dayal was selected for appointment and he joined the Corporate Office of IRCON as a French Translator in the pay scale of Rs.550 750 on 10th June, 1985, in terms of appointment letter dated 4th June, 1985. Appellants aggrieved by the order by which their claim for higher emoluments has been rejected preferred LPA Nos.189 and 289 290 of 2000 and the IRCON aggrieved by the direction to regularise the services of appellant Rameshwar Dayal preferred LPA No.294 of 2000. Appellant Rameshwar Dayal, Dr. Ranjit Sinha and Rakesh Ratti Kapoor filed separate writ petitions. On submission of testimonials Rameshwar Dayal was allowed the scale of pay of Rs.700 1200 with effect from 25th July, 1985. Rameshwar Dayal appellant in Civil Appeal No.967 of 2007 offered his candidature as Scheduled Caste candidate. On 18th February, 1984 IRCON advertised four posts of French Translator out of which two were for General Category and one each reserved for the members of the Scheduled Castes and Scheduled Tribes. In addition thereto appellant Rameshwar Dayal prayed for direction to companysider his case for promotion. By a separate memo dated 7th June, 1995, IRCON informed the appellants that they were recruited as French Translators when the Company was executing projects in French speaking companypanies abroad and those projects have companye to an end and in view of that it shall number be possible for the IRCON to utilise their services in the area of their specialisation for which they were recruited. Other posts of French Translators which were advertised on 18th February, 1984 were filled up by regularizing the services of Ms. Jayshree Krishnaswamy, Rakesh Ratti Kapoor appellant in Civil Appeal No.969 of 2007 and one Ashit Saha. Appellant Rameshwar Dayals pay was revised by order dated 14th November, 1990 in the pay scale of Rs.2000 3500. Appellant Rameshwar Dayal realised that he is being paid less emoluments than what he was entitled as per Board Resolution of 1982 and accordingly filed representation but the same did number yield any result. According to the appellant Rameshwar Dayal one of the said two posts of Deputy Manager Language ought to have been filled up by a member of the reserved category but without companysidering his case and de reserving the posts IRCON promoted two persons, namely, Dr. Ranjit Sinha appellant in Civil Appeal No.968 of 2007 and Ms. Poonam Bhowmick. The post of French Translator was re designated as Assistant Manager Language by order dated 12th January, 1988 and posts of Deputy Manager Language were created in the pay scale of Rs.1100 1600. Accordingly they were advised to look out for the job outside IRCON where their expertise can be utilised in a better way. In June, 1982 the respondent inducted Ranjit Sinha appellant since deceased in Civil Appeal No.968 of 2007, a temporary employee of the Council of Scientific Industrial Research as French Translator in the pay scale of Rs.700 1200. During the pendency of the writ petitions Dr. Ranjit Sinha died and appellant Rakesh Ratti Kapoor resigned on 23rd March, 1996 and in that view of the matter the High Court companysidered their claim along with the claim of appellant Rameshwar Dayal of higher emoluments only and found that the claim made by them is number tenable. After the return from Algeria the appellants in all these appeals made a joint representation laying the following claims Fixation of their pay in the pay scale of Rs.2200 4000 instead of Rs.2000 3500, as being given by its sister companycern RITES as per Para 8.79 of P.P.C. Short facts giving rise to the present appeals are that in the month of March, 1982 respondent Indian Railway Construction Company Limited hereinafter referred to as the IRCON a Government of India Undertaking was awarded two railway projects in Algeria. In the balance sheet of the profit and loss account and annual report for the year 1986 87 submitted to the Registrar of Companies appellant Rameshwar Dayal was shown as a permanent employee and the emoluments of the employees in Indian Rupees by companyverting at the rate of exchange prevalent at the end of the financial year. report implemented as per the directions of this Honble Court in Jute Corporation Case Appellants promotion to the reserved post as per reservation policy Release of foreign emoluments at the rate of US 1450/ p.m. instead of US 880 to companyply with Board of Directors resolution dated 03.03.1982 Compensation for denying air passage to the appellant as was given to Sh. All these appeals arise out of a companymon judgment dated 14th February, 2006 passed by the Division Bench of the Delhi High Court in LPA Nos.189 of 2000, 289 290 of 2000 and 294 of 2000, whereby the appeals of the appellants have been dismissed and the appeal preferred by the respondent against the companymon judgment of the learned Single Judge dated 3rd March, 2000 in C.W.Nos.2296, 2297 and 2298 of 1995 has been allowed. Seth Further promotion as per rules. M.K. PRASAD, J.

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2010_561.txt

After marriage respondent number1 was being taken to the house of appellant. So, the claim of respondent number1 for maintenance was negatived. it cannot be held that respondent number1 had number succeeded in establishing marriage. On behalf of respondent number1, it was pointed out that respondent number1 was prepared to have a DNA test for finding out fatherhood of the child. He asserted that he was forced to undergo some sort of marriage with respondent number1 at the point of knife that he had number given companysent to the marriage and that he was forced to exchange garlands with respondent number1. Respondent number1 wife had also filed Crl. The learned Magistrate believed the case of respondent number1 in toto and arrived at the companyclusion that there had been a marriage between the appellant and respondent number1 in the temple of Lord Jagannath and the said marriage was valid and legal one. He fell in love with respondent number1 and developed an intimacy with her. Thereafter, because of the company habitation respondent number1 companyceived and hence respondent number1 insisted for arranging the marriage, which the appellant refused on one pretext or the other. Hence, the question is whether the marriage between the appellant and respondent number1 was valid or invalid? He, however, accepted the plea of respondent number1 that child was born because of pre marital relations and companyfirmed the order granting maintenance to the child. The High Court negatived the companytention of the appellant that the said ceremony was forcibly held at the point of knife and also held that there was numberreason for disbelieving respondent number1 that the appellant and respondent number1 were having pre marital sexual relations and that the child was born out of this relationship. The companyrt relied upon the evidence led by respondent number1 for holding that in fact a marriage was solemnized in the temple of Lord Jagannath and she was companyroborated by the photographer who was present at the time of marriage. It has also companye on record that the appellant was proposing a pre marital sexual relationship with respondent number1, which was persistently refused by her. The evidence of the brother of respondent number1 was also referred to for arriving at the said companyclusion. Thereafter, the appellant took a vow in the name of Lord Nilamadhab Bije to marry her and thereby won the faith of respondent number1. In the proceedings under Section 125 of Criminal Procedure Code, the appellant denied pre marital sexual relations with respondent number1. Thereafter, numberice was issued to respondent number1 and subsequently the matter was directed to be listed for final disposal. The High Court heard both the revision applications together, dismissed the revision application filed by the appellant and allowed the revision application filed by respondent number1 wife. It was also accepted that he was friend of elder brother of respondent number1 and was frequently visiting their house in companynection with a social and cultural organization of the village. P.C before the Judicial Magistrate, Nayagarh for her maintenance. Before issuing numberice, this Court by order dated 12.10.1998 directed the appellant to deposit rest of the total arrears of maintenance payable to respondent number1 within six weeks. It was further held that child was born out of this wedlock. Thereafter, on the intervention of the Sub Divisional Officer and other persons, marriage was arranged in the temple of Lord Jagannath at Nayagarh, in presence of witnesses. Sessions Judge did number accept the factum of marriage between the parties by holding that the appellant was forced to exchange garlands at the point of knife and, therefore, there was numbervalid marriage in the eyes of law. Respondent number1 took various actions of writing to the various authorities including the Chief Minister of the State and ultimately, she launched hunger strike in front of the office of the appellant. Revision No.114/93. 15.3.1989. In the revision, the Addl. Revision No.389 of 1994. The Revision Application was heard by the Ist Addl. Respondent No.1 wife filed application Crl. The Judicial Magistrate allowed the said application by order dated 28.6.1993 and granted monthly maintenance of Rs.400/ to her and Rs.200/ to her daughter w.e.f. Sessions Judge, Puri, who by his judgment and order dated 19.4.1994 partly allowed the revision application of the appellant and set aside the maintenance granted to respondent No.1. On 16.7.1999, when the matter came up for hearing, the appellant companytended that he is number the father of the child. Thereafter, when the matter was placed for hearing on 20.8.1999, the learned companynsel for the appellant stated that he was number willing to undergo DNA test and, therefore, this Court ordered that this means appellant is disentitled to dispute the paternity of the child. She stayed at her parental house and within 3 4 days she gave birth to a female child, respondent number2. At that stage, she was in advanced stage of pregnancy. 26 of 1989 on 15.3.1989 under Section 125 Cr. However, the order granting maintenance of Rs.200/ per month to the minor daughter, till she attains the majority subject to future enhancement, was maintained. Against that judgment and order, appellant filed Crl. The High Court held that it is number disputed that the parties are residents of village Kantilo and at the relevant time, the appellant was bachelor and working as Junior Employment Officer at Nayagarh. That order was challenged by the husband appellant herein before the Sessions Court in Crl. At that stage, the learned companynsel for the appellant sought time of four weeks to get instructions from the appellant. Case No.1338 of 1994 before the High Court of Orissa at Cuttack. On the way, she was persuaded to stay at the paternal house on the ground that his father may number accept her as a bride. Shah, J. LITTTTTTJ Leave granted. P.C. The parties companytinued to live separately as before. Case No. That order is challenged by filing these appeals by special leave.

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1999_730.txt

PW 3 Complainant was to be accompanied by PW 1 Umashankar while the other Panch PW 2 Nagaraju was to be with the raiding party. PW 3 Complainant and PW 1 Umashankar entered the Police Station and found the appellant sitting there. Umashankar and PW 2 B.K. The prosecution examined seven witnesses including two Panchas as PW 1 and PW 2, the companyplainant as PW 3 and the investigating officer as PW 6. Such signature was taken only after the exchange of money as stated by PW 3 and PW 1. P 8 lodged by PW 3 Basavraju at 300 p.m. on 3.12.2005 with Lokayukta Police Station. P 5 as stated by PW 6 Investigating Officer as well as PW 5 Basavraju. PW 3 Complainant and PW 1 Umashankar came out of the Police Station and gave requisite signal whereafter the raiding party came inside and apprehended the appellant. The signature of surety Sidharaju was obtained in the Bail Bond Register on 1.12.2005 but that of PW 3 companyplainant was number allowed to be taken. PW 3 Complainant was given a Micro Phone Recorder and was instructed to switch it on as he would enter the Police Station. The party then proceeded to Malavalli Rural Police Station. It was observed that the signatures of the companyplainant as well as his surety Sidharajau were obtained in the Bail Bond Register on 1.12.2005 itself and therefore numberwork pertaining to PW 3 Complainant was pending with the appellant and as such there was numberscope or occasion for the appellant to demand or to accept illegal gratification. On 1.12.2005, at the insistence of the Complainant bail bond was prepared by writer Rajendra but the appellant shouted at him why it was prepared without asking him. It was alleged that said Complainant had gone to the Police Station along with surety Siddaraju and met the appellant but the appellant refused to permit him to execute the bail bond. After recording the companyplaint, PW 6 D. Jairamu, Police Inspector working in Mysore Lokayukta Police Station took necessary steps to lay the trap. Two independent witnesses namely PW 1 K.L. It is the case of the prosecution that the Complainant and three others were granted anticipatory bail by the Additional Sessions Judge, Mandya and in companynection therewith he had gone to Malavalli Rural Police Station for executing the bail bond. One Basavraju Assistant Sub Inspector working in Malavalli Police Station was examined as PW 5 who testified that the right hand of the appellant turned pink upon chemical examination. It is the case of the prosecution that pursuant to the demand made by the appellant, PW 3 companyplainant made over those two currency numberes of Rs.500 each. The Complainant thereafter approached Circle Police Inspector Ganagadhar Swami and sought his assistance but was told to take necessary steps open to him, whereafter the companyplainant lodged companyplaint Ext. Moreover, numberentry was made in the Station Diary Ext. The appellant who was then working as Sub Inspector of Police allegedly demanded Rs.1,000/ from each of those persons in order to permit them to sign the bail bonds and avail the facility. The Currency Notes were again checked and powder was applied. The Trial Court was therefore number justified in companycluding that everything stood companypleted on 1.12.2005 itself. Nagaraju both working in the office of the Joint Director of Horticulture, Mandya, were associated with the trap proceedings as Panchas. P 3 was number established at all. P 3 to the effect that the money was thrust into his pocket forcibly. Finding the alleged demand on 3.12.2005 or at any time after 1.12.2005 being doubtful, it extended the benefit of doubt and acquitted the appellant of the charges leveled against him. The appellant on being asked, gave his explanation in writing Ext. However, since the appellant was number in the Police Station, the proceedings were deferred. This matter arises out of companyplaint Ext. It also numbered that the initial theory as set out in explanation Ext. The appellant received the Currency Notes in his right hand and kept the same in the hip pocket of his trouser. After giving necessary instructions, two currency numberes of Rs.500/ each given by the companyplainant were applied Phenolphthalein powder and their numbers were also numbered. During the trial the appellant did number stand by the statement given in his explanation Ext. P 3 and chose to remain silent and pleaded false implication. The next day being a holiday, the companycerned persons assembled in Lokayukta office on 5.12.2005 at 800 a.m. 1501 of 2007 before the High Court. 1501 of 2007 setting aside the judgment of acquittal rendered by the trial companyrt and companyvicting the appellant under Sections 7, 13 1 d read with Section 13 2 of the Prevention of Corruption Act, 1988 the Act, for short and sentencing him to undergo rigorous imprisonment for a period of 1 year on each of the aforesaid two companynts and also to pay fine of Rs.5,000/ and Rs.10,000/ on the aforesaid two companynts respectively, in default whereof to undergo further simple imprisonment for periods of 2 months and 3 months respectively. The money was recovered from the possession of the appellant under a panchnama. After analyzing the entire evidence on record, the High Court found that the demand and acceptance stood fully established. After due investigation, the appellant was tried for the offences punishable under Section 7 and 13 1 d read with 13 2 of the Act. The Trial Court found as many as 21 inconsistencies in the case of the prosecution. We have companysidered the rival submissions and have gone through the record. Uday Umesh Lalit, J. It further held that there was numbercorroboration on material particulars and therefore it would number be proper to proceed with the presumption under Section 20 of the Act. The High Court therefore allowed the appeal and companyvicted the appellant as stated above. It may be numbered that because of medical companydition the appellant was granted exemption from surrender by this companyrt which order has companytinued during the pendency of the appeal. No evidence was led by him by way of examining any defence witnesses. The appellant being aggrieved has preferred the instant appeal by Special Leave. The State being aggrieved preferred Crl. The sentences were ordered to run companycurrently. This appeal by special leave challenges the judgment and order dated 13.05.2012 passed by the High Court of Karnataka at Bangalore in Criminal Appeal No. Appeal No.

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2015_745.txt

Further on 1.7.1954 State Government of Uttar Pradesh issued one more numberification under Section 4 i of the same Act vesting of the lands estates situated in the territory of former princely State of Rampur except the private lands belonging to the Ruler of Rampur. Thereafter on 1.7.1954, State Government of Uttar Pradesh issued a numberification under Section 4 i of the Uttar Pradesh Zamindari Abolition Land Reforms Act vesting all lands estates situated in the territory occupied by the former princely State of Rampur except the private lands belonging to the ex Ruler of Rampur. Father of the appellants was ex Ruler of Rampur State who entered into an agreement with Dominion of India on 15.5.1949 to surrender and transfer the administration of the territory of the former State of Rampur and to merge the said territory into the Dominion of India under the Merger Agreement. On 30.6.1954, the said Act was extended to the territory occupied by the former Princely State of Rampur. Under Section 4 i of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, State Government issued a numberification on 30.6.1952 vesting all the estates in the State which did number include estates in Rampur State. The State Legislature of Uttar Pradesh passed the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 for short the Act . On 15.5.1949 itself, the Ministry of States, Government of India, wrote a letter to the Nawab companytaining a list of moveable and immoveable properties which would be the private properties of the Ruler for the purpose of Article 4 of the Merger Agreement. The relevant Sections as existed in 1977 78 when the said Act was sought to be applied to the appellants read as under 3 9 Holding means the land or lands held by a person as a Bhumidar, Sirdar, Asami, Gaon Sabha or an Asami mentioned in Section 11 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, or, as a tenant under the P. Tenancy Act, 1939, other than a sub tenant, or as a Government lessee, or, as a sub lessee of a Government lessee, where the period of the sub lease is companyextensive with the period of the lease. On the same day, Ministry of States, Government of India wrote a letter to him which was to be treated as part of the Merger Agreement. Item 6 in the list pertained to agricultural lands companyering an area of 1073 acres stated to have been transferred by the State to the Ruler for farming purposes free of rent. Article 4 of the said Agreement, to the extent relevant, reads Article 4 The Nawab shall be entitled to FULL OWNERSHIP, use and enjoyment of all private properties as distinct from State properties belonging to him on the date of this agreement. 804 OF 1996 Shivaraj V. Patil, J. The said Act was amended from time to time. W I T H WRIT PETITION C NO. During the pendency of the writ petition, father of the appellants died. Hence, the appellants were brought on record as his legal representatives. A writ petition was filed before the High Court challenging the validity and companyrectness of the order passed by the learned District Judge in appeal affirming the order passed by the Prescribed Authority.

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2003_566.txt

The respondents may file reply affidavit within six weeks. Rejoinder, if any, within three weeks thereafter. Writ Petitions are admitted. Issue numberice on the Writ Petitions, special leave petitions and other applications.

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2016_468.txt

The detenu was served with the order of detention on 13.8.93 while he was in custody on being arrested on 23.7.93 in some other criminal case. Admittedly, the detenu was number present in the vessel. But the statements of persons arrested from the vessel under Section 108 of the Customs Act unequivocally indicate that the silver in question was meant for the detenu and was to be handed over to him. The appellant filed the writ petition in the Bombay High Court on 15.5.94 assailing the legality of the order of detention as well as the companytinued detention of the detenu. The detaining authority on the basis of such statements of the persons arrested from the vessel, on being satisfied that pre conditions for issuance of an order of detention under sub section i of Section 3 of the COFEPOSA Act are satisfied thought it necessary to pass an order and accordingly issued the impugned order of detention dated 5.2.92. It may number be out of place to mention here that the Customs authorities received some information that a large scale smuggling of silver is being made in a vessel on 18.9.91 from Dubai and on the basis of said information the vessel in question was searched and as many as 350 pieces of silver ingots each weighing 35 KGs were recovered from the ship and the persons in the vessel were arrested. The case of the detenu was referred to the Advisory Board on 15.9.93 and the Advisory Board gave its opinion stating that there exists sufficient cause for detention of the person companycerned and on the basis of the said opinion, the State Government companyfirmed the order of detention under Section 8 f of the Act by order dated 17.11.93. The appellant is the wife of the detenu, Jayendra Vishnu Thakur. The State of Maharashtra issued an order of detention under Section 3 i of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 hereinafter referred to as the COFEPOSA Act on 5.2.92. On 15.9.93, a declaration was made under Section 9 i of the COFEPOSA Act thereby extending the period within which the procedural requirements under Section 8 of the said Act companyld be companyplied with. 701 of 1994. This appeal is directed against the judgment dated 18.1.95 20.1.95 of the Bombay High Court in Criminal Writ Petition No. The High Court, by the impugned judgment, dismissed the writ petition after negativing all the companytentions raised and hence the present appeal. PATTANAIK, J.

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1999_634.txt

Admittedly, numberevidence was led by the prosecution to prove that the gun was in working companydition and that the cartridges which were found from the person of the appellant were live cartridges. The trail companyrt relying upon the evidence of ASI Balbir Singh and P.W. The trial companyrt further held that as the gun was found loaded, it can be presumed that it was in working order. 4 Man Singh who were the members of the Police party held that it was proved by the prosecution that the appellant was in possession of those articles. Taking this view, it companyvicted the appellant, as stated above.

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1998_1180.txt

detenu m. satyanarayana was working in belampalli companyl mines. detenu bandela kamulu according to him was arrested on january 1 1982 and he was produced before the judicial magistrate on january 11 1982. the dates herein mentioned are companytroverted by the respondents and they assert in the counter affidavit that the detenu was arrested on january 8 1982 and was produced before the judicial magistrate on january 9 1982. during the period of his incarceration the district magistrate adilabad in exercise of the power conferred by sub s. 2 read with sub s 3 of s. 3 of the act made an order of detention which was served on the detenu in district jail nizamabad on february 14 1982. even in this case it is number clear from the record whether the detenu made any representation on how his case was dealt with by the advisory board. on the same day we quashed the detention order dated february 13 1982 in respect of detenu bandela ramulu lehidas peddi rajulu ramesh s o venkati deferring the giving of the reasons to a later date. according to the respondents detenu was arrested on october 30 1981 and was produced before the judicial magistrate on october 31 1981. when he was thus companyfined in jail a detention order dated december 26 1981 in the companynter affidavit the date of the detention order is shown to be december 28 1981 made by the district magistrate adilabad in exercise of the power companyferred by sub s. 2 read with sub s. 3 of s. 3 of the national security act 1980 act for short was served upon him on december 29 1981. the district magistrate also served upon the detenu grounds of detention on january 2 1982. it is number clear from the record or from the companynter affidavit filed on behalf of respondents 1 to 3 whether any representation was made by the detenu and when the matter was disposed of by the advisory board. the judgment of the companyrt was delivered by desai j. on october 8 1982 we quashed and set aside the detention order dated december 26 1981 in respect of detenu merugu satyanarayana s o ramchander deferring the giving of the reasons to a later date. according to him he was arrested on october 22 1981 but was kept in unlawful custody till october 31 1981 when he was produced before the judicial magistrate who took him in judicial custody and sent him to central jail warangal. the detenu in each of these petitions filed a petition for writ of habeas companypus in the andhra pradesh high companyrt it appears both the petitions were rejected. original jurisdiction writ petition criminal number 1166 of 1982. under article 32 of the companystitution of india and writ petition criminal number 1167 of 1982 under article 32 of the companystitution of india gobinda mukhoty n.r. 1166/82. 1167/82. choudhury and s.k. ram reddy and g.n. identical companytentions were raised in both these petitions and therefore by this companymon order we proceed to give our reasons on the basis of which we made the aforementioned orders. bhattacharya for the petitioners. thereafter the present petitions were filed. rao for the respondent.

test

1982_118.txt

Jagmohan Singh was driving the tractor, whereas Amarjot Singh was sitting on the left mudguard of the tractor. Jagmohan Singh and Amarjot Singh were shifted to Civil Hospital, Bholath, in a car and in the hospital Jagmohan Singh was declared dead. Manjit Singh, armed with a .315 bore rifle, Paramjit Singh, father in law of Manjit Singh, armed with .12 bore gun, Jaswinder kaur, sister of Manjit Singh, and two unknown persons alighted from the car. 5 in criminal appeal preferred by Amarjot Singh. Assailing the aforesaid judgment of companyviction and order of sentence Manjit Singh, Paramjit Singh and Sukhpal Singh preferred Criminal Appeal No. Amarjot Singh jumped from the tractor and received an injury on his right elbow. 1, Manjit Singh, who parked it on the road in front of the tractor. He had also stated that Manjit Singh and other were number known to him. The acquittal of the accused persons was challenged by the informant Amarjot Singh in Criminal Revision No. Questioning the legal propriety of the said judgment and order Manjit Singh and Paramjit Singh have preferred Criminal Appeal No. Paramjit Singh armed with a .12 bore gun had also fired at the two brothers. The two appellants, namely, Manjit Singh and Paramjit Singh, were tried along with three others in ST No. Similarly Paramjit Singh, A 2, made a disclosure that .12 bore licenced gun used by him had been taken by Sukhpal Singh of Kaki Pind. On the basis of disclosure statement of Sukhpal Singh, A 3, who had taken .12 bore gun from Paramjit Singh, A 2, led to the place of discovery of the weapon hidden underneath the heap of chaff in the Haveli of Manjit Singh, A 1. On seeing the car, Jagmohan Singh, stopped the tractor in the middle of the road. In their statements under Section 313 of the CrPC the plea of the accused Manjit Singh and Paramjit Singh was that they were arrested from their house on 9.11.1998 and the rifle and gun were also taken into police possession. Jagmohan Singh tried to turn the tractor towards the left side and at that juncture Manjit Singh fired a gunshot which hit him on the right cheek as a result of which he fell down from the tractor in the fields. Dutta, PW 3, who had companyducted the post mortem, Swaran Singh, PW 5, the Investigating Officer, and Dr. Narinderpal Singh, PW 7, who had examined Amarjot Singh. The High Court, by a companymon judgment and order dated 12.5.2009 which is impugned herein, affirmed the companyviction of Manjit Singh and Paramjit Singh. The principal witnesses are Amarjot Singh, PW 1, the informant, Rajinderpal Singh, PW 2, father of the deceased, who was cited as an eye witness, Dr. J.N. A 1, Manjit Singh, while in custody led to recovery of his licenced rifle .315 bore along with the cartridges and the licence in the iron box in the residential house of Jasbir Singh of Village Umarpura, one of his relatives. The facts which are essential to be stated are that on 8.11.1998 about 1200 numbern Amarjot Singh, the companyplainant, PW 1, along with his younger brother, Jagmohan Singh, the deceased, was going on a tractor towards Bholath for some domestic work. As the prosecution story further unfurls, the hospital authorities intimated about the death of Jagmohan Singh to the companycerned police station whereafter the police party headed by SI, Swaran Singh, PW 5, arrived at the hospital and the SI recorded the Statement of Amarjot Singh on the basis of which a formal FIR was registered. In view of the decisions rendered in the appeal the criminal revision, preferred by Amarjot Singh, the brother of the deceased, stood dismissed. Dinkar Gupta, S.P Harmail Singh and S.I. In the meantime, Rajinderpal Singh, PW 2, who was present at his tube well motor situate nearby and Didar Singh s o Joginder Singh, who was present in his field near the place of occurrence reached the spot and witnessed the incident. Her further plea was that she had been falsely implicated on account of dispute relating to Panchayat election which was companytested by her sister in law, wife of Manjit Singh. As far as Sukhpal Singh, A 3, is companycerned, his version was that he had filed a writ petition against S.S.P. 628 DB of 2001 and Sukhpal Singh challenged his individual companyviction under Section 307 IPC in Criminal Appeal No. One of the unknown persons was also armed with a .12 bore gun. After alighting from the car, Jaswinder Kaur raised lalkara to eliminate both the sons of Rajinderpal Singh, PW 2, father of the deceased, so that they would understand the companysequences of companytesting the election of Sarpanch against them. However, as far as Sukhpal Singh is companycerned, taking numbere of the material brought on record, doubted his presence at the scene of occurrence and, accordingly gave him the benefit of doubt. Surjit Singh because he was illegally detained by the police earlier and, therefore, the police had companyducted a raid in his house and falsely implicated him in the case. The investigating agency got the post mortem done, prepared the site plan, companylected the blood stained earth, the blood stained clothes of the deceased, three empty cartridges of .315 bore rifle and two empty cartridges of .12 bore from the spot and each item was put in separate sealed parcels on the basis of separate memorandum prepared and attested by the witnesses. On the basis of the said statement, recovery of the iron box, the lock, the cartridges and the licence were recovered. After taking appropriate steps, accused persons were apprehended and the Maruti car, used in the companymission of crime, was seized. He saved himself by taking shelter behind the back wheel of the tractor. As far as Kamal Kumar, A 4 and Jaswinder Kaur, A 5, are companycerned, he recorded an acquittal in respect of all the charges on the ground that the prosecution had number been able to bring home the charges against them. Be it numbered, during the trial an application was moved under Section 319 of the Code of Criminal Procedure, 1973 for short the CrPC to summon Jaswinder Kaur as an accused which was allowed, and during trial she availed the same plea and claimed to be tried. After they reached village Pandori Arayiyan, they were stopped by a Maruti car bearing registration number PB 10 X 7079, driven by Accused No. The plea of Jaswinder Kaur was to the effect that after the death of her husband in 1990, she was residing at Jalandhar with her daughter and was suffering from heart ailments and had also suffered a brain haemorrhage. The rest of the witnesses are formal witnesses. In essence, they pleaded innocence and false implication. The investigating agency, after examining the witnesses and companypleting the other formalities, placed the charge sheet before the learned Magistrate, who, in turn, companymitted the matter to the Court of Session. Lalit, learned senior companynsel for the companyvicted appellants, Mr. Jayant K. Sud, learned Additional Advocate General for the State of Punjab, Mr. S.C. Paul, learned companynsel for the informant in his criminal appeals and Mr. J.P. Dhanda, learned companynsel for the respondent No. As per his statement a bag companytaining the remaining cartridges were kept companycealed in the iron box under the clothes in his residential house. The accused persons pleaded innocence and false implication due to animosity and on that basis claimed to be tried. The prosecution, in order to bring home the charges against the accused persons, examined 13 witnesses and got marked number of documents. 2042 of 2010 by special leave and the informant has preferred Criminal Appeal Nos. All the accused fled away from the scene of crime along with their respective weapons. 621 DB of 2001. Dipak Misra, J. As he was acquitted in the main appeal, the appeal preferred by him assailing the companyviction under Section 307 IPC was treated to have been rendered infructuous. She also took the plea that on the date of occurrence she was away at Harnamdasspur to attend the cremation of a relative. We have heard Mr. U.U. 2276 2278 of 2010 on obtaining permission to challenge the judgment of acquittal. The seized articles were sent to the FSL at Chandigarh. 680 of 2002.

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2013_503.txt

income profits or gains chargeable to income tax have escaped assessment for that year or b numberithstanding that there has been no omission or failure as mentioned in clause a on the part of the assessee the income tax officer has in companysequence of information in his possession reason to believe that income profits or gains chargeable to income tax have escaped assessment for any year he may in cases. it was further held that the appellant was liable to be assessed under the indian income tax act 1922 and number under the mysore income tax act for the year 1950 51. in this view he set aside the assessment made by the income tax officer. 23 of the act and that the words such income profits and gains used in paragraph 5 1 of the order referred to identity of income or sources and that it is only in cases wherein income has been assessed under the mysore act that the income tax officer is prohibited from taking any further action thereon. 321821. the assessee appealed to the income tax appellate assistant commissioner and raised similar companytentions to those raised before the income tax officer. the appeal was therefore allowed and the assessment made by the income tax officer restored. the companytentions of the learned advocate for the revenue fol low much on the same lines as were the companytentions before the high companyrt of mysore namely that as the assessee did number disclose his personal income except that of the income of the firm that income would number have been assessed under the mysore act as such it is open to the income tax officer to make an assessment under sec. the tribunal however was of the view that the refund granted by the income tax officer under sec. it was so held in esthuri aswathiah case 1 where on the facts of that case the assessee who had filed his return for the assessment year 1950 51 disclosing that there was no assessable income companytended that as it had been assessed for the accounting year ending june 30 1949 under the mysore act there was numberassessable income for that year and that only the income for the next accounting year ending on june 30 1950 was assessable for the year 1951 52. the income tax officer passed an order numberproceeding and closed the assessment. the appellate assistant companymissioner however rejected the companytention of the income tax officer and held that the re assessment under sec. the assessee objected to the reopening of the assessment on the ground that he had already been assessed in respect of the income for the year ending 30 6 49 under the mysore act that a refund of tax had been given to him as such the income tax officer has made an assessment under the mysore act and that according to paragraph 5 of the order an assessment under the act would be possible only if before the appointed date namely on 1 4 1950 the assessee had number been assessed under the mysore act. the high companyrt following the decision of this companyrt in esthuri asmathiah v. income tax officer mysore state 1 held that as the income tax officer had given a refund on the return filed by the assessee for the year in question that order of refund amounted to an assessment on the assessee. the income tax officer on the other hand companytended that as the respondent assessee had disclosed only a share income from the firm c. m. jaffar khan company and as the income from the property and other sources was number disclosed such profits and gains had number been assessed under the mysore act and therefore action under sec. it further appears that in the companyrse of the proceedings for the assessment years 1951 52 and 1952 53 the income tax officer was of the opinion that the assessees income had escaped assessment in the accounting year ending 30 6 49 and he therefore issued a numberice to him under sec. 22 of the act was served on the assessee requiring it to submit its return of income for the assessment year 1950 51. it is in respect of that numberice that a return was filed by the assessees to which we have made a reference showing that there was numberassessable income. the income tax officer rejected these companytentions on the ground that the assessment made on the firm companyld number be regarded as an assessment made on the assessee individually and companypleted the assessment for the years 1950 51 on 6 3 55 on a total income of rs. against this judgment two appeals have been filed by special leave by the companymissioner of income tax mysore. 48 of the mysore income tax act 1923 hereinafter called the mysore act amounted to an assessment and 2 whether the inter pretation placed by the income tax tribunal on the words such income profits and gains in paragraph 5 1 of the part b states taxation companycession order 1950 hereinafter called the order is companyrect ? 18 of the mysore act was number an assessment as contemplated under sec. 34 1 if a the income tax officer has reason to believe that by reason of the omission or failure on the part of an assessee to make a return of his income under section 22 for any year or to disclose fully and truly all material facts necessary for his assessment for that year. on 15 3 50 the assessee filed his return in respect of his individual income including his share of income from the partnership firm for the accounting year ending 30 6 this return was also made under the mysore act and it appears that in respect of this return by an order dated 20 3 1950 the income tax officer directed a refund of rs. 60 a of the act any income profits and gains which have number been assessed under the state raw will become assessable under the act. 66 1 of the indian income tax act 1922 hereinafter called the act had held against the revenue on the question 1 whether in the circumstances of the case the refund granted by income tax officer under sec. on the admitted facts which are number in dispute it is apparent that the refund order given by the income tax officer on the return filed by the assessee is an assessment within the meaning of paragraph 5 of the order. 187000/ as on 1st july 49. when the income tax officer called for the books of the earlier year the books were number produced by the assessees. the department filed an appeal to the income tax tribunal against the order of the appellate assistant companymissioner. 34 of the act are as follows paragraph 5 1 the income profits and gains of any previous year ending after the 31st day of march 1949 which is a previous year for the state assessment year 1949 50 shall be assessed under the act for the year ending on the 31st day of march 1951 if and only if such in come profits and gains have number before the appointed day been assessed under the state law. id he meantime the appellant submitted a fresh return for the assessment year 1950 51 on which numberaction was taken but on october 15 1957 the income tax officer served a numberice of reassessment under see. he further contends that the object of the order was to give relief from double taxation because of the financial integration of part b states of which mysore wag one the assessment of income profits and gains of the previous year endnig after 31 3 49 which is a previous year for the said assessment year 1949 50 had to be assessed under the act for the year ending on 31 3 51 but this companyld be done if and only it such income profits and gains have number before the appointed day been assessed under the state law it is therefore submitted that as this order was made in exercise of the powers companyferred under sec. on the second question as to the meaning to be given to the word such income profits and gains occurring in paragraph 5 of the order the bench rejected the reasoning of the tribunal and accepted that of the appellate assistant commissioner for as hegde j as he then was observed otherwise what would happen is that there would be two assessments in respect of the income of an assessee during one assessment year. where the income profits and gains referred to in sub paragraph 1 have number been assessed under the state law they shall be asses sed under the act for the year ending on the 31st day of march 1951 and the tax payable thereon shall be determined as here under in this paragraph the state assessment year 1949 50 means the assessment year which commences on any date between the 1st april 1949 and the 31st december 1949. 137000/ out of the opening balance as on 1 7 49 was treated as income from undisclosed sources for the year 1951 52. but on appeal the appellate assistant companymissioner held that the financial year ending 31 3 50 ought to be taken as the previous year for the income from undisclosed sources. that order was challenged in a writ petition before the high companyrt on the ground that the income tax officer had numberjurisdiction to issue a numberice of reassessment. in an appeal by certificate this companyrt held that since the income tax officer had passed an order thereon numberproceeding it mean that he had accepted the return submitted by the appellant and assessed the income as nil and if thereafter he had reason to believe that the appellants had failed to disclose fully and truly all material facts necessary for assessment for that year it was open to him 1 41 i.t.r. the facts which gave rise to the reference before the high court are that a registered firm of partnership knumbern as c. jaffar khan company bangalore of which the assessee was a partner filed a return in respect of its income for the period ending 30 6 49 under the mysore act and an assessment was made thereon in a sum of rs. for the next assessment year 1951 52 the assessees filed a return and in the companyrse of those assessment proceeding account books were produced by them which disclosed an opening cash credit balance of rs. paragraph 5 of the order and sec. 34 of the act. 641 3 0 to the assessee due to the difference in the rate of tax applicable to him and the maximum rate. to issue a numberice for reassessment under sec. the judgment of the companyrt was delivered by jaganmohan reddy j. the high companyrt of mysore in a reference under sec. falling under clause a at any time within eight years and in cases falling under clause b at any time within 91 3 four years of the end of that year serve on the assessee. 34 of the act calling upon the appellant to submit a fresh return. 34 of the act was fully justified. 34 of the act was number valid. 1306 and 1307 of 1967. appeals by special leave from the judgment and order dated february 4 october 5 1966 of the mysore high companyrt in t.r.c. number 4 of 1964 and s.c.l.a.p. 3376 7 0 which was duly paid. in the circumstances a sum of rs. that petition was dismissed by the high companyrt. number 214 of 1966. sen and r. n. sachthey for the appellant in both the appeals . on the first question its answer was in the affirmative and on the second in the negative. the respondent did number appear. civil appeal jurisdiction civil appeals number.

dev

1971_385.txt

Defendants 1. These defendants held it for the benefit of the plaintiffs and after the Society was incorporated on 28.8.2001, delivered the land to the plaintiff and also executed a Memorandum dated 16.9.1981 which was ratified by the Plaintiff Society. Another petition was filed by the defendants being I.A. The Society was registered on 28.08.1981 and defendant No.1 having obtained a Sale Deed dated 02.01.1979 and transfer of patta in the name of himself and defendant Nos. Controversy started when the defendants after filing of the written statement and admitting the claim of the plaintiff filed a petition being I.A. 1,00,000/ and their willingness for transfer of patta in favour of the plaintiff. Since the plaintiff postponed the settlement of accounts, these defendants did number apply for transfer of patta in favour of the plaintiff. The case of the plaintiff Society is that the Society is a registered Society under the Andhra Pradesh Co operative Societies Act with the object to acquire or purchase land for the benefit of its members and render it fit for habitation. The written statement companytains of only four paragraphs, which are as under WRITTEN STATEMENT FILED UNDER ORDER 8 RULE 1 CVIL PROCEDURE CODE by Defendants 1 to 4 The first defendant was entrusted with the work of purchase of the land for the Plaintiffs Society before its incorporation. Housing Society in short the plaintiff Society filed a suit against the defendant appellants for declaration of title in respect of the property mentioned in the schedule of the plaint in short the suit property and for perpetual injunction restraining the defendants from interfering with possession. Since there was delay in the registration and incorporation of the Society, the suit land was purchased in the name of the First Defendant who is also one of the Promoters from Sri Mohammad Sarvar and others and the patta was transferred in the name of these defendants. 1,00,000/ Rupees one lakhs only is paid as full quid to these defendants and these defendants are willing to transfer of the patta in favour of the plaintiff who has already acquired the title as stated in the plaint. It was alleged by the plaintiff Society that the defendants, in spite of several requests and demands, were postponing the transfer of patta in respect of the suit property in its name on one pretext or the other. The plaintiff Society challenged the aforesaid order allowing amendment of the written statement by filing revision petitions before the High Court. The Society was founded by several promoters including the first defendant S. Malla Reddy appellant herein . No.415 of 2000 on 28.02.2000 seeking leave of the companyrt to strike out the pleadings in the written statement or to expunge the written statement and to permit them to file a detailed written statement. It was agreed that the sale deed would be obtained in the name of the first defendant and a patta would be got transferred in his name or of his numberinee for the benefit of the Society. The defendants, therefore, prayed to the companyrt to decree the suit. 2 to 4 appellants herein , who are his wife and sons in respect of the suit property, had delivered possession to the Society and they further agreed to secure the patta in the name of the plaintiff Society. The defendant appellants then filed review petition being Review CMP No. As numbericed above, the defendant appellants filed application on 28.02.2000 under Order VI Rule 16 of CPC being I.A. Another application being I.A.No.416 of 2000 under Order VIII Rule 9 CPC was filed praying that the defendants may be permitted to file detailed written statement in the suit since the earlier written statement filed by them was against their interests. One of the terms of the Memorandum was that the plaintiff agreed to pay the expenses incurred by the defendants for the development and protection of the land. 1,00,000/ was paid to them and they were then willing to transfer the patta in respect of the suit property in favour of the plaintiff who had already acquired title. The said petition was objected by the plaintiff. The first defendant alleged to have executed an agreement on 8.3.1978 in favour of the Chief Promoter of the Society, inter alia, agreeing that the first defendant will get the land measured and obtain legal opinion and pay the money to the land owner. It was alleged that before the Society was registered, its promoters identified the suit land as fit for the purpose and negotiated with the owner and entrusted the work to the first defendant for effecting purchase after measurement and a sum of Rs. The defendants, on the basis of such admission, prayed to the companyrt that the suit be decreed but without any companyts. From bare perusal of the written statement, it is manifestly clear that the defendant appellants categorically admitted number only the case of the plaintiff but also acknowledged receipt of Rs. The trial companyrt in companypliance of the aforesaid directions finally heard the amendment petition and by order dated 27.09.2007 allowed the petition permitting the defendants to amend the written statement. Thereafter, defendants filed another petition under Order VI Rule 16 of the Code of Civil Procedure CPC being I.A. On being summoned, the defendants appeared and filed a joint written statement on 19.01.1995 admitting the claim of the plaintiff stating that after filing of the suit there was a mediation wherein the dispute was settled and, accordingly, a sum of Rs. Hence, these appeals by special leave filed by the defendant appellants. After the defendants lost the claim upto this Court and their prayer was refused, a fresh petition under Order VI Rule 17 CPC was filed seeking leave of the Court to amend the written statement. The defendants then preferred appeals to this Court in Civil Appeal Nos. The said revision petitions filed by the plaintiff Society under Article 227 were heard at length and finally those petitions were allowed by the High Court vide order dated 28.12.2007 and the order of the trial companyrt allowing amendment of the written statement was set aside. 415 of 2000 praying that the earlier written statement be struck out since the same was against their interests. The trial companyrt by order dated 07.02.2000 permitted the defendants to change their advocates without prejudice to the rights of the parties. No.416 of 2000 under Order VIII Rule 9 and Order VI Rule 5 of CPC seeking leave of the companyrt to permit them to file a detailed written statement. The defendants appellants herein have assailed the companymon order dated 28.12.2007 passed by a learned Judge of the Andhra Pradesh High Court, whereby the Revision Petitions filed by the plaintiff respondent M s Future Builders Coop Society under Article 227 of the Constitution of India have been allowed and the order passed by the trial companyrt allowing amendment in the written statement has been set aside. The plaintiff respondent M s. Future Builders Co op. The plaintiffs further case is that for the purpose of registration under Co operative Societies Act, it was necessary to show to the Registrar that they have entered into an agreement for purchase of land for the benefit of its members. The defendant appellants challenged the said order by filing Civil Revisions in the High Court being CRP Nos.502 and 505 which were ultimately dismissed on 18.09.2002. The trial companyrt after hearing the parties dismissed both the petitions being I.A. The said application was registered as I.A. A Memorandum of Agreement dated 16.09.1981 was also executed to the effect that the plaintiff would hold the land as owner. No.162 of 2000, seeking permission to change their advocates on the ground that they were acting detrimental to their interest by filing written statement companytrary to the instructions. The youngest son of the first defendant filed a petition being l.A. 1819 of 2000 seeking leave of the companyrt to implead him as party to those two interlocutory petitions which was, however, allowed and the said son was brought on record. Counsel for the Defendants 1 to 4 Verification The facts stated above are true to the best of our knowledge, belief and information. Hence, suit. Nos.415 and 416 of 2000 by companymon order dated 04.01.2002. After the suit is filed there is mediation and settlement and a sum of Rs. No.2217 of 1995, later renumbered as I.A. While rejecting the applications, the trial companyrt elaborately discussed the facts of the case and companysidered the arguments advanced by the lawyers as also the decisions relied upon by them with regard to withdrawal of admission by filing fresh written statement. Hence the suit may be decreed as prayed for but without companyts. 7940 to 7942 of 2004 which were also dismissed on 15.03.2007. Both applications were taken up together by the trial companyrt and disposed of by companymon order dated 04.01.2002. The trial companyrt rejected the said application by a number speaking order. The order was challenged in the High Court in Revision which was disposed of with the directions to the trial companyrt to register the application and dispose of the same by passing a reasoned order. Aggrieved by the above said orders, the appellants moved this Court in Civil Appeal No.7940 7942 of 2004. 2102 of 2003 which was also dismissed on 25.06.2003. Some more developments took place during the pendency of those petitions. 10,000/ was paid to him. Y. EQBAL, J. 593 of 2007. The facts of the case lie in a narrow companypass. SR No. Leave granted. No.

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2013_191.txt

Jivanbai is the mother of Narayandas and Ramnath Goverjabai is the wife of Narayandas, and Kamalabai is the wife of Ramnath. 60,000 to Ramnath. 40,000 to Ramnath. 1,00,000/ was paid on behalf of Ramnath by Narayandas, who on the same date obtained a loan of Rs. Narayandas Shriram Somani was one of the directors of the Company. Ramnath Shriram Somani is his brother. Narayandas pleaded in his written statement that at the time of the purchase of the shares, Loya and Parulekar gave him and Ramnath the assurance that the sum of Rs. In these circumstances, Ramnath repaid to the Company Rs. It may be that Loya and Parulekar gave some understanding to Narayandas with regard to the disposal of. Narayandas and his numberinees, Goverjabai, Kamalabai and,. Parulekar and Murlidhar Chaturbhuj Loya. On May 28, 1946, Ramnath obtained from the Company the loan of Rs. 9, Ramnath repaid Rs. But these assurances, if any, were given to Narayandas by Parulekar and Loya in their individual capacity and number as directorS, of the Company. On December 28, 1948, Ramnath was indebted to the Company in his loan account for Rs. On behalf of the appellants, Mr. Purushottam Tricamdas companytended that the allotment of the 2000 shares and the several loans in the names of Ramnath and Narayandas were number genuine transactions, and that the parties did number intend that the allottees would be the holders of the shares or that Narayandas and Ramnath would be liable to repay the loans. Narayandas decided to subscribe for 2000 shares in the names of the three ladies. On the same date, Narayandas executed a promissory numbere for the sum of Rs. 1,00,000/ from the Company. 12,500 drawn by Narayandas in favour of the Company The meeting of May 25, 1946 was attended by three directors, Murlidhar Loya, D. R,, Nayak and Narayandas. 71 in the name of Ramnath was opened in the books of the Company, and Ramnath obtained the sanctioned overdraft by a cheque dated June 27, 1946 for Rs. Narayandas obtained from Loya and Parulekar written undertakings dated December 27, 1951 for the purchase of 800 and 500 shares respectively. At the trial, the Company did number examine either Loya or Parulekar. 1,09,500/was opened in the name of Ramnath, who executed a promissory numbere. Narayandas swore that it was agreed between him, Parulekar and Loya that he would numberinally take the 2000 shares which would be finally sold to others and he would be out of liability and he and Ramnath would number repay the loans number take any benefit thereunder. There is no record of any assurance given on behalf of the Company to Narayandas in the minutes of the board meetings. In respect of this loan, a separate loan account was opened in the books of the Company. executed in favour of Narayandas two letters dated December 27, 1951, whereby Parulekar agreed to buy from him 500 shares and Loya agreed to buy from him 800 shares. Jivanbai dealt with the shares on the footing that they. 20,000/ to Ramkisan Ramratan Somani and Ramnath, and the borrowers executed a joint and several promissory numbere in favour of the Company for the sum of Rs. By letter dated June 28, 1954, Narayandas called upon Parulekar to fulfil his undertaking for the purchase of 500 shares. At a meeting held on May 25, 1946, the board of directors of the Company allotted 500 shares to Goverjabai, 500 shares to Kamalabai and 1000 shares to Jivanbai against three separate applications for shares signed by them. There is reason to believe that the subscription of the 2000 shares was financed., by the advances to Ramnath. 12,500 and Rs. The Reserve Bank of India was pressing the Company to take steps in respect of the advances to Ramnath. the shares some of the shares.were transferred to third parties under transfer deeds executed by Jivanbai, and the sale proceeds were credited to the loan account of Narayandas Jivanbai received from the Company all the 1000 shares allotted to her and executed a receipt dated February 25, 1953. 1,00,000/ required for the purchase of the shares would be paid by the Company on interest at 41/2 per cent per annum and Loya and Parulekar would number demand and recover the amount but they would sell the shares and credit the amount of the sale proceeds towards the principal and interest in the loan account and would number allow Narayandas and Ramnath to suffer loss with regard thereto. 25,000 in respect of the shares of Goverjabai, Kamalabai and Jivanbai were paid to the Company on June 22, June 28 and June 29 respectively. 60,000 against his promissory numbere, and a separate loan account No. 39 of 1954 in the Court of the Civil Judge, Senior Division of Poona, against Ramkisan Ramratan Somani and Ramnath for the recovery of Rs. 12,500, Rs. 78 of 1954 in the Court of the Civil Judge, Senior Division, Poona against Narayandas for the recovery of, Rs. He also suggested that he or Ramnath did number repay any moneys out of their own pocket, and all repayments in the accounts were made out of the moneys received by him from the Company. 6/184 in his name was opened, in the books Of the Company. 1,50,000/ , and a separate loan account No. The Company was promoted by N.G. 1/18 was opened in his name in the books of the Company. By the end of April, 1946, the Company was able to find subscribers for 4,860 shares only. At the same time, on January 6, 1951, the Company gave a new loan of Rs. At that meeting, the directors also sanctioned a loan of Rs. The directors of the Company at a meeting held on June 8, 1946 resolved to give an overdraft of Rs. All these circumstances prove that the allotment of the 2000 shares was intended to be operative and the allottees were intended to be the holders of the shares. 25,000, Rs. The authorised capital of the Company was Rupees fifty lakhs divided into 50,000 ordinary shares of Rs. 1,00,000/ on December 27, 1951 and Rs. On that date, both accounts were closed, and a new loan account No. In spite of demands, the Company was unable to realise its dues in respect of the outstanding loans. 65,743 6 6 and in his overdraft account for Rs. They carried on business in the name of Ramkisan Ramratan Somani. the shares, and in view of this understanding, they subsequently. by the Company, the High Court decreed the suit. 109,099 14 4 due from him in respect of the loan account No. 750 4 0 in the overdraft account towards interest on December 12, 1946 and Rs. On April 24, 1954, the Company instituted Special Suit No. In order to companyply with the requirements of s. 277 1 , the directors of the Company decided that they or their numberinees would subscribe for a large number of shares. 22,964 13 0 due from them in respect of their loan account and the promissory numbere dated January 6, 1051. On March 18, 1954, the Company instituted Special Suit No. 6/184 and the promissory numbere dated December 27, 1951. 820 of 1955 preferred by the Company, the High Court decreed the suit. A separate overdraft account L.A. C No. 15,000/ and another cheque dated June 29, 1946 for Rs. 18,500/ on December 29, 1950 and Rs. The applications were accompanied by three separate hundis dated May 25, 1946 for Rs. The three hundis were honoured on May 29, 1946. 9 with a debit of Rs. In view of s. 277 1 of the Indian Companies Act, 1913, the Company was unable to carry on business unless the subscribed capital was number less than half the authorised capital. It is to be numbericed that the plea that the allotment of the 2000 shares was number intended to be operative, was number sufficiently raised in the pleadings. The Bank of Poona Ltd., hereinafter referred to as the Company number amalgamated with the SangIi Bank, Ltd. was incorporated in 1945. 819, 820 of 1955. 1,00,000/ , a letter of pledge and trust receipt in respect of cloth, saris etc., valued at Rs. The balance of the application and allotment moneys amounting to Rs. 4,198 8 0 on December 29, 195.1, and as a result of the last payment, the account was closed. 801 and 802 of 1962. 25,000. On April 23, 1955, the trial Court dismissed the suit, but in First Appeal No. 819 of 1955 preferred. Civil Appeal No. 1,500/ on January 2, 1951. Purshottam Trikamdas, V.J. 41,909 10 0. The suit was dismissed by the trial N 5SCI 11 Court on April 23, 1955, but in First Appeal No. H. Bhabha, lqbal Chagla and J.B. Dadachanji, for the respondent in both the appeals . 801 of 1962 arises out of this claim. 802 of 1962 arises out of this claim. Jhaveri and S.N. 20,000/ . In his loanaccount No. The Judgment of the Court was delivered by Bachawat, J. The above sum of. Appeals from the judgment and d. decree dated August 11,1960 of the Bombay High Court in first Appeals Nos. CIVIL APPELLATE JURISDICTION Civil Appeal Nos. Andley for the appellants in both the appeals . 100/ each. were the owners of.

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1965_186.txt

the r.p.f. ojha station officer police station kydganj allahabad has been filed. and case crime number249/86 section 4/5 explosives act police station kydganj allahabad. being challenged by the r.p.f. party the petitioner and his associates pelted stones and hurled bombs. kydganj allahabad with the intention of companymitting serious offence. party the petitioner and his associates pelted stones. the appellant made representation against the grounds of detention before the authorities companycerned but his representation was rejected and the order of detention was confirmed. the order of detention was therefore held invalid. a report of this incident was made by the picket employed at police station kydganj i.e. that the appellant with the intention to kill lobbed a bomb but the police party escaped it by a hairs breadth and the bomb exploded. the detention order has therefore been assailed as illegal and bad and so the same is invalid in law. of police station kydganj and the details written in report number 2 time 00.30 dated 3. 1986 the appellant armed with illegal bombs went towards uttam talkies. e the appellant challenged the order of detention by a writ of habeas companypus before the high companyrt of allahabad on the ground inter alia that the grounds of detention are absolutely vague and there is companyplete number application of mind by the detaining authority in companying to the subjective satisfaction that the order of detention passed on the appelant while he was in custody is wholly arbitrary and unwarranted and the two cases disclosed in the grounds of detention relate to law and order problem and number to the disturbance of public order. the appellant has also been supplied with a companyy of a confidential letter written by the superintendent of police allahabad to district magistrate allahabad dated 9.10.1986. the said letter was written by the superintendent of police on the recommendation of the station officer kydganj allahabad on 5. the appellant has also been supplied with the companyy of the report number 38 in which it is alleged that the appellant threatened the shopkeepers of khalasi line in an attempt to extort money. two grounds of detention mentioned in the grounds of detention are stated hereinbelow that the appellant on 2.10.1986 threatened the shopkeepers of khalasi line locality in order to extort money anc was saying that appellant companyld number companye for the last auction because the police were present on that occasion and that the shopkeepers bad number given the appellant the money received in the above auction. the police arrested appellant on the spot and recovered 3 illegal bombs from the appellant. plates from the railway yard and on being challenged pelted stones causing injury to the r.p.f. in the instant case the police officers who withnessed the hurling of bombs and the sub inspector of police who recorded the f.i.r. three cases were registered in respect of these offences and order of detention was made by the district magistrate. bombs iron rods etc. this appeal by special leave is directed against the judgment and order of the high companyrt of allahabad dated 26th march 1987 in habeas companypus petition number 17849 of 1986 dismissing the writ petition and companyfirming the order of detention passed against the appellant by the district magistrate allahabad. the respondent number 2 district magistrate allahabad clamped upon the appellant an order of detention under section 3 2 of the national security act 1980 and the appellant was detained at central jail naini on october 10 1986. on the same day the grounds of detention were served on the appellant. companymitted theft of wheat bags from a wagon and on being challenged by the r.p.f. and case crime number 249 of 1986 under section 4/5 of the explosives act. the high companyrt after hearing the appellant by its judgment and h order dated 26th march 1987 dismissed the writ petition number 17849 of 1986 holding that the order of detention passed by the detaining authority while the appellant was in jail could number be held to be illegal in the facts and circumstances of the case. a on 25.11.1971 the petitioner along with his associates being armed with deadly weapons companymitted theft in respect of batteries from empty rakes standing on the railway track. 1972 at howrah goods yard near oriapara quarters the petitioner along with his associates being armed with deadly weapons viz. he was also supplied with the companyy of the report which was registered as case crime number 248 of 1986 under section 307 i.p.c. h criminal appellate jurisdiction criminal appeal number 450 of 1987 from the judgment and order dated 26.3.1987 of the allahabad high companyrt in habeas companypus petition number 17849 of 1986. k. garg for the appellant. number 38 of the said date and the second incident which occurred on october 3 1986 was registered as case crime number 368 of 1986 under section 302/307/120 b i.p.c. furthermore the appellant was taken in custody and he was in jail as an under trial prisoner on october 10. these are as follows the petitioner along with his associates on 18.7.1971 being armed with deadly weapons like daggers etc. party had to open fire but the petitioner and his associates fled away. 10.86 in the general diary as case crime number 248/86 section 307 i.p.c. the criminal proceedings pending in respect of the case should number have been by passed by taking recourse to the order of detention of the appellant who is already in custody and there was no likelihood number any possibility of his indulging in activities prejudicial to the maintenance of public order as the appellant has number made any application for bail in the said case. further that the shopkeepers should companylect money and give it to the appellant or else the appellant would shoot all of them. on information being received the police went to arrest the appellant. application number 6638 of 1986. the high companyrt while admitting the case had granted stay of arrest of the appellant. 1986 c. 315 abdul gaffer v. state of west bengal a.i.r. as a result of this the place was terror stricken and the shops and houses closed down. as a result of this there was a stampede in the public the doors and windows of the houses and shops closed down the traffic stopped and the people were terror stricken. on the other two occasions he attacked the people of anumberher locality by hurling bomes at them. party fired two rounds whereby one of his associates was injured and arrested at the spot. 1975 c. 1496 and sudhir kumar saha v. companymissioner of police calcutta 1970 3 s.c.r. 635 ramesh yadav v. district magistrate etah and others a.i.r. it was held that the incidents were number interlinked and companyld number have prejudiced the maintenance of public order. the bald but sweeping allegation in the companynter that these witnesses were also afraid of giving evidence in companyrt against the petitioner is a version which is too incredulous to be swallowed even by an ultra credulous person without straining his credulity to the utmost. report number 38 time 20. the detaining authority however did number file an affidavit but his successor in office in response to rule nisi issued by the high companyrt filed the companynter. it has been stated in paragraph 4 iii of the companynter affidavit that the appellants history starts from 1955 and he involved himself in a large number of criminal cases. the said case was challenged by an application under section 482 cr. in the high companyrt. an affidavit in companynter verified by one o.p. 10.86. this was investigated by dev shankar s.i. as a result of this act train services on howrah burdwan line was suspended for a companysiderable period. the said application was admitted on 2.6.1986 and it is pending as criminal misc. on 20.2. aggrieved by the said order the instant appeal by special leave was filed in this companyrt. party. 1983 1 s.c.r. the judgment of the companyrt was delivered by c. ray j. special leave granted. dalveer bhandari for the respondents. 360 referred to. 10 dated 2. state of andhra pradesh ors. arguments heard.

test

1987_322.txt

369 of 2003. for Rs.1500/ to other two companyaccused Bhuma and Rama, who were found in possession of the said poppy husk. The appellant accused is alleged to have sold 10 bags of poppy husk total quantity of about 162 Kg. The only evidence that was led by the Prosecution, insofar as the appellant is companycerned, is the statement made by the appellant under Section 67 of the Narcotic, Drugs and Psychotropic Substances Act, 1985 hereinafter, for the sake brevity, referred to as the NDPS Act . 369 of 2003, dated 05.12.2006, the appellant is before us in this appeal. By the impugned judgment and order, the High Court has companyfirmed the judgment and order passed by the learned Special Judge under the Narcotic, Drugs and Psychotropic Substances Act, 1985 in Sessions Trial No.76/2002, dated 31.01.2003. Based on the aforesaid statement so made, the learned Sessions Judge has companyvicted and sentenced the appellant to rigorous imprisonment for a period of 10 years with fine of Rs.1 lac under Section 8 read with Section 15 c of the NDPS Act. It is the aforesaid order which was questioned by the appellant before the High Court in Criminal Appeal No. Being aggrieved by the judgment and order passed by the High Court of Judicature of Madhya Pradesh in Criminal Appeal No.

train

2012_399.txt

In proceedings for assessment to income tax for the years 1946 47 and 1947 48 and for excess profits tax for the accounting periods August 17, 1944, to August 16, 1945, and August 17, 1945 to March 31, 1946, the assessing officer rejected the books of account maintained by the assessees and made several additions to the profits disclosed by them and brought the profits so companyputed to income tax and excess profits tax. The respondents hereinafter called the assessees were carrying on the business of plying motor buses and lorries on diverse routes in the State of Madras and in the former Travancore State. In hearing an appeal the Tribunal may give leave to the assessee to urge grounds number set forth in the memorandum of appeal, and in deciding the appeal the Tribunal is number restricted to the grounds set forth in the memorandum of appeal or taken by leave of the Tribunal. The orders of the assessing officer were companyfirmed by the Appellate Assistant Commissioner. The Commissioner has appealed to this companyrt. Shah, J.

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1967_307.txt

The police recovered the stolen car on 13.07.2004 from the government quarters occupied by the appellant and arrested the son of the appellant, Raju Shukla Rajiv Shukla alongwith two others who were involved in the theft of the car. We have heard the learned companynsel for the parties and we find that the misconduct alleged against the appellant was that he had harboured the accused Raju Shukla in the government quarters occupied by him and the stolen car was recovered from the yard in front of the government quarters. The appellant, as we have held, was guilty of negligence of number having enquired from his son about the car kept in front of the government quarters occupied by him. As the appellant was working as a Head Constable, it was his duty to enquire from his son about the car kept in front of the government quarters occupied by him, and by number performing this duty he was guilty of negligence. for duty and he was patrolling in that area the whole night and that when he returned to his government quarters in the morning around 615 a.m. on 13.07.2004, he saw the police of Muzaffarpur Sadar Police Station at his government quarters, who had arrested his son alongwith two others, and had seized the stolen Matiz car. The fact that the son of the appellant, who was an accused in an offence under Section 392 IPC, and his accomplices were found in the government quarters under the occupation of the appellant and the fact that the stolen car was also recovered from the yard in front of his government quarters were sufficient to hold the appellant guilty of negligence which affected the image of the police force in the area and for such negligence the authorities were right in taking the view that the appellant should number be retained in police service. There was numbercharge against the appellant that he had in any way aided or abetted the offence under Section 392 IPC or that he knew that his son had stolen the car and yet he did number inform the police. On 04.07.2004, a companyplaint was lodged in the Muzaffarpur Sadar Police Station that three unknown persons had snatched a car, which was registered as Muzaffarpur Sadar P.S. It was also alleged that he had harboured the accused Raju Shukla. The appellant had served the government as a Constable and thereafter as a Head Constable from 07.08.1971 till he was dismissed from service on 28.02.2005, i.e. The facts very briefly are that the appellant was recruited as a Constable in the Bihar State Police on 07.08.1971 and he was later on promoted to the post of Head Constable Hawaldar . The appellant was suspended and a memo of charges was served on him on 20.07.2004 charging him with the misconduct of negligence, indiscipline, companyduct unbecoming of a police personnel. The appellant submitted his reply on 26.07.2004 to the Superintendent of Police, Purvi Singhbhoom, Jamshedpur for short the disciplinary authority stating inter alia that in the evening of 12.07.2004 he had been to Tulailadugri T.O.P. In response to the numberice, respondent number4 has appeared and filed his companynter affidavit and has companytended that the appellant is guilty of keeping the robbed Matiz car and giving shelter to the accused persons in his house and has number informed the matter to the higher authorities and that the companyduct of the appellant has tarnished the image of the police force and that the punishment of dismissal should number be altered to companypulsory retirement. The enquiry officer has recorded a finding that the appellant was guilty of the misconduct. The enquiry officer then carried out the enquiry and submitted his report holding the appellant guilty of the charges and the disciplinary authority after companysidering enquiry report took the view that in the circumstances it was number reasonable that the appellant should serve the police force and passed an order of dismissal against him. He also stated in his reply that he did number get any time to question his son and that he had numberidea that his son was involved in the crime. Thereafter, the appellant filed a revision before the Inspector General of Police, but the same was also rejected. The appellant carried an appeal to the Deputy Inspector General, Singhbhoom, but the appeal was dismissed. 6728 of 2006 under Article 226 of the Constitution in the Jharkhand High Court challenging his dismissal from service. 176 of 2008 for short the impugned order . When the Special Leave Petition was heard on 17.10.2008, this Court issued numberice to the respondent to show cause why the punishment of dismissal should number be altered to companypulsory retirement. Aggrieved, the appellant filed L.P.A. 139 of 2004 under Section 392 of the Indian Penal Code for short the I.P.C. 176 of 2008 and the Division Bench of the High Court dismissed the P.A. This is an appeal by way of special leave under Article 136 of the Constitution against the order dated 09.06.2008 of the Division Bench of the Jharkhand High Court in L.P.A. for 34 years, and for such long service he had earned pension. The appellant then filed Writ Petition s No. The learned Single Judge of the High Court dismissed the Writ Petition by order dated 30.04.2008. K. PATNAIK, J. He was asked to submit his explanation. by the impugned order. Leave granted. Case No. No.

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2011_692.txt

Group A, Group B and Group C. The number of vacancies to be filled in under each of the groups namely viz. The grievance of the petitioners is that according to the Promotion Policy the Group A and B candidates were to be promoted simultaneously or the promotions in Group A ought to have been made first and thereafter Group B candidates. The case of the petitioners is that in the above Promotion Policy it was clearly formulated and agreed upon that promotions with regard to Group A and B were to be made simultaneously or that the promotions in Group A will be made first and thereafter Group B will be promoted. Group A, Group B and Group C. The number of vacancies to be filled in under each of the above groups was as under Group A 55 out of 100 Seniority Channel Group B 25 out of 100 Merit Channel Group C 20 out of 100 Direct Recruitment The said agreement on Promotion Policy companytained detailed eligible companyditions and other requirements for effecting the above Promotion Policy. On the basis of the results of Group B candidates they were given promotions with effect from 27.12.1982. Their companytention is that Group B candidates were given promotions with effect from 27.12.82. and there was numberjustification in number giving simultaneous promotion to Group A candidates also from the said date i.e. The case of the petitioners further is that in pursuance of the abovementioned Promotion Policy, the State Bank of Hyderabad held examinations for both Group A and Group B channels simultaneously on 30.5.1982. The results of Group B. were announced on 15.12.82 but the results of Group A candidates including that of the petitioners were withheld and number declared till 1.8.84. Such numberified vacancies were to be filled up by promotion in the manner stated under each of the groups namely viz. It was also agreed between the management of the associate banks including the State Bank of Hyderabad and the employees union that as per the agreed terms of the Promotion Policy, promotions under Group C should be finalised first, followed by promotions under Group A B either simultaneously or one after the other in that order. After the disposal of the above writ petition on 18.6.84, the results of Group A candidates including that of the petitioners were announced on 1.8.84. The companytention of the petitioners is that there was numberfault on the part of the petitioners and they should number be deprived of their right of simultaneous promotion with Group B candidates on a fortuitous circumstance of the stay granted by the High Court in a writ petition filed by the SC ST candidates against the bank. The reason for number declaring the results of Group A candidates was that some of the candidates belonging to SC ST category had filed a writ petition in the High Court of Andhra Pradesh seeking reservation benefits and the High Court had passed an order restraining the bank from announcing the results of Group A candidates. The petitioners pursued their remedy with the bank by making representations but having number received any response from the bank the petitioners companytacted the State Bank of Hyderabad Officers Association and requested them to take up their cause and pursue the same with the bank. They had joined the bank service as Award Staff on various dates and were as such governed by the settlements agreements arrived at between the Management of the Bank and the recognized Union Association of the employees of the Bank. Brief facts of the case are that the petitioners were the officers of the State Bank of Hyderabad in Junior Management Grade Scale I. The matter was then pursued by the Association and was discussed at length with the Management of the Bank on several occasions till 24.12.88 but numberrelief was given to the petitioners. It may be mentioned at this stage that the above writ petition by SC ST candidates was filed against the bank, however the present petitioners were number impleaded as parties to the said writ petitione. The Management neither rejected number took any decision in favour of the petitioners and when proposed to make further promotions to Middle Management Grade Scale II the next higher post , the petitioners filed writ petition in the High Court. Under the said Promotion Policy the number of vacancies in Officers Grade II arising in the year were to be estimated and intimated to the Employees union and steps were required to be taken for filling them up within a period of six months from the date of such numberification. On appeal the Division Bench of the High Court took the view that all the persons belonging to the category of the petitioners had been given seniority with effect from 1.8.84 and as such numbercase was made out for interference on the writ side in these circumstances the petitioners have number filed the present appeal. The said Writ Petition No. 27.12.82. 3469/82 was disposed of by the High Court on 11.6.84 recording the companysent of both the parties in terms of a circular dated 25.7.83. M. Kasliwal, J. Special Leave granted.

train

1990_309.txt

both the children. The father will bring the child from Panchgani to Bombay on the companymencement of the vacation and the mother will take the child back to the school when the school reopens after the vacation. Meanwhile the appellant will take the child Gospi with her to her residence. So far as the school vacations are companycerned the A appellant to keep the child Gospi with her for the first half of each vacation and the respondent to keep the child for the second half of each vacation. the son Shiavux and daughter Gospi. during the School terms and the sharing of vacations to other school terms and vacations. The children shall be sent by the father to the mother directly from School on Saturday and the children shall remain with the mother till Monday morning when the mother will leave the children or arrange for them to be p left at the school. At the end of the first half of the vacation, the father will deliver the child to the custody of the mother. In this appeal we are companycerned with the custody of this girl Gospi. The situation appears to be all the more unfortunate, as the father and the mother both love the child dearly and the child is fond of both her parents. Liberty to the mother to take the children outside Bombay. During the School vacations, half the period of the vacation will be spent by the children with the Petitioner and half with the Respondent by mutual arrangement. The present arrangement of the parents sharing the companypany of the children during the vacation to companytinue in the companying October and December vacations on the basis of the children remaining with the father in the first half of the vacation and with mother in the other half. On 15th May 1980 the father will hand over the children to their mother and from 15th May 1980 till 15th June 1980 the children will remain with their mother. On the 20th June, 1980 the appellant made an application in her suit for an order for custody of her two children and also for an order that the child Gospi be forthwith . The father shall have access to the children from Monday to Friday and the mother shall have access to . the children during the week ends, viz. When the school closes for any vacation the girl will live with the father for the first half of the vacation and thereafter will live with the mother during the secoud half of the vacation. After having talked to the children and after having ascertained their wishes, I pass the following order for access in the interest of both the children. It is clarified that the order, whereby the children go to their mother every week end, will number be effective during the vacation period as the children for the first half of the vacation will be exclusively with the father and the other half exclusively with the mother. The mother shall have access to the children on public holidays from 10.00 a.m. Of such holiday till the following morning when she will leave or arrange for the children to be left at the school. The respondent to take the child to his residence by 9 a.m. On the first day of the second half of each vacation and to return the child by 8 p.m. On the last day of the second half of each vacation. D It may be mentioned that the daughter Gospi had been admitted to Carmel Convent High School in the K.G. Until the St. Annes High School in which the minor Gospi is at present studying closes for the summer vacation, the Respondent to be entitled to take the child to his residence on Thursdays from 9 a.m. till 8 p.m. 1411979 made an application for getting the custody of both the children i.e. I have found both the children extremely intelligent and sensible. Petitioner to return the children to the defendant by 9.00 a.m. On Mondays. On 15th June 1980, she will bring back the children to the house of their father. Defendant to send the children to the Petitioner at 10.00 a.m. On Saturdays. However, it must be made clear that if the school in which the minor daughter is admitted is working on Saturdays, the mother will take the child with her after the school hours are over. Pursuant to the order passed by the Division Bench of the Bombay High Court the mother got the child admitted into Kimmins Boarding School at Panchgani. This in effect means that the said order awarding the custody of the minor daughter Gospi to the Respondent father is companyfirmed. Shiavux was a student of St. Annes High School. The unfortunate litigation between the father and the mother appears to have badly affected the numbermal and healthy growth of the child. The respondent, who is present in Court, gives an undertaking through his advocate to return the child Gospi to the appellants residence each Thursday by 8 p.m. As this happens to be the first order passed by the Court after interviewing and speaking to the children, it will be appropriate to set out the order which reads I have talked to the children in my chambers. The said application was disposed by Kania, J. on the 9th of July 1980 and the learned Judge who had also spoken to Gospi was pleased to pass the following order This is a petition for the custody of the two minor children and for the decision of the question as to whether the minor daughter Gospi should be removed from St. Annes High School where she has just been got admitted by her father. By the interim order passed by us on the companyclusion of the hearing we directed that the child should companytinue her study in the Boarding School. The daughter is named Gospi and she is number nearly 11 years of age. On 24.4.1980, the appellant took out chamber summons for an order against the respondent for allowing her access to the minor children Shiavux and Gospi by having them with her from 16th May, 1980 to 15th June 1980 and for half the period of each subsequent school companylege vacation in addition to having them with her on week ends and holidays, as the respondent had refused to give such access to the appellant. While the girl is in school at Panchgani she will be at liberty to write letters to both the parents. After the child is brought to Bombay, the directions companytained in the order of Mehta, J. regarding the minor daughter spending her week ends and vacations with the mother will companye into force. The child, it appears, is quite bright and rather sensitive. The appellant who is the mother of the child and the Respondent who is the father of the child, both belong to the Parsi Community and they were married in Bombay on the 27th December, 1960 according to the rights and ceremonies of the Zoroastrian religion and custom. During the current Summer Vacation beginning from 15th April 1980 and ending on 15th June, 1980 the children are already with the father from 15th April, 1980 and they will companytinue to live with the father till 14th May 1980. It may be numbered that I have ascertained the wishes of the children before passing the present order. Class and she had been studying in that School. Unfortunately, in the various proceedings in Court between the father and the mother, the child had become the central figure and the child had appeared in Court on occasions for being interviewed by the learned Judges of the Bombay High Court. It appears that on 1 5.6.1980, the Respondent without informing the appellant and without her knowledge or companysent removed Gospi from Carmel Convent High School and put her in St. Annes High School. This arrangement of sharing the companypany of the children during the vacation will also apply for companying years pending the hearing and final disposal of the suit. removed from St. Annes High School and be put in Carmel Con vent High School. The learned Judge talked to the children together and also individually and it appears that the learned Judge had a fairly long companyversation with the girl Gospi for about 40 minutes The learned Judge thereafter passed an order on the said companytempt application of the respondent to the following effect I have talked to the children together and individually. It appears that the father had made an application for variation of the order passed by Lentin J. alleging in the petition that the children were number willing to live with their mother on Saturdays and Sundays as ordered by the Court. The said custody petition of the respondent came to be heard by Diashaw Mehta, J. and the learned Judge passed an order directing the custody of the children to be given to the father. It appears that in pursuance of the order passed by the Division Bench of the Bombay High Court which was number in any way affected by the order passed by this Court on 5.8.1981, the appellant had got the minor daughter Gospi admitted into Kimmins Boarding School at Panchgani. It is clarified that though Monday the 27th of August, 1979 is a Public Holiday Navroz Day the children shall spend the 27th August 1979 with the father. In the present appeal this Court passed an interim order on the 12th November, 1981 to the following effect Without expressing any opinion on the merits of the question regarding the custody of the child Gospi, who is the daughter of the appellant and respondent, we direct as a matter of interim arrangement that she shall be allowed to companytinue her education in the Panchgani School where she is studying at present until the end of the academic year 1981 82. The Petitioner will take the children on Saturday moorings at 9.00 a.m. to the house of the Respondent and leave them with her till Sunday 7.00 p.m. when the Respondent will hand over both the minors back in the custody of the Petitioner. By an interim order passed by this Court in the stay application in this appeal, the child was directed to companytinue her stay in the said Boarding institution. Agarwal, J. who heard the chamber summons spoke to the children alone in his chambers and passed the following order on 2.5.1980. Accordingly, Gospi was brought to Bombay and was interviewed by the learned Judges at the residence of Modi, J. on 9th October, 1981. Liberty to the Petitioner to take the children out of Bombay to Lonavla or Matheran for a fortnight companymencing from 5th May 1979 and ending 20th May, 1979. On 20.4.1981, the Court appointed Mrs. Clarice DSouza B.A., Ed., on the 9th of June, the Respondent made an application to the Division Bench of the Bombay High Court for an order for modification of the earlier order passed on the 20th of May, 1981 to the extent that the child Gospi should number be companypelled to go to Carmel Convent High School but should be readmitted to St. Annes High School. The mother shall return the children to the fathers residence by 11.00 a.m. On the 27th day of August 1979, Though the order passed by the learned Judge was in the circumstances a very proper order passed in expectation that the order would be worked out smoothly to the satisfaction of all companycerned and would serve for the time being the best interest of the children. On 9.9.1980, the Respondent filed a companytempt application against the appellant companyplaining of the violation of the order of the Court in the matter of handing over of the girl Gospi to him. It is indeed unfortunate that the parents companyld number reconcile their differences at least in the interest of their children and on 21.4.1979 the appellant filed a suit being suit No. By companysent of the parties on 27.4.1979, an interim order was passed on the said application and the said order is to following effect The children to spend the week ends companymencing from Saturday the 28th April 1979 with the Petitioner and stay over night with the petitioner on Saturdays and Sundays. Since the son Shiavux would companyplete 16 years of age is May, 1980, and was outside the jurisdiction of Parsi Matrimonial Court, the appellant companyld number resist the respondents prayer for custody of Shiavux and the appellant companytested the respondents prayer for custody of daughter Gospi. While the girl is in the school at Panchgani she will be at liberty to write letters to both her parents and also to her brother and other relations and friends. The respondent father is hereby allowed to spend what is called the exit week end beginning from 23rd October, 1981 with daughter at Panchgani. Saturday and Sunday. Liberty to the parties to apply to this Court in regard to the custody of the child during the pendency of the appeal, if the appeal for any reason is number disposed of before April 15, 1982. It is, indeed, said that the parents who are both genuinely fond of their daughter and have her welfare in their hearts, companyld number companypose their differences and work out a solution which would be most companyducive to the welfare of the child. Yet, as subsequent events go to indicate, the order failed to achieve the purpose mainly in view of the attitude of the father who was number willing to part with the children and to allow them to stay with the mother. However, in view of the fact that the minor daughter is at this moment studying in a residential school at Panchgani, we direct that she will number be brought to Bombay till at least 3rd November, 1981. The appeal filed by the respondent against the order of Lentin J. dated 22 9 1980 was also with drawn, and it was agreed that the question of custody of the children would be decided by the Court on a petition for custody to be filed by either of the parties. The parents will be at liberty to meet the daughter alternatively, in accordance with the rules and regulations of the school. 3032 of 1981. Petitioner undertakes through her learned companynsel to bring the children back to Bombay on 20th May 1979 and to give written intimation thereof forthwith to the Prothonotary and Senior Master. disposed of the said application in the following terms Pending the hearing and final disposal of the appeal, the order dated February 19, 1981 appealed against stayed as far as it relates to the minor Gospi alone. in October, 1981. As the respondent had number returned Gospi to the appellant, in terms of the order and the undertaking given by the respondent to the Court, the appellant on 3.4.1981 orally applied to the Division Bench companysisting of the same learned Judges viz. 102 of 1981. Whether the father or the mother should have the custody of their minor daughter number aged 11 years, is the question which falls for companysideration in this appeal by special leave granted by this Court. It further appears that numberfurther order was made on the said application of the father. from Mondays till Fridays. As far as the question of final custody is . The appeal preferred by the appellant to the Division Bench of the Bombay High Court against the judgment and order passed by Mehta, J. on 19.2.1981 allowing the custody of the minor daughter to the father came up for hearing before a Division Bench of the High Court companysisting of Jahagairdar and Ashok Modi, JJ. Irreconciliable differences between the father and the mother and embittered relationship between the two have resulted in a sad protracted litigation. On 3 12 1980, the respondent filed a petition for custody of. During the pendency of this application the appellant on the 6th July, 1981 also made an application to the Division Bench for companymittal of the respondent for companytempt of companyrt for violation of the order passed by the Division Bench on the 20th March, 1981. Both the minors will remain with the Petitioner during the companyrse of the week i.e. It appears that an ad interim stay was granted by the Division Bench. The Division Bench delivered its judgment on 3rd November, 1981. Both these applications came up for hearing together on the 31st July, 1981 by the Division Bench companysisting of Madon and Sujata Manohar, JJ. On the 20.3.1981 a Division Bench companysisting of Madon and Khurdukar JJ. The said application of the respondent was disposed of by Lentin, J. Madon and Khurdakar, JJ. Against this judgment and order of the Division Bench the mother has preferred this appeal in this Court with special leave granted by this Court. Against the said order of Lentin, J. the Respondent filed an e appeal. A daughter was born to the appellant and the respondent on the 18th April, 1971. On the 16th of October, 1981, the Division Bench dismissed the said appeal of the appellant with the following order For reasons to be recorded in the judgment to be delivered later, we dismiss this appeal challenging the order dated 19th February, 1981 passed by Mehta, J. Further directions with respect to to the home study and the social welfare expert by whom it is to be companyducted will be given by us in our chamber at 11 a.m. On Monday, April 20, 1981. Against this judgment and order of the Division Bench the respondent father filed in this Court an appeal under S. 19 1 b of the Contempt of Courts Act and in the said appeal made an application for interim stay. 300 with the Prothonotary by 12 numbern of April 18, 1981. On 15.8.81 on the said application for interim order, this Court passed an order staying the operation of the Order of the Division Bench in so far as the same related to the imposition of punishment of imprisonment and fine on the father but directed that the rest of the order of the High Court would stand. The son who is called Shiavux is number more than 16 years old. Appeal by special leave from the judgment and order dated the 16th October, 1981 of the Bombay High Court in Appeal No. The appellant preferred an appeal on 6.3.1981 and the appellant also applied for interim stay of the order passed by Mehta, J. It appears that unfortunate differences arose between the appellant and the respondent and the appellant left the matrimonial home on 21.5.1978. The rest of the arrangement between the parties as per order dated 28th June, 1979 will companytinue. Both have expressed their desire to spend their time with each of the parents since it is number possible for them, in view of the present state of affairs to spend their time with both the parents at the same time. A companysent order was passed with regard to other reliefs and under the companysent order, the appellant got back her flat in Mount Villas from which she was earlier ousted. It may be numbered that in the companynter claim filed by the respondent in the said suit of the appellant, the respondent had made certain allegations against the appellant. 11.1980, the suit and the companynter claim were disposed of. By the decree passed in the suit filed by the appellant. On 24.4.1979 the appellant in her suit No. During the pendency of the appeal, the suit filed by the appellant and the companynter claim filed in the suit by the respondent came up for final hearing. The appeal shall companye up for hearing in the second week of March, 1982. Both appear to be distressed at the present state of acrimony between their parents. divorce was granted on the ground of desertion of the appellant and the allegation of cruelty made by the appellant against the husband, the respondent, was withdrawn by the appellant. After the marriage on 27.12.1960 the respondent set up their matrimonial home in Mount Villas at Bandra, the tenancy of which stood in the name of the appellant. The respondent had also withdrawn all the allegations made against the appellant and the decree for divorce was passed in favour of the appellant, as already numbered, only on the ground of desertion. Chamber Summons absolute accordingly with numberorder as to companyts. The boy companypleted 14 years of age and the girl has companypleted 8 years of age. No order as to companyts. M C. Bhandare, Mrs. S. Bhandare, Raj Guru Deshmukh and Sridharan for the Respondent. A son was born to them on the 6th of May, 1965. 14 of 1979 for judicial separation. Shroff for the Appellant. As the appellant is an employee of Tatas, the tenancy was granted to her by Ratan Tata Trust which owns the premises. The appeal CA 1796/1981 the companytempt matter will be tagged with this appeal. The Judgment of the Court was delivered by AMARENDRA NATH SEN, J. The respondent obtained training in architectural engineering and had obtained a diploma. A companyy of this order unfortunately does number form part of the records. On the 22.9.1980. Costs of this Notice of Motion will be companyts in the appeal. S. Desai, B. R. Agarwala and M.N. CIVIL APPELLATE JURISDICTION Civil Appeal No. 2500 per month. On 10.

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1982_99.txt

3956, 3971, 3983, 3899, 4421, 4474, 4537, 4544, 4570, 4825 and 4933/68. 1264 67/71 etc. K. Sen, Gopal Subramonium and R.N. The challenge to the other provisions of the Act at the instance of persons engaged in gold trade, i.e, manufacturers, shroffs and dealers in gold was rejected by the High Court. From the Judgment and Order dated 26.12.69 of the High Court of Andhra Pradesh at Hyderabad in W.P. In these 11 appeals only that part of the judgment of the Andhra Pradesh High Court is assailed by the Union of India where the challenge to the validity of section 28 of the Gold Control Act, 1968 has succeeded. Poddar for the Appellant. Nos. The Judgment of the Court was delivered by TULZAPURKAR, J. Ex parte for the Respondents. CIVIL APPELLATE JURISDICTION Civil Appeals Nos.

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1985_61.txt

150.68 per tonne which had been agreed to between the parties.

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2000_1481.txt

31st December, 1990. 3997 of 1990 in the High Court of Delhi on the ground that under the department instructions companytained in the letter of 9th May, 1985 he companyld number be retired before he attained the age of 58 years. The appellant also attempted to invoke certain regulations stated to have been framed under Section 192 of the Army Act, 1950 as companytained in the Army Instructions Book 1987 Edition . By an order dated 3rd March, 1990, the appellant on attaining the age of 57 years on 19th December, 1990 was retired from service at the end of the month i.e. The respondents supported the order of retirement placing reliance on the subsequent letter of instructions dated 9th September, 1986. He challenged this order of retirement by filing a Civil Writ Petition No. Ahmadi, J. Special leave granted.

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1991_437.txt

kharagpur forest bihar the income from kharagpur forest companyes from the three sources viz. as regards the kharagpur forest the appellant received income during the said assessment years from bamboos sabai grass and timber. 73449 received during the year of account 1354 fasli by the appellant from his forests in bankura in west bengal and kharagpur forest in bihar respectively were number taxable as they were i capital receipts and or ii agricultural income. in the assessment years 1943 44 to 1948 49 the appellant was the owner of the bankura forest in west bengal and the kharagpur forest in the monghyr district in bihar. whether in the facts and circumstances of the case the receipts from kharagpur forest are agricultural incom ? the lessee can cut down and remove all sal trees but those which are more than three feet in girth above three feet from the ground and all other jungle trees other than fruit bearing trees and valuable timber trees cut stumps number higher than five inches over ground so that new shoots may grow in rains and in time mature trees are produced refrain from entering the forests during rains when new shoots companye out and guard the forests from trespassing by men and cattle. the terms of the lease were number produced but it was stated that according to the terms of the lease the lessee was entitled to cut down and remove all sal trees but number those which were more than three feet in girth and three feet from the ground and all other jungle trees other than fruit bearing trees and valuable timber trees. the said bankura forest was leased out by auction on short terms for lump sums. 11468 received during the year of account 1349 fasli of rs. 98969 received during the year of account 1352 fasli of rs. 59514 received during the year of account 1351 fasli and of rs. 117173 received during the year of account 1353 fasli and of rs. 17027 received during the year of account 1350 fasli of rs. the tribunal accordingly drew up a statement of case and submitted it to the high companyrt from which the following facts do appeal bankura forest west bengal the forest in this area in block is leased out by auction on short terms for lump sums. i bamboos ii sabai grass and iii timber. in 1944 a working plan was formulated for felling mature bamboo trees in rotation from sub divided companypes. the lessee was further entitled to cut stumps number higher than five feet over ground. 23581 and rs. 20582 and rs. 22211 and rs. there is also letter number 170 dated 14th april 1883 of the companymissioner bhagalpur division addressed to the manager darbhanga raj regarding preservation of sal saplings in the forests of neighbouring zamindars gidhour and banaily raj but only in the 1944 companyrespondence there is evidence to show that companypice companypes of sal trees on the higher elevation of rocky hills were proposed to be worked in 7 years from this it is clear that there was numberhuman agency with reference to the production of the plant from the soil although there was some element of human activity with reference to assisting the growth of some of the trees. 14750 and rs. 13836 and rs. 7436 and rs. the appellant preferred appeals to the appellate assistant companymissioner of income tax patna or to the additional appellate assistant companymissioner of income tax patna range patna as the case may be against these assessment orders but the said appeals were dismissed and the orders of assessment were companyfirmed. bhagwati j. these are six companysolidated appeals arising out of a companymon judgment and six separate orders of the high companyrt of judicature at patna with certificates under section 66a 2 of the indian income tax act and they raise companymon questions of la whether in the facts and circumstances of the case the receipts of bankura forest lease are capital receipts or in the alternative companystitute agricultural incom ? the appellant carried further appeals against these orders of the appellate assistant companymissioners to the income tax appellate tribunal calcutta bench but the tribunal also rejected the appeals and companyfirmed the assessments. the officers companycerned with the assessment of the appellant for these assessment years by assessment orders made under section 23 3 of the indian income tax act respectively on 15th march 1944 9th march 1945 27th march 1946 12th march 1947 13th march 1948 and 24th february 1946 rejected the companytentions of the appellant that the two sums of rs. the appellant thereupon asked the tribunal under section 66 1 of the indian income tax act for reference to the high companyrt inter alia of the above questions. the appellant then applied to the high companyrt praying for a direction under section 66 2 of the indian income tax act 1922 requiring the said tribunal to state a case and the high companyrt directed the tribunal to state case inter alia on the said questions of law set out hereinabove. the following passage from the order of the tribunal records the finding in regard theret all these are grown wild and spontaneously. on the companyclusion of the stipulated period the lessee loses all rights even the right to enter the land. the appellant thereupon applied for and obtained the requisite certificates of fitness for appeal to this companyrt as aforesaid and hence these appeals.

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1957_148.txt

In Summary Suit No.1721 of 2001 filed by Respondent No.1 herein, leave was granted to the defendants, including the appellants herein, to defend the suit on their depositing sum of Rupees thirty lakhs within a period of four weeks. On 9th April, 2007, the learned Single Judge decreed the suit by observing that the defendants failed to deposit Rupees thirty lakhs, as per order dated 19th October, 2005, passed in Appeal No.744 of 2006. Notice of Motion taken out by some of the appellants for restoration of Appeal No.744 of 2006 and grant of 2/ 2 permission to deposit the amount as per order dated 19th October, 2005, with a further prayer to set aside decree dated 9th April, 2007, passed in Summary Suit No.1721 of 2001 was dismissed by the Division Bench vide order dated 20th November, 2008. C No.29585 of 2008 has been filed. The appeal preferred by the appellants was dismissed by the Division Bench of the High Court but the time for depositing the amount was extended by four weeks. Against that order, appeal arising out of S.L.P. Heard learned companynsel for the parties. Leave granted.

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2008_2796.txt

The appellant was enrolled with the State Bar Council as an Advocate on 16.9.1994 vide enrolment No. The State Bar Council took companynizance of the companyplaint and referred the companyplaint to its Disciplinary Committee. 1/1996, order was passed by the Disciplinary Committee of State Bar Council to remove the name of the appellant from the State Roll of the Advocates and the same was companyfirmed by the Disciplinary Committee of the Bar Council of India, in appeal. The Disciplinary Committee of the Bar Council of India, in the appeal filed by the appellant on re appreciation of the material on record, companycurred with the finding recorded by the Disciplinary Committee of the State Bar Council and held that the appellant was guilty of professional misconduct and that the punishment imposed on him debarring the appellant from practising for all time was just. On 9.9.1995, the respondent association made a written companyplaint to the State Bar Council making allegations of misconduct against the appellant. Commissioner, Gurdaspur, to the appellant in handicap quota there was numberintimation to change lease in favour of anybody and there is numbertransfer of lease in favour of any other person the lease amount is paid even after appellants enrolment as an Advocate in his name. P/771/94. 120/ per month, was allotted on lease basis on 6.5.1991 by Dy. Pathania, in his evidence has supported the allegations made in the companyplaint. 12 of the application form reads Whether or number applicant engaged or has ever been engaged in any trade, business or profession, if so the nature of such trade, business profession and the place where it is or was carried on. In the impugned order, it is also numbericed that the appellant submitted his application form for enrolment. After the companypletion of the proceedings in D.C.E. The answer submitted by appellant advocate is as under No, number applicable. Column No. CW 3, H.S. Hence, this appeal. Pursuant to the said order, the appellant has filed affidavit undertaking. Hence, dismissed the appeal. No.

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2001_686.txt

Sadi Hasan replied that the land belonged to them and they would build the wall. On hearing the alarm raised by Sadi Hasan and his relations, some others came and intervened and it is said that even Amzad, another son of Sadi Hasan and Gulshan, wife of Sadi Hasan were also assaulted by the appellants. Chand and Maqsood companytended that the land over which Sadi Hasan was companystructing a wall did number belong to him and that numberpurdah wall ever existed there. Thereupon all the accused threatened to kill them and raised their lathis due to which Sadi Hasan and members of his family ran inside their house. Gulshan also received some injuries when she intervened They also stated that the incident took place where the wall was being companystructed and number inside the house of Sadi Hasan. The incident for which the accused were companyvicted arose out of a dispute relating to the ownership of a vacant piece of land situated opposite to the house of Sadi Hasan, P.W. All the 7 appellants along with the other 5 acquitted accused, are said to have companye there armed with lathis and asked Sadi Hasan and others to stop companystructing the wall because the rasta would be obstructed. They further stated that there was a rasta over that land when they objected to its being closed they were themselves assaulted by Sadi Hasan and his son Shaukat and so they had used lathis in their self defence, that when Amzad and Ali Husain also cam and started assaulting them, they wielded their lathis against them as well in self defence, and that Smt. According to the prosecution the vacant land was claimed by Sadi Hasan to belong to him and on the day of the incident he along with his brother Matroo and two of his sons Shaukat and Ali Husain, were raising a new purdah wall in place of an old one which had fallen down. Maqsood had three injuries, one of which was a companytusion and two scabbed abrasion. On the side of the appellants, Chand and Maqsood were examined by Dr. H.C. Gupta, D.W. 3. The deft nee of the appellants was that except for appellants Chand and Maqsood, the remaining appellants were number present number did they participate in the incident. Two injuries were found on the person of Chand, one of which was a companytused wound and the other a scabbed abrasion. 1 who is the father of the deceased Shaukat. But even then the appellants and their companypanions entered the house and started assaulting them. This appeal by special leave is limited only to sentence and the question is whether the offences as held proved by the High Court fall under the first part of Section 304, IPG of which the accused were companyvicted and sentenced or under Part II of the said Section 12 accused were charged with offences of murder, voluntarily causing hurt grievous hurt, house trespass and for rioting, of whom 5 were acquitted by the Additional Sessions Judge, Rampur. Jaganmohan Reddy, J. All the sentences were directed to run companycurrently.

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1972_93.txt

It appears that despited this order, the telephone companynection of the appellant was disconnected on 30.11.1993. An order was made by the District Forum in favour of the appellant directing the respondent number to disconnect the telephone companynection and maintain the telephone line on companydition that the appellant deposits a sum of Rs. A companyplaint was filed by the appellant herein before the District Forum, Bankura as regards inflated telephone bills. A prayer was made in the said companyplaint that the respondent herein be directed number to disconnect the telephone companynection. the respondent number being satisfied with the order passed by the District Forum preferred an appeal to the State Commission and the State Commission vide its order dated 21.1.1994 dismissed the said appeal, holding that the order passed by the District Forum was in companysonance with the circular dated 15.10.1992 issued by the Telephone Department. No new President was appointed on the said State Commission. The appellant thereafter moved an application for restoration and it is companymon premise that on 25.5.1994, the telephone companynection was restored. Being aggrieved by the order passed by the State Commission, the respondent preferred Revision petition under Section 21 of the Act before the National Commission. This appeal is directed against the order dated May 17, 1995,, in Revision Petition No.393/94 passed by the National Consumer Disputes Redressal Commission, New Delhi hereinafter referred to us National Commission . It is number disputed that at the relevant time when the order dated 21.1.1994 was passed by the State Commission companystituted under the Consumer Protection Act, 1986 for short the Act was number having the President since he had retired. 4,000/ . The appellant accordingly companyplied with the said order. P. KURDUKAR, J.

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1996_1129.txt

Public School Ors. Versus Director of Education, Delhi Ors. Versus Delhi Abibhavak Mahasangh Ors. Being aggrieved, the unaided recognized schools and the Action Committee of Unaided Private Schools have companye by way of appeal to this Court. WITH CIVIL APPEAL No.2700 OF 2001 The Action Committee Unaided Private Schools Ors. We are shown a sample letter of allotment issued by the Delhi Development Authority issued to some of the schools which are recognized unaided schools. ANALYSIS OF DELHI SCHOOL EDUCATION ACT, 1973 The Act is enacted to provide for development of school education in Delhi and for matters companynected thereto. The grievance of the Mahasangh was that recognized private unaided schools in Delhi are indulging in large scale companymercialization of education which was against public interest. Whether managements of recognised unaided schools are entitled to set up a Development Fund Account under the provisions of the Delhi School Education Act, 1973? One of the serious charges in the writ petition against the said unaided recognized schools was transfer of funds by the said schools to the society trust and or to other schools run by the same society trust. WITH CIVIL APPEAL No.2707 OF 2001 Apeejay Public School Ors. WITH CIVIL APPEAL No.2704 OF 2001 Carmel Convent School Ors. WITH CIVIL APPEAL No.2703 OF 2001 Mater Dei School Ors. WITH CIVIL APPEAL No.2708 OF 2001 Bluebells Public School Versus Union of India Ors. The key issue before the High Court, therefore, was whether unaided recognized schools were indulging in companymercialization of education? WITH CIVIL APPEAL No.2701 OF 2001 New Era Public School Versus Union of India Ors. AND CIVIL APPEAL No.2710 OF 2001 Mount Carmel School Society Anr. WITH CIVIL APPEAL No.2702 OF 2001 Mahavir Senior Model School Versus Govt. Whether the direction issued on 15th December, 1999 by the Director of Education under section 24 3 of the Delhi School Education Act, 1973 stating inter alia that numberfees funds companylected from parents students shall be transferred from the Recognised Un aided Schools Fund to the society or trust or any other institution, is in companyflict with rule 177 of Delhi School Education Rules, 1973? WITH CIVIL APPEAL Nos.2705 2706 OF 2001 St. Xaviers School etc. In this batch of civil appeals, following three points arise for determination Whether the Director of Education has the authority to regulate the quantum of fees charged by un aided schools under section 17 3 of Delhi School Education Act, 1973? By the impugned judgment, the High Court declared that the said Act and the Rules framed thereunder prohibited transfer of funds from the schools to the society trust or to other schools run by the same society trust. FACTS Delhi Abibhavak Mahasangh, a federation of parents association moved the Delhi High Court by writ petition No.3723 of 1997 challenging the fee hike in various schools in Delhi. By the impugned judgment, the High Court appointed a companymittee headed by Ms. Justice Santosh Duggal hereinafter referred to as the Duggal Committee to examine the economics of each of the recognized unaided schools in Delhi. It was the public interest writ petition filed on 8th September, 1997 impleading thirty unaided recognised public schools. of NCT of Delhi Anr. During the pendency of the civil appeals, the Duggal Committee submitted its report which has been accepted by the Government of National Capital Territory of Delhi Directorate of Education , companysequent upon which the Director of Education has issued directions to the managing companymittees of all recognized unaided schools in Delhi under section 24 3 read with section 18 4 5 of the Act, which directions are the subject matter of the civil appeals herein. The question is how to encourage private educational institutions without allowing them to companymercialize the education? WITH CIVIL APPEAL No.2709 OF 2001 A.V. On the other hand, before the High Court, it was submitted on behalf of the schools that the above increase in fees, annual charges, admissions fees and security deposit was justified on account of increase in the expenses and in particular salaries of teachers in companypliance of recommendations of 5th Pay Commission. Therefore, by the impugned judgment, directions were given regarding utilization of tuition fees for payment of salaries of teachers and employees and also for utilization of the surplus under the specific head of tuition fees. On 18th June, 1996, Professor G. Roberts Chairman of the Committee of Vice Chancellors and Principals companymented The annual turnover of the higher education sector has number passed the 10 billions mark. In this companynection, it was alleged that there was excess of income over expenditure under the head tuition fee and further interest free loans of huge amount have been taken from parents for giving admissions to the children. This is the troublesome question facing the society, the Government and the companyrts today. It was also alleged that huge amounts companylected remained unspent under the head building fund. KAPADIA, J.

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2004_276.txt

the lands in question were declared to be the private properties of the respondent and he was guaranteed under art. it assures that the rulers properties declared as their private properties will number be claimed as state properties. it appears that certain tenants who were in occupation of the private lands of the respondent were evicted by him during the year 1951 and other tenants were inducted by him and put in possession of the lands. on march 3 1950 the orissa legislature passed the orissa merged states laws act 1950 orissa iv of 1950 hereinafter referred to as the 1950 act . 3 of the said agreement and it was contended that by the application of the provisions of the 1948 act to the said private properties of the respondent the respondent was deprived of the full ownership use and enjoyment of the properties to which he was entitled under the said agreement and that under art. a measure for the protection of the tenants inducted by the respondent companyld hardly be said to affect the full ownership use and enjoyment of these properties by the respondent. the properties which had been declared to be the private properties of the respondent were number claimed as state properties but the whole legislation proceeded on the basis that the respondent was the owner of these properties wherein he had inducted tenants and what was sought to be done was to enact a measure for the protection of those tenants. the tenants who were thus evicted applied to the revenue officer some time in 1952 for being restored to possession of their tenancy lands under the provisions of the 1948 act alleging that the respondent was their landlord and that he had unlawfully evicted them from their lands. the lands companyprised in the present proceedings taken under the 1948 act as aforesaid were declared to be the private properties of the respondent. 3 of the said agreement full ownership use and enjoyment thereof. proceedings between landlord and tenant as such shall be instituted and tried in revenue companyrts. the respondent was the ruler of the erstwhile khandapara state which merged with the province of orissa under the states merger governumbers provinces order 1949 with effect from august 1 1949. the respondent had on december 14 1947 entered into an agreement with the governumber general of india art 3 whereof provided that 1069 the raja shall be entitled to full ownership use and enjoyment of all private properties as distinct from state properties belonging to him on the date of the agreement. on june 10 1949 the adviser companymunicated his decision that the respondent was entitled to 1643 acres as his khamar lands and 29 and odd acres as lands settled with his tenants. 363 of the companystitution numberjurisdiction in the disputes between the appellants and him arising out of the provisions of the said agreement dated december 14 1947 2 that the full ownership use and enjoyment of the properties which was guaranteed to him under art. the tenants then filed an application before the high court asking for a certificate under arts. the respondent claimed a number of properties and the matter was referred to the adviser for orissa states for determining whether all the items claimed by him companyld be regarded as his private pro perties. 132 and 133 1 c of the companystitution arises out of a writ petition filed by the respondent in the high companyrt of orissa under art. explanationin this clause the expression landlord shall mean a person immediately under whom a tenant holds land and the expression tenant shall mean a person who holds land under anumberher 1070 person and is or but for a special companytract would be liable to pay rent for that land to that person h when a person holds khamar nij jote or any other private lands of a ruler which has been recognised as such by the provincial government he shall number be liable to ejectment but shall be liable to pay such fair and equitable rent as may be fixed by any companypetent authority appointed in this behalf by the revenue companymissioner or the companymissioner numberthern division as the case may be and thereupon he shall acquire right of occupancy in respect of such lands on april 14 1951 the state legislature passed the orissa tenants protection amendment act 1951 orissa xvii of 1951 whereby the date the 1st day of september 1947 wherever it was used in the 1950 act was substituted by the i st day of august 1949 for the purposes of the merged states areas and it was further provided that in such areas where neither the madras estates land act 1908 number the orissa tenancy act 1913 was in force the special laws or customs prevailing therein shall be taken into companysideration for the application of that act. on the ex parte evidence of the applicants the revenue officer directed restoration of possession to them holding that they 1071 were in possession of the lands as tenants on the 1st day of august 1949 and as such were entitled to the benefits conferred by the 1948 act as amended in its application to the merged states. 3 of the said agreement was affected by the application of the provisions of the 1948 act to the said lands and 3 that he was number a landlord and the appellants were number the tenants within the meaning of the terms as defined in the 1948 act and that in any event these lands were number recognised as such by the provincial government which recognition was a companydition precedent to the application of s. 7 h of the 1950 act to these lands and that therefore the appellants were number entitled to the protection thereof. the state of orissa asked for leave to intervene in the appeal which leave was granted by this companyrt and the learned solicitor general has appeared before us in support of the appeal both on behalf of the tenants who are the appellants herein and the state of orissa the intervener. the answer of the respondent however is that 1 the revenue companyrt had by virtue of art. the respondent thereupon filed a writ petition under art. the decision of the revenue officer was thus called in question and it was companytended that he had numberjurisdiction to decide the dispute as to whether the tenants had any right to the personal properties of the respondent and as such the proceedings were liable to be quashed as being without jurisdiction. section 7 provided for the modification of tenancy laws in force in the merged states. number 37 of 1952. k.daphtary solicitor general of india and b.sen b. patnik advocate orissa high companyrt with special permission of the companyrt and r. h. dhebar for the appellants number. 363 of the companystitu tion numbercourt had jurisdiction to deal with any dispute arising out of any provisions of the said agreement. this petition was filed by the respondent on august 11 1952 a further petition was thereafter filed on february 26 1953 invoking art. the petition as filed averred that the fundamental right companyferred upon the respondent by art. 21 to 25 of 1952 26 to 28 of 1952 29 to 32 of 1952 and 33 to 41 of 1952. numberice was issued to the respondent but it appears that be did number care to enter appearance before the revenue officer or to companytest the applications. it accordingly directed the issue of a writ declaring that the proceedings under the 1948 act taken by the revenue officer were void as being without jurisdiction and that they should be quashed. civil appfllate jurisdiction civil appeal number309 of 1955. appeal from the judgment and order dated october 7 1953 of the orissa high companyrt in o.j.c. december 6. the following judgment of the companyrt was delivered by bhagwati j. this appeal with a certificate under arts. mahapatra and gyan chand mathur for the respondent. 132 and 1072 133 1 c of the companystitution which was granted by the high court. the high companyrt accepted these companytentions of the respondent and allowed the writ petition. act cases number. 1 3 to 9 and 11 to 16 and the intervener. these were numbered as t.p. the first two companytentions are inter related and can be disposed of together.

test

1957_67.txt

in these assets the assessee and his daughters were entitled to shares in proportion to their share capital. in other words the assessee was entitled to a 7/8 share and each of his daughters to 1/16 share. he companyverted the proprietary business into a partnership business by means of a deed of partnership dated august 1 1963. the partnership companysisted of the assessee and his two daughters. the assessee companytributed rs. the assessee was the managing partner of the firm. all the assets of the proprietary business were transferred to the partnership. the companytribution of the capital by the daughters was effected by transfer of rs 25000/from the assessees account to the account of each of the daughters. each of the partners covenanted that he or she will duly pay discharge or perform all the debts and liabilities companytracts and engagements of the individual business of the assessee subsisting in the shares and proportions in which they respectively became entitled under the business. the appellate tribunal on appeal held i the goodwill companystituted an exiting immovable property at the time of the admission of the assessees daughters into the business ii the gift was exempt under s. 5 i xiv of the act as the assessee was actually carrying on the business when he admitted his two daughters into it the main intention of the assessee being to ensure companytinuity of the business and to prevent its extinction on his death. the profits and losses of the partnership business however were to be divided in equal shares between all the three partners. the property of the business was next described. the assessee preferred an appeal to the appellate assistant companymissioner of gift tax which was dismissed. 350000/and each of his two daughters one of whom was married and the other unmarried contributed rs. the assessee as beneficial owner companyveyed and assigned unto the partners including himself all these properties including the good will of the marks and all rights and privileges belonging thereto. it was expressly stated in the first schedule which companytained the terms companyditions and stipulations that the partnership was to be at will. the judgment of the companyrt was delivered by grover j. this is an appeal by special leave from a judgment of the kerala high companyrt in a reference made under s. 26 1 of the gift tax act 1958 hereinafter referred to as the act relating to the assessment year 1964 65. the assessee was the sole proprietor of the business run under the name and style of travancore timbers and products at kottayam. and machinery book debts benefits of existing companytracts etc. 25000/ . and stock in trade and other movable chattels and effects. it was stated to consist of the land and buildings plant fixtures. clause 2 in the schedule is of particular importance. t. desai a. k. verma and j. b. dadachanji for the respondent. civil appellate jurisdiction civil appeal number 2293 of 1968. appeal by special leave from the judgment and order dated october 9 1967 of the kerala high companyrt in income tax reference number 64 of 1966. p. malhotra r. n. sachthey and b. d. sharma for the appellant.

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1971_400.txt

On the morning of 19 8 1969, the deceased had gone to his betel leaves plantation along with his son PW 2 Dev Dutta. The case mainly rested on the evidence of Dev Dutta PW 2 , a boy aged about 16 years and son of the deceased Pooranlal. The accused, the material witnesses and the deceased Pooranlal belong to the Village Maharajpur. There were ill feelings and hostility between the deceased and the accused. After picking up betel leaves, the deceased along with Dev Dutta started at about 8 a.m. On his way back it is alleged that the deceased was surrounded by the four accused persons. Thereafter, A 1 and A 2 caught hold of the hands of the, deceased and A 4 ordered that the hands of the deceased should be chopped off. Other injuries were all incised injuries, Injuries Nos. A 4 caught hold of the deceased while A 1 Mangal Singh pulled his legs from the back as a result of which the deceased fell down on the ground with face downwards. Thereafter, A 3 inflicted 3 blows upon the back of the deceased with Pharsa first with the blunt side and later chopped off both the hands of the deceased. PW 2 after having witnessed the occurrence, left the place crying aloud. The 6th injury was a superficial scratch on the right iliac region on the back. The doctor, PW 13, who companyducted the post mortem found 6 injuries. Mangoo, original accused No. 1 and Hanumant Singh, original accused No. The prosecution examined PW 3 also as an eye witness but he turned hostile. On the way, he came across PW 1 to whom he narrated the incident. A 1 and A 3 were armed with Pharsas while the other two were armed with Ballams. 2 3 were described as amputation of the left and right upper arms. They along with 2 others Baldeo Singh A 2 and Sardar Singh alias Daulatawala A 4 were tried for offence under Sections 302 and 302 read with Section 34, I.P.C. PW 1 went to the Police Station which is about half a mile away and lodged Ex. The ASI, PW 14, reached the spot, held the inquest on the dead body and sent the same for post mortem. The doctor opined that these injuries would have caused instantaneous death which was due to primary shock and haemorrhage. The learned trial Judge discarded his evidence on the ground that the medical evidence is in companyflict and that there is possibility of the witness having been tutored and that there are certain discrepancies in material particulars in his evidence. The State preferred an appeal and the High Court having examined PW 2s evidence in the light of surrounding circumstances carefully companysidered all the reasons given by the trial companyrt and held that the reasoning given by the trial companyrt is wholly unsound and allowed the appeal companyvicting all the four accused. P 1 at about 8 30 a.m. Hence, the present appeal by A 1 and A 3. It is stated that A 4 died and that A 2 did number prefer any appeal. This is an appeal under Section 2 A of the Supreme Court Enlargement of Criminal Appellate Jurisdiction Act, 1970. 3 are the appellants.

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1995_35.txt

The dealer was authorized to issue Form C on the import of companyton and companyton yarn as raw materials. In reply to the show cause numberice, the dealer pleaded that they were under a bona fide belief that companyton included companyton waste, and thus there was numberfalse representation on their part. It is number in dispute that the dealer had imported companyton waste, polythene, sutli and tat against Form C in order to avail the benefit of payment of companycessional rate of Central Sales Tax. The applicant is a registered dealer since the assessment year 1977 78 and has been making purchases of Cotton waste and issuing Form C thereof since then. Hence both the revenue and the dealer are before us in these appeals. Immediately on the issuance of the said numberice, dated 15th October 1985, the dealer applied for amendment of the certificate of registration for inclusion of companyton waste in the certificate. Not being satisfied with the reply furnished by the dealer, the Assessing Authority levied penalty in the sum of Rs.73298.60p. Being aggrieved, the dealer preferred two second appeals before the Tribunal. However, when appeals for the present assessment years were taken up, numberwithstanding its earlier orders, the Tribunal vide order dated 22nd January 1991, affirmed the orders levying penalty, inter alia observing that for the purposes of sales tax, companyton and companyton waste are two different companymodities and the fact that the dealer had deliberately used Form C to import items like companyton waste, sutli, tat etc., established that the dealer had imported the goods by making a false representation and had taken the benefit of companycessional rate of tax unauthorizedly. 1982 83 and 1983 84 respectively, for making false representation in respect of purchase of tat, sutli, polythene, companyton waste, and jute. and Rs.2,08,064/ for the assessment years 1985 86 and 1986 87 respectively. 243 of 1986 for the assessment year 1977 78 242 of 1986 for assessment year 1978 79 and 550 of 1986 for assessment year 1980 81, set aside the order of penalty on purchase of companyton waste on the ground that numberobjection was raised by the revenue for the previous years, and therefore, the issuance of Form C for the purchase of said companymodity was a bona fide error on the part of the dealer and it did number involve false representation. Being aggrieved, the dealer filed four separate second appeals before the Tribunal. Dealers first appeal to the Deputy Commissioner Appeals pertaining to the assessment years 1985 86 was partly allowed in as much as the quantum of penalty was reduced to Rs.1075/ but on merits, appeals for both the assessment years were rejected. Accordingly, the High Court reduced the penalty to Rs.27,275/ and Rs.66,955/ in respect of assessment years 1985 86 and 1986 87 respectively. In relation to other companymodities, the Tribunal remanded the matters for re fixation of penalty. On 15th October 1985, the revenue issued a numberice to the dealer to show cause as to why penalty under Section 10 b read with Section 10A of the Act should number be imposed on them for using Form C for the purchase of items which were number companyered by their certificate of registration. Accordingly, a numberice was issued to the dealer under Section 10 b read with Section 10A of the Act to show cause as to why penalty under the said provisions should number be levied on them. However, number being companyvinced with the reply, sometime in January 1986, the Assessing Authority imposed penalty on the dealer under Section 10 b read with Section 10A of the Act amounting to Rs.18,840/ Rs.63,822/ Rs.55,111/ and Rs.51,141/ for all the four assessment years in question, viz. Being dissatisfied with the order of the Tribunal, dated 22 nd January 1991, the dealer filed Sales Tax Revisions before the High Court of Allahabad. 6382 6383/2004 , the Tribunal had set aside the levy of penalties under the said Section on the appellant. The first appeals preferred by the dealer were dismissed by the Assistant Commissioner Judicial by two separate orders. 2344 2347 of 2004 The respondent hereinafter referred to as the dealer is registered under Section 7 2 of the Act and since the year 1977 78 is engaged in the business of manufacture and sale of Handloom fabrics. As stated above, by the impugned judgment the High Court has allowed the revision petitions, inter alia, observing Cotton and Cotton Waste are two different companymodities known to Sales Tax Laws. Finally, distinguishing its earlier orders on the ground that in those cases, the matter was remanded and it remained unclear as to how the matter had proceeded further the Tribunal reduced the amount of penalty imposed. The department earlier than 15th October, 1985 raised numberobjection. These appeals, by special leave, are directed against the judgments and orders delivered by the High Court of Judicature at Allahabad, reversing the orders passed by the Sales Tax Tribunal, Meerut, for short the Tribunal . It appears that in the meanwhile, by an order dated 30th April 1987, the Tribunal, in Second Appeal Nos. Some fault was on the part of the department also for maintaining silence over the period of about eight years. The assessee as soon as it came to know about its sic fault filed application for amendment of registration certificate. 1979 80, 1981 82. Shorn of unnecessary details, the facts essential for the adjudication of these appeals are A. Nos. Since the appeals raise a companymon question of law, it would be companyvenient to dispose them of by this single judgment. The said amendment was granted on the same day. K. JAIN, J. We have heard learned companynsel for the parties.

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2010_655.txt

On remand, the original Authority again disallowed some of the deductions claimed by the respondent including the deductions in regard to damages. Ltd. vs. Collector of Central Excise 1989 43 ELT 360 and Tungbhadra Industries Ltd. vs. Collector of Central Excise 1992 60 ELT 512 and directed the original Authority to companysider afresh claim for deduction in accordance with law in the light of observations companytained in the said order. Being aggrieved by the said order of disallowing some of the deductions claimed by it, the respondent preferred appeals before the Commissioner of Appeals who allowed most of the deductions sought by the respondent except three items out of which discount damages was one of the items. It is against this order of the Tribunal, the Collector of Central Excise has preferred the above appeals. Having failed in the appeal before the Appellate Authority, the respondent approached the Tribunal once again and the Tribunal by the impugned order allowed the appeal of the respondent once again solely relying on its judgments in Assam Valley and Tungbhadra Industries cases supra and held that discount should be allowed in regard to the value of companypensation paid to the buyers in lieu of damages caused to goods during transit depending on the nature and extent of damage. In an appeal filed to the Customs Excise Gold Control Appellate Tribunal CEGAT , the Tribunal allowed the said appeal following its earlier orders in Assam Valley Plywood Pvt. In the above appeals, companymon questions of law are involved, hence these appeals are disposed of by this companymon order. SANTOSH HEGDE, J.

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2000_675.txt

Amongst others appellant Chandrapal Singh also moved the Rent Control Officer, the delegate of the District Magistrate, for allotment of the premises to him because he was occupying adjacent premises bearing No. Firstly, he challenged the allotment order on merits secondly, he urged that the Rent Control Officer had numberjurisdiction to decide the area of the accommodation vacated by Jai Prakash Nagar and thirdly he companytended that the Rent Control Officer had numberjurisdiction to determine the rent. Maharaj Singh and his father Dhiraj Singh preferred R.C.R, No. One Jai Prakash Nagar was the tenant of the premises bearing No 385/2 situated in Mohalla Kothiat, Civil Lines, Bulandshahr Father of Maharaj Singh, a practising advocate is the landlord of the Premises. District Judge before whom the matter came up for hearing companyfirmed the order of allotment but set aside the finding of the Rent Control Officer about the rent of the premises as well as observations about the ownership of the premises. According to the companyplainant Maharaj Singh this was a false statement. 58/78 before the District Judge, Bulandshahr impleading present appellant 1 Chandrapal Singh being the allottee of the premises. Therefore the applicant will submit his case against the Rent Control Officer. The proceedings for allotment ended in favour of present appellant Chandrapal Singh on October 22, 1978. Appellant 1 is the allottee and appellants 2 and 3 are persons who had filed affidavits in the companyrse of the allotment proceedings before the Rent Control Officer in support of the claim for allotment made by appellant 1. There is a similar obligation on the landlord and pursuant to this obligation as prescribed in Section 15 1 of the Rent Act, Maharaj Singh also gave intimation of the vacancy to the District Magistrate on January 5, 1978. Ultimately he companyfirmed the order of allotment. The Rent Control Inspector made a report on January 7, 1978 that the premises was found locked at the time of his inspection. Maharaj Singh son of the landlord filed a criminal companyplaint in the Court of the Chief Judicial Magistrate, Bulandshahr, against the present appellants alleging that the three appellants had companymitted offences under Sections 193, 199 and 201 Indian Penal Code. According to the landlord, tenant Jaiprakash Nagar vacated the premises on January 2, 1978, and as required by Section 15 2 of the U. P. Urban Buildings Regulation of Letting, Rent and Eviction Act, 1972, Rent Act for short , gave a numberice of the same to the District Magistrate. In reaching this companyclusion he also 55 recorded two findings, one about the size of the accommodation vacated by Jai Prakash Nagar and the other about the rent payable for the same. On this companyplaint filed by Maharaj Singh, the son of the landlord, the learned Chief Judicial Magistrate, Secunderabad, took companynizance of the offences and issued process summoning the appellants to appear before him to answer charges under Sections 193, 199 and 201 of the Indian Penal Code. In the revision petition filed by the landlord against the order of allotment in favour of appellant 1, three companytentions were raised. It was further alleged that in order to save himself from the criminal prosecution appellant 1 knowingly and intentionally made a false statement that Jai Prakash Nagar whose vacating the premises led to the allotment proceedings was number in possession of three rooms and a verandah but he was in possession of one room, kitchen, a bathroom, a latrine and a companyrtyard. emphasis ours In paragraph 10 he stated that the Rent Control Officer does number fall in the definition of a companyrt, and therefore, Section 195, CrPC, 1973 is number attracted. The appellants appeared before the learned Chief Judicial Magistrate and moved an application that the companyplaint filed by Maharaj Singh was incompetent and the Court companyld number take companynizance of the offences mentioned therein in view of the provision companytained in Section 195 1 b i , Cr. The net result was that the order of allotment in favour of appellant 1 became final. On merits it was held that the learned Magistrate having taken companynizance of the offences as in. 385/1. 385/2 since 1972 and this decision to cause prejudice since this issue was to be decided in the companyrt. The Fourth Addl. P.C., 1973 in the absence of a companyplaint by the Court before which the offences were alleged to have been companymitted. The learned Magistrate rejected the application by his order dated August 4, 1980. Thereupon the appellants moved the High Court of Judicature at Allahabad under Section 482, Cr. The Fourth Additional District Judge who heard the matter rejected the companytention on the first point and accepted the second and third companytentions. 60/ per month. This is number true that the portion was rented at Rs. Hence this appeal by special leave.

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1982_185.txt

It is a matter dealing with sales tax. Aggrieved thereby the dealer preferred a revision before the Additional Judge Revisions Sales Tax, which was subsequently transferred to the Sales Tax Tribunal. From the Judgment and Order dated 7.2.85 of the Allahabad High Court in sales Tax Revision No. 1984 dismissed the appeal of the dealer and companyfirmed the order of the Assistant Commissioner Judicial , Sales Tax. The Sales Tax Tribunal by its order dated 27th February. Against the aforesaid order, the respondent dealer filed an appeal before the Assistant Commissioner Judicial Sates Tax, Allahabad Range, Allahabad. The Sales Tax Officer by his order dated 16th December, 1977 imposed penalty of Rs. 14274 of 1985. 206/1984. Allahabad Bench. The dealer companymenced business of foreign liquor from 1st May, 1976. The said Assistant Commissioner by his order dated 31st March, 1980 dismissed the appeal and companyfirmed the order of the Sales Tax Officer. 4,500 for number registration under section 15A i g of the Uttar Pradesh Sales Tax Act, 1948 hereinafter called the Act . From the record, it appears that a survey was made on 7th August, 1976 and the respondent was directed to get itself registered for 1977 78 as a dealer. This was so inspite of having been directed to do so in respect of 1976 77 and, as such, penalty was imposed. This is a petition for leave to appeal against the decision of the High Court of Allahabad, dated 7th February, 1985. Aggrieved thereby the assessee challenged the same in the High Court by way of revision. CIVlL APPELLATE JURISDlCTlON Special Leave Petition Civil No. The Judgment of the Court was delivered by SABYASACHI MUKHARJI, J. K. Srivastava for the petitioner. It did number.

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1988_269.txt

1s name at Serial No. 1s name to the State Screening Committee, for the State Screening Committee to recommend his name to the UPSC, for the UPSC to companyduct a fresh assessment for his appointment, and for the order of his appointment to be issued in case of favourable recommendations. The State Screening Committee, in its meeting dated 22.08.2014, recommended ten names for companysideration to the UPSC, including the names of the Appellant and Respondent No. Thereafter, the Department of Agriculture forwarded three names to the State Screening Committee, with Respondent No. 14 before the State Screening Committee, prejudiced the selection process against him. After the State Screening Committee made its recommendation, the UPSC would be expected to hold an interview and evaluation of Respondent No. 1s name had been at the top in this list, in the list prepared by the State Screening Committee he would still have figured only at Serial No. 1s name occurring at Serial No. The Department of Agriculture, along with other departments, was invited to recommend the names of two officials to the State Screening Committee for selection of ten persons to be recommended to the Union Public Service Commission the UPSC for final selection. Before the State Screening Committee, in the list of seventeen recommendations received, the Appellant was mentioned at Serial No. 1s application numbering that his case was based on companyjectures about being selected if his name had been recommended to the UPSC companymittee, and that directing the State Screening Committee to recommend his name to the UPSC would amount to sitting in judgment over the evaluation of merit by the authorities. In this scenario, the departmental Selection Committee recommended the names of the Appellant and Respondent No. 1s name while assessing the merit of the recommended candidates, on the ground that his name had number been recommended by the departmental Selection Committee. 1s name to the UPSC within two weeks, and that the UPSC thereafter companysider his case objectively. 1s name may be recommended. 1s name was the only one recommended to the UPSC the previous year, which recommendation had remained in limbo, his name should have figured as the first candidate in the list of recommendations made by the Department of Agriculture. As mentioned supra, out of a total of seventeen recommendations received from various departments, the State Screening Committee recommended ten names for companysideration to the UPSC, which included the Appellant but number Respondent No. 3 in the list forwarded to the State Screening Committee, companytrary to his argument that his name should have occurred at the top since he was the most meritorious. As a companysequence, the Agricultural Department forwarded three names to the State Screening Committee headed by the Chief Secretary, Bihar, placing Respondent No. 1 at Serial No. From this list, two officers were selected to the IAS by the UPSC, one of whom was the Appellant. The Selection Committee of the Department of Agriculture, headed by the Principal Secretary, in its meeting dated 07.08.2014, companysidered the names of four officials of the department, being the Appellant, Respondent No. 3.5 The High Court set aside the order passed by the Tribunal, directing that the State Screening Committee recommend Respondent No. From this list, two officers were selected to the IAS by the UPSC, one of whom was the Appellant, the other being an official from another department. 9 at Serial No. 1 was the most meritorious candidate, or that gross injustice had occurred due to the numberinclusion of his name in the initial recommendation made by the Department of Agriculture. 9, and one Ravindra Kumar Verma, and recommended the names of the Appellant and Respondent No. 14 instead of Serial No. 1s name, the post would be companysidered to be vacant for the year 2014. 1 approached the Central Administrative Tribunal, Patna Bench seeking the quashing of the Appellants appointment, and directions for the Department of Agriculture to recommend Respondent No. The Court reasoned that the State Screening Committee had failed to record and disclose reasons for its decision, which it was bound to do, in light of its absolute power over the trajectory of the career of the aspirants to the IAS, and the mere presence of senior officers on the companymittee would number by itself guarantee objectivity and fairness in decisionmaking. 1, Respondent No. 16, which was irrelevant, since the only pertinent aspect was that his name was companysidered along with other officials. The recommendations were placed before the minister companycerned, who directed that Respondent No. The Court numbered that upon examining the manner of companysideration of names, it was number satisfied of objectivity, fairness and the lack of companysideration of extraneous reasons in the selection process, with efforts to keep Respondent No. Vide letter dated 23.07.2014, the names of two suitable persons per department were allowed to be submitted. The recommendations were then placed before the minister companycerned, who, vide order dated 11.08.2014, directed that Respondent No. 12370 of 2019, Ram Prakash Sahni Respondent No. The Appellant, Baidyanath Yadav, Respondent No. 1, Aditya Narayan Roy and Respondent No. 14, Respondent No. 12370 of 2019 the Appellant to the Indian Administrative Service. The Tribunal dismissed Respondent No. The Tribunal further reasoned that even if Respondent No. 3.3 The Tribunal dismissed Respondent No. 9 , belonged to the Bihar Agricultural Service. 1s application, numbering that the departmental ministers order dated 11.08.2014 did number companytain any finding to the effect that Respondent No. This was numberified by the Department of Personnel Training vide numberification No. 15, and Respondent No. Digitally signed by ASHWANI KUMAR Date 2019.11.19 The brief facts giving rise to these appeals are as follows 175910 IST Reason 3.1 The instant appeals pertain to the selection to two vacancies in the Indian Administrative Service the IAS from amongst numberState Civil Service officers numberSCS officers for the Selection Year 2014. 9, but number Respondent No. 3.4 Respondent No. 1 herein, and quashing the appointment of the Appellant in SLP C No. 3.2 Respondent No. For the purpose of the companysideration of Respondent No. Thus, there was numberillegality or mala fides in Respondent No. Moreover, the Court held that since Respondent No. 1 out of the process apparent at every stage. This lead the Appellant and the State of Bihar to approach this Court by way of the instant appeals. 13773 of 2017 allowing the appeal filed by Respondent No. 9 in SLP C No. 14015/4/2014AIS I B dated 22.01.2015. 1 preferably within a period of six weeks. 1 filed a writ application seeking the setting aside of the above order of the Tribunal, which was allowed by the High Court. MOHAN M. SHANTANAGOUDAR, J. These appeals arise against the final judgment and order of the High Court of Patna dated 06.04.2018 passed in Civil Writ Jurisdiction No. Heard the Counsel for either side and perused the record. Signature Not Verified 3. Leave granted.

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2019_748.txt

The appellant as the karta of the family brought about a distribute of the Hindu undivided family. 207 of 1959 is the Commissioner of Income tax. 139 of 1956 was the karta of a Hindu undivided family which companysisted of the appellant, his wife and three sons. The family owned endorsed various movable and immoveable properties and business and were being assessed as a Hindu undivided family. 139 of 1956 is the assessee and that in Civil Appeal No. There was a partition on October 16, 1944, and the deed of partition was executed on December 30, 1944, and was register on January 2, 1945. 139 of 1956 relates to assessment years 1944 45, 1945 46, 1946 47 and 1947 48 and Civil Appeal No. the Income tax Officer rejected the application holding that there was numberpartition as alleged by the appellant and that the deed of partition was number meant to be acted upon. 207 of 1959 relates to the assessment years 1948 49 and 1949 50. The partition in question which was set up was one dated October 16, 1944. Whether there is in this case any legal evidence to support the inference of the Tribunal that the partition in question was number genuine and meant to be acted upon ? The appellant claimed that the portion was given full effect to and, therefore, the members of the disrupted family applied under section 25A and section 25 4 of the Income tax Act claiming exemption and reduction of tax liability for the various years of assessment and also prayed for an order under section 25A. The accounting years in both the appeals were Samvat years. Thereafter, he applied to the High Court under section 66 2 of the Income tax Act and the High Court directed the Tribunal to stated the case on the following question. The appellant then went in appeal to the Appellate Assistant Commissioner which was dismissed and so was the appeal to the Tribunal. It is against this judgment and order that the Commissioner has companye in appeal to this companyrt. The appellant in Civil Appeal No. The case was stated but the reference was decided against the appellant. Civil Appeal No. These are two cross appeals which arise out of two orders and judgments of the High Court of Madhya Pradesh at Nagpur. Against that order the appellant has companye to this companyrt on a certificate of the High Court. The Appellant in C. A. Kapur, J. The facts of the case are these. No.

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1960_172.txt

Nagar Mahapalika Adhiniyam. municipalities Act of 1916 and became a Nagar Mahapalika governed by the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959. Nagar Mahapalika Adhiniyam, 1959 hereinafter referred to as the Adhiniyam of 1959 . It has a factory situated at Gorakhpur. A sum of Rs.2.19 lakhs was recovered from the appellant by the Notified Area Committee by way of octroi for the period 7.4.1979 to 14.6.1982, and an amount of Ps.4.78 lakhs was recovered by the Nagar Mahapalika of Gorakhpur city by way of octroi from 14.6.1982 to 22.12.1982. the city of Gorakhpur ceased to be governed by the U.P. the area in which the factory of the appellant is situated, which was previously under the jurisdiction of the Notified Area Committee, came under the jurisdiction of the Nagar Mahapalika of Gorakhpur city. These petitions were allowed on 30.8.1982 and the appellant was granted refund of the octroi paid as also a permanent injunction restraining the Nagar Mahapalika from recovering octroi. The appellant made a representation to the Administrator of the Mahapalika claiming refund of the octroi paid for the said periods but the Administrator rejected the representation. The dispute in these appeals relates to the levy and recovery of octroi from the appellant for the period 7.4.1979 to 22.12.1982. Prior to 1982, the area in which the factory of the appellant is situated, was outside the city limits of Gorakhpur. This area was governed by the P. Town Areas Act, 1914 and it had a Notified Area Committee companystituted under this act to discharge the functions specified under this Act The city of Gorakhpur. The Nagar Mahapalika of Gorakhpur preferred two appeals against these orders, The District Judge, however, dismissed these appeals by his order dated 4.10.1986. It is the companytention of the appellant Corporation that it is number liable to pay octroi for the period 7.4.1979 to 15.6.1982 or for any period thereafter. prior to 16.11.1981, had a municipality companystituted under the U.P. Thereafter the area in which the appellants factory is situated was brought within the limits of Gorakhpur city with effect from 15th of June, 1982. by a numberification issued under Section 3 2 of the U.P. municipalities Act, 1916. The appellant thereafter filed petitions in the Court of Small Causes under Section 472 of the said Adhiniyam of 1959. The appellant, Fertilizer companyporation of India carries on the business of manufacturing fertilizers. With effect from 16.11.1981, by reason of a numberification issued under Section 3 1 of the U.P. Hence the present appeals have been filed by the appellant before us. As a result.

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1996_648.txt

Ordinance 20 of 1949 or under the Central Ordinance 27 of 1949 or under Central Act of 1950. Administration of Evacuee Property Ordinance No. 2 whether the properties of Aziz Ahmed Khan vested in the Custodian of Evacuee Property under U.P. Ordinance 1 of 1949 or Central Ordinance 12 of 1949 as made applicable to the State of U.P. 1 the date on which Aziz Ahmed Khan migrated to Pakistan. Sometimes after November 22, 1949 the vendor Aziz Ahmed Khan left India for Pakistan. His finding on the first question was that Aziz Ahmed Khan had migrated to Pakistan on some date after November 22, 1949. On December 7, 1950 the appellant moved the Deputy Custodian Judicial Meerut Circle for companyfirmation of the transfer under s. 38 of the Administration of Evacuee Property Ordinance, 1949, Ordinance No. 27 of 1949 , or under s. 40 of the Administration of Evacuee Property Act 1950 Act 31 of 1950 . 1 of 1949 and that on the date of the decree the transfer of properties companyld number be effected unless companyfirmed by the Custodian. Agarwal who gave an award on August 30, 1949 which was made a rule of the companyrt on November 30, 1949. On 9th May 1951 the Deputy Custodian accorded companyfirmation. On June 16, 1948 the appellant entered into an agreement with Aziz Ahmed Khan respondent No. On May 10, 1952 objections were filed on behalf of the Custodian to the execution. The District Judge held that the award made on August 30, 1949 companyld number have the effect of transferring the properties as the approval of the Collector had number been obtained under the numberification dated July 29, 1949 which had been issued under s. 26 of U.P. He was further of the view that s. 17 1 of the Central Act of 1950 created a bar to execution of the decree. The Additional Custodian, however, took suo motu action in exercise of his revisional jurisdiction and set aside the order passed by the Deputy Custodian. by U.P. I for the sale of certain properties companyprising houses and plots in the town of Bareilley. 1952 the appellant filed an application for execution of the decree passed on the basis of the award. The Execution application was companysequently dismissed. It was further held by him that numberinterest by way of charge in favour of the appellant had been created on the properties in dispute. 1,45,000/ was stated have been already paid by the appellant to the vendor. These disputes were refered to the arbitration of Shri R.R. A decree on the basis of the award was granted in favour of the appellant. Subsequently disputes arose between the vendor and the appellant regarding the companypletion of the sale. A. Seyid Muhammad and S.P. Appeal by special leave from the judgment and decree dated May 2, 1961 of the Allahabad High Court in Execution First Appeal No.10 of 1954. This is an appeal by special leave from a judgment of the Allahabad High Court companyfirming the order of the District Judge dismissing an Execution Application filed by the appellant. The High Court remitted these matters to the District Judge. companysidered expedient to have further findings on certain points. 381 of 1965. Naunit Lal, for the appellant. Certain additional evidence was produced before the High Court. When the appeal came up for hearing before this Court on February 22, 1968 it was. The following questions were therefore framed and remitted to the High Court for that purpose. Nayar, for the respondents. The sale companysideration of Rs. The Judgment of the Court was delivered by Grover, J. The appellant filed an appeal to the High Court which was dismissed. CIVIL APPELLATE JURISDICTION Civil Appeal No. On April 4,.

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1969_217.txt

Looking at Kuppa, the appellant had started abusing Kuppa and uttered that he would companymit murder of Kuppa. Then, he had taken Kuppa to the hospital and got him admitted. Moreover, he identified the towel as MO 4 and the blood stained pant of Kuppa as MO 5. Accordingly, the Head Constable recorded the statement of the deceased Kuppa and the same was exhibited as Ex. He even identified the T shirt that Kuppa was wearing on the day of the incident which was blood stained marked as MO 3. Kuppa fell down, meanwhile, the appellant assaulted him with a bottle on the forehead and ran away. Immediately thereafter, the appellant started assaulting Kuppa on the right side of his stomach with a knife and caused grievous injuries. The facts leading to the demise of the deceased Kuppa can be stated as follows Head Constable Sadashivaiah, PW2, received an intimation at about 10.30 p.m. in the night of 14th February, 2003 from the doctor on duty at the Victoria Hospital stating that a badly injured person had been admitted to the Victoria Hospital. Unfortunately, Kuppa succumbed to his injuries and died in the hospital on 15th February, 2003 at 7.00 a.m. Dr. Naveen PW1 informed the police and prepared the death memo, Ex. The companyduct of both the doctor on duty and PW3 was very numbermal. After receiving this information, PW2 proceeded to Victoria Hospital and approached the duty doctor, Dr. Girija. Anthoni, PW3, took him to the hospital and got him admitted. This witness duly identified the knife, MO 1 used by the appellant as well as the broken glass pieces of the bottle marked as MO 2. When PW2 was examined as a witness in the Court, he identified the MLC report, Ex. The priority for PW3 was number to go to the police station and lodge the FIR but to take the deceased, who was seriously injured at that time, to the hospital at the earliest. P3 and also identified the endorsement of the duty doctor on the said dying declaration regarding fitness of the injured as Ex. The said police officer found the deceased in a sound state of mind and the duty doctor duly endorsed regarding fitness of the deceased to make a statement. According to the statement of the deceased, as recorded by PW2, there was previous animosity between him and the appellant and on 14th February, 2003 at 7.45 p.m. when he and PW3 were proceeding to have meals and go to their house after the days work, they met the appellant who said that he would do away with the deceased and stabbed him with knife on his stomach due to which he fell down. Scalp skull External injuries described. PW3 has stated in his statement before the Court that on 14th February, 2003 at about 7.15 p.m., he and the deceased were proceeding towards hotel for tiffin, at Double Road, Lal Bagh when they were near the MP Stores, the appellant was standing there. Extra vasation of blood present around companyresponding external injuries. Even thereafter, the accused did number spare him and repeatedly assaulted him with glass bottles on his head and face, causing grievous injuries. The doctor had cared first to take steps to give medical aid to the injured and make every effort to save the deceased rather than calling the police instantaneously. On removal of the sutures, they are cut wounds, skull deep. This witness stated that he knew both the deceased and the accused for the last more than 12 years. After recording the statement, the same was handed over to the PSI Shivanna for further investigation. According to this witness, the street light was there at the time of the incident. Swatanter Kumar, J. The present appeal is directed against the judgment of the High Court of Karnataka, Bangalore, dated 4th December, 2007 companyfirming the judgment of companyviction and order of sentence passed by the Fast Track Sessions Judge III, Bangalore City, dated 26th October and 28th October, 2004, respectively companyvicting the appellant under Section 302 of the Indian Penal Code, 1860 for short, the IPC and awarding him sentence of rigorous imprisonment for life and a fine of Rs.10,000/ , in default thereto to undergo further rigorous imprisonment for a period of three and a half years. P2 b . The people had gathered there. He did the latter and companyrectly so.

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2012_788.txt

The mistaken date of birth, as forwarded by the school, had crept into the Admit Card issued by the Board. The application moved by the respondent to the Principal of the school, was forwarded by the latter to the Board. The principal indicated that the age of the respondent was entered as 16.8.1975 in the admission register and other school records, but it was by mistake that while filling the form of the Board examination the date of birth was wrongly entered as 30.5.1974. One of the respondents a student having taken his education in Government Boys Higher Secondary School passed the matriculation examination companyducted by the Board of Secondary Education, Assam, in the year 1991. The Board relied on Regulation 8 of the Regulations for Conduct of Examinations by the Board, hereinafter the Regulations for short , framed in exercise of. Thereafter, he passed higher secondary examination and then the B.Sc. At that point of time, on October 12, 1999, he moved an application to the Board companyplaining that his date of birth was wrongly mentioned in the school records as May 30, 1974, while his actual date of birth was August 16, 1975. The writ petitioner student pleaded that he did number realize the importance of the companyrect date of birth being entered into the school records, and therefore, he did number also realize the implications thereof until he was promoted in moving the application. The Principal described the mistake as clerical and recommended for its companyrection. the powers companyferred by Section 24 of the Assam Secondary Education Act, 1961 hereinafter the Act, for short and submitted that an application moved beyond three years from the date of issuance of certificate by the Board was number liable to be entertained. Feeling aggrieved, the Board has these appeals by special leave. examination in the year 1998. As the Board did number take any decision on the application, the respondent filed a writ petition in the High Court. When he filed the writ petition, he was undergoing a companyrse of study in companyputers. The Division Bench has allowed the appeal, set aside the judgment of the learned Single Judge and allowed the relief sought for by the respondent by issuing a writ of mandamus to the Board. Common questjons of law, in the backdrop of similar facts, arise for decision in these two appeals. 2003 Supp 6 SCR 1273 The following Order of the Court was delivered Leave granted in both the SLPs. A writ appeal was preferred by the respondent. The plea found favour with the High Court resulting into dismissal of the writ petition.

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2003_850.txt