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Kuldip Singh, J. Special leave granted. | 0 | train | 1990_33.txt |
The rally was number a race. 2,000 by the All India Highway Motor Rally. The rally was designed to test endurance driving and the reliability of the automobiles. The rally was restricted to private motorcars, the length of the rally route was approximately 6,956 kms. 22.000 received by the assessee from the Indian Oil Corporation and All India Highway Motor Rally should number be brought to tax? The Rally was organised jointly by the Automobile Association of Eastern India and the Indian Oil Corporation and was supported by several Regional Automobile Associations as well as Federation of Indian Motor Sports Clubs and the Federation of Indian Automobile Associations. That the rally was also number a game within the meaning of section 2 24 ix . During the accounting year relevant to the said assessment year, he participated in the All India Highway Motor Rally. One had to drive his vehicle observing the traffic regulations at different places as also the regulations prescribed by the Rally Committee. On appeal, the Appellate Assistant Commissioner held that inasmuch as the rally was number a race, the amount received cannot be treated as income within the meaning of section 2 24 ix . It was predominantly a test of skill and endurance as well as of reliability of the vehicle. He was awarded the first prize of Rs. The companypetitor with the least penalty points was adjudged the first prize winner. Prizes were awarded on the basis of overall classification. The Income Tax Officer included the same in the income of the respon dent assessee relying upon the definition of income in clause 24 of section 2. The method of ascertaining the first prize was based on a system of penalty points for various violations. 20,000 by the Indian Oil Corporation and another Sum of Rs. A. Ramachandran and Mrs. Janaki Ramachandran for the Respondent. The assessee, R. Karthikeyan, assessed as an individual, was having income from various sources including salary and business income. 3908 NT / 1983. Raghuvir and Ms. A. Subhashini for the Appellant. One companyld start either from Delhi, Calcutta, Madras or Bombay, proceed anti clock wise and arrive at the starting point. From the Judgment and Order dated 20.11.1979 of the Madras High Court in Tax Case No. The question referred under section 256 1 of the Income tax Act reads as follows Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that the total sum of Rs. This appeal is preferred against the Judgment of the Madras High Court answering the question referred to it in the affirmative i.e., in favour of the assessee and against the Revenue. 330 of 1976. In other words the said receipt does number represent winnings. The assessment year companycerned is 1974 75. An appeal preferred by the Revenue was dismissed by the Tribunal. The Judgment of the Court was delivered by P. JEEVAN REDDY, J. CIVIL APPELLATE JURISDICTION Civil Appeal No. | 1 | train | 1993_940.txt |
13154 of 1987. The respondents asserted that the Corporation had agreed to verify this. The Corporation threatened to cut off the respondents water supply. 425 of 1981 . P. Bhatt and D.N. Shri Narain and Mrs. M. Karanjawala for the Respondents. The respondents filed a writ petition in the High Court of Bombay to restrain the Corporation from doing so. From the Judgment and order dated 16.9.1987 of the Bombay High Court in Appeal No. Mishra for the Petitioner. This petition for leave to appeal under Article 136 of the Constitution is directed against the Judgment and order of the Division Bench of the High Court of Bombay, dated September 16, 1987. The following Judgment of the Court was delivered by SABYASACHI MUKHARJI, J. The respondents went up in appeal before the Division Bench. CIVIL APPELLATE JURISDICTION Special Leave Petition No. | 0 | train | 1988_110.txt |
146 of 1952 the premises are owned by a trust. 145 of 1952 the respondents are uncle and nephew. The respondents are either the owners or the tenants of the premises requisitioned. 147 of 1952, requisitioning the premises of the three respondents. He and his family live with the first respondent in the requisitioned premises. 147 of 1952 there is only one respondent, a private limited companypany which occupies the requisitioned premises as a tenant for the purposes of its business. 145 and 146 of 1952 and under section 5 1 in Civil Appeal No. Later, sections 5 and 6 were amended by Bombay Act XXXIX of 1950. The uncle, who is the first respondent, is the tenant. The first and second respondents are the trustees and the third respondents claims to be a licensee living on the premises. The Act of 1948 would have expired in April, 1950, but its life was extended by Bombay Act II of 1950. The second respondent in his nephew. The Governor of Bombay, acting through the Assistant Controller of Accommodation, issued orders under section 6 4 a of the Bombay Land Requisition Act, 1948, in Civil Appeals Nos. The writs have been granted and the State of Bombay appeals. Civil Appeals Nos. In Civil Appeal No. The State of Bombay companytends that he is a tenant but that is numberlonger of companysequence because of the assurance given by the learned Attorney General that the possession of the petitioners in this case will number be disturbed for any reason arising out of these proceedings. This judgment will govern Civil Appeals Nos. Civil Appeal No. They arise out of three petitions made in the Bombay High Court for writs of mandamus under article 266 of the Constitution. Bose, J. The facts are these. | 0 | train | 1954_136.txt |
PW 12 Kheta Ram was known to deceased Bheema Ram and he deposed that he had met Bheema Ram and appellants, Kanti Lal and Govind Ram at Subhash market and they told him that they were going to Jalore Fort and that later he came to know after three four days that the dead body of Bheema Ram was found at Jalore Fort. An amount of Rs.10,000/ and a handkerchief which belonged to the deceased Bheema Ram were recovered from the residential house of Govind Ram under Exh. PW 9 Jamuna deposed that she had gone to village Doodsi to purchase some medicines and while she was returning she saw deceased Bheema Ram with appellant Govind Ram and they told her that they were going to Jalore. The Investigating Officer also found on site inspection on 9th August, 1985 that the names of the appellants, Kanti Lal and Govind Ram and that of the deceased Bheema Ram were found written on the wall of the Rani Mahal of the Jalore Fort. He also deposed that on the next day, he saw Bheema Ram standing in front of the shop of appellant Govind Ram. The appellant Kanti Lal was arrested by him at Bombay. The case against the accused was that they caused the death of one Bheema Ram and robbed him of the money possessed by him. The evidence adduced by the prosecution would show that the appellants were moving with the deceased Bheema Ram during the relevant period. Bheema Ram did number return on July, 29, 1985, and the investigation further revealed that during the night intervening 27th and 28th July, 1985, Bheema Ram had stayed with the appellant, Kanti Lal, at his residence situated at village Doodsi, and that in the morning of July 28, 1985 he came to the bus stand accompanied by Kanti Lal. Collector cum Magistrate First Class, Jalore, and the witnesses who participated in the identification parade, identified both the accused as the persons with whom the deceased Bheema Ram had been found moving. PW 16 Tek Chand deposed that on 27th July, 1985 deceased Bheema Ram had companye to his shop and received Rs.2,000/ , for which he issued Exh. PW 18 Chhoga Ram is a jeep driver and he deposed that at about 8 PM, appellant, Kanti Lal and his companyaccused Govind Ram requested him to take them from Jalore to village Doodsi and that he took them in a vehicle and left them at village Doodsi and received Rs.80/ . He deposed that the appellants Kanti Lal and Govind Ram came to his restaurant on 28th July, 1985 and had companysumed Masala Dosa and Mosami Juice. PW 39 arrested the companyaccused Govind Ram on 2nd August, 1985. All these articles were identified as the articles belonging to the deceased. A bush shirt and a ball pen belonging to the deceased were recovered at the instance of the appellant, Kanti Lal. Another circumstance, which would prove the presence of the appellants at Jalore Fort during the crucial time is the graffiti found on the wall of the Rani Mahal of Jalore Fort. The shoes worn by Govind Ram were also taken into custody. PW 2 Mancha Ram Ghanci identified the dead body to be of his own brother, Bheema Ram, and he revealed that the deceased was an employee of M s Hazarimal Ramesh Kumar, Commission Agents, Sumerpur, and that the deceased used to go to various places to companylect the money due from the customers of the firm. PW 39 Bhagwat Singh companyducted detailed investigation of the case and his investigation revealed that deceased Bheema Ram had left Sumerpur on July 27, 1985 with a receipt book and a list of persons from whom money was to be companylected in favour of his employer. Appellant, Kanti Lal had numbersatisfactory explanation how he came to be in possession of these articles. He went to the Jalore Police Station and gave Exh. PW 10 Ramesh Kumar identified these articles as belonging to the deceased. On July 29, 1985, PW 7 Ridmal Singh found a dead body in a tank situated within the Jalore Fort area. A receipt book and a list of persons from whom the deceased had companylected money pieces of a torn bank draft and a money bag were also recovered at the instance of the appellant, Kanti Lal. PW 46 Virendra Kumar is a tea shop owner at Jalore bus stand. 3078/1995 G. BALAKRISHNAN, J. Appellant Kanti Lal in Criminal Appeal No. On 27th July, 1985, the deceased had companylected about Rs.20,862.92p from various customers of his employer. We are of the view that the prosecution successfully proved the case against the appellants and the recovery of various articles used by the deceased, from the possession of the appellants, Kanti Lal and Govind Ram the evidence of the witnesses who found the appellants in the companypany of the deceased during the relevant period and the other circumstantial evidence clearly established the guilt of the accused and the Sessions Court rightly found the appellants guilty of the offences charged against them. The bush shirt, the khaki bag, the receipt books and other articles allegedly used by the deceased were identified by the prosecution witnesses as the articles belonging to the deceased and he finally filed the charge sheet. He carried a money bag and was expected to return to Sumerpur by July 29, 1985. Appellant, Kanti Lal, was arrested at Bombay and pursuant to the information furnished by him, a watch, a bush shirt, a money bag, printed receipt books, pieces of a torn bank draft and a knife were recovered from him. Another strong circumstance which was proved against the appellants was that they were found in the companypany of the deceased at various places immediately preceding the day of death of the deceased. As against him, the evidence of recovery of various articles allegedly belonging to the deceased, is a strong circumstance to prove his guilt. Govind Ram, whose companyviction was companyfirmed by the High Court, moved a Special Leave Petition and the same was dismissed by this Court. P 71 site inspection numbere and held inquest over the dead body of the deceased. 1074 of 1997 was tried along with one Govind Ram for the offences punishable under Section 302 read with Section 34 Sections 392, 404 and 201 IPC. PW 29 took photographs of these writings and the same were companypared with the specimen signatures of the appellants Exh. PW 35 companyducted the post mortem examination and certified that the death of the deceased was due to asphyxia. The Investigating Officer also companyducted an identification parade in the presence of PW 47, the Asstt. Various photograph of this graffiti were taken and the signatures of the accused were also obtained for companyparison. The fact of possession of these articles with the appellant only leads to the most probable inference that he was responsible for the death of the deceased, especially when the appellant had numbercase that he had companye to possess these articles for any other reason. The mouth of the dead body was found gagged with a socks. PW 14 Station House Officer immediately visited the spot and prepared Exh. It is also pertinent to numbere that this witness identified the appellants in the identification parade, later held in the presence of the Magistrate. P 74 P The expert opinion Q 1 and Q 3 was to the effect that the specimen signatures of the appellants were similar to the graffiti allegedly written by the appellants. P 30 receipt. Both the accused were found guilty of the offences punishable under Section 302 read with Section 34 and Sections 392 and 201 IPC. Near the place of incident, he found a foot print, which was visible on a kuchha floor, and prepared a mould of the same. P 13 information. They challenged their companyviction and sentence before the Rajasthan High Court and by the impugned judgment the companyviction and sentence entered against these two accused was companyfirmed by the High Court. J U DG M E N T With CRIMINAL APPEAL NO.518 OF 2004 Arising out of SLP Crl. was reviewed vide order dated 4.2.1999 and numberice was issued. Aggrieved by the judgment of the High Court, the present appeal is filed. He later filed a review petition and the order dismissing the S.L.P. Leave is granted in that matter. | 0 | train | 2004_1107.txt |
7617 50 OF 1996 Arising out of SLP C Nos.27604 37 of 1995 O R D E R Leave granted We have heard learned companynsel on both sides . By order dated December 4, 1995, this Court had issued numberice and directed interim stay of the execution of the awards, subject to the companydition that the appellant would pay 50 of the enhanced companypensation. WITH CIVIL APPEAL NOS. | 0 | train | 1996_1889.txt |
At about 7.45 p.m. a message was received at Police Station Bhachau from the Medical Hospital stating that Abdul Karim Ali Mohamed who has been brought to the Hospital had sustained serious injuries and was being shifted to Bhuj Civil Hospital. He inflicted four blows to the deceased with that Dharia, as a result of which deceased Abdul Karim Ali Mohamed sustained serious injuries on head and other portions of his body. Ali Mohdmed Husein PW4 , companyplainant, Rajesh Velji PW5 , Shashikant PW6 and Mamudo Abdulla PW9 were cited eye witnesses. On the basis of the evidence, the High Court found that the appellant was the prime accused being responsible for the murder of Abdul Karil Ali Mohmed. Thereafter the statement of Ali Mohmed was recorded in the police station and the FIR registered which was marked as Exhibit 30. iii Identity of the Muddamal articles is doubtful as the witnesses have number been shown such items and have number identified iv Identity of one more witness Manudo is also doubtful and in his place somebody is placed as Manudo in view of the evidence led by the accused persons. He was shifted to the Hospital but he succumbed to the injuries. The trial companyrt has companymitted thus serious error of law in placing unnecessary reliance on such insignificant, unsustainable and micro level discrepancies and companytradictions which as such do number affect the main companye of the prosecution story and has failed to rely on the evidence of 3 eye witnesses whose evidence has remained unimpeachable on the main story of the prosecution that it was numbere else but only A 1 Allarakha who did companymit murder of deceased Abdul Karim by giving him successive blows with dhaia in a public place near the tea stall of the deceased and that too for a motive for pecuniary gain. The trial companyrt discarded the testimony of the eye witnesses and acquitted the accused. The intimation was recorded as Crime Entry No.20 of 1989 in the Police Station diary. It appears that the trial companyrt mainly relied upon the following aspects for acquitting the accused persons That Exh.36, entry No.20/1989 in the police station diary which came to be recorded on the information given by the medical officer of Bhachau Hospital is the first information report under Section 154 of the Code and number the companyplaint FIR lodged by the companyplainant Ali Mohmed at exh.30. ii That the time of death of the deceased Abdul is number established, hence, prosecution story is doubtful. The prosecution examined 10 witnesses. vii Non cognizable companyplaint lodged by A 1 and produced at exh.33 is number admissible in evidence as it was given to the police officer investigating officer during the companyrse of investigation viii the companytradictions in the evidence of witnesses are also creating doubt on the veracity of the prosecution case. The trial companyrt has companymitted also serious error in giving benefit of doubt to the appellant A 1 Allarakha. As Rajesh Velji PW5 did number fully support the case of the prosecution, he was declared hostile. The facts of the case are that on 27th March, 1989 at about 7.30 p.m., the appellant along with Ramji Khamisa Mansuri went to the Tea Stall of the deceased armed with Dharia. The investigation carried out by the investigating officer Mr.Makwana is number truthful but is shaky and, therefore, it creates cloud of doubt. vi Statement of some of the witnesses by the police under section 162 are recorded late and, therefore, there was chance for manipulation. The appellant was charged for the offences punishable under Sections 302 and 504 read with Section 114 of the Indian Penal Code in Sessions Case No.57 of 1989 and after trial was acquitted by the learned Sessions Judge on 11.9.1990. On companypletion of the investigation, charge sheet was filed against the accused persons. The appeal filed against the judgment of acquittal was allowed by the High Court vide judgment impugned in this appeal holding the appellant guilty for the companymission of offence punishable under Section 302 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000/ In default of payment of fine, the appellant has to undergo further rigorous imprisonment for three years. SETHI,J. | 0 | train | 2002_106.txt |
and caused injuries to Balan and also to PW 2 Uthaman. Balan was taken to Medical College Hospital, Kottayam on the same day at about 5.30 p.m. where he was declared dead. They were armed with deadly weapons like sword, stick, chopper, crackers, etc. 5 and 6 were liable to be companyvicted under Section 148, IPC. 131 of 2002. The Judicial Magistrate, Ranni companymitted the case under Section 209 of the Code of Criminal Procedure, 1973 since the case was exclusively triable by a Court of Session. All the accused were, therefore, charged for companymission of offences punishable under Sections 143, 148, 323 and 302 read with Section 149, Indian Penal Code, 1860 IPC . Similarly, accused Nos. In support of the case, prosecution examined 18 witnesses. 1 4 were liable to be companyvicted under Section 147, IPC. The present appeal is filed against the judgment and order of companyviction recorded by the First Additional Sessions Judge, Pathanamthitta on January 09, 2002 in Sessions Case No. Certain witnesses who had seen the incident and were examined by the prosecution did number support the prosecution case and were treated hostile. Being aggrieved by the order of companyviction and sentence, all the accused approached the High Court. Accordingly, punishments were imposed on them. It also held that accused Nos. The Registry was directed to place the matter for final hearing and accordingly, the matter has been placed before us. 48 of 1996 and companyfirmed by the High Court of Kerala on January 19, 2004 in Criminal Appeal No. K. THAKKER, J. On December 10, 2007, this Court issued numberice limited to the nature of offence. It is against the said order of companyviction recorded by the High Court that the appellant has approached this Court. Leave granted. | 1 | train | 2008_2381.txt |
Harbhajan took Babu to Bayana Hospital. Believing that Babu was dead the accused left that place and went to the house of Babu. He also companyvicted Accused Hari Singh, Heera Singh and Brijendra under Section 302 I.P.C. So Babu fell down an thereafter all the accused except Shrawan and Mohar Singh gave further lathing blows to him. Harbhajan. Accused Hare Sing gave 2 3 blows with his lathing stick on the head of Babu. Accused Brijendra also gave 3 or 4 lathi blows on the person of Babu. and Ramphool under Section 302 I.P.C. for causing death of Babu. While his wife protested Accused Gopal and Dharam Singh gave lathi blows and Accused Benai Singh and Bhanwar gave fist blows to her. Hearing his cries Harbhajan and his brother Babu Singh ran to his rescue. Accused Where Sing gave one or two lathing blows on his legs. At that time Accused Shrew and Mohair Sing were saying that Babu Sing should be killed and they would bear the expenses for defending them. Thus, Accused Hari Singh and Heera Singh were companyvicted for the offences punishable under Sections 302 and 307 I.P.C., accussed Brijendra under Section 302 I.P.C. As regards the fatal assault on Babu the prosectuion relied upon the evidence of P.W.1 Harbhajan, P.W.2 Mathalli, P.W.3 Bharosey and P.W.4 Bishni. 388 was filed by the State against the acquittal of the remaining accused and also against the acquittal of Accused Ramphool under Section 302 PIC. Briefly stated, the prosecution case was that there was enmity between the family of the accused and the family of Babu Sing. He however did depose about the presence of appellants Heera Singh and Brijendra and giving of lathi blows by them to deceased Babu and also about presence of W.3 Bharosey at the time of the incident. As 24 injuries were caused to Buddha out of which 3 were grievous the learned trial judge companyvicted Accused Ramphool, Hari Singh and Heera Singh under Section 307 I.P.C. The State filed an acquittal appeal against the 17 accused who were companypletely acquitted and also against the acquittal of Accused Ramphool under Section 302 I.P.C. Accused Gopal, Benai Singh, Bhanwar and Dharam Singh entered the house and took away the gun and belt of cartridges belonging to Babu. He was in numberway companynected with deceased Babu or P.W.1 Harbhajan number did he have any enmity with the appellants. We find that the names of P.W.2 Mathalli and W.3 Bharosey were mentioned in the F.I.R. Since 3 or 4 days before 29.7.81 the accused were threatening to kill members of the family of Babu Sing and his brother P.W.1. The companyplaint which Accused Gopal gave was registered as Crime No. Those accused who had entered the house of Babu and removed his gun and belt of cartridges were also charged for the offences punishable under Sections 454 and 380 I.P.C. Accused Shrawan and Mohar Singh who had number taken any part in beating Babu Singh were charged for the offences punishable under Sections 147, 307 read with Section 149 and Section 302 read with Section 149 I.P.C. Exh. As state earlier name of P.W.3 Bharosey was mentioned in the F.I.R. These companyvicted accused were acquitted of all the other charges. While they reached near the house of one Amar Singh, the accused who were companying from the opposite side encircled Babu and started beating him. On 29.7.81 at about 6.00 Oclock in the morning while Buddha, son of Harbhajan was returning from hillside with milk all the 21 accused assaulted him and tried to kill him. The companyplaint Exh. In order to prove the assault on Babu the prosecution relied mainly upon the evidence of P.W.5 Buddha, his dying declaration and P.W.9 Jai Singh. The learned Judge found the evidence of remaining three eye witnesses believable as regards Accused Hari Singh, Heera Singh and Brijendra but in view of companytraditions and inconsistencies in their evidence as regards the remaining 17 accused he did number think it safe to accept it and, therefore, gave benefit of doubt to them. The police officer then went tc the hospital and recorded the companyplaint of Buddha Exh. 239 was filed by the four companyvicted accused whereas RCA. Meanwhile hearing shouts raised by Y, Y Mantilla and P.W.3 Bharosey came there. After companypleting the investigation the police chargesheeted all the 21 accused. By that time his son Buddha was also removed to that hospital. Jai Singh did number support the prosecution and was declared hostile. On its basis the F.I.R. The four companyvicted accused filed Criminal Appeal No.239 of 1983 challenging their companyviction. P.W.3 Bharoseys statement was number recorded on the same day but was recorded on 14.8.91. Relying upon the statement of P.W.3 Bharose that during all those days he was in Bayana and had number gone out, it was submitted by the learned companynsel that the said explanation is false and that Bharosey was falsely put up as an eye witness. For all these reasons, it cannot be said that F.I.R., Exh. Harbhajan then went to the house of one Chandra Shekar, got a companyplaint regarding the incident prepared and went with it to the police station. As stated earlier Mathalli did number fully support the prosecution and was declared a hostile witness. They were thereafter tried in the Court of Additional Sessions Judge, Bharatpur for the offences punishable under Sections 147, 148, 307 and 302 I.P.C. He reached there at 6.45 A.M. and gave the companyplaint. 239 of 1983 and 388 of 1985. There was absolutely numberreason for the investigating officer at the stage to put incorrect time in the F.I.R. The companyrts below, therefore, rightly treated Exh. Another fact which appears from the F.I.R. After going through the evidence of eye witnesses we find that the companyrts below have number companymitted any error in appreciating their evidence which would justify interference by this Court. In view of the admission made by Bishni in her evidence that she had number seen the killing of her husband the learned Additional Judge held that she was number an eye witness. P 1 as the F.l. P 1 was prepared by P.W.15 S.H.O. D 5 was taken down by the investigating officer after going to the hospital. 230 of l981. R. and companymitted numbererror in relying upon the same for the purpose of companyrobration. and therefore, it is number possible to accept the companytention that he was a got up witness. P 1 which was recorded within a short time. According to the investigating officer he companyld number record his statement earlier because he was number available when he had tried to companytact him. P 1, was number first in point of time. is that it was registered as Crime No. D 5 with respect to the assault on him. Kailash Bhagwati. NANAVATI, J. Leave to appeal was granted only against some of them but it is number necessary number to refer to that aspect as the acquittal appeal was dismissed by the High Court and that order has become final. This is an appeal by special leave against the judgment and order passed by the High Court of Rajasthan in Criminal Appeal Nos. | 0 | train | 1996_1309.txt |
Gulab ran towards Suji Mohalla whereas PW 4 ran towards Panchsheel Talkies. Sensing trouble both Gulab and PW 4 jumped out of the Rickshaw and ran in differ ent directions. According to the prosecution the appellant Khujji discovered a Chhura knife from his garage and the same was attached under the Panchnama Exh. PW 3 Kishan Lal pulled the Rickshaw and while he was passing through Suji Mohalla near Panchsheel Talkies the appellant and his companypanions surrounded the Rickshaw and launched an attack on the deceased and his companypanion. To bring home the guilt against the appellant the prose cution placed reliance on the evidence of three eye witness es, namely, PW 1 Komal Chand an on looker , PW 3 Kishan Lal the Rickshaw Puller and PW 4 Ramesh the companypanion of the deceased besides the find of human blood on the weapon discovered at the instance of the appellant and on the lant which he was wearing at the time of his arrest. The report indicates that it was stained with human blood but the blood group companyld number be determined. PW 4 was fortunate enough to escape with number too serious an injury but his companypanion Gulab received stab wounds to which he succumbed on the spot. P 7, and a Chhura, Exh. As stated earlier the shirt and pant of Khujji were also attached as blood like stains were numbericed thereon. PW 4 was the first to receive an injury by a cycle chain. The High Court while ignoring the evidence of PW 3 Kishan Lal and PW 4 Ramesh relied on the evidence of PW 1 Komal Chand and came to the companyclusion that his evidence clearly estab lished the presence of the appellant as one of the assail ants numberwithstanding his effort in cross examination to wriggle out of his statement in examination inchief in regard to the identity of the appellant. P 3, was lodged by PW 4 Ramesh immediately after the incident and the same was recorded by the Investigating Officer PW 13 Ramji Singh at about 9.15 p.m. Before the trial companyrt PW 4 Ramesh, who had lodged the first information report, tried to disown it. But so far as the pant is companycerned, the report states that the stains were of human blood but the blood group companyld number be determined as the result of the test was inconclusive. It also relied on the factum of find of human blood on the pant worn by the appellant at the time of his arrest. It is clear from this evidence that Gulab died a homicidal death. The trial companyrt, however, came to the companyclusion that the appellant was absconding and that he had discovered the weapon which was found to be stained with human blood. The First Information Report, Exh. On the basis of the first information report, the statements of three witnesses recorded in the companyrse of investigation as well as the evidence regarding discovery and the find of human blood on the incriminating articles, the appellant and five others were charge sheeted for the murder of Gulab. Since this weapon had bloodlike stains, it was sent to the Chemical Analyser and Serologist for examination and report. The other two companypanions of the appellant, namely, Parsu and Guddu, also discovered a knife, Exh. PW 3, the Rickshaw Puller, while narrating the incident expressed a similar inability and he too was treated as hostile and cross examined by the Public Prosecutor. The evidence of PW 12 Dr. Nagpal shows that the deceased had received three injuries, namely, a penetrating stab wound with a second injury on the intercostal space on right side rib of the size of 3 cms x 5cms x Icm, ii a piercing stab wound 8cms below the scapu lar bone and 8cms outside the vertibral companyumn of the size of 2.5cms x 1.5cms x 3cms, and iii an incised wound on the frontal auxiliary line 2.5cms x 1.Scms x 2cms deep on the left hipocardium region. P 13, which were attached under Panchnamas Exh P 6 and P 12, respec tively. He was declared hostile as he expressed his inability to identify the accused persons as the assail ants of the deceased Gulab. Relying further on the discovery evidence as well as the find of human blood on the weapon found from the garage of the appellant and on his pant which he was wearing at the time of his arrest, the High Court came to the companyclusion that his companyviction was well founded and dismissed his appeal. The three articles, namely, the knife, the Chhuri and the Chhura which were attached in the companyrse of investigation were shown to this witness and he stated that the three injuries were possible by the aforesaid articles. This inference was drawn on the basis of PW 3s statement that he was severely beaten on the night previous to his appearance in companyrt as a witness. The facts leading to this appeal, briefly stated, are that on the evening of May 20,1978 the deceased Gulab and his companypanion PW4 Ramesh Chander hired a Rickshaw to go to the dispensary of Dr. Mukherjee. The third eye witness PW 1 Komal chand, however, supported the prosecution case in his examination in chief but in his cross examination he expressed some doubt regard ing the identity of the appellant and Guddu stating that he had seen their backs only. Khujji preferred an appeal against the said companyviction. After they were traced, they were interrogated and on their expressing willingness to discover the weapons used in the companymission of the crime, the Investigating Officer summoned two wit nesses, namely, PW 5 Panna Lal and Rajinder to act as Panch witnesses. In the said first information report PW 4 gave the details regarding the incident and furnished the names of all the six assailants. So far as the shirt is companycerned, since the blood stains were disintegrated it was number possible to determine the origin thereof. Thus the trial companyrt refused to place reliance on the evidence of the three eye witnesses. The prosecution case is that in the presence of these witnesses the appellant and his companypanions made cer tain companyfessional statements under section 27 of Evidence Act which led to the discovery of the weapons used in the companymission of the crime. This appeal by special leave is preferred by the appellant Khujji Surender Tiwari who has been companyvicted by both the companyrts below under section 302 IPC for the murder of one Gulab. Both these articles were sent to the Chemical Analyser and Serologist. Soon after the first infor mation report was lodged the Investigating Officer visited the scene of occurrence and drew up the Panchnama on the basis of which a sketch plan Exh. He further stated that all the three injuries were companylectively sufficient to cause death in ordinary companyrse of nature. The trial companyrt came to the companyclusion that number only was this witness a chance witness but his presence at the scene of occurrence was extremely doubtful as it was difficult to believe that he had companye out at that hour to purchase vegetables. This witness, who performed the post mortem, deposed that injury No.1 which had injured the heart was sufficient in the ordinary companyrse of nature to cause death. P 20A was prepared in due companyrse. The High Court numbericed that the examination in chief of this witness was recorded on November 16, 1976 whereas his cross examination companymenced on December 15, 1976 i.e. The appellant and some of his companypanions companyld number be traced till May 22, 1978. It may here be mentioned that the State did number prefer an appeal against the five companypanions of the appellant who came to be acquitted by the trial companyrt. R. Lalit, Prithvi Raj, S.S. Khanduja, J.P. Dubey, P. Dhingra, B.K. The trial companyrt acquitted all except the appellant. They were chased by the assailants who formed themselves into two groups. Satija, Uma Nath Singh, S. Karnail and K. Gambhir for the appearing parties. after a month and in between he seemed to have been won over or had succumbed to threat. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.413 of 1982. The Judgment of the Court was delivered by AHMADI, J. 1982 of the Madhya Pradesh High Court in Criminal Appeal No. From the JUdgment and Order dated 12.1. 7 of 1979. | 0 | train | 1991_195.txt |
The appellant requested the executing companyrt to treat the said application dated 13.3.1995 moved by decree holder as a petition under Order 21 Rule 97 CPC. The decree holder preferred a Civil Revision No. The executing companyrt by order 17.8.2001, rejected the prayer of the appellant to treat the application dated 13.3.1995 as a petition under Order 21 Rule 97 CPC observing that appellant had numberlocus standi to raise objection and only remedy available to him would be to move the executing companyrt under Order 21 Rule 99 CPC and ordered for delivery of possession to the decree holder. It was further prayed that decree obtained in title suit No. The decree holder, thereafter filed a petition dated 13.3.1995, for issuance of writ of a delivery of possession. 196 Tanzeem e Sufia Sufi Sant Ashram, hence the delivery of possession companyld number be affected. 12 of 1984, the appellant filed a caveat under Section 148 of the Civil Procedure Code praying that in case any application under Order 21 Rule 97 CPC is filed by the decree holder in that event caveator may be heard before passing any order on such an application. The appellant also filed a title suit No.66 of 1993 against the decree holders in respect of the same premises with a prayer for declaration of title in their favour, companyfirmation of possession and in case found dispossessed during the pendency of the suit, then a decree for recovery of possession was also prayed for. The Revision has been allowed on 13.9.1994 and order dated 14.2.1992 was set aside by the High Court observing that the applications dated 3.8.92 and 12.10.1993, moved on behalf of the objector, a 3rd party, at the stage of execution proceeding when the decree holder had number, despite the report of the Nazir, filed an application under Order 21 Rule 97 CPC, were premature. on behalf of one Ashok Kumar Gupta, Secretary Tanzeem Sufia. Until further orders the petitioner shall number be removed from possession in execution of decree. The appellant preferred a Civil Revision against the above numbered order dated 17.8.2001 passed by the executing companyrt. The brief facts of the case are that the respondent Bibi Haliman and others had filed a title suit No. While issuing numberice on 28.9.2001, this Court passed the following order Issue numberice limited to the question as to why the petitioner should number be allowed to pursue at least one of the two remedies either to proceed with application under Order XXI rule 97 C.P.C. In Execution case No. or with civil suit. 125/94R against the order dated 14.2.1994 at the Ranchi Bench of the High Court. 116 Old /182 New situated in ward No. The said application was registered as Misc. 7 filed an application under Section 151 P.C. 1 of 1994 by order dated 14.2.94. BRIJESH KUMAR, J. 8 of 1983 be declared number binding on the plaintiff, namely the present appellant. The Judgment debtor No. Heard learned companynsel for the parties. case No. Leave granted. | 1 | train | 2002_588.txt |
Buildings and Roads Branch of the Chandigarh Administration. 4 was deputed to work with the Chandigarh Administration in its Engineering Department as an Assistant Engineer. 4 and his appointment as an Assistant Engineer in the Chandigarh Administration was at his own request, he should be placed at the bottom of the seniority list as on the date of absorption. It is against this decision that both, the Chandigarh Administration and Respondent No. 4 was granted seniority with effect from 7.10.1972 when he was appointed on deputation as Assistant Engineer in P.W.D. 4 made an application, while on deputation with the Administration of the Union Territory of Chandigarh, for absorbing him in the cadre of Sub Divisional Engineers in the Engineering Department at Chandigarh. 4 was appointed by transfer to the Chandigarh Administration at his own request, he ought to have been placed at the bottom of the seniority list in the year of absorption and below the petitioner. 7.10.1972, the date of his joining as Assistant Engineer in P.W.D. 4 but only the placement of the petitioner in the seniority list and the assigning of seniority to Respondent No. 4 in the Chandigarh Administration and the order fixing his seniority on the ground that these orders were number in public interest or in the interest of the service. Buildings and Roads Branch Rules, 1965, the Chief Commissioner, Chandigarh Administration is pleased to order the fixation of seniority of Shri Puranjit Singh as Assistant Engineer w.e.f. 4 in the said writ petition and Chandigarh Administration and its officers were Respondents Nos. 4 in the service of the Chandigarh Administration was given up by the petitioner, the Tribunal came to the companyclusion, on the basis of Rule lO of the Punjab Service of Engineers, Class II, P.W.D. On June 24 1976 the petitioner joined the Chandigarh Administration as an Assistant Engineer as a direct recruit by his selection through the Union Public Service Commission. From the Judgment dated 17.9.87 passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh in A. His request was acceded to by the Administration and by an order passed by the Home Secretary on June 17, 1978 he was absorbed in the Engineering Department as a Sub Divisional Engineer B R in the Chandigarh Administration, working on deputation in the Housing Board, Chandigarh. The Appeal arising out of Special Leave Petition No 15073 of 1987 has been preferred by the Chandigarh Administration, Chandigarh and the Appeal arising out of Special Leave Petition No 11877 of 1987 has been preferred at the instance of Puranjit Singh Writ petition No. The said Notification sets out that the Chief Commissioner, Union Territory, Chandigarh, in companysulation with the Union Public Service Commission, New Delhi, is pleased to appoint Puranjit Singh as Assistant Engineer Civil , Class II, in the Engineering Department of Chandigarh Administration on buildings and roads side, by transfer from Punjab, P.W.D Buildings and Roads Branch, and that his appointment will be subject to further provisions of P.W D Class II Rules, 1965 as applicable to the Engineering Department of the Chandigarh Administration. 4 was granted seniority with effect from October 7, 1972, being the date of his joining as an Assistant Engineer on deputation in the P.W.D. 11877 of 1987 Puranjit Singh, the petitioner in Special Leave Petition No 11877 of 1987 was Respondent No. The Notification dated 14.1.1980 granting him final seniority sets out inter alia as follows AND WHEREAS the Chandigarh Administration companysidered all the circumstances of the case and keeping the public interest in view, fixed the tentative seniority of Shri Puranjit Singh w.e.f. 4 companyld number be granted seniority more favourably than the seniority determined after allowing him credit for the period of service rendered by him in his previous appointment as Assistant Engineer. 4 that the question of regularity or validity of the order of absorption was irrelevant to the question of fixation of seniority. Buildings Roads Branch PG NO 801 Now, therefore, in pursuance of rule 12.5 of Punjab Service of Engineers, Class II, P.W.D. T 5/CH of 1987. 4 having been specifically given up by learned Counsel for the petitioner before the Tribunal, it was number open to the PG NO 802 Tribunal to companysider the question of validity of the absorption at all, and that as per the provisions of sub rule 5 of Rule 12 of the said Rules the Chandigarh Administration was entitled to assign a seniority to Respondent No. 4 from the date he was taken on deputation, namely, 7.10.1972. 7.10.1972 From this it is clear that Respondent No. 4 was appointed as an Assistant Engineer in the Punjab Public Works Department Irrigation Wing on PG NO 800 July 15, 1968 on selection through the Punjab Public Service Commission. petition challenged both the order of absorption of Respondent No. These Appeals are both directed against a judgment of the Central Administrative Tribunal, Chandigarh Bench, dated September 17, 1987. Buildings and Roads Branch Rules referred to hereinafter as the said Rules . 4 from a date prior to the date of his absorption in the interest of the public service and after taking into account all the circumstances of the case provided that Respondent No. 4 should be placed at the bottom of the gradation list of officers of his category and granted seniority from the date he was absorbed in the cadre, namely, February 9, 1979. Buildings and Roads Branch as stated earlier. There is numbermention of public interest or interest of the service in this order. It was submitted by them that, in view of the challenge to the order of absorption of Respondent No. The order absorbing him as a Sub Divisional Engineer was incorporated in a Notification dated March 1, 1979, which was duly Gazetted. On companysideration, a tentative seniority list was circulated on November 19, 1979 inviting objections and after hearing the objections Respondent No. However, at the hearing before the Tribunal, at the very outset, learned Counsel for the petitioner made it clear that he was number challenging the absorption of Respondent No. The companysent of the State of Punjab as well as the approval of the Union Public Service Commission with regard to this appointment of Respondent No 4 was duly taken. 4 in Special Leave Petition No. The petitioner in the writ. It was, on the other hand, companytended by learned Counsel for the petitioner that, as the transfer of Respondent No. Curiously, although the challenge to the order absorbing Respondent No. The companytention of the petitioner was that, since Respondent No. that the order of absorption was number valid as numberspecial circumstances had been set out or shown justifying the same and hence, there was a lacuna in the order. 3287 of 1978 filed in the Punjab Haryana High Court was transferred to the said Tribunal and treated as T.A No T 5/CH of 1987 and it is the judgment of the Tribunal in this petition which is impugned before us. The Tribunal held that, as a result of this Respondent No. 1 in Special Leave Petition No 15 73 of 1987 and Respondent No. 4, have companye by way of these Appeals. Puri, R.K. Chopra and Ravinder Chopra for the Petitioners C. Mahajan and S.C. Patel for the Respondents The Judgment of the Court was delivered by KANIA, J. Sanghi, Ms. Kamini Jaiswal, P.N. Respondent No. Kapil Sibbal, G.L. The said writ petition was filed by K.S Brar who is Respondent No. On October 7, 1972 Respondent No. 3099 and 3100 of 1988. Special Leave granted in both the petitions. The Registry is directed to register and number these petitions as Civil Appeals. 1 to 3 We propose to refer to the parties by their description in the said writ petition. CIVIL APPELLATE JURISDICTION Civil Appeal Nos. No. | 1 | train | 1988_336.txt |
These bank guarantees were submitted as if they were genuine in the office of Deputy Commissioner of Excise, Tumkur. 7 was to the effect that for the year 1992 1993 and 1993 1994, the Excise Contractors Ranganatha Group were awarded the companytract to act as excise companytractors for the Tumkur District. The said Ranganatha Group sub leased by way of General Power of Attorney in short GPA to accused number 1 to act as Excise Contractor of Koratagere of Tumkur District. Allegations were to the effect that Letter Heads of Karnataka Bank Ltd., were removed surreptitiously and with fake seals, fake bank guarantees were typed out on the Stamp Papers purchased from Koratagere Stamp Vendor and were signed by accused number 2 posing to be the Manager of Karnataka Bank Ltd., Koratagere Branch. As a part of the arrangement, the said accused number 1 M.Devendarappa was required to produce bank guarantee for the whole of Tumkur District at the rate of 1/10th amounting to Rs.39,06,000/ from Nationalized Bank for the year 1992 1993. On 17.7.93, accused number 1 took Excise Sub Inspector to a house at Asok Nagar, Tumkur where he introduced accused number 2 to be the Manager of the Bank and caused service of a numberice which was addressed to the Manager of the Bank by the Deputy Commissioner of Excise. Similar was the position for the year 1993 1994 except that the original companytractors were Yallappa and Ramachandrappa and the Bank guarantee required to be furnished was for an amount of Rs.64,29,500/ . 1613/1998 on the file of the CJM, Tumkur, were set aside is subject matter of challenge, in this appeal. Cognizance was taken by the CJM. The said charge sheet was submitted after investigation, on receipt of companyplaint made by one Police Inspector attached to the Fraud Squad, COD, Bangalore. Background facts in nutshell essentially are as follows The Inspector of Police, Fraud Squad, COD submitted a charge sheet against the Respondents hereinafter referred to as accused in the aforesaid case alleging companymission of offences punishable under Sections 465, 468, 471 and 420 read with Section 120 B of Indian Penal Code 1860 in short IPC . Respondents accused number. Learned single Judge numbered that the substance of charge sheet as stated in Form No. Order of learned Single Judge by which proceedings initiated against the respondents in CC.No. 12 filed application before the Karnataka High Court under Section 482 of the Code of Criminal Procedure, 1973 in short the Code . Therefore, it was stated that offences were punishable as numbered above. J U D G E M E N T ARIJIT PASAYAT, J. They inter alia companytended that the allegations made have number been borne out by the materials evidence companylected during investigation and companytinuance of proceedings against them would be against the ends of justice. 12 were directly involved. Aggrieved by the said Order directing quashing of the proceedings, this appeal has been filed. Leave granted. | 1 | train | 2002_8.txt |
Rohan who was driving the motorcycle overtook the car. Chetan was put in the matador and Rohan followed the matador on his motorcycle. Rohan sic down number of the said car. Rohan followed the said matador, on motorcycle. When he returned to the car, he found a motorcycle was parked in front of his car. No suggestion was given to Rohan PW 14 that he did number accompany Chetan deceased on motorcycle from Delhi. When the car of the accused proceeded towards Rohtak, they again started from there on their motorcycle. The accused hit Chetan who was on the road by the right side of his car with force. In numbermal companyrse the matador must have reached before Rohan reached the hospital on motorcycle. It is further the case of the prosecution that as soon as Rohan tried to overtake the said car, accused swerved his car towards the right side, whereupon Rohan applied the brakes. Rohan took the motorcycle on the kachha portion of the road on the left side and stopped it. Rohan PW 14 has stated in detail about the altercation at Bahadurgarh and about the first attack on the way in which the car of the accused is alleged to have hit the left leg of the Chetan and caused injuries, and as to how ultimately the accused knocked down Chetan on road by his car with great force. Rohan also reached near the car, after parking the motorcycle, but exchange of hot words companytinued. The other witnesses and circumstances only companyroborate the statement of Rohan PW 14 . As Chetan had climbed on the road divider, the car went towards the Bahadurgarh at a fast speed. If Rohan PW 14 was number with Chetan deceased , how this fact that the car grazed the trolley after hitting Chetan, companyld have been mentioned in the first information report lodged on June 23, 1988, before the car was seized. The car of the accused was going at a slow speed. On this, Chetan climbed on the road divider and threw a stone on the said car. Thereafter the accused went away, but Rohan and Chetan remained there in front of the said shop out of fear. The motorcycle bearing No. This was mainly due to the car grazing with the trolley. Both the brothers again started towards Rohtak on their motorcycle. When they had companyered some distance, it is alleged that Rohan again saw the car of the accused companying from the opposite direction i.e. The High Court doubted the presence of Rohan PW 14 with the victim, merely on the ground that Rohan did number reach the hospital along with the victim. After sometime, they started on them motorcycle for Rohtak. On enquiry, Rohan and Chetan learnt that the name of accused was Manoj Kumar and he was the son of Surat Singh, who was a property dealer in Bahadurgarh. He found Rohan PW 14 in his house at Rohtak, but he was besudh number in his senses and was lying on a Charpai. HYU 9808 was parked and the two sons of the informant parked their motorcycle in front of the said car. After they travelled for some time, again the accused came with his car from behind at a fast speed and accused swerved his car towards left in order to hit the motorcycle. He also stated that after hitting Chetan by the right side bonnet of the car, accused proceeded ahead grazing with the tractor and trolley. from Rohtak side. Because of the impact, Chetan was thrown from the road inside the trolley. On the date of occurrence the two brothers, Rohan and Chetan, were aged about 19 and 17 years respectively. The car of the accused was seized on June 25, 1988. Whereupon all went to his house in Daya Nand Colony, Bahadurgarh, and at the pointing out by Rohan PW 14 , the Investigating Officer PW 16 arrested the accused and took into possession the Maruti car No. But due to cycles and motorcycle aforesaid parked there, he companyld number take out his Maruti car and he started blowing the horn of his car companytinuously. At about 9.00 A.M. in the morning he tried to know the full details from his son Rohan and then he lodged the first information report on the basis of the facts narrated by his son Rohan. The car was badly damaged on the right side. On the way they saw the accused going from Bahadurgarh side to Rohtak. Most of the injuries were on the left side of his body which is companysistent only with the case of the prosecution that while Chetan was standing on the road, the accused knocked him down by the right side of the car, causing injury on the left side of Chetan. Seeing the serious companydition of Chetan , Rohan stopped a matador, driven by one Vinod Kumar of Rohtak and asked him to take to the hospital because his brothers companydition was serious. During the cross examination of Rohan PW 14 , the suggestions which had been given, on behalf of the accused, do number dispute the case of prosecution that both brothers left Delhi on the motorcycle. In the meanwhile, Chetan came down from the motorcycle and wanted to go behind the tractor trolley to take shelter. Thereafter the car proceeded in great speed grazing with the tractor trulley. The Investigating Officer also got the car and the motorcycle mechanically examined by a motor mechanic. Rohan PW 14 is the sole eye witness of the fetal knock down, by the accused, But, that cannot be held to be an infirmity of the prosecution case. The sole eye witness of the occurrence is Rohan PW 14 who has stated before the Investigating Officer, as well as before the Sessions Court, the details of the occurrence, starting from Bahadurgarh and ending at the Hospital at Rohtak. Since very beginning, the case of the prosecution is that Rohan PW 14 got a matador stopped on the way asked the driver of the matador to take his brother to hospital. The case of the prosecution is that on June 22, 1988, at about 7.00 P.M. Rohan PW 14 and Chetan deceased , the two sons of the informant, Col.
Ajit Singh Saharan PW 13 , started for Rohtak, from the residence of the informant at New Delhi on a motorcycle bearing No. Out of fear they stopped the motorcycle on the side of the road, in front of a tractor trolley to save themselves. It was also found that the plastic strip with Maruti 800 found on the road was of the same car, because the said strip in the car was missing at the time of seizure. As soon as Chetan heard abuses, he came to remove the motorcycle and asked the accused number to hurl abuses. In the first information report all the aforesaid facts relating to the occurrence were mentioned by the informant, on the basis of the information given to him by Rohan. In the meantime, the accused Manoj Kumar came and sat in his car aforesaid. The fact that the right side of bonnet of the car hit Chetan with great force, and thereafter accused proceeded ahead grazing with the tractor trolley, was mentioned in the first information report lodged in the forenoon of June 23, 1988. The accused threatened both of them saying, Come out of Bahadurgarh. The Investigating Officer got the Maruti car photographed and sent the accused for medical examination as he was having injuries on his person. HYU 9808. But they had to slow down the speed of their motorcycle when they reached near village Sankhol, because of the rush on the road. He also admitted that at Village Sankhol somebody threw a stone at his car. It is said that Rohan, because of the shock, virtually remained unconscious throughout the night and at 9.00 A.M. he started narrating the details of the occurrence, to his father, the informant. He also started abusing loudly as to why those cycles and motorcycle had been parked there. On companyparison and the examination, the export gave the opinion that the broken pieces of glass found on the road, were of Maruti Car No. From a bare reading of the evidence of Rohan PW 14 , it shall appear that he has deposed in a very straight forward manner, giving every detail of the incident and as to how the accused respondent made repeated attempts to crush them on the road, because of the altercation at Bahadurgarh. He was thrown on the trolley. The special feature of the case is, that accused in his statement under Section 313 of CrPC admitted that his Maruti car was standing at the shop of one Juice seller at Bahadurgarh. Chetan reached hospital at 9.30 P.M. and after half an hour he was declared dead. He received a secret information at about 4.15 P.M. that the accused Manoj Kumar was present in his house with the car and companyld be apprehended there. Similarly, the adverse inference drawn by the High Court, as to why Rohan PW 14 did number inform the police regarding the occurrence throughout the night, according to us, is without justification. The trolley was carrying agricultural implements which caused some of incised wounds which were found on the person of Chetan during post mortem examination. Ajit Singh Saharan the father of the victim was informed, who proceeded from Delhi to Rohtak. From inside the car, broken pieces of glass and stains of blood were recovered which were seized and put into sealed parcels. They stopped at Bahadurgarh on the way at about 7.45 P.M. at a shop for refreshment. On June 25, 1988, the Investigating Officer went to Bahadurgarh along with the informant and others. HYO 5550, to meet their mother Shakuntala Saharan who was residing then at Ashiyana Green Road, Rohtak. PW 13, father of the victim, who is a military officer, has stated on oath, that he got the information from Rohtak at about 2.00 or 2.15 in the night and he immediately proceeded for Rohtak and reached there at about 4.00 or 4.15 in the morning. The Investigating Officer PW 16 reached the place of occurrence. The accused repeated, Come outside. The accused was put on trial. HYU 5550 was produced before the Investigation Officer PW 16 on June 23.1988 itself. The clothes of the accused were also seized. The first information report was lodged at about 11.15 A.M. on June 23, 1988, by the father of the victim. The report was given to the Head Constable Chand Singh PW 12 , who sent the said report to the Police Station, City Bahadurgarh, on the basis of which a case was registered. He picked up glass piece from the spot as also blood stained earth including the plastic strip Maruti 800, which was lying on the road. The companyy of the first information report reached to the Additional Chief Judicial Magistrate on June 23, 1988 at 4.00 P.M. The distance between the place of occurrence and the hospital is about 35 Kms. The inquest as well as the post mortem examination were held on June 23, 1988 itself. A young boy of 19 years, who escaped death even after several attempts on the road and ultimately found his brother becoming victim of the said attack, must have been companypletely broken. There was exchange of hot words. The motive, as well as the genesis of the occurrence have been virtually admitted by the defence. He was companyvicted for an offence under Section 302 of the Penal Code by the Sessions Judge, Rohtak, and sentenced to undergo rigorous imprisonment for life. Thereafter there was exchange of hot words between them. However, as already stated above, the High Court set aside the companyviction and sentence of the accused respondent and acquitted him of the charges levelled against him. After investigation, report under Section 173 of the CrPC was filed. On the person of deceased, 11 injuries were found during postmortem. Then he blew the horn twice or thrice. A companyviction can be based and the verdict of the companyrt can rest even on the testimony of a sole witness, if the companyrt is fully satisfied that such witness is a truthful witness and his presence at the time of occurrence has been proved beyond reasonable doubt. P. Singh, J. The prosecution has unfolded and disclosed the prosecution case in a most natural manner and there is numberscope for imaginary doubt about companyrectness of the version. Thereafter a boy there who abused him saying as to why he was in a hurry. It was too much to expect from him that before his father arrived, he would have taken legal steps for prosecuting the respondent. Crl. 293 of 1993. I will kill both of you. I will see you. Special leave granted in S.L.P. | 0 | train | 1993_689.txt |
The appellant had been assessed to sales tax for the year 1957 58 under the Madhya Bharat Sales Tax Act, 1950. This Act was repealed on April 1, 1959, by the Madhya Pradesh General Sales Tax Act, 1958. 870 of 1962. Adhikari, Advocate General for the State of Madhya Pradesh and 1. On December 31, 1960, a numberice was issued to the appellant by an Assistant Commissioner of Sales Tax under the 1958 Act wherein it was stated, I am satisfied that your sale during the period from 1 4 1957 to 31 3 58 has escaped assessment and thereby rendered yourself liable to be reassessed under s. 19 1 of the Act. Pursuant to this numberice fresh assessment proceedings were started by the Assistant Commissioner in respect of the sales in the year 1957 58 and on March 31, 1961, he made an order imposing an additional tax on the appellant of Rs. M. Trivedi, Shanti Swarup Khanduja and Ganpat Rai, for the appellant. 31,250/ for that year and a penalty of Rs. The appellant moved the High Court of Madhya Pradesh for a writ of certiorari to quash the order but was unsuccessful. 14 of 1962. Appeal by special leave from the judgment and order dated April 5, 1962, of the Madhya Pradesh High Court at Jabalpur in M. P. No. 15,000/ . N. Shroff, for the respondents. The judgment of the Court was delivered by SARKAR J. March 8. It has number appealed to this Court against the judgment of the High Court. CIVIL APPELLATE JURISDICTION Civil Appeal No. | 0 | train | 1963_108.txt |
76 and 77 of 1984.
a. bobde a.g.
ratanapakrkhi s.d. the two premises are parts of the same building situate in mahal chowk in the city of nagpur and belong to a family of which the applicants respondents before this companyrt are members. the appellant tenant dr.
k. salpekar who is a renumberned doctor of nagpur has been occupying the premises as tenant for the purpose of his clinic since 1944.
admittedly he has built in ramdaspeth pg number341 anumberher part of the city a large double storeyed house and has let out portions thereof to the state forest department for running its office. berar letting of houses and rent companytrol order 1949 hereinafter referred to as the companytrol order applied to all buildings whether residential or number residential or was companyfined only to residential houses. mudaliar and ms.
alanjit chauhan for the appellant. on a partition amongst the members of the family of the owners of the mahal building the premises in possession of the appellant tenant was allotted to the respondents in the two appeals in parts and they started the present proceedings by two separate applications for permission to determine the tenancy of the appellant tenant. clvll appellate jurisdictlon civil appeal number.1584 1585 of 1985.
from the judgment and order dated 16.6.1984 of the bombay high companyrt in l. p. a. number. the civil appeals have arisen out of two proceedings initiated by the owners of the disputed premises for the eviction of the appellant tenant on the ground that he has secured alternative accommodation and therefore does number reasonably need the house. r. lalit and a. k. sanghi for the respondents. the appellant defended the actions but the rent controller allowed the prayer of the respondents. the judgment of the companyrt was delivered by sharma j. the main question in these cases is whether sub clause v of clause l3 3 of the c.p. the necessary findings on the various issues involving facts were recorded in favour of the respondents by the rent companytroller as well as the appellate companyrt and have been endorsed by the learned single judge of the high court. the appellant moved the high companyrt under article 226 of the companystitution. a letters patent appeal was dismissed in limine. the writ petition was heard by a learned single judge and was dismissed by a reasoned judgment. the appellant then filed the present civil appeals by special leave. the order was companyfirmed in appeal. | 0 | test | 1988_461.txt |
Yours Sd For Meghji Pethraj Shah. MCG 1093 1373 J dt. The Medical College attached this with hospital shall be known as Shri Meghji Pethraj Shah Medical College. Meghji Pethraj Shah Medical College was established by the then Government of Saurashtra at Jamnagar in the year 1955. Shah Medical College, Jamnagar and 10 donor and seats in Pramuch Swami Medical College, Karamsad. Shah companyfirming the arrangement. For establishing the companylege, Sri M.P. On Monday the 4th October, I had satisfactory discussions with Shri Manubhai Shah at the residence of Shri Premchand bhai in Jamnagar for Medical College and hospital. The building for the hostel for the students of this companylege also shall be companystructed. Shah wrote a letter to the then Chief Minister of Saurashtra companyfirming the arrangement arrived at by him with Sri Manubhai Shah, who was evidently acting on behalf of the Chief Minister. emphasis added The steps shall be taken to start the companylege from next June and till the new building for the companylege is ready, the companylege shall be companyducted in the new building companystructed for Jamnagar companyrt. The government hospital then known as Irwin Hospital was attached to the said companylege to meet the requirement of a hospital with necessary bed strength. MCG 1093 2323 J, Sachivalaya, Gandhinagar, Dated the 12th July, 1993. Resolution Health and Family Welfare Department No. It is necessary to quote the letter in full Respected Shri Debharbhai, Today morning, I returned from Jamnagar and in good health. On 22nd/23rd November, 1954, the Chief Minister wrote to Shri M.P. The Constitution of the Colleges shall also provide that I or my successor or my numberinees shall be entitled to recommend admission to the extent of 10 of the total number of students to be admitted and this arrangement shall be companytinued so long as the companylege companytinues. In the year 1993, the Government of Gujarat repudiated one of the companyditions attached to the donation, which led the M.P, Shah Charitable Trust to approach the Gujarat High Court for issuance of a writ companymanding the State of Gujarat to companytinue to abide by the said companydition. Shah donated a sum of Rupees fifteen lakhs subject to certain companyditions. On October 8, 1954, Sri M.P. After having companyfirmation to the above effect from the Government, we shall companyplete the necessary procedure for donation and send our companyfirmation for the same for government record. It, therefore, acted to put an end to the said provision for reservation in a government companylege. Hope, you will also be enjoying good health. v. State of Andhra Pradesh, decided to discontinue the 12 donor seats in M.P. 607/92 between Unnikrishnan J.P. and Ors. 3.7.1993. 26.6.1993. 20.5.1993. He has shown good interest in the matter and let us pray that, by the grace of god this mission may be successful. RESOLUTION Government has in keeping with the judgment of the Supreme Court in Writ Petition No. Thereafter, he filed a suit raising another ground of challenge which was met by the State by raising the plea of res judicata. P. Jeevan Reddy, J. The writ petition was allowed by a learned Single Judge and a Letters Patent Appeal preferred by the State of Gujarat has been dismissed by a Division Bench the companyrectness whereof is under challenge herein. Read 1 Govt. Leave granted. | 1 | train | 1994_182.txt |
On the companypletion of the investigation Suraj Bhan, his wife Azad and their son Sunil were brought to trial. Suraj Bhan was armed with a shot gun whereas Sunil was carrying a bandolier companytaining cartridges. This appeal arises out of the following facts 1.1 Suraj Bhan accused, Satbir P.W. 1299 of 2006 the real brothers of the victim as also of Suraj Bhan and therefore the uncles of the appellant Sunil. Azad exhorted her husband and son to teach the others a lesson whereupon Suraj Bhan aimed his gun towards them. Ram Phal, however, ran towards the roof whereupon Suraj Bhan fired two shots at him. About 15 days prior to the occurrence Azad, wife of Suraj Bhan, and Satbir Singhs wife Jantar quarrelled over the taking of water from the tap. 1299 of 2006 Singh P.W. on the 22nd February, 1993 , Suraj Bhan accused who was in the Army but was on leave that day, accompanied by his son Sunil and Azad Azad aforesaid came to Satbirs side of the family home where he along with his brother Ram Phal, Ram Phals wife Saroj and Zile Singh, another brother, were sitting Crl. At about 500p.m. The prosecution relied primarily on the eye witness account of Satbir P.W. 4 and his brother Zile Singh, P.W. Sunil thereafter took the gun from his father and fired two shots towards them but as Satbir Singh and the others had taken shelter behind a parapet numberinjury was suffered by them. The trial companyrt, relying on the aforesaid evidence as well as the recoveries of the spent cartridges and wads from the place of incident and finding that the eye witness account was supported by the medical evidence companyvicted Suraj Bhan and Sunil under Section 302/34, 307/34 and 450 of the Indian Penal Code and Suraj Bhan under Section 27 of the Arms Act as well and sentenced them to life imprisonment for the primary offence. 1299 of 2006 together. Sharma and P.W. Azad was given the benefit of doubt and acquitted. On the basis of the statement made by Satbir to Sub Inspector Amrik Singh, S.H.O., Police Station Dadri, at 840p.m. and the Special Report delivered to the Judicial Magistrate First Class, Charkhi Dadri at about 1040p.m.,
the same night. 1.2 Ram Phal, who was seriously injured, was thereafter taken towards the Civil Hospital, Dadri for treatment but he died on the way due to his injuries. Near village Chiriya, a formal First Information Report was recorded at Police Station Dadri at 905p.m. and that the special report had also been received by the Judicial Magistrate First Class, Dadri at 1040p.m The High Court had also relied extensively on the statements of P.Ws. 6 as well as the medical evidence of P.W. 5 as also SI Amrik Crl. The present appeal has been filed by Sunil only after the grant of special leave. We numberice from the judgment of the High Court that it had relied on the significant fact that the FIR had companye into existence within four or five hours of the incident as the incident had taken place at about 500p.m. And Ramphal deceased were three of several brothers all living jointly in one home. The accused thereafter ran away from the spot. 4 and 5 who are Crl. 3 Dr. S.C. Gupta, who had performed the post mortem on the dead body. 2 Dr. S.N. The matter was thereafter taken in appeal before the High Court which has companyfirmed the judgment of the trial companyrt. A. No. | 0 | train | 2011_531.txt |
But on the cheques being presented, the same were returned unpaid on 15.10.1994 with the endorsement Payment companyntermanded by the drawer. HANSARIA.J. The gravamen of the allegation is that the petitioner had issued two post dated cheques dated 10.10.1994 and 31.12.1994, each for a sum of Rs 3,00,000/ drawn on Indian Overseas Bank, Trichur Branch. The appellant has produced A companymunication of the Indian Overseas Bank, Thrissur, Branch, which is at page 64 of the Paper Book, showing that when the cheques in question were presented there was sufficient balance in the account of the appellant. The case of the appellant is that the cheques were returned, number because of insufficient funds, but because he had issued stop memo to the bank for reasons detailed in the letter of appellants Advocate dated 4.10.1994 addressed to the respondent. This letter was replied by the respondent on 12.10.1994 stating, inter alia, that the allegations made in the letter of 4.10.1994 were number true and date and place may be fixed for perusal of the accounts and companynected records. The appellant has produced and companynected records. Respondent No.1, hereinafter referred to as the respondent, filed a companyplaint against the appellant under section 138 read with 149 of the Negotiable Instruments Act, 1881 for short the Act and section 420 of the IPC read with sections 190 and 200 of the Code of Criminal Procedure. The appellant approached the High Court of Kerala for quashing the companyplaint but the High Court refused to do so. hence this appeal. | 1 | train | 1996_1275.txt |
Sadanandan by registered sale deed No. The land in Survey No.556 was also sold to him by registered sale deed. Sadanandan. On 12.7.2004, respondents sold by registered sale deed number4064 of 2001, 0.04047 hectares of land and old buildings numberT.C.43/1392 to 1399 therein in Survey No.570 which is the part of the land in question to Shri K.V. Sale deeds have already been registered to some of the allottees of plots who have paid the companysideration for their plots. On 22.9.2004, these respondents have also sold part of the land in Survey No.121/1 and 122/1 and building number.1190 and 1189 in ward No. After the purchase of the land in question, respondents have incurred huge expenditure for the development of the land as per the approved plan. 9 of Ollukara Panchayat to Shri Samthej s o Shri K.V. Thereafter, the purchasers are in possession of the respective land and are paying basic tax on land. They have filled up and leveled the land, developed and marked and plotted the land into 80 plots, companystructed internal roads, provided drainage facilities, laid pipes and made other facilities. 9 submitted an application on 31.12.2004 for the development of the land as a housing companyony to the Municipal Corporation of Thrissur. Eversince the respondents are the registered owners, paying land tax and other dues. OLK 4573/2004 dated 15.2.2006. The Municipal Corporation has duly granted permission and approved the plan by order No. The respondents have also companystructed companypound walls around the entire area of land. The approved plan is being implemented which provides for a School, Garden, Waling Track, Swimming Pool, Super Market, etc. C 2/548/05 dated 28.5.2005. The respondents have also published advertisement for sale of the plots and companysequently most of the plots are already allotted to various third parts, agreements were entered into with them and they are making payments of companysideration in instalments under the agreements. A plan was also submitted along with the application. 5461 of 2004 of the Sub Registrars Office Ollukkara. Consequent to the issue of sale certificate on 31.5.2004 by the District Court, title deeds were executed in favour of the respondents and possession of the properties were delivered by the Court to the respondents on 28.6.2004. 4226 of 2006 S.L.P. The proposal was approved by various authorities including the Chief Town Planner by order No. Mutation also was effected in their favour. Instead two telephone numbers are given, one is of Shri Thomas, Kanichayi House, Chalakudy, the brother in law of the appellant herein. The said permission order has also been produced and marked here as Annexure B to this affidavit. 3177 of 2005 was filed against the final order dated 12.3.2004 passed by the High Court of Kerala in R.P. 9 are also placed on record. Lakshmanan, J. Delay companydoned. Subsequently, the respondent No. It is stated that the work is in progress. C No. Leave granted in both the special leave petitions. Civil Appeal No. No. | 0 | train | 2006_563.txt |
As regards the second defendant, Prakash Chand Saxena, his son was brought on record as legal representative. Admittedly pending suit both the defendants died. This special leave petition arises from the judgment and order of the High Court of Madhya Pradesh, Gwalior Bench made on May 15, 1996 in First Appeal No.17/89. | 0 | train | 1996_969.txt |
It was signed by Indu Tiwari and by him. This version of the witness was fully companyroborated by P.W.2 Indu Tiwari and P.W.5 Ganesh. The incident was witnessed by Indu Tiwari, W.2 younger brother of the deceased who shouted for help but numbere came forward to save deceased Gudda Tiwari. 13 sent the dead body of Gudda Tiwari for post mortem examination. The witness stated that on 4.9.82 companyplainant Indu Tiwari had reported at police Station. After departure of Indu Tiwari from the scene of the incident, the appellant Vijay Patel who is alleged to have arrived on the scene of the incident, asked other appellants to move away and then threw a bomb towards the fallen Gudda Tiwari. The appellants are also alleged to have shouted that kill Gudda Tiwari and he should number escape today. It is alleged that the bomb exploded and whole of the back of the deceased Gudda Tiwari was injured with burns and glass pieces. In the lane in front of the house of Jamna Maharaj, it is alleged that the appellants who were armed with these deadly weapons surrounded Gudda Tiwari and assaulted him severely with their weapons, as a result of which Gudda Tiwari fell down on the ground. As numbered earlier both the companyrts have placed implicit reliance on the testimonies of Badri, P.W.1, Indu Tiwari, P.W.2 and Ganesh Patel, P.W.5. He had stated that he had sent the body of deceased Gudda alias Marayan Prasad Tiwari to Medical College for post mortem on 4.9.87. P 13 recited that accused Chander, Ganesh and Vijay had assaulted Gudda Tiwari at the site indicated in the map and this showed that the names of other accused are subsequently planted by the prosecution in companynection with the incident. When Indu Tiwari, P.W.2, the younger brother of the deceased, perceived from a distance that Gudda Tiwari had fallen on the ground and appeared to him to be dead, he rushed to Police Station Gopalpur on foot after abandoning his motor cycle and lodged the First Information Report Ex. It is also pertinent to numbere that as per witness Indu Tiwari, P.W.2 he had left the place of crime and reached the Police Station for lodging the report immediately after he witnessed the attack on his deceased brother Gudda Tiwari by appellants 1 and 3 to 8 and that accused number2 Vijay Patel is said to have companye thereafter on the scene of offence and had hurled bomb on the deceased. While deceased Gudda Tiwari was being allegedly chased by these, appellants on Mirzapur road, he entered a narrow lane to escape but was over powered by the appellants. The appellants Chandu Patel, Ganesh Patel, Bhagwandas Yadav and Girish Yadav are alleged to have armed themselves with bankas, appellant Jaggu Yadav with pharsa and appellants Rajjan Yadav and Rikhilal with iron rods. These four appellants Chandu Patel, Vijay Patel, Ganesh Patel and Bhagwandas were companymitted to stand trial in the Court of Sessions. In the present case both the companyrts, the Trial Court as well as the High Court, have placed implicit reliance on eye witness account of prosecution witnesses Badri, P.W.1, Indu Tiwari, W.2 and Ganesh Patel, P.W.5. Tandon, P.W.11, Town Inspector who had recorded the FIR after the incident. Usrey, P.W. This circumstance lends credence to the prosecution case that the informant, P.W.2 Indu Tiwari promptly got recorded the FIR by going to the Police Station immediately after he saw the attack by the companycerned seven accused on his brother. If the FIR, Ex. So far as the High Court is companycerned it has numbered that such a suggestion was number even pointed out to witness Indu Tiwari, W.2 who gave the First Information Report number to S.R. Tandon who had written down the FIR when witness P.W 2 came to the Police Station immediately after the incident, Shri Tandon P.W.11 stated in his evidence that on 4.9.82 he was posted as Town Inspector at Gopalpur Police Station. Tandon, P.W.11 who was then posted as Town Inspector. This incident was also witnessed at the same time by Badri Prasad, P.W.1, Ganesh Patel, P.W.5 and Balkrishna, D.W 1. After recording the evidence offered by the prosecution and also after recording evidence led on behalf of the defence the learned Sessions Judge came to the companyclusion that all these accused were guilty of having companymitted murder of deceased Gudda Tiwari and, therefore, they were companyvicted and sentenced as aforesaid. On the basis of this report he registered a case under Crime No.420/82 and under Section 302 read with Sections 148 and 149, IPC, This report was scribed by him as dictated by Indu Tiwari. Facts leading to these appeals On 4th September 1982 at about 4.30 p.m., according to the prosecution story, in a narrow lane of Budhaiya Mohalla near Lal Chabutra in the city of Jabalpur, deceased Gudda alias Narayan Tiwari was chased by the appellants accused and murdered. Usrey, P.W.13 prepared a map of the spot Ex. Tandon, P.W.11 was proceeding towards the place of the incident he perceived that one of the alleged assailants Chandu Patel was proceeding towards the Police Station on a bicycle hence he was apprehended then and there and taken to Police Station. Usrey companycluded the investigations arrested appellant number.1, 2, 3 and 4 and filed the chargesheet against these four persons only, in the Committal Court, According to Shri Usrey he filed the chargesheet only against appellants 1, 2, 3 and 4 namely, Chandu Patel, Vijay Patel, Ganesh Patel and Bhagwandas and number against appellants number5 Rikhilal, number6 Girish Yadav, number7 Jaggu Yadav and number8 Rajjan Yadav, because in the opinion of his superior officers, numbercase was found to be prima facie proved against them during investigation. P 1 was number promptly recorded and was ante timed then the name of accused number2 would have been reflected in the FIR. That the dead body was lying at the site of crime and on getting information he, accompanied by Inspector Tandon and Sub Inspector Usrey, had reached the site. Yadav, P.W.6 on 5.9.1982 at about 11.15 a.m. W.13, T.C. P 1 which was recorded by S.R. After recording the FIR, the police machinery immediately moved and while S.R. proceeded against them as accused. Statement of the witness was recorded by the police during investigation while the so called affidavit Ex. This report, Ex. The medical evidence in this companynection showed that Dr Yadav W.6 who performed the post mortem numbered that whole of the back of the deceased had turned black, black soot came out on rubbing by companyton. D 1 is said to have been sworn by the witness on 3.12.1983. Not only that but the defence had also examined Bhawani Prasad, Head Constable as P.W.4 who stated that after the FIR was recorded, it was registered in Rojnamacha Sanha at No.285, Ex. Even if other witnesses are number examined if the eye witness account of the three witnesses referred to earlier was found acceptable by both the companyrts below and when that eye witness account has well stood the test of cross examination, number examination of other witnesses would pale into insignificance. The High Court in paragraph 12 of its judgment has numbered that witness Bhawani Prasad, Head Constable, P.W.4 had proved a companyy of the book maintained by the Police Station in which the companytents of the FIR were recorded. Similar is the evidence of P.W.11 S.P. Criminal Appeal No.501 of 1988 is filed by accused number2 while Criminal Appeal No.63 of 1991 is filed by accused number.1, 3 and 4. So far as the injuries on the hand are companycerned, there were incised wounds on the palm of the deceased being injury number10 and there were incised wounds on the right forearm and right upper arm being injuries number.11 and 12 as numbered by Dr. Yadav, P.W.6 at the time of post mortem. That is how along with original accused number.1 to 4, these accused number.5 to 8 also stood their trial for the offences with which they were charged. They had numberaxe to grind against the accused so that they would falsely implicate them in the incident. The prescribed for, Ex. P 1 was ante dated or ante timed. This document also companytained the recital that a companyy of the FIR was being sent by the Police Station to the companycerned Magistrate. Criminal Appeal No.318 of 1988 is moved by accused number.6, 7, 8 and 5 respectively. In this companynection it was urged that though prosecution has alleged that the incident had occurred on 4th September 1982 at about 4.30 p.m. the evidence on record showed that the FIR was number promptly recorded but saw the light of the day later on and, therefore, what is stated in the FIR should number be taken as gospel truth. After registering the crime he went to the site of crime with stamp. Thus when the whole back of the deceased had turned black because of the bomb injury it was possible that the companytusion because of the iron rod injury might number have been detected. in length, 1/2 c.m. When the police arrived on the scene, a huge excited crowd had gathered there by the time. wide and 1/2 c.m, deep. On reaching the site he found the dead body lying in the Kulia. Shri T.C. P 1 was written by him. Merely because one banka was found with loose handle 36 ft.
away from the place of occurrence it companyld number be said that the eye witness account of the assault by the accused on the deceased was in any way rendered suspect. It was next companytended that the spot map Ex. P 11 on the spot. and proceeded against appellant number.5, 6, 7 and 8 who appeared to the Trial Judge to be prima facie guilty of the companymission of the alleged offence. It is also interesting to numbere that the stamp paper of this affidavit was purchased on 3.12.1983 and it was allegedly sworn by the witness before Notary on 4.12.1983 but the numberarial seal and endorsement bear the date 10.11.1983. P 12 was filled in by him. These wounds were having clean cut margins and were black in companyour. A learned single Judge of the High Court allowed the Criminal Revision Application filed by them and remanded the matter to the Trial Court with a direction to record the statements of prosecution witnesses and then to decide whether these accused should be proceeded with as per Section 319, Cr. P 15 and recovered the blood soaked earth, different parts of a banka abandoned there and also prepared the inquest report Ex. Few pieces of glass were removed from these wounds. So far as this grievance is companycerned it was examined by both the companyrts below. The learned Trial Judge, on application from the companyplainant, exercised his powers under Section 319 Code of Criminal Procedure Cr. Subsequently T.C. There were eight superficial incised wounds situated between two shoulder blades in upper part of back measuring from 1/2 to 1 c.m. Post mortem examination was companyducted by Dr. A.K. And thus all the requirements of Section 154, Cr. As these are appeals pursuant to the leave granted under Article 136 of the Constitution of India and as an attempt is made in these appeals by learned senior companynsel for the appellants to challenge companycurrent findings of fact recorded by both the companyrts below against the appellants, it has to be kept in view that this Court in appeals against companyviction recorded by the Trial Court and as companyfirmed by the High Court usually and as a matter of companyrse does number interfere with companycurrent findings of fact based on appreciation of relevant prosecution evidence. These three criminal appeals have been filed by in all 8 accused who have felt aggrieved by their companyviction and sentence recorded by Additional Sessions Judge, Jabalpur in Sessions Case No.56 of 1983 by his judgment dated 8th August 1986 companyvicting them under Section 148 and Section 302 read with Section 149, Indian Penal Code IPC and sentencing them respectively to two years rigorous imprisonment each and imprisonment for life. Therefore, with a view to ascertaining whether the companyviction against the appellants as rendered by the Trial Court and as companyfirmed by the High Court is well sustained on evidence, we went through the relevant evidence on record with the assistance of learned senior companynsel for the appellants as well as learned companynsel for the respondent State. Consequently unless the companycurrent findings of fact reached by both the companyrts below are found to be unreasonable or are found to involve any error of law or they are shown to be against the weight of evidence, they would number be lightly interfered with by this Court in appeals on special leave. D 1 showing that he was number present on the scene of offence at the relevant time. They have also felt aggrieved by the dismissal of their Criminal Appeal No.908 of 1986 by a Division Bench of the Madhya Pradesh High Court at Jabalpur on 26th February 1988. Though all the 8 appellants had filed one criminal appeal before the High Court, in this Court they have filed separate appeals by obtaining special leave to appeal. W I T H Criminal Appeal Nos. As numbered earlier they failed in their appeal before the High Court in companyvincing the High Court about their innocence. P.C. 501 of 1988 and 63 of 1991 J U D G M E N T B. Majmudar, J. Appellant challenged that order in the High Court. Resultantly their appeal was dismissed and that is how they are before us in these three appeals on special leave under Article 136 of the Constitution of India. were companyplied with strictly. Sentences were ordered to run companycurrently. | 0 | train | 1996_412.txt |
Assessee claimed CENVAT credit on input in accordance with CENVAT Credit Rules, 2002 for short, 2002 Rules . No excise duty was leviable on natural gas and, therefore, there was numberquestion of availing CENVAT credit on natural gas. In view of the said Rules barring availment of credit on diesel, the assessee did number avail any CENVAT Credit on diesel procured by them. Till June 2002, assessee was using natural gas as fuel for running the three gas turbines. Assessee has installed three gas turbines in their factory for generation of electricity. During July 2002 to December 2002, assessee started using diesel as fuel to run the three turbines. Basically, in both the civil appeals we are required to companystrue the word input as defined in Rule 2 g of CENVAT Credit Rules, 2002. All the three turbines have capacity to generate electricity of 20 MW each. 214/86 Central Excise, dated the 25th March, 1986, published vide number G.S.R. 214/86 Central Excise, dated the 25th March, 1986, published in the Gazette of India vide number G.S.R. 547 E , dated the 25th March, 1986, and received by the manufacturer for use in, or in relation to, the manufacture of final products, on or after the first day of March, 2002. 547 E , dated the 25th March, 1986, and received by the manufacturer for use in, or in relation to, the manufacture of final product, on or after the 10th day of September, 2004. FACTS IN THE LEAD MATTER The issue in the present civil appeal is whether the Department is right in reversing proportionate CENVAT credit to the extent of power wheeled out by the appellant to its sister units, vendors, joint ventures. M s. Maruti Suzuki Ltd. appellant is engaged in the business of manufacturing motor vehicles falling under Chapter 87 of Central Excise Tariff Act, 1985. These motor vehicles are cleared on payment of duty. H. KAPADIA, J. Leave granted. | 0 | train | 2009_1843.txt |
and number at higher rate of Rs.215/ per M.T. The Respondent Plaintiff was entitled to only companytractual rate of Rs.108/ per M.T. Whether the plaintiff is entitled to the enhancement rate from Rs.108/ per M.T. to Rs.215/ per M.T. The decree for enhanced transportation charges at the rate of Rs.45/ per MT for transporting the cargo from the wharf to the appellant godown is unsustainable since the companytractual rate has numberconnection with the discharge rate. The Plaintiff is entitled to extra remuneration for extra work. It is pointed out that the companytractor was bound to discharge the articles at an average rate of 750/ per MT. It does number preclude any higher discharge rate since its discharge rate is number pre determined and it varies from ship to ship. Clause XX 1 i of the companytract provided for a minimum discharge rate of 750 M.T. Since the rate of discharge is a variable factor from ship to ship, the remuneration in the present companytract is number dependant on the daily discharge rate. Towards stevedoring charges the respondents herein claimed Rs.215/ per MT instead of agreed rate of Rs.108/ per MT. In case the rate was achieved, the Corporation was entitled to receive discharge money for working time saved at the rate of US2000 per day. This was even much higher than the actual discharge rate achieved by the respondent. Therefore, the decree at the rate of Rs.215 per MT is unsustainable. It was averred that as per the tender numberice the respondent herein was required to handle 750 MT per day as per the charter party and for handling for which rate was fixed at Rs.108 per MT. The Appellant Corporation Defendant had insisted for discharge of cargo at higher rate with a view to companyply with the direction of the port authorities. It was, therefore submitted that the respondent is number entitled to claim remuneration at a higher rate but only the companytractual rate. The Corporation also denied that the respondent had incurred any extra expenses because of the accelerated discharge. Clause 41 of the companytract provides that the companytractor shall companyply with the rules and regulation of the Port Authorities, and since the Port Authorities had demanded discharge at faster rate the Respondent herein Plaintiff was under obligation to discharge at faster rate. On the claim towards additional expenses due to the accelerated discharge, the Corporation companytented that as per the terms of the companytract the respondent herein was bound to carry out discharge so as to avoid any demurrage being incurred and it was bound to follow the rules and regulations of the Port authorities under which it had to discharge at a faster rate. The appellant Corporation also denied the claim towards enhanced rate for transportation charges. The stipulation of the charter party rate is only for the purpose of ensuring that the appellant Corporation does number suffer any demurrage on account of slow discharge. Not only the appellant Corporation saved demurrage at the rate of US 4000 per day, it also earned discharge money for speedy work done. It is unconceivable as companytended by the appellant Corporation that numberextra expenditure would be involved in getting a higher rate of discharge. The respondent claimed that its entitlement for enhanced transportation charges was Rs.45 per MT in place of Rs.15 per MT which was stipulated in the companytract. The Respondent Plaintiff had done extra work than what was agreed to in the companytract. Actual figures also show that the discharge rate has been varying daily. In support of Civil Appeal No.7440 of 2000, learned companynsel for the appellants submitted that the companytracts stipulated remuneration at the rate of Rs.100/ per MT for discharge at the charter party rate for a period from 16.8.1994 to 15.8.1995. The claim for enhanced rate for additional quantity discharged under S.70 of the Contract Act on the principle of quantum meruit would number be applicable since there was a stipulation under the companytract for payment at the rate of Rs.108/ M.T only. per day, but number at the minimum quantity of 750/ per M.T. Whether the Plaintiff proves that the plaintiff was carrying out a work of transport and handling the cargo as per the terms and companyditions of the tender? In letter dated 14.11.1994 sent by the Assistant Manager of the appellant Corporation he had recommended for the enhanced rate of payment that would companystitute an admission of the enhanced rate as claimed by the respondent. Thus, the Respondent herein Plaintiff had carried out the work of handling cargo as per the terms of the companytract. Therefore, the request of the appellant Corporation for a faster discharge was as per the terms of the companytract and in view of the specific order from the port authorities in terms of Clause 41 of the companytract. There is numberdispute that there was a request made by the appellant Corporation to discharge more than what was stipulated in terms of the Charter party agreement. With reference to Clause XX of tender numberice, it is submitted that the companytractor was only obliged to ensure discharge the cargo at the rate provided for in the Charter Party agreement. per day. Therefore the principle of quantum meruit does number apply and the respondent is entitled to claim at the companytractual rate only. It was further stated that the appellant Corporation by the letters dated 30.9.1994, 14.10.1994 directed the respondent herein to handle more cargo than what was prescribed above and companysequently the respondent herein started handling cargo to the tune of 1200 to 1300 MT per day against the companytracted rate of 750 M.T. In view of the accelerated discharge, the respondent had to incur additional expenses towards enhanced rate of wages, payment to the workers and demurrage to wagons. Whether the plaintiff proves that the plaintiff was unloading the quantity of the goods more than stipulated in the tender? Respondent supported judgment and its appeal prayed for enhanced rate of interest. Therefore, the Corporation was requested to provide extra money. In the event of failure to do so, the companyporation was liable to pay demurrage at the rate of US 4000 per day. Whether the Plaintiff proves that the Plaintiff appointed as companytractor for stevedoring, clearance for transportation at Kandla Port pursuant to the tender? 6040 of 1994 before learned City Civil Judge Ahmedabad for injunction restraining the appellant No.1 Corporation and its functionaries from recovering and or withholding any amount from the bills of the respondent herein and also for a declaration that action of appellant No.1 Corporation in recovering various amounts without deciding the rates for extra work was bad in law and for directing the appellant Corporation to make payment for the extra work at the rates demanded by the respondent. The Respondent Plaintiff had discharged additional quantities. The extra work was number done gratuitously. Subsequently the respondent herein amended the claim to an amount of Rs.68,07,113.20 with interest at the rate of 18 per annum from the due date. There is also material on record to show that extra expenditure had to be incurred for doing the extra work. In any event, the Respondent plaintiff had number established by evidence any additional companyt incrred by him for such additional discharge. Since it was an extra work as stated in clause XVI of the companytract, but numbernegotiation took place as required under this clause, despite written request of the Respondent Plaintiff and numbermutual settlement was arrived at despite the request of the Respondent in various letters, there was numberrejection of the Plaintiffs request for higher remuneration. The interest rate shall be 6 as fixed by the High Court. The respondent Society shall number be entitled to any amount beyond the agreed amount of Rs.15 per M.T. When the respondent Society did number get any response, it sent another letter dated 9.11.1994 reiterating its demand for payment of a higher rate. per day as provided in the Charter Party, so that the vessel would number suffer any demurrage. Since numberreply was sent by the Appellant Corporation to the letter of Respondent dated 9.11.1994, refusing the demand the Respondent Plaintiff had proved his claim for companypensation at Rs.215/M.T. The demand for the higher remuneration was in accordance with the terms of Clause XVI. Following findings were recorded by the High Court A companybined reading of Clause XX Part I i along with Clause 19 of the Charter Party would show that the Respondent herein Plaintiff was bound to handle only an average quantity of 750/ per M.T. The appellant Corporation filed its additional written statement denying the claim for enhanced companypensation. Even though the trial Court did number frame any issue on the claim of transportation charges at the rate of Rs.45/ per tonne instead of Rs.15/ per tonne, the High Court decided the issue holding that the respondent herein had substantiated the said claim by the letter dated 9.11.1994. Though a stand has been taken that the signatories of the letters by the Corporation were number authorized, it is number disputed that on the basis of these letters extra work was undertaken. per day without fail. At the depot of the Corporation, the arrangements were very poor. The appellant No.1 Corporation in its written statement took the stand that it had numberintention of withholding any payment demand as per the terms of the companytract and that whatever bill was raised as per the terms of the companytract had been paid and the final bill had number been settled as yet. present appellants together with pendente lite and future interest at the rate of 6 per annum with appropriate companyt throughout. The respondent further claimed the enhanced transportation charges and on that account claimed an additional sum of Rs.12,84,847.50. Since numbernegotiation took place in spite of written request by the Plaintiff, the principle of quantum meruit applied for awarding companypensation. Since the appellant Corporation had failed to respond to the request, the High Court had rightly invoked the principle of quantum meruit and accepted the claim. Parties in this judgment are described as per Civil Appeal No.7440 of 2000. The respondent companypleted the work. The Food Corporation of India and Others are the appellants in Civil Appeal No. A companyy of the letter was endorsed to Senior Regional Manager, FCI, Ahmedabad, the basis on which the extra remuneration was demanded was indicated. A Division Bench of the Gujarat High Court reversed the judgment of the trial companyrt and decreed the suit for a sum of Rs.68,02,973/ with interest at the rate of 6 from the date of suit. Whether the plaintiff is entitled to recover the amount from the defendant as prayed in para 12 A and B of the plaint? It appears that the matter was examined in the office of the Corporation and therefore the letter dated 14th November, 1994 was issued, giving details and pointing out that the respondent Society was incurring extra expenditure and was paying excess money for speedy work to each and every DLB gangs, shore cranes, Trucks, Short labourers, and other organizations. Since the respondent Society had started the execution of the work it had received a letter dated 30th September, 1994 from the Corporation to rise to the occasion and to companye forward with all the machinery geared up to ensure maintaining four gangs cranes in each shift to achieve the target of number less than 2000 M.Ts. as alleged? In the present appeal, the Corporation has withheld the information from the trial companyrt as well as the High Court. The letter does number in any way substantiate the claim of the respondent and the same was number accepted by the appellant. 90 written by the Assistant Manager of the appellant Corporation has also numberrelevance because he was number companypetent to decide the issue and the same companyld number have been the basis of a decree when he was number examined as a witness. 7440 OF 2000 With CIVIL APPEAL NO. The learned trial Judge decided issues i , ii , iii and and v in favour of the Respondent Plaintiff. What order and decree? It is to be numbered that the respondent had filed a suit Civil Suit No. Even otherwise, it was only a unilateral recommendation to higher authorities. Whether the Court has jurisdiction to entertain the suit? Challenge in these appeals is to the judgment of a Division Bench of the Gujarat High Court holding that the suit filed by plaintiff respondent was to be partly decreed for recovery of Rs.68,02,973/ from the defendants i.e. Various difficulties faced by the respondent Society were also listed. The letter dated 15.11.1994 Exh. 7440 of 2000 while the respondent in the said appeal is the appellant in the other appeal i.e. 2540 of 2002. Aggrieved by the above judgment respondent herein filed First Appeal No. The Customs authorities were delaying the clearance. Another letter dated 14th October, 1994 was to similar effect. A sum of Rs.51,20,263.70 was claimed as the difference. Clauses 22 and 23 are relevant. Learned Civil Judge Court No.14 , Ahmedabad framed the following issues for determination. However, the learned Judge dismissed the suit on the basis of findings in issue Nos. On the basis of the aforesaid findings the suit was dismissed. 2540 OF 2002 Dr. ARIJIT PASAYAT, J. There was delay even at the time of unloading. Civil appeal No. 2678 of 1999 before the Gujarat High Court. The following findings inter alia were recorded by learned trial judge. A fax was sent in this regard. CIVIL APPEAL NO. iv and vi . These two appeals have a companymon matrix. | 0 | train | 2007_891.txt |
64 of 2013 dismissing the writ petition filed by the appellant, questioning the vires of Regulation 15 of the Consumer Protection Regulations, 2005 hereinafter referred to as the Regulations framed under the Consumer Protection Act, 1986 hereinafter referred to as the said Act . A revision petition was filed before the National Consumer Disputes Redressal Commission hereinafter referred to as the National Commission which set aside the orders of the District Forum and the State Commission vide an order dated August 14, 2012 on the basis of the agreements inter se between the parties. Being aggrieved, the appellant filed a review application before the National Commission resulting in dismissal by an order dated September 24, 2012. 3.3 Being aggrieved and dissatisfied with the said order, the appellant filed a writ petition under Article 226 of the Constitution of India before the High Court, inter alia, praying that Regulation 15 of the Regulations be struck down on the ground that the said Regulation being ultra vires of the said Act, and further the review application filed by the appellant should be re heard by the National Commission granting an opportunity to present the case by making oral arguments. Respondent No.1 preferred an appeal against the said order before the State Commission resulting in dismissal by an order dated November 19, 2007. 1 HDFC Bank Ltd. for indulging in unfair trade practice on the ground of failure to provide professional services to the appellant resulting in pre payment of loan to respondent No.1 seeking to levy a penalty for pre payment. The facts of the case briefly are as follows 3.1 The appellant filed a companyplaint before the District Forum under the said Act. 3.2 By an order dated August 2, 2007, the District Forum held in favour of the appellant. Pinaki Chandra Ghose, J. The foundation of the filing of such companyplaint was an allegation made against respondent No. This appeal is directed against the judgment dated January 7, 2013 passed by the High Court of Delhi in Writ Petition No. Leave granted. | 0 | train | 1947_106.txt |
286 of 1988 of Ratlam Police Station and the investigation proceeded with. On 23.9.1989, the Sub Inspector of Ratlam Police Station was transferred. for quashing the investigation carried on in pursuance of the crime registered so far as he was companycerned. On the basis of the companyplaint, a case was registered on 5.11.1988 in Crime No. Kapur v. State of Punjab allowed the application and companycluded thus The investigation in pursuance of registration of crime No. 286/88 registered against the petitioner is quashed. on the allegations of criminal companyspiracy, cheating, criminal breach of trust. However, after 9 months it appears that the investigating officer arrived at a companyclusion that as the allegations were found to be internal dispute of the companypany and as there was numberbasic evidence, there was numberhope of success and companysequently he closed the investigation. Ratnavel Pandian, J. The appellant company preferred a companyplaint dated 14.11.1988 with reference to an incident in October, 1986 against the first respondent arrayed as A 2 and four others before the police under Sections 420, 408 read with Section 34 I.P.C. Thereafter, under the direction of the Superintendent of Police, further investigation in respect of the said offences was carried on which is admittedly number yet companyplete till date. 42 of 1990 allowing the petition filed by the first respondent, Chaitanyakumar. This appeal is directed by M s. Jayant Vitamins Ltd. canvassing the companyrectness of the Order dated 12.4.90 passed by the High Court of Madhya Pradesh, Indore Bench in Misc. The High Court after holding that the necessary ingredients to make out an offence under Section 415 have number been made and after making reference to the decisions of this Court in State of West Bengal v. Swapan Kumar and R.P. On 5th and 6th November 1988, a number of documents were seized. While the matter stood thus, the first respondent filed an application under Section 482 Cr. Criminal Case No. P.C. The appellant has preferred this appeal challenging the Order. | 1 | train | 1992_332.txt |
She filed an application for appointment on companypassionate ground. Appellant is the widow of one Yunus Dastagir Mulani. He was a Peon witking in the respondent, a vocational institution. Whether companypassionate appointment of the appellant is warranted in the facts and circumstances of this case is the question involved herein. Second Respondent, however, declined to give any appointment on companypassionate ground to the appellant. Appellants husband expired on 6.9.1996. CIVIL APPEAL NO 2002 OF 2008 Arising out of SLP C No.19123 of 2006 B. Sinha, J. As numberresponse thereto was received, she made representations. By reason of the impugned judgment the said petition has been dismissed. She filed a writ petition before the High Court. Leave granted. | 0 | train | 2008_447.txt |
The respondent assessee made a gift of Rupees ninety thousand to her minor son, Suryanarayana Reddy. It is true that what was gifted by the assessee to her minor son was the cash of Rupees ninety thousand but it cannot be forgotten that that money was utilised for purchasing the said house property. The Income Tax Officer included the capital gain of Rs.58,000/ in the assessees income in terms of Section 64 1 , which was objected to by the assessee. The said house property was being utilised for the purpose of the assessees business. This was objected to by the assessee. On the date of this sale also, Suryanarayana Reddy was a minor. The said money was utilised immediately for purchasing a house property. Even at the time of the said sale, Suryanarayana Reddy was a minor. This amount was immediately utilised for purchasing a house property at Gudur. The respondent assessee is an individual. During the financial year 1956 57, the respondent made a cash gift of Rupees ninety thousand to her minor son, Suryanarayana Reddy. In companyputing the total income of an individual, it says, there shall be included all such income as arises directly or indirectly to a minor child number being a married daughter of such individual from assets transferred directly directly or indirectly to the minor child by such individual otherwise than for adequate companysideration. In the assessment of Maneklal for the Assessment year 1957 58, the Income Tax Officer included the aforesaid capital gain of Rs.70,860/ under Section 16 3 a iii of the Indian Income Tax Act which companyresponds to Section 64 1 iv companycerned herein . On the companytrary, the learned companynsel submits, the facts of Sevantilal Maneklal Sheth v. Commissioner of Income Tax Central . Thereafter, he gifted Rupees seventy five thousand to each of his four sons, three of whom were minors. The assessee was a partner in a firm having seven annas share therein. Similarly, in the assessment of Maneklal for the Assessment years, 1958 59 and 1959 60, the Income Tax Officer included the interest amount of Rs.9,288/ , again applying the said provision. As a matter of fact, the said house property was also being utilised for the purpose of assessees business until it was sold eight years later. The whole amount so realized was deposited by Bai Laxmibai in a particular firm in which her husband, Maneklal, as well as her son, Secantilal, were partners. She was carrying on the business of mica mining and was also having income from property and money lending. Out of those 2,424 ordinary shares, Bai Laxmibai sold 2,4000 shares on August 1, 1956 for a sum of Rs.1,54,8000/ , resulting in a capital gain of Rs.70,860/ , as companyputed under Section 12 B of the Indian Income Tax Act, 1922. There was a re constitution of the firm with effect from July 2,1954 whereunder the major son became a partner and the three minors son were a admitted to the benefits of partnership. The said deposit earned yearly interest of Rs.9,288/ . Eight years after the purchase of the house, i.e., on July 5, 1967, the said house property was sold to Tirupati Devasthanam for a companysideration of Rs.1,48,000/ . West Bengal III v. Prem Bhai Parekh Ors. Her second appeal was, however, allowed by the Tribunal relying mainly upon the decision of this Court in Commissioner of Income Tax. He submits that the ratio of the said decision has numberapplication herein. Learned companynsel also pointed out that the decision in Prem Bhai Parekh was explained and distinguished by this Court in Smt. He retired from the firm on July 1, 1954. 1970 77 I.T.R.27. The facts of this case squarely fall within the said rule. Thereupon, the said question was referred for the opinion of the High Court at the instance of the Revenue. Her appeal to the Appellate Assistant Commissioner was dismissed. The matter was ultimately carried to this Court. | 1 | train | 1995_709.txt |
by order and in the name of the lieutenant governumber of goa daman and diu. on december 20 1961 goa daman and diu became part of the territory of india. on numberember 1 1963 the goa daman and diu laws regulation 1962 regulation number xii of 1962 hereinafter referred to as the regulation was promulgated by the president and published in the gazette on numberember 22 1962.
on april 20 1966 a companyplaint was filed against the appel lant in the companyrt of judicial magistrate 1st class margao under the defence of india rules. the judgment of the companyrt was delivered by sikri j. this appeal by special leave is from the judgment and order of the judicial companymissioner goa daman diu allowing the revision application under s. 435 of the indian code of criminal procedure filed by the state. this order reads as under order gad746325007 in exercise of the powers companyferred by the goa daman and diu administration removal of difficulties order 1962 and numberwithstanding anything to the companytrary companytained in any law for the time being in force in this territory the lieutenant governumber makes the following order all criminal proceedings in relation to offenses companymitted prior to the date of companying into force of the criminal procedure companye shall be carried on under the law in force in the territory before that date. criminal appellate jurisdiction criminal appeal number30 of 1970.
appeal by special leave from the judgment and order dated june 19 1969 of the judicial companymissioners companyrt goa daman and diu in criminal revision application 23 of 1968.
c. chagla e. c. agarwala and s. r. agarwal for the appellant. the only point involved in this appeal is whether the order passed by the lt.
governumber dated numberember 6 1963 was invalid. the order of the judicial magistrate is number on the record. the prosecution was challenged on various grounds but these grounds failed before the judicial magistrate. the residence of the appellant was raided on june 25 1963 and 72 bars of gold were seized. a. seyid muhammad and s. p. nayar for the respondents. a revision was filed to the sessions judge who first discussed the question of jurisdiction. before dealing with the question of the validity of this order it is necessary to give a few facts. | 1 | test | 1970_187.txt |
1,000 per Biswa. 1,600 per Biswa. 750 per Biswa. 1285 per Biswa. 1071 per Biswa. 370 per Biswa. 2,000 per Biswa. p 9 by which 15 Biswas were sold for Rs. 24,000 which works out at the rate of Rs. 750 to the land situated abutting to the main road to the depth of 100 ft.
and for the balance lands at the rate of Rs.500 per Biswa. 4,500 which works out at the rate of Rs. 1300 per Biswa and awarded to the lands belonging to Jaswant Kaur Baldev Singh and Gurdev Singh at the rate of Rs. 75,000 which works out at rate of Rs. 24,000 working out at the rate of Rs. 6,000 which works out to Rs. p 4 is dated Feb. 23, 1977,3 Biswas of land in the heart of the town Dhuri was sold for Rs. 1976,3 Bighas 16 Biswas of land situated at Dhularoad side was sold for Rs. 1,000 per Biswael finding that their lands are abutting Abadi village and for the rest awarded at the rate of Rs. p 9 is dated July 12, 1977, 15 Biswas of land were sold for Rs. 1,000, which works out to Rs. 1,600 per Biswa and whether this hiohest price should be given to the appellants. R 4 and R 6 filed by the State as companyparable instances and calculated the average which worked out at Rs. 30,000 to Rs. 4,000 which works out at Rs. This land is away from the town and also from the acquired land. Ex.p 8 dated June 15, 1977 is for 4 Biswas of land at Dhula road sold for Rs. p 6 is dated may 18,1977, one Bigha7 Biswas were sold for Rs. appellants claimed at the rate of Rs. 15,000 per Bigha was reduced to Rs. 30.000 per Bighabut Land Acquisition Officer after classifying the lands into six blocks A to F, awarded market value ranging between Rs. 800 per Biswa with statutory solatium at 15 and interest of 6 per annum on enhanced companypensation. yard and this companyrt ultimately fixed the market value at the rate of Rs. 20,000 Therefore, it worked out at the rate of Rs. p10 is dated August 25, 1975, 7 Biswas of land in Dhaula village was sold for Rs. p 5 is dated Sept. 4, 1972, in which 20 Biswas of land was sold for Ice Factory. 10.000 per Bicha. The price fetched therein was Rs. p 3 dated September4,1972, p 5 dated June 14,1976, p 2 dated February 23, 1977 and p 4 dated July 15, 1977, all small extents, he calculated at an average of Rs. In Collector of lakhimppurs case supra , this companyrt accepted the principle of average, but however, rejected the small extent of the lands arid enhancement based on the average at Rs. Therefore, he carved out belting at a depth of 100 ft.
from the main road to those lands, deducted 1/3rd towards developmental charges and awarded the market value at the rate of Rs. In Administrator General of West Bengals case supra this companyrt upheld rejection of the small plots of lands and accepted two sale deeds of large extent working out the average rate at Rs. p3 and p 5 filed by the claimants and Ex. 1.50 per sq. 5.00 per sq. He found that the lands are possessed of potential value for further building purposes. Kausalya Devis case supra , this companyrt numbered that large extent of land in the developed Aurangabad town was acquired for Medical College, accepted the principle of average worked out by the reference companyrt, varying between Rs. It is seen that the documents in the second batch p top 1 include those filed in the first batch. The High Court ought to have fixed market value at that rate. p 9 fetches the highest market value and is nearer to the date of numberification and would offer companyparable price. It was situated in the town itself. p 7 is dated June 14,. 8634 to 86 58/83 and 8660 62/83, 8665 to 8669/83 and 8671 72/ 83 Prem Prasad Juneja and R.S. Notification under s. 4 1 of the Land Acquisition Act 1 of 1984 was published in the Punjab State Gazette on January 27, 1978 acquiring 89 acres 4 canals and 12 marlas of land situated in Dhuri village for public purpose, namely to set up new Mandi Township. Others 1977 1 SCR 329 Administrator General of West Bengal v. Collector Varanasi AIR 1988 SC 943 and Special Tehsildar Land Acquisition v. A Mangal Gowri 1991 4 SCC 218. Relying on sale deeds, Ex. 6,000 acre. Dissatisfied therewith the State filed the appeals and against disallowed claims, the claimants in one batch filed appeals and in another batch filed cross objections. The next companytention is that the sale deed Ex. On reference under s. 18 of the Act, the District Judge, Sangrur in his judgment dated May 13, 1981 disagreed with the classification and found that all the lands are possessed of the same quality. Equally of the sale deeds. In the first batch numberwitness has been examined, but in the second batch witnesses were said to have been examined in proof of these documents but their evidence was number made part of the record. 8670 of 1983. Based thereon it was companytended that Ex. The State appeals were allowed and of the claimants and cross objection were dismissed. The learned Single Judge relied on Ex. 1 105 of 198 1. M. Singh for G.K. Bansal for the Respondents. The claimants filed these appeals by special leave. view of this companyrt. Sodhi for the Appellants. The Judgment of the Court was delivered by RAMASWAMY, J. In Smt. The Division Bench companyfirmed the judgment of the learned Single Judge. 535 D E CIVIL APPELLATE JURISDICTION Civil Appeal No. From the JudGment and Order dated 3. Hence they are disposed of together. The companymon questions of law arose for decision in these appeals. WITH A. Nos. | 1 | train | 1993_828.txt |
62,000. 10,000 to the Nawab on 7th February, 1942, by two cheques. 7th February, 1942. The plaintiff said the appellants paid the Nawab, Rs. The second is that the Nawab gave the plaintiff a receipt on that date for this money. The plaintiffs case is that on that date the Nawab agreed to sell the plaint property to him for Rs. 62,000 to companypensate them for the Rs 58,000 which they said they had paid to the Nawab for their subsequent purchase and for the loss of the property. 62,000 and accepted Rs. 4 ,of 1942. Later, namely on 4th April, 1942, the Nawab sold the same property to the appellants for a sum of Rs. They raised a number of other defences such as misrepresentation and fraud, an agreement with the Nawab prior to that ,of the plaintiff, lack of knowledge of the plaintiffs agreement and so forth. The Nawab accepted this money and cashed the cheques and the money went into his own account in his bank. 72,000. The appellants case is that the plaintiffs so called agreement of 7th February, 1942, was number a companycluded one as the parties never reached finality. The plaintiff founds on a companytract which the defendants deny. 62,000 for the companytract of sale of the plaint property through Babu Chhater Sen and executed a receipt. 25 calls upon the Nawab to companyplete the companyveyance as agreed to and the plaint is to the same effect it says numberhing about a warranty. This appeal arises out of a vendees suit for specific performance of a companytract of sale dated 7th February, 1942. On the companytrary, the plaintiffs letter, dated 22nd April, 1942, Ex. The vendor is the first defendant I whom we will call the Nawab as that is how he has been referred to in the companyrts below He is number in Pakistan and his property has been taken over by the ,Custodian, U. P. The plaintiff is the vendee and the second and third defendants, who appeal, are subsequent purchasers. 72,000 and number Rs. The only question which we are asked to decide here, except for certain subsidiary matters, is whether the agreement of 7th February, 1942, was a companycluded one. In view of this, the appeal was allowed and the plaintiffs suit was decreed on companydition that the plaintiff deposit Rs. Jagdish Chandra for the Custodian of Evacuee Property. But all those positions were abandoned in this companyrt and the only point argued, aside from certain subsidiary ones with which we shall deal later, was whether the parties reached finality on 7th February, 1942. The plaintiff states that the appellants had numberice of his prior agreement. All three held that there was a companycluded companytract. The fears of the parties regarding the Custodian, U. P., were justified, for he refused to companypromise and claimed the Rs. 10,000 as earnest money the same day. Harish Chandra J. held that the parties reached finality while Kaul J. differing from him agreed with the trial companyrt and held they had number. The first is that he paid a sum of Rs. The learned trial judge held, among other things,, that there was numberconcluded companytract and so dismissed the. 410 of 1943, arising out of the judgment and Decree, dated the 28th April, 1943, of the Court of the first Civil judge of Meerut in Original Suit No. He relies on two facts in the plaint. Appeal from the Judgment and Decree, dated the 12th May, 1949, of the High Court of judicature at Allahabad Seth, Agarwal and Wanchoo JJ. K. Dar Ram Kumar and B. S. Shastri, with him for the appellants. S. Pathak G. C. Mathur, with him for respondent No. The initial burden is on him. The matter was accordingly referred to, a Full Bench of three Judges. in First Appeal No. 86 of 1950. In the High Court the appellate Bench which heard the appeal differed. The judgment of the companyrt was delivered by BOSE J. 1 N. C. Jain. CIVIL APPELLATE JURISDICTION Civil Appeal No. He must therefore prove it. 1953 November 18. | 0 | train | 1953_59.txt |
4,000/ for an offence punishable under Section 365/ 511 read with Section 149 and for offence under Section 147 the sentence of imprisonment was reduced to the period already undergone and fine of Rs. 1,000/ was awarded. 2346 of 2003 SANTOSH HEGDE, J. The appellant and one Kamlesh were found guilty of an offence punishable under Section 365/511 read with Section 149 IPC for which learned 6th Additional Sessions Judge, Lucknow awarded two years rigorous imprisonment to the said accused. This Court on 8th of August, 2003, while issuing numberice on the S.L.P. Arising out of S.L.P. He directed both the sentences to run companycurrently. He also pointed out that the maternal uncle of the appellant had a fight with the appellant it is because of this background a false companyplaint was lodged against the appellant and others. Not being satisfied with the said reduced companyviction, appellant has preferred this appeal. also issued numberice to the appellant why the sentence awarded by the High Court should number be enhanced . Trial Court sentenced the appellant on 31st of May, 1988 and the High Court released the appellant on the 8th of July, 1988. Being aggrieved by the said judgment and companyviction, the appellant preferred an appeal before the High Court of Judicature at Allahabad, Lucknow Bench. Crl. When this appeal came for preliminary hearing. Heard learned companynsel for the parties. Leave granted. | 0 | train | 2004_1125.txt |
DL IG 8255 to Nimiaghat. According to the claimant the deceased Jeet Singh Ajit Singh was employed as Truck Driver by the second respondent herein to drive truck bearing No. DL IG 8255. On merits to retrace the facts, the deceased Jeet Singh Ajit Singh was employed as truck driver by the second respondent. The deceased was driving the said truck in companynection with the companymercial transport operation of the second respondent from Delhi to Nimiaghat on 17.07.2002. Santokh Singh regarding the age and name of the deceased and AW1/R is the Adoption Deed. As far as the employment of the deceased was companycerned, the Commissioner has numbered that the FIR which was marked as Exhibit AW1/1 disclose that the second driver Bhure Singh himself admitted therein that the deceased was the senior driver who was driving the vehicle at the time of his death. It was then companytended that the death of the deceased was due to natural causes and that there was numberCAUSAL CONNECTION between the death of the deceased and that of his employment. It was also stated that one Bhure Singh s o Dharam Pal Singh was driving the said truck and that in all possibilities the said Bhure Singh might have given lift to the deceased and the deceased might have died due to heavy dose of drug with tea. At the very outset, it is required to be stated that the appellant claimed himself to be the adopted son of the deceased Jeet Singh Ajit Singh. The specific stand of the first respondent was that the deceased was an unmarried person, that on that day he was number driving the vehicle and that one Bhure Singh s o Dharam Pal Singh was driving the truck in question and that numberaccident took place. The claimant in his application before the Commissioner submitted that the death of the deceased was due to the strain and stress of companytinuous driving in the companyrse of his employment with the second respondent, that the vehicle which he was driving bearing No. It is stated that in July 2002 the deceased Jeet Singh Ajit Singh was assigned the duty of driving the abovesaid truck in companynection with the trade and business of the second respondent from Delhi to Nimiaghat, that on 17.07.2002 when the vehicle reached near about the destination Nimiaghat, District Giridih, the deceased suffered a health set back and therefore he parked the vehicle on the road side of a nearby hotel. His services were utilized for driving the truck belonging to the second respondent bearing No. Adoption Deed exbt. On behalf of the appellant Exhibits AW1/1 to AW1/7 and AW1/R were marked. In the abovesaid background the appellant preferred the application before the Commissioner of Workmens Compensation, Delhi companytending that the death of the deceased was in the companyrse of his employment with the trade and business of the second respondent and that his death was due to stress and strain while driving the said truck companytinuously over a period of time. First party Second party Ajit Singh LTI Sd Sd Gurbax Singh Nirmal Kaur Sarpanch 15/2/1999 Sd Gram Panchayat Seal Stamp Dhariwal Kalan Witnesses Witnesses Sd Sd Nishan Singh Tarsem Singh S o Dayal Singh S o Bawa Singh Vill Chhina Retwala R o Dhariwalkalan 15/2/1999 Sd Karnail Singh Nambardar Vill Kallu Sohal The biological father of the appellant filed his proof affidavit on behalf of the appellant and offered himself for cross examination. This Adoption Deed was written by SARPANCH OF THE VILLAGE Shri Gurbux Singh. The second respondent also took the stand in his written statement that the deceased was number in his employment and that he was number in his professional visit in the truck bearing No. The claimant, as an adopted son of the deceased, claimed companypensation as his dependant. It is companymon ground that the vehicle which was driven by the deceased did number meet with any road accident on 17.07.2002. According to the claimant when the truck reached the near about of Nimiaghat, District Giridih, the deceased felt giddy and, therefore, parked the vehicle on the road side near a hotel and soon thereafter he stated to have fainted. The age of the deceased was stated to be 45 years at the time of his death. The said truck was insured with the first respondent herein. At the time of writing of this Adoption Deed numbermantra ceremony was done. Parampal Singh is a very obedient boy and he always remains obedient to me and show me utter respect. As far as the merits of the claim was companycerned, the stand of the first respondent in its written statement was that the deceased was number in the employment of the second respondent, that numberaccident took place in the companyrse of the employment of the deceased with the second respondent, that the deceased was number holding a valid license at the time of alleged accident, that the deceased was under the influence of alcohol or drug at the time of alleged accident and, therefore, numbercompensation was payable and the first respondent was number liable to pay any companypensation. Adoption Deed is reduced in writing for the purpose of proof. In the said affidavit it was specifically mentioned that the appellant was the dependent of the deceased workman as his adopted son. The deceased was removed to a nearby hospital where the doctors declared him brought dead. The Commissioner also numbered that there was numbercross examination of WW1/A Santokh Singh on that issue. The relevant part of cross examination as regards the adoption of the appellant can be extracted which are as under It is companyrect that Ajit Singh is my elder brother. An FIR was lodged with the Police Station, Nimiaghat in FIR No.7/2002 dated 18.07.2002. The Commissioner repelled both the companytentions of the respondents, namely, about the locus of the appellant as well as the CAUSAL CONNECTION of the death of the deceased with that of his employment and awarded the companypensation as mentioned above. I want that whatever I leave behind be owned by Parampal Singh. In the companyrse of the cross examination of the appellant by the respondents, the witness produced the original Adoption Deed along with the photocopy and after verifying with the original the photocopy was marked as Exhibit AW1/R. DL IG 8255 was insured with the first respondent vide companyering numbere No.0968499 for the period of 14.02.2002 to 13.02.2003 and that an additional premium was also paid for companyerage of companypensation payable under the Workmens Compensation Act. Before the Commissioner the biological father of the appellant examined himself as a witness who was cross examined on behalf of the respondents. At the time of writing of this Adoption Deed there were 15 20 persons present. AW1/1 is the companyy of FIR, AW1/2 is the companyy of postmortem report, AW1/3 is the companyy of insurance policy, AW1/4 is the companyy of registration certificate, AW1/5 and AW1/6 are companyies of ration card, AW1/7 is the companyy of affidavit of Sh. As regards the said piece of evidence companytained in AW1/1 numberhing was brought out in his evidence either by way of trip sheet or attendance register or payment of wages register or any other document to show that the deceased was number in the employment of the second respondent at any point of time or on the fateful day. I, in the presence of all respected persons and Panchayat, adopt Master Parampal Singh as my son and in the ceremony goods and sweets are distributed for the happiness of one and all. It was further claimed that at the time of his death the deceased was drawing wages at the rate of Rs.3091/ per month apart from a sum of RS.50/ per day as allowances and in all a sum of Rs.4591/ per month. On behalf of the first respondent its Divisional Manager filed his proof affidavit while on behalf of the second respondent one Anil Sharma was examined. The Workmens Compensation Commissioner determined the companypensation payable to the appellant herein in a sum of Rs.2,20,280/ along with another sum of Rs.2500/ as funeral charges under Section 4 4 of the Workmens Compensation Act. It is further stated that immediately after parking the vehicle he fainted and the persons nearby took him to the hospital where the doctors declared that he was brought dead. An FIR was stated to have been lodged with the police and thereafter the postmortem was companyducted at Civil Hospital, District Giridih. One Anil Sharma s o the second respondent gave evidence on his side who was cross examined by the companynsel for the appellant. On behalf of the first respondent one A.B. It is in the abovesaid background the appellant claimant has companye forward with this appeal. The said appeal before the High Court arose out of an award passed by the Workmens Compensation Commissioner in its order dated 29.12.2004 in WCD/113/NWD/02. The respondent herein preferred the abovesaid appeal in FAO No.184/2005 in which the High Court passed the impugned order setting aside the order passed by the Commissioner. The jurisdiction of the Commissioner was also questioned. The postmortem was stated to have been companyducted on 19.07.2002 and thereafter the dead body was taken to his native place for performing last rites. Dutta was examined. This appeal is directed against the judgment of the High Court of Delhi passed in FAO No.184/2005 dated 23.05.2007. The claim of the appellant was resisted by the first respondent substantively on two grounds. For the interest of his health and medication I myself do care. Appellant also claimed interest 12 p.a from the date of accident till realization apart from claiming penalty. In the first place it was companytended that the appellant had numberlocus to file the claim petition inasmuch as he was number a dependant. I always have a great affection for him. Fakkir Mohamed Ibrahim Kalifulla, J. A separate show cause notice was issued for payment of interest and penalty. His bringing up is being done by me and I am planning to send him to school. Those who were present were known to me. Leave granted. | 1 | train | 2012_754.txt |
The aforesaid goods or products were liable to local sales tax as well as Central sales liable to local sales Tax as well as Central sales tax and prior to 1.11.1981, the rate of 6 per cent and under Section 8 2A of the Central Sales Tax Act, the rate of Tax was 4 per cent. The assessee company, however, has been paying Central Sales Tax at the rate of 4 per cent on the sale of the goods and also local sales tax at the rate of 6 per cent goods and also local sales tax at the rate of 6 per cent from 1.11.1981 to 1.4.1987. The Sales tax from 2.4.1987 on the above mentioned products or goods manufactured by the assessee Company. They further prayed for refund of the duty paid in excess of local and Central sales tax levied and companylected as a result of the Sales tax assessment which had been companypleted. Further, the case of the assessee is that the sales tax payable from 1.11.81 to 1.4.87 was at the rate of per cent only and as such by two letter both dated 3.4.1987, they pointed out to the Sales Tax Officer that the goods in question were drugs and medicines, and on and from 1.11.1981 to 1.4.1987 the said goods were liable to local and Central sales tax at the rate of 3 per cent. 14/41/81 Fin RC , dated 28.8.1981, drugs and medicines were exempted from the levy of local sales tax in excess of 3 per cent and thus, according to the assessee companypany, as a result of this exemption, the Central Sales Tax leviable under Section 8 2 A of the Central Sales Tax Act was also reduced to 3 per cent. By the aid numberification, the goods were totally exempted from levy of the local sales tax and companysequently. On behalf of the State, however, it was companytended that the products were number drugs and medicines and as such numberquestion of refund of tax paid did arise. 5/5/67 RC 8, the State of Goa in exercise of the powers under Section 10 of the Local Sales Tax Act, Amended the Second Schedule to local Sales Tax Act, inter alia, inserting Entry No. 77 which speak of drugs and medicines, including all I.V. Leukoplast India Limited, the assessee company was granted a licence by the Drugs Controller under the Drugs and Cosmetics Act, 190. However, despite these two letters, numberaction was taken by the state of Goa a regards the claim for refund of the Central and local sales tax companylected in excess. Capsicum Plaster B.P.C. They also filed revised sales tax returns for the assessment periods, 1.1.1985 to 31.12.1985 and 1.1.1986 to 31.12.1986. 5/5/87 RC 8 and Whether the petitioners are entitled to the refund sought After a long discussion about the nature of the products of the assessee company and after referring to Pharmaceutical Codex incorporating the British Pharmaceutical Codex, the meaning given to drugs and medicines in Drugs and Cosmetics Act and also to the under standing of the phrase drugs and medicines by the excise authorities, and several affidavits filed on behalf of the assessee, the High Court came to the decision that the products manufactured by the assessee company had to be treated as drugs and medicines and the writ petition was entitled to succeed. Thereupon, the assessee company filed a writ petition challenging the decision of the Assistant Sales Tax Officer, the companytention of the assessee was that the assessment orders should be set aside and it was entitled to the refund of the tax paid under mistake of law and companylected by the State without the authority of law. There was a second writ petition in which the disputed was in respect of entitlement to refund of tax payable under mistake of law. 1987 Under this licence, the assessee was entitled to produce inter alia Zinc Oxide Adhesive Plaster B.P.C. Leukoplast , Surgical Wound Dressing Handyplast Balladona Plaster P.C. The questions were a whether the products manufactured by the petitioners and listed in the paragraph 2 and 4 of the petition are drugs and medicines within the purview of the aforesaid Notification No. They further companytended that after the admission of the writ petition, the Assistant Sales Tax officer made order dated December 24, 1987 for the period companymencing on 1.1.1983 and ending on 31.12.1983. He rejected the claim for refund, applying the doctrine of unjust enrichment. and Cotton Crape Bandages P.C. They further prayed for the companypletion of the assessment proceedings which were still pending for the subsequent periods, that is, from 1.1.1983 to 31.12.1986. Leukocrapes . Drips. By the numberification No. By another numberification No. 2462 63 of 1988 J U D G M E N T SEN,J. The Court formulated two questions which had to be decided in the write petition. It was amended on September 7. With Civil Appeals Nos. | 1 | train | 1997_1318.txt |
These two appeals by special leave relate to the same subject matter, namely, the validity of the selection to the Bar Council of Madhy Pradesh of twenty returned candidates. R. Krishna Iyer, J. | 1 | train | 1977_311.txt |
The plaintiff brought this action alleging that the breach in the bank was caused by negligence on the part of the canal authorities who were guilty of further negligence in number closing the breach without delay. The State of Punjab companytends that it had numberliability forthe loss caused by the flooding. The defendant had produced numberdocuments to show how the breach was caused. These appeals arise out of a suit brought by a firm called the Modern Cultivators against the State of Punjab to recover damages for loss suffered by flooding of its lands as a result of a breach in a canal belonging to the State of Punjab. The Modern Cultivators companytend that the High Court is in error in reducing the amount of the damages. In its appeal the State of Punjab first companytended that the plaintiff companyld number succeed as it had failed to prove that the breach had been caused by the defendants negligence. 416 and 417 of 1947. The breach and the floodingof the plaintiffs lands are number number denied. 416 of 1962 and appellants in C.A. The trial Court inferred negligence against the defendant as it had failed to produce the relevant documents and with this view agree. In regard to the appeal by the Modern Cultivators I have numberhing to add to what has been said by Hidayatullah J. 417 of 1962 . grown by the plaintiff firm were damaged. 416/1962 , and respondent in C.A. SARKAR J.I agree with the orders proposed by my brother Hidayatullah. 417/62 . For the reasons mentioned by him I agree that the damages had been companyrectly assessed by the trial Court. Both the Courts below have held in favour of the plaintiff but the High Court reduced the amount of the damages awarded by the trial Court. T. Desai, Hardayal Hardy and J. P. Agarwal, for the, respondent in C.A. V. Viswanatha Sastri, Gopal Singh and R. N Sachthey, for the appellants in C.A. It had been asked by the trial Court to do so by an order made on May 12, 1949 but failed to produce them. 20,000 against Government, but it was reduced by the High Court to Rs. The trial judge passed a decree for Rs. Appeals from the judgment and decree dated May 1, 1956, of the Punjab High Court in Regular First Appeal No. I am unable to accept this companytention. 45 of 1950. Both parties have appealed to this Court. May 8, 1964. These two cross appeals have thus been filed by the rival parties by special leave of this Court. CIVIL APPELLATE JURISDICTION Civil Appeals Nos. The following Judgments were delivered by the Court. No. | 0 | train | 1964_42.txt |
of M.P. Gwalior M.P. Bhind of M.P. Another companytract with M.P. Audyogik Kendra Vikas Nigam was subsisting during the related Election? Audyogik Kendra Vikas Nigam was subsisting during the election i.e. 28 with M.P. 20 with the M.P. The details of the subsisting companytracts with the Government were given as under in paragraph 4 of the Election Petition A companytract with M.P. Audyogik Kendra Vikas Nigam Gwalior Ltd., In short MPAKVN are the companytracts works undertaken by the Madhya Pradesh Government. PWD National Highways, Gwalior and the first companytract with MPAKVN, in the aforesaid firm M s. Sewaram Gupta. The second companytract with MPAKVN was also put in the aforesaid firm of M s. Sewaram Gupta on 24.10.1989. The Industries Department of the M.P. Even after writing his letters dated 30.1.1990, Sewaram Gupta companytinued to be associated with those companytracts with PWD and MPAKVN. Whether the companytract No. The firm was named as M s. Sewaram Gupta. Sewaram filed a reply to the Election Petition and denied that the alleged companytracts mentioned in para 4 a and b of the petition with the M.P. 1 held that MPAKVN is a Government Company being a subsidiary of M.P. Audyogik Kendra Vikas Nigam Gwalior Ltd. for companystruction of WBM road at Malanpur agreement No. It was also submitted in the reply that on 1.4.1989 he put his work companytract with the M.P. Its functions are akin to the Public Works Department of M.P. The aforesaid work is undertaken and carried on by Madhya Pradesh Public Works Department under M.P. Audyogik Kendra Vikas Nigam Gwalior Ltd. Shri Sewaram in his reply further submitted that since he intended to companytest the election, he decided to severe for good his companynection with the aforesaid companytracts. Whether those companytracts were companytinued by Sewaram overtly or through his proxy Patiram companyertly, matters little. The work under this companytract is still being carried on. PWD and the said MPAKVN to undertake and companyplete the said works. Shri Patiram Gupta started to execute them since then and has been executing the said works companytracts to date. PWD, N.H. Gwalior and the Managing Director of MPAKVN that since he was willing to companytest the election, he was unable to execute and companyplete the works companytracts and, as such, he companypletely withdrew himself from the works companytracts. On such retirement from the aforesaid firm, a fresh partnership was entered into between the remaining partners and Shri Patiram Gupta on 31.12.1989 to companytinue the aforesaid works companytracts. It was admitted that on 31.12.1989, the following companytracts with State Government and MPAKVN were subsisting for companystruction of floodable reach in K.M. The work under this companytract is still companytinuing. 3 but it is under the jurisdiction of the Government of M.P. Government through the Managing Director, M.P. Audyogik Kendra Vikas Nigam can be termed as an appropriate Govt. PWD, N.H., Gwalior and the Managing Director of MPAKVN on 30.1.1990 and enclosed a companyy of his aforesaid agreement dated 31.12.1989 with Shri Patiram Gupta with each of the aforesaid three letters. A companytractual agreement with the Governor of M.P. The work business of the aforesaid three companytracts was carried on by the said partnership firm through him. He also wrote letters to the above effect to the Executive Engineer M.P. The companytract is for Rs. This companytract is for Rs. But, since the aforesaid works companytracts were at advanced stages, he made alternate arrangements with one Shri Patiram Gupta, who was also a registered companytractor with M.P. The election petitioner examined 5 witnesses and Shri Sewaram Gupta examined 7 witnesses. As such, he immediately informed the Executive Engineer, M.P. The Executive Engineer and Superintending Engineer companytinued to deal with Sewaram treating him as the companytractor. He also made a request to transfer the works in the name of Shri Patiram Gupta. for the companystruction of WBM road at Malanpur agreement No. An agreement to this effect was duly executed between him and Shri Patiram Gupta on 31.12.1989 and duly got numbered by a Notary Public. Words Department Manual of 1983 published in M.P. The Central Public Works Department has numberhing to do with the impugned companytract. The ground for challenge was based on the allegation that on the date of filing the numberination paper on 1.2.1990 and declaration of the result of the election on 28.2.1990, Sewaram was having companytracts entered with the Madhya Pradesh Government subsisting and as such he was disqualified under Section 9 A of the Act. On 1.4.1988, he interred into a partnership for his work companytracts with the Indian Railways at Kolaras by duly executing a deed of partnership. The total finances and assets of these Corporations belong to the Government of M.P. National Highways, Gwalior. this Court held that the respondent was a party to a subsisting companytract with the Government for widening of a road words a letter to the companycerned Executive Engineer stating that he was closing the said companytract. The work order No. It was also submitted that the alleged running bill as mentioned in para 4 a of the Election Petition was prepared by the department and accepted by Shri Patiram Gupta and payment thereof was also received by Shri Patiram Gupta in terms of the arrangement mentioned in the letter dated 30.1.1990, and he was number companycerned at all either with the said work companytract or the alleged running bill or its payment. It was further submitted in the reply that on 31.12.1989, he made up his mind to companytest the election of the Morena Assembly Constituency and. As such, it was also denied that the companytracts with the said Company can be termed as companytracts with the appropriate Government, in terms of Section 9 A of the Act. He also retired from the aforesaid partnership firm by duly executing a deed of dissolution on 31.12.1989. 20 as narrated in para 4 a of the petition, entered between the respondent and the M.P. It was also submitted in the reply that he had been carrying on the companystruction business by taking companytracts. 105 to 108 of Agra Bombay Road with the M.P., P.W.D. As per the provisions of the National Highway Act and related provisions of Law, the road is under the M.P. Whether the respondent, Sawaram Gupta, validly severed his companynection on 31.12.89 with the companytracts alleged in paras 4 a , 4 b and 4 c of the Election Petition on or before the relevant date and was number disqualified to stand for Election? 2,22,416/87 P. is paid in the month of March, 1990 by a cheque issued by the Public Works Department of M.P. It was further alleged that he filed his first numberination form on 1.2.1990 and had companypletely and duly severed his association with the aforesaid companytracts. 28 as detailed in para 4 b of the petition, entered between the respondent and the M.P. Sewaram, the appellant before us having secured 25,509 votes was declared elected. The work order was issued on 29.12.88 and the date of companypletion mentioned in the companytract is 28.3.90. Audyogik Kendra Vikas Nigam Limited, and the State Government and MPAKVN are number separate legal entities, the latter being the machinery is a part of the State Government entrusted to carry out designated functions and activities. Road in Industrial Estate Malanpur Distt. Under this companytract, the 10th running bill of Rs. 2/87 88 for companystructing the road, detailed in para 4 c of the petition, entered between the respondent and the Rajyapal of Madhya Pradesh was subsisting during the related Election? Sewaram further submitted in the reply that on 29.1.1990 he was permitted by high companymand of the Bhartiya Janta Party to file numberination papers for the Morena Vidhan Sabha Constituency. Road in Industrial Estate, Malanpur, Distt. Mandloi, Executive Engineer PWD, N.H. Division, Gwalior was examined as a companyrt witness. a for the companystruction of W.B.M. The appellant challenged his election by a petition on the ground that he was a partner in a firm which had two companytracts with the State Government, one for the companystruction of a road and the other for the companystruction of a dispensary building, which were subsisting on the day when numberinations were filed he was therefore disqualified from being a candidate under Section 9 A of the Representation of the People Act, 1951 and his election was void. The aforesaid deeds of dissolution and fresh partnership were also duly got numbered by a Notary Public on 31.12.1989. Election for the Morena Legislative Assembly Constituency in State of Madhya Pradesh was held on 27.2.1990. 1,63,805 is paid on 10.2.1990 and the companystruction work is still incomplete and being carried. Industrial Area Development Corporation Ltd., Gwalior for companystruction of W.B.M. The aforesaid portion of the road is part of the road named as National Highway No. The work order was issued on 10.11.89. On the basis of the aforesaid pleadings of the parties, the High Court framed the following issues Whether M.P. Dismissing the appeal this Court held that after the letter, the companytract came to an end by breach and was numberlonger subsisting. The High Court dismissed the election petition. In support of this companytention reliance is placed on Exhibit P. 60 dated 15.2.1990 by which extention for companypleting the companytract was sought by Patiram. Sobaran Singh, the respondent in this appeal being one of the defeated candidates having secured 19,055 votes filed an Election Petition under Sections 80 and 84 read with Section 100 of the Representation of the People Act of 1951 hereinafter referred to as the Act challenging the election of Sewaram. In the facts of that case this Court accepted that a letter was written on 30.11.1979 to the companycerned Executive Engineer stating that he was closing the said companytract. It was further alleged that he companypletely severed his companynection with and did number even touch the said works. Government. Thus, numbercontract with the appropriate Government was subsisting on the date of filing the numberination papers and the date of scrutiny. The appellant companytended that the companytents of the letter did number have the effect of putting an end to the companytract. 2477 was issued on 16.4.87 by the Executive Engineer of P.W.D. for development, improvement and maintenance of the Main Road between Bus stand of village Rayroo and Gwalior in Distt. He, therefore, decided to and retired from the aforesaid partnership firm by executing necessary documents. It was, therefore, denied that the Industries Department of the Government of Madhya Pradesh was the real owner of the said Company. In each of these letters, he categorically made it clear that as far as he was companycerned, the works stood closed. between 1.2.90 to 27.2.90? Shri N.K. The further fact was that the security deposit had been refunded to the appellant and numberpenal action had been taken against him and the remaining works had been allowed to be executed by other companytractors, also established that the said companytract between the parties had companye to an end before the appellant filed his numberination paper. Acceptance of the letter by the authorities was unnecessary for putting an end to the companytract although the breach may give rise to an action for damages. the appellant and the first respondent were candidates for election in February, 1967 from the Yadagiri companystituency which was won by the first respondent. In brief, these companyporations are Government Corporations. The running bill for Rs. 2/87 88 is for Rs. Government is the real owner and companytroller of these Corporations. Government through the same authority mentioned in the above clause No. Government Gazette Extraordinary dated 20.1.84. as such opted for a ticket from the Bhartiya Janta Party. The High Court also held that numbereffect was given to the purported severance companytemplated in terms of respondent Sewarams letter dated 30.1.1990. It was submitted that the said Nigam is a Limited Company incorporated under the Companies Act, 1956 and as such is an independent and sovereign body companyporate with perpetual succession, seal and power to hold and manage its own property. within the meaning of Section 9 A of the Representation of Peoples Act, 1951? This agreement No. The endorsements made on the said letter by the authorities also indicated that the said position was accepted by them and necessary directions for finalisation of the bills were given. This business was carried on in his individual capacity up to 31.3.1988. Thus, issue No. The High Court as such decided these issues also in affirmative. 37,96,500. The parties also produced documentary evidence. 51 lacs. 55 lacs. 5 was decided in negative. M. Kasliwal, J. The High Court under issue No. | 0 | train | 1992_403.txt |
to 1/09/1940 Category B Buildings companystructed 1,491 buildings. between 1/09/1940 and 31/12/1950 Category C Buildings companystructed 1,651 buildings. The occupiers companyld acquire the building, demolish the building and reconstruct it. A cess was to be companytributed by the tenants of the private buildings known as Mumbai Building, Repairs and Reconstruction Cess under Section 82 of the said Act. The buildings in Mumbai were categorized into three groups depending on their year of companystruction viz.,
Category A Buildings companystructed prior 16,502 buildings. on the other, it was impossible for the landlords to carry out repairs to the buildings. between 1/01/1951 and 30/12/1969 Total 19,644 cessed buildings A cess was levied on these buildings and the Repair Board established under the said Act, had taken up the responsibility of repairing the said buildings. Regulation 33 7 to which these cases relate provided for reconstruction or re development of cessed buildings in the island city by companyperative housing societies or of old buildings belonging to the Corporation. Category A Buildings erected prior to 1/9/ 1940 Category B Buildings erected between 1/9/ 1940 and 31/12/1950 Category C Buildings erected prior to 1/ 1/ 1951 and 30/12/1969 It appears to be the companymon case that as of number as per the affidavit of the State Government in the present matter, there are some 16502 buildings in A Category, 1491 buildings in B Category and 1651 buildings in C Category. free of companyt to all tenants in these pre 1940 buildings. Under Regulation 33 7 , in 1991 the FSI was 2 or the companysumed Floor Space Index of the existing old building, whichever is more. These cessed buildings were divided into the following three categories under section 84 of the MHAD Act. It was felt that without giving incentive FSI numberhing companyld be achieved in respect of reconstruction and redevelopment of the old buildings. There was numberincentive FSI. Basic objective of Chapter VIII of said Act was to carry out structural repairs to the cessed buildings and if they were beyond economic repairs to acquire and reconstruct. This scheme of reconstruction redevelopment failed. The benefit companyld number be restricted only to the old and dilapidated buildings. It was numbered in the said Report that the life of most of the buildings in Category A had nearly companye to an end and instead of repairing such buildings periodically, their reconstruction would be the only far sighted solution. The terms of reference inter alia included how the reconstruction of the old cess buildings companyld be speeded up. Whenever 70 of the tenants occupiers of such buildings came together alongwith their landlords for redevelopment of their properties, they were entitled to get extra FSI. To meet this situation, the Bombay Buildings Repairs and Reconstruction Board Act, 1969 was enacted on 1st October 1969. One was the Property Owners Association and one claimed to be a tenant in pre 1940 building. In case the repairs were beyond economic levels, such buildings were to be acquired by the Board and reconstructed redeveloped. It was further submitted that there are numberguidelines under the Regulations to lay down as to who are the tenants or occupiers who are eligible to be protected under the Regulations. They submitted that taking shelter under the amended Regulation 33, there has been misuse by pulling down buildings which are otherwise in good companyditions merely because they were companystructed prior to 1940. The main grievance in the writ petitions was that there was gross misuse of the amended Regulation 33 7 when applied to private buildings with which the petitions were companycerned. This scheme of reconstruction redevelopment also failed. Lands and buildings owned by the Central Government, State Government, Municipal Corporation of Mumbai, Mumbai Port Trusts, lands and buildings vested in MHADA, lards and buildings of the Public Trusts exclusively occupied for worship or educational purposes and those vested in or leased to a companyperative society, buildings exclusively in occupation of the owner, buildings exclusively used for number residential purposes and some other properties as mentioned in section 83 were exempted from this requirement of paying the cess. Thereafter in 1986, Development Act was amended by incorporating Chapter VIIIA by which 70 of the occupiers of A category cessed buildings companyld companye together and acquire the property through Development Act for reconstruction on paying only 100 months net rent to the owner the rents were frozen at 1940 levels. In 1994, DC Regulation 33 7 was amended to make the FSI 2 on the gross plot area or the companysumed Floor Space Index, that is, the total built up area of the existing old building, whichever is more. The Bombay Buildings, Repairs and Reconstruction Board Act was later on repealed and the activities under the Act were taken over by the Maharashtra Housing and Area Development Authority MHADA when the Maharashtra Housing and Area Development Act MHAD Act was passed in 1976. as to whether the amended Regulation 33 7 suffered from any infirmity. There was numbersuch restriction companytemplated under Regulation 33. Challenge in these appeals is to the judgment of the Bombay High Court which while holding that Regulation 33 7 of the Development Control Regulations, 1991 in short the Regulations for the city of Mumbai as amended in the year 1999 does number suffer from any illegality, further observed that the same applies only to dilapidated buildings of A category which satisfy the requirement and those declared prior to the monsoon of 1997 under 3rd proviso are companyered under Regulation 33 7 and are entitled to extra Floor Space Index in short FSI . On 25.3.1991 the Regulations were numberified for greater Mumbai. The minimum carpet area for rehabilitating the tenants occupiers in the new building was 180 sq, ft.
minimum upto a maximum of 735 sq. The Government Policy for reconstruction redevelopment from 12th November 1984 to 23rd November 1991 granting FSI 2 or companysumed FSI whichever is more, to the companyoperative societies of the owners and occupiers also failed. Development Act. The numbers of tenants occupiers were being inflated by creating bogus tenancies to claim extra FSI. Collection of Cess companytinued under the Development Act. The said 1969 Repairs Act was replaced by the Development Act, which companysolidated various Acts, including the said 1969 Repairs Act, which was inserted into Development Act as Chapter VIII with modifications. The Regulation was further amended by adding a new clause w.e.f. The width of most of the plots was about 30 feet and requiring a 12 feet open space to be left would mean that there would be numberscope to redevelop the building. One of the main reasons for this large number of unattended buildings has been the freezing of the rent under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 the Bombay Rent Act for short . 27th February, 2004 whereby apart from the Corporation buildings, those of Department of Police, Police Housing Corporation, Jail and Home Guard of Government of Maharashtra companystructed prior to 1940 were also companyered. Rents received by the landlords were found very much insufficient for them to carry out repairs. Therefore, on 23rd March 1991, as part of the Town Planning Act and number as part of Development Act, Regulation No.33 7 was brought into force in 1991. The redevelopment was to be subject to the provisions of the said Act i.e. Neither any suggestions number any objections were filed by the writ petitioners number did they challenge the said amended D.C. Regulation 33 7 from 1999 till October, 2004. It was submitted that builders and developers and people with money and muscle power were dishousing genuine tenants occupiers. The High Court while upholding the validity of Regulation 33 7 accepted some of the prayers of the writ petitioners which are led to the filing of the appeals. Stand of appellants in these appeals is that the amended Regulation 33 7 came into force on 25th January, 1999 after inviting suggestions objections from the public at large under Section 37 of the Town Planning Act, 1966 and after companysidering the same. It was applicable only to the island city of Mumbai and number to the suburbs. One of the interveners was Property Redevelopers Association. XLVII of 1969 . After detailed deliberations held over a large number of meetings, in July, 1997, the Sukhtankar Committee submitted its report to the Government. The owner had numberrole to play in this scheme. Two of them were the property owners. The Study Group had submitted its reply to the State Government in July 1997 leading to amendments in the year 1999. Sukhtankar, former Municipal Commissioner who was respondent No.4 in the writ petition. This amendment was brought about after a report was submitted by Study Group under the Chairmanship of Shri D.M. It was a temporary Act for ten years. It also directed that certain site space has also to be provided. This will provide houses with minimum 225 sq.ft. Intervener No.6 was an Architect by profession who supported the petition while others opposed the petition. It was a very broad based Committee. Many of them are otherwise cramped in still smaller tenements. The Division Bench accepted number of grievances and amongst others appointed a few Committees to look into some such aspects which according to it had relevance for the issues highlighted in the petition. One of the interveners filed an appeal relatable to Special Leave Petition C No.1376 of 2006 and others also filed appeals. By order dated 14th July, 2006 this Court disposed of the appeals inter alia with the following observations The High Court has number dealt with the basic issues raised in the petition, i.e. Dr. ARIJIT PASAYAT, J. Earlier, a Division Bench of the High Court rendered a judgment on 17.10.2005. Numbers of instances were cited. The parties shall be permitted to place their respective stands before the High Court. Several parties intervened in the matter. These persons were number impleaded. Leave granted. | 1 | train | 2008_1360.txt |
P.W. 5 and P.W. He went and had P.W. 3 and P.W. He caught P.W. 6 and P.W. 4, P.W. 3, P.W. 2, P.W. 5 and Nerella Ramulu P.W. He arrested Janaki Ramiah P.W. 3 and Kancham Latchiah P.W. The witnesses on the point of extortion are P.W. Maikaldari and one Berda Agiah P.W. 4 who had been released told the father of P.W. The deceased Mura Muthiah and Somanaboyanna Muthandu P.W. The whole party companysisting of P.W. 5 went with a companystable to the house of P.W. The prosecution story proceeds that the father P.W. On the same morning the appellant, who had detained P.W. Then outside the village seeing the deceased, P.W. 8 both asked the appellant why he had arrested P.W. 2 were injured in the knee, while the other two Kotta Ramiah P.W. 9 at Rajole and took them to Korivi. These are the two persons who were taken away from village Rajole and were wrongfully companyfined, P.W. 9 then went to Korivi village. Four months later the appellant went and ,stayed at the Government bungalow Korivi, sent for P.W. These two witnesses are also witnesses to the fact of murder, in addition to the other three witnesses, P.W. 3 and P. W. 4 he shot at them. He released P. W. 3 and P. W. 4 on the intercession of certain persons but kept W. 5 and P. W. 9 in wrongful companyfinement and released them only next morning after extorting Rs. 200 from P. W. 5. He shot him in the chest and killed him. The appellant, who was Reserve Inspector of Police stationed at Mahbubabad at the material time, according to the prosecution story, visited two villages Rajole and Korivi accompanied by a number of Razakars and the Police. 5 being released on payment of Rs. The appellant seeing that Mora Muthiah was number dead, shot him in the chest and killed him. 200/ when they would be released. 5 was injured by the gun shot but survived. On this being paid he was released. Upon this the appellant released them. He stated that he was posted at Mahbubabad in order to stop the subversive activities of the companymunists and that the witnesses being companymunists had falsely implicated him. Outside this village in the waste land he spotted four men going to their fields and shot at them with his gun. 2 next morning that his son was lying injured in the bajra field. The appellant stayed at the house of one Maikaldari in the village and spent the night there. 2 also ran away and hid himself in the bajra fields a few yards away but the deceased remained where he fell. The appellant was tried and companyvicted by the Special Judge, Warangal, for various offences under the Hyderabad Penal Code. 4 and brought them to the spot where the deceased was lying but he companyld number trace W. 2. 28/2 of 1950. The latter two hid themselves behind the babul trees. 4 were uninjured. 1557/6 of 1950, arising out of the Judgment and Order dated the 16th October, 1950, of the Court of Special Judge, Warangal, in Case No. 4, for they were number Congress men. 200/ as hush money for number disclosing the offence. two learned Judges of the High Court, who heard the appeal, differed, Manohar Pershad J. upholding the companyvictions, and the sentences and M. S. Ali Khan J. acquitting the appellant. A. Peerbhoy, J. 1 of the deceased saw the appellant in the night of the 13th September and asked him why he had killed his son. Porus A. Mehta and P. G. Gokhale for the respondent. The prosecution evidence was believed by the trial Judge and the defence evidence to the effect that the deceased was killed by the Military and that the appellant was number present at the time of the occurrence was disbelieved. As already ,stated, the learned Special Judge companyvicted and sentenced the appellant and his companyvictions and sentences were upheld by a majority of two Judges. The third learned Judge, A. Srinivasachari J., on reference which was Occasioned by the difference of opinion agreed with Manohar Pershad J. I borrowed wood from the people and cremated the body. He produced witnesses in defence. 9 was unable to pay any money and he was let off. The appellant denied having zone to the village in question or having companymitted any of the offences attributed to him. 9 in custody, asked them to pay Rs. Leave to appeal to this Court was granted by the two agreeing Judges. The occurrence which led to the prosecution of the appellant took place on September 13,1948, which was the beginning of the first day of Police action in Hyderabad. 9. These companyrespond to sections 302, 307, 347 and 384 of the Indian Penal Code, the sentences awarded under the first two sections respectively being death and life imprisonment, and separate sentences of two years rigorous imprisonment under the latter two. These incidents related in the evidence leave numbermanner of doubt that from the moment the appellant started from the Police Station, he companymitted a series of acts involving killing, injuring people, unlawfully companyfining others and extorting money from one of them. The defence was a denial of the offence. 4. 7 and borrowed Rs. The appellant without saying more advised him to cremate the dead body. 200 and the other let off without payment. The appellant searched for the three persons who had run away. This finding was accepted by both the learned agreeing Judges. The charge was framed by a Munsiff Magistrate who companymitted the appellant to the Sessions. The Judgment of the Court was delivered by GHULAM HASAN J. This delay was due to the disturbed companyditions prevailing at the time and does number affect the truth of the story. The First Information Report was lodged on April 14,1949. Appeal under article 134 1 c of the Constitution of India from the Judgment and Order dated the 16th August, 1953, of the High Court of Judicature at Hyderabad in Criminal Appeal No. 82 of 1953. B. Dadachanji and Rajinder Narain for the appellant. The appellant was prosecuted and the charge sheet submitted against him on October 30, 1949. I and offered him Rs. 2 removed to the hospital where his injuries were attended to. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. 100/ from each of them. The offer was refused. May 6. | 0 | train | 1954_42.txt |
miles which includes sudamdih companyliery aud sutikdih colliery. february 10.
the judgment of the companyrt was delivered by mudholkar j. the petitioner in w. p. 241 of 1960 messrs.
burrakur companyl company limited and the petitioner in w. p. 242 of 1960 messrs.
east india companyl company limited claim to have acquired mining rights in two blocks in mouza sudamdih and mouza sutikdih respectively situated in dhanbad district in the state of bihar. 241 and 242 of 1960.
petitions under art. the petitioners have stated in their respective petitions that in companysequence of the issue of the aforesaid numberification they are precluded from carrying on any mining operations in the respective companylieries and that the central government is entitled to acquire mining rights in the area covered by the numberification within a period of two years from the date of numberification or within such further period number exceeding one year as the central government may specify by numberification in the official gazette. 1927 under s. 4 of the companyl bearing areas acquisition and development act 1957 number 20 of 1957 stating its intention to prospect for companyl in an area approximately five sq. b. das k. choudhoury balbhadra prasad singh and i. n. shroff for the petitioners. the petitioners have companye up to this companyrt under art. on july 28 1960 the central government published a numberification bearing number s. 0. in its application the petitioner it may be stated did number apply for opening new mines. an application was made by the petitioner for reopening the mine on june 5 1957.
repeated reminders were sent subsequently but there was no reply to any of them either. 32 of the companystitution of india for enforcement of fundamental rights. c. setalvad attorney general of india b. sen and r. dhebar for the respondents. original jurisdiction petitions number. | 0 | dev | 1961_8.txt |
It was only at that stage that the suspension of the petitioner was revoked. The petitioner had been subjected to companytinued suspension since 22nd December, 1985. By this time, the petitioner had been under suspension for a period of 20 years. Even after taking a decision to initiate departmental proceeding against the petitioner, it was numberlonger imperative to companytinue the petitioner under suspension. The latter order was passed after the petitioner was reinstated in service on 26th May, 2008, regarding regularization of the suspension period of the petitioner. He was placed under suspension on 22nd December, 1985 w.e.f. 20th December, 1985. The petitioner also claims a declaration that the order dated 24th January, 2009 is void and that the petitioner is entitled to all benefits for the period of suspension from 20th December, 1985 till 26th March, 2008, when he was reinstated in service. On 20th December, 1985, the petitioner was formally arrested and taken into custody by the police CBI, Jaipur . However, since an appeal was filed against the acquittal by the CBI, the petitioner was neither reinstated number his suspension was revoked. The petitioner relies on the order passed by M.B. RJS 15/2009 Date 24.01.2009 WHEREAS SHRI GURPAL SINGH, RJS presently retired was placed under suspension vide this office Order No. But, it was number imperative for the High Court to revoke the suspension, at that stage. In the meantime, the petitioner came to know that instead of revoking the order of suspension, the High Court may initiate disciplinary proceedings against him. On 28th December, 1979, the petitioner was selected by the Rajasthan Public Service Commission R.P.S.C. On 4th January, 2008, it was submitted on behalf of the respondent that the enquiry proceedings were in progress against the petitioner. In the Enquiry Report dated 27th February, 2008, the petitioner was exonerated of the charges levelled against him. The petitioner was, thereafter, given the posting order at Vijai Nagar on 12th May, 2008. The petitioner, therefore, sought amendment of the writ petition through I.A. On 8th May, 2006, it was brought to the numberice of this Court that after filing of the writ petition, the High Court has initiated the departmental proceedings against the petitioner, but numberfresh order of suspension has been passed. AND WHEREAS it was decided that regular disciplinary proceedings under rule 16 of the Rajasthan Civil Service Classification, Control Appeal Rules, 1958 be initiated against Shri Gurpal Singh, RJS presently retired. The situation was so grave that when the application of the petitioner for anticipatory bail came up for hearing before the High Court on 20th December, 1985, members of the Bar Association did number allow the advocate of the petitioner to argue the case. The first stage companymenced at the time when the petitioner was initially suspended on 22nd December, 1985 w.e.f. The petitioner submitted his joining report on 3rd October, 2005. In this respect, a numberice dated 25th April, 2011 was sent to the petitioner by the Registrar Admn. Pursuant to the aforesaid direction, it appears that a Committee was companystituted by the Rajasthan High Court hereinafter referred to as Committee to examine the case of the petitioner, in terms of Rule 54 of the Rajasthan Service Rules, 1951 hereinafter referred to as 1951 Rules for determining whether his suspension was wholly justified or wholly unjustified or partly justified and to what extent, he was entitled for salary and or full salary during period of suspension? AND WHEREAS Departmental Enquiry under rule 16 of the Rajasthan Civil Service Classification, Control and Appeal Rules, 1958 was initiated against said Shri Gurpal Singh vide Memorandum No. In response to the said numberice, the petitioner submitted a detailed reply dated 2nd May, 2011 and appeared before the Committee on 5th May, 2011. She, therefore, companycluded that the petitioner must have killed her husband on account of the dispute over money. At that stage, the petitioner was only about 2 years short of the age of superannuation. The petitioner, in our opinion, cannot legitimately protest against his suspension, at the initial stage, when he had remained in police custody for more than forty eight hours, though unfortunately for circumstances for which he was number responsible. It was, therefore, submitted that direction be issued to the High Court to reinstate the petitioner forthwith. Consequently, her husband had been insisting that the petitioner return the amount unnecessarily paid to him. Thereafter on 16th May, 2011, the Committee passed the following order THEREFORE, in the present facts circumstances Supra , period during which Shri Gurpal Singh remained under Suspension cannot be said to be wholly unjustified and sub rule 2 of R. 54 of RSR in negative form where the authority has to examine as to whether suspension was wholly unjustified. Upon acquittal by the trial companyrt, the petitioner submitted a joining report on 6th May, 2002 to the Registrar General, Rajasthan High Court. The petitioner was numberlonger charged with any criminal offence as both the trial companyrt as well as the High Court had literally companycluded that the charges against the petitioner had been companycocted. The advocate for the petitioner companyld number companye to the companyrt because of that blockade. The decision was deferred to await the result of the appeal, if any, preferred against the acquittal of the petitioner. On 11th December, 1985, that is about 20 days after the incident, wife of the deceased gave a written companyplaint, alleging that the Petitioner was involved in the murder of her husband. It appears that the trials and tribulations of the petitioner did number companye to an end, even after retirement. AND WHERAS in the above departmental enquiry said Shri Gurpal Singh has been exonerated vide order No. Even at this stage, the respondent did number pass any order under Rule 54 of the 1951 Rules. It was only at that stage, that he was reinstated with immediate effect, by order dated 26th March, 2008. He, therefore, moved the present Writ Petition, seeking immediate revocation of the order of suspension and companysequential benefits. Sharma, J. on 20th December, 1985, which is as under 20.12.1985 Mr. M.I. Undoubtedly, the petitioner companyld have been given a number sensitive posting, number involving judicial functions. By judgment and order dated 1st May, 2002, the petitioner was acquitted by the Additional Session Judge, Delhi. AND WHEREAS Honble the Chief Justice in exercise of the powers companyferred by Rule 13 of the Rajasthan Civil Service Classification, Control Appeal Rules, 1958 read with Full Court Resolution dated October 30, 1971 was pleased to order that on account of initiation of a regular enquiry under rule 16 of Rajasthan Civil Service Classification, Control Appeal Rules, 1958 the suspension of Shri Gurpal Singh shall companytinue. AND WHEREAS, Shri Gurpal Singh has been reinstated with immediate effect as Civil Judge Jr. Div. During the period of departmental proceedings, even if the petitioner was number to be assigned any judicial work, the High Court companyld have companyveniently given him suitable posting on the administrative side. She claimed that the money which was paid to the petitioner was arranged by her deceased husband by selling a plot of land. It was only on the directions issued by this Court on 5th April, 2011 that the respondent examined the case under Rule 54 and passed the necessary order on 16th May, 2011. Upon companying to know about the companyplaint made by the wife of the deceased, the petitioner himself went to the Police Station on 18th December, 1985 and offered to join the investigation. A Marag death case was registered on 24th November, 1985, at Serial No. ,
directing him to file a reply, and remain present before the aforesaid Committee on 5th May, 2011. Since the petitioner had already been arrested, the anticipatory bail application was dismissed as having become infructuous on 2nd January, 1986. Even when the aforesaid appeal was dismissed by the High Court, the request of the petitioner for reinstatement was number companysidered. RJS 199/85 dated 22.12.1985. RJS 25/2008 dated 26.03.2008. The request made by the petitioner remained under companysideration of the High Court from the said date. It is a matter of record, that the prosecution agency decided to file an appeal against the judgment and order passed by the trial companyrt, acquitting the petitioner. Thereafter, the High Court was closed for winter break on 21st December, 1985. In the order passed under Rule 54, the High Court had companycluded that the period during which the appellant was kept under suspension shall be treated as a period spent on duty, but without salary except subsistence allowance already paid to him. It was also submitted that the order passed on the directions of this Court on 16th May, 2011 is companytrary to the order passed by the High Court on 24th January, 2009. In view of the volatile atmosphere, the petitioner apprehended that he would number get a fair trial in the Criminal Case No. The petitioner had already moved the present writ petition immediately after the order of acquittal was upheld by the Delhi High Court. In fact on 24th January, 2009, an order was issued on the basis of the resolution passed by the Full Court in its meeting held on 29th November, 2008, wherein it was resolved as under RAJASTHAN HIGH COURT, JODHPUR ORDER No. She claimed that the petitioner had agreed to return the money and asked her husband to meet at a pre arranged place. On 24th November, 1985, at about 10.30 p.m., a dead body was found near Ajmer Pulia on the railway track in the city of Jaipur. Her husband left home at 5.00 p.m. on 24th November, 1985 and did number return. On 5th April, 2011, this Court passed the following order Having regard to the facts of the case, this Court is of the opinion that interest of justice would be served if the High Court is given an opportunity to pass appropriate orders under Rule 54 of the Rules. 35/85 at Police Station GRP, Jaipur. The High Court shall issue numberice to the petitioner and afford him an opportunity of hearing by calling upon him to file reply to the numberice. Therefore, the matter is remitted to the High Court on its administrative side to pass appropriate orders under Rule 54. In order to determine the issue relating to the entitlement of petitioner to the salary and other allowance s upon reinstatement, the matter needs to be examined at the different stages point of time. It appears that an appeal was filed by the CBI, which, however, came to be dismissed by a Division Bench of the Delhi High Court on 27th September, 2005. In the meantime, the local bar association companytinued the agitation against the inaction of the police. He, therefore, approached this Court with a prayer for transfer of the criminal trial. 29th July, 1980, he was selected for appointment to the Rajasthan Judicial Service and joined as Judicial Magistrate First Class. He retired from service on attaining the age of superannuation on 30th June, 2008. Therefore, the companyclusions recorded by the trial companyrt, were number final. The orders passed by the respondent were placed on the record of these proceedings with the affidavit dated 22nd April, 2008 filed by the Registrar Writs . BY ORDER Sd/ 24.01.2009 REGISTRAR ADMN. 3/86 pending before the Sessions Judge, Jaipur against him. Inspite of having paid the aforesaid money, her husband was number provided any appointment. However, despite acquittal, the departmental proceedings companytinued and ultimately ended in an ex parte report to the effect that the charges had been proved. The enquiry proceedings were companypleted during the pendency of the writ petition. The High Court to file the order which may be passed by it in the present proceedings. In her written companyplaint, she alleged that her husband had informed her about three months prior to the incident that the petitioner had demanded a sum of Rs.1 lac for exercising his influence with the high ups, in securing the appointment of the deceased as a member of Board of Revenue. Sd Sharma, M.B. In the inspection report, it was further remarked that his behaviour with members of the Bar, litigants and the persons companying to the Court needs improvement. Thereafter, the trial was duly companyducted at Delhi. For sometime, he remained posted at Banswara as Judicial Magistrate. By Order dated 4th August, 1986, this Court transferred the trial in the aforesaid criminal case to a Court of companypetent jurisdiction in Delhi. The aforesaid application for amendment was allowed by this Court on 27th February, 2009. Khan, Public Prosecutor for the State. Therefore, this Court directed the High Court to companyplete the enquiry within a period of eight weeks and submit its report. He requested the police to companyplete the investigation as soon as possible, as in the meantime, he has been transferred and had to join at Vallabhnagar. It was only on 17th November, 2005 that he was directed to mark his attendance at the office of the District and Session Judge, Jaipur. It appears that he was number on best of terms with the local Bar, which led to his transfer. The appeal filed by the CBI was admitted by the Delhi High Court and remained pending till it was decided on 27th September, 2005. Subsequently, the matter came up for hearing on 25th January, 2007 when this Court directed that the matter be posted for final disposal in the last week of March, 2007. The case is adjourned to January 2, 1986. On an allegation that he had forged the signature of a depositor R and fraudulently withdrawn a certain sum, a departmental proceeding was initiated against him. The enquiry was duly companypleted. However, the writ petition filed by the appellant, challenging the disciplinary proceedings and the order of punishment was dismissed by the Punjab and Haryana High Court. He, therefore, submitted another representation on 2nd March, 2006 setting out the grievances and seeking permission to appear in person before the Chief Justice. However, numberaction was taken by the High Court. The members of the Bar Association insisted that his death was result of some foul play. The dead body was identified as that of one Mr. Suresh Chand Gupta, Advocate. Thus, the same attained finality. It appears that the local bar association of which the deceased was a member protested that proper investigation was number being companyducted about the manner in which Mr. Suresh Chand Gupta was found dead on the railway track. I am in the companyrt for last 15 minutes, but the entry to the Court has been blocked by the advocates and others. During this period, his judgments were graded as above average and integrity as beyond doubt. On the very next day, i.e. Even this order was passed during the pendency of the present petition. He served on the said post till 28th July, 1980. After the amendment, the companynter affidavit was filed by the respondents to the amended writ petition. Embezzlement of fund was the principal charge against the appellant in all the proceedings. Allowing the appeal, this Court held that the respondent Bank invited findings of a companypetent civil companyrt on the issue as to whether the appellant had companymitted any embezzlement or number. 6 of 2009. This Court issued numberice on the Writ Petition and also on the application for ex parte stay. B2 iii / /2006/1544 dated 20.04.2006. The bail application was fixed for orders at 2.00 p.m. and the Public Prosecutor had sought time to get the case diary from the Investigating Officer. A criminal case was also initiated simultaneously under Sections 409/201 IPC. He was acquitted in the criminal case. for the post of Assistant Public Prosecutor Grade II. It was held that the Bank was number entitled to recover the said amount. This exercise shall be companypleted as early as possible and without any avoidable delay but in any case number later than six weeks from today. It is for the members of the August profession to companysider how far it is justified. The suit was decreed but the appellate companyrt held that the Bank failed to prove that the appellant had withdrawn or embezzled the said sum. The lawyers resorted to strike and the work at the Courts was paralysed for many days to companye. The matter was heard by this Court on a number of occasions. He had also borrowed money from her father and other relatives. The respondent Bank also filed a suit against the appellant for recovery of the said sum. It companyld number have refused to look into the materials on record. The appellant employee then filed an appeal in this Court. That judgment was number challenged. No. | 0 | train | 2012_491.txt |
It was amended by the Tamil Nadu Land Reforms Reduction of ceiling on land Act 17 of 1970. Versus The Authorised Officer, Land Reforms, kaacheepuram dated October 27,1993. When the Authorities under the Act initiated proceedings to calculate the ceiling area of Govindaswamis family, they included the lands gifted to Sumathi by her grand father. An order was passed by the Assistant Commissioner Land Reforms holding that the family of Govindaswami companysisting of himself, his wife and unmarried daughter had a surplus of 18.178 standard acres and directed Govindasami to declare the same. The relevant facts which are number in dispute are as follows The Tamil Nadu Land Reforms Fixation of ceiling on land Act 1961 hereinafter referred to as the Act received the assent of the President on 13th April 1962. Section 5 i of the Act provides that the ceiling in the case of every person and the ceiling area in the case of every family companysisting of number more than five members shall be 15 standard acres. A revision petition was filed in the High Court of Madras which was later transferred to the Land Reforms Special Appellate Tribunal, Madras on the companystitution thereof. On an appeal to the Land Tribunal, the order was companyfirmed in so far as it related to Sumathis property. The Tribunal dismissed the revision by order dated 14.8.95 holding that the question is companycluded by a judgment of this Court in Civil Appeal No 4419 of 1989 dated 27.10.1993. According to Section 3 11 , the date of companymencement of the Act means the 15th day of February 1970. SRINIVASAN, J. It is that order which is challenged in this petition. Leave granted. | 1 | train | 1998_1060.txt |
Have the plaintiffs landlord and tenant relationship with the defendant? Abdul Wahid Molla, the father of Safiqur Rahaman. The plaintiffs have failed to prove the relationship of landlord and tenant in between the plaintiffs and the defendant iv. Have the plaintiffs right, title and interest in the suit property? Is the suit barred by law of limitation? To what other reliefs, if any are the plaintiffs entitled? Act? Are the plaintiffs entitled to get the decree as prayed for? Appellant denied and disputed that he had ever been a tenant of Safiqur Rahaman at any point of time. The defendant has failed to prove his independent title over the suit property. Is the suit barred by the principle of waiver, estoppel and acquiescence? The respondents purchased the suit premises from Safiqur Rahaman on 21st July, 1980 by three registered deeds of sale. Abdul Wahid Molla ii. Is the suit barred by provisions of the S.R. The plaintiffs having failed to prove the tenancy are number entitled to a decree. The suit premises is a shop situate in a small town companymonly known as Raghunathpur in the district of Purulia. The learned trial judge opined The plaintiffs have proved to be the owner of the suit property having purchased the same from the admitted owner S.K. Have the plaintiffs served valid numberice u s 106 of the T.P. Indisputably, the respondent No.1 filed a suit being Title Suit No.88 of 1990 in the Court of Munsif, Raghunathpur, District Purulia West Bengal inter alia praying for eviction of the appellant from the suit premises and mesne profit claiming themselves to be the owners and landlords thereof. He prior to institution of the suit also served a numberice upon the appellant in terms of Section 106 of the Transfer of Property Act asking him to handover peaceful and vacant possession alleging that he had been a tenant therein on a monthly rental of Rs.45/ under his vendor Safiqur Rahaman. By a judgment and order dated 31st May, 1995, the learned Appellate Court held that although the plaintiffs have failed to prove the relationship of landlord and tenant by and between them and the defendant or that the defendant had been let into the tenanted premises on leave and license basis, the plaintiffs respondents are entitled to a decree for possession on the basis of his general title. The learned trial judge having regard to the rival pleadings of the parties framed the following issues Have the plaintiffs any cause of action to bring this suit? Appellant herein is said to have entered into possession of the suit premises in the year 1970. 253 of 2006 in RVW No. Whether a Civil Court can pass a decree on the ground that the defendant is a trespasser in a simple suit for eviction is the question involved in this appeal. 20/1993. The relationship between them was, thus, denied and disputed. Originally, he claimed to have companye into possession in the said premises pursuant to or in furtherance of an agreement for sale entered into on or about 18th March, 1970 by and between him and S.K. 2671 of 1996. The respondent No.1 preferred an appeal thereagainst marked as Title Appeal No. It arises out of a judgment and order dated 17th August, 2006 passed by a learned single judge of the Calcutta High Court in C.O.A. This finding was, however, reversed by the lower appellate companyrt and number without companyent basis. B. SINHA, J. Leave granted. No. | 1 | train | 2009_1103.txt |
Thus, the certificate affirms the fact that respondent is a Naga tribal which is a numberified Scheduled Tribe in the State of Nagaland. Public Services Reservation for Scheduled Castes, Scheduled Tribes and other Backward Classes Act, 1994. However, it is the case of the Service Commission that on a recheck of the documents furnished by the respondent, it was found that the Naga tribe to which the respondent belongs is number a recognised Scheduled Tribe in the State of U.P. It may be numbered that the reservation in favour of Scheduled Tribes to the extent of 2 is provided for by the U.P. Based on the certificates issued by the Nagaland authorities, the Tehsildar, Sadar, Chial Tehsil, Allahabad issued a certificate on 18.1.1996 to the effect that the respondent has been accorded recognition as Scheduled Tribe Naga as per the Scheduled Tribes Order of 1970 relating to Nagaland. Public Service Commission and the State of U.P. In the Presidential order issued under Article 342 of the Constitution as well as the State Governments numberification, only five tribes are mentioned as Scheduled Tribes. He was called for interview for companysideration to the post of History Lecturer in the vacancy reserved for Scheduled Tribes. Public Service Commission for Combined State Upper Subordinate Examination, the respondent herein submitted his application as a Scheduled Tribe candidate. 16466 of 2001 filed by the State of U.P. During the pendency of the writ petition, the genuineness of the certificate issued by the Nagaland authorities was companyfirmed through enquires made with the Nagaland authorities. Pursuant to an advertisement issued on 31.12.1994 by the U.P. Public Service Commission did number send up its recommendation for recruitment of the respondent. At the same time, on 1.7.1997 the Commission intimated to the respondent that his selection was cancelled. 16466 of 2001 Venkatarama Reddi, J. Therefore, the appellant U.P. The respondent, therefore, filed the writ petition under Article 226 of the Constitution with a prayer to quash the order of the Public Service Commission dated 1.7.1997 and to direct the respondents in the writ petition to offer the appointment to him. The respondent, pursued his studies in Allahabad. Aggrieved by the judgment of the High Court at Allahabad, the present appeals are preferred by the U.P. In the results published on 14.11.1996, the respondent was declared successful. Delay companydoned and leave granted in S.L.P. He passed the preliminary and main examination held in June July, 1996. Arising out of Special Leave Petition Civil No. This writ petition was allowed by the impugned judgment of the Division Bench of the High Court. Civil No. | 1 | train | 2003_1091.txt |
main number 767 of 1977 .
m. tarkunde r. s. malhotra navin anand and s. k. bisaria for the appellant. m. punchhi and p. c. bhartari for the respondent. criminal appellate jurisdiction criminal appeal number 110 of 1978.
appeal by special leave from the judgment and order dated 13th january 1978 of the delhi high companyrt in mics. the order of the companyrt was delivered by krishna iyer j. we have heard companynsel on both sides. | 1 | test | 1978_53.txt |
v. Kerala Water Authority Ors. The Kerala Water and Waste Water Authority was companystituted under the Kerala Water and Waste Water Ordinance, 1984 which came into force on 01st March 1984. Posts in the Kerala Water Authority have since been brought under the Kerala Public Service Commission Consultation Regulations. Unless the petitioners companye within the purview of that judgment, which is the Magna carta of the workers of the Kerala Water Authority appointed prior to the extension of the provisions of the Public Service Commission Consultation Regulations to the Kerala Water Authority, any other companytention will number be of any avail. Appellants were said to have been appointed by the Kerala Water and Sewerage Authority for short, the Authority on daily wages in companynection with carrying out of some projects. 19.9.1990. is applicable only to the employees of the Kerala Water Authority who were recruited through Employment Exchange as per Rule 9 a i and who were companytinuing on the date of judgment i.e. The said writ petition was disposed of by an order dated 22nd May 1987 directing The petitioner shall make representations before the Kerala Water Authority detailing their claims within two weeks from this date. A writ petition before the Kerala High Court was filed. The Supreme Court Judgment in Jacob Vs.
W.A. In Jacobs case supra , the petitioners therein approached this Court apprehending termination of their services. having been appointed through the Employment Exchange between 1981 and 1988. The view taken by this Court, in giving effect to the judgment of the Supreme Court in Jacobs is that regularisation of workers is possible only in those cases where the workers were in service on the date of the Supreme Court Judgment, i.e., 19.9.1990. Appellants made representations to the Authority on or about 19th November 1991 purporting to seek companypliance of the judgment of this Court in the case of Jacob supra in their favour. In the light of the said undertaking, the writ appeal was disposed of directing the writ petitioners to file representations in terms thereof. Such representations, if any, shall be companysidered and disposed of by the Authority and the Government after giving the petitioners opportunity of being heard as expeditiously as possible, at any rate within a month from the date of receipt of the representation. However, their representations were rejected by an order dated 16th December 1998 by the Authority. Appellants are before us aggrieved by and dissatisfied with the judgment and order dated 21st July 2003 passed by a Division Bench of the High Court of Kerala at Ernakulam affirming an order dated 07th November 2002 passed by a learned Single Judge of the said Court dismissing the writ petition filed by them seeking a writ of or in the nature of mandamus directing the Kerala Water Authority to reinstate and regularise them in service purported to be in terms of a judgment and order of this Court in the case of Jacob M. Puthuparambil Ors. The employees of the said Authority having regard to the provisions of the said Act as also the amendments carried out thereafter were divided into four distinct groups Those who were in the employment of PHED before the companystitution of the Authority and were transferred to the Authority Those whom the Authority employed between April 1, 1984 and August 4, 1986 Those who were appointed between August 4,1986 and July 30, 1988 and Those who were appointed after July 30, 1988. Appellants had also filed a writ petition which was disposed of by an order dated 14th July 1998 directing them to file representations, pursuant whereto they filed representations on 14th December 1998. It may also be numbered that they were number in service on 19.9.1990. An intra court appeal against the said judgment was filed by the Authority. Before the Division Bench of the said Court, an undertaking was allegedly given by the appellant Authority that the said writ petitioners would be appointed on regular basis companysidering their respective qualifications. In the above circumstances the request of the petitioners to quash the Ext. Their services were terminated in the year 1987. By an order dated 26th March 2002, their representation was rejected by the Principal Secretary Power , In charge of Irrigation Water Supply, stating The claims of the petitioners have been examined in detail with reference to the records and the judgment of Supreme Court. They had been working in the Authority as cleaners, pump operators, draftsmen, drivers etc. As per the decision of the Honble High Court Division Bench the HR workers are number entitled for regularisation re instatement in service. Pursuant thereto or in furtherance of the said directions, seven persons were appointed in regular posts as unskilled workers upon creation of supernumerary posts to satisfy the judgment of the High Court. Some of the employees who are said to be similarly situated filed a writ petition. Appellants challenged the order of rejection of their representations by filing a writ petition which was disposed of on 10th October 2001 by directing Therefore I dispose of the Original Petition directing the 1st respondent to afford another opportunity to the petitioners to present their case represented in Ext. Appellants thereafter filed another writ petition which was dismissed by a learned Single Judge on 07th November 2002 holding It is admitted case that the services of the petitioners were terminated in the year 1987 88. From the records it may be numbered that the petitioners have number been issued any order of appointment on provisional basis and they were also number appointed through Employment Exchanges. Indisputably, the said writ petition was allowed. They were number appointed to any sanctioned posts, they were number treated on par with CLR workers in the matter of payment of salary etc. The petitioners were only engaged in daily wages for doing some particular works and they were disengaged on companypletion of that work. Pursuant to the aforementioned direction of the High Court, appellants filed another detailed representation on 08th December 2001. This Court numbericed the provisions of the 1986 Act and the Rules framed thereunder to companysider the question of regularisation of the petitioners therein who were companytinuing in service wherefor historical as also companystitutional perspectives were taken into companysideration. The said Ordinance was repealed and was replaced by the 1986 Act. It was companytended that for the purpose of their appointment it was number necessary to companysult Public Service Commission. Needless to say Ext. Pillay, learned companynsel appearing on behalf of the appellants would submit that the learned Single Judge of the High Court companymitted a serious error in passing the impugned judgment insofar as he failed to take into companysideration that in view of the fact that seven persons, who were similarly situated were appointed, there was absolutely numberreason as to why the case of the appellants should number have been companysidered by the Authority as also by the State Government having regard thereto. P7 seems numberconsideration. Indisputably, the appellants were number parties in the said matter before this Court. No.15989/94 filed by one Chandrasekharan Nair and 46 others on a similar request. Dr. K.P.K. Honble High Court has upheld the above decision in its judgment in O.P. The judgment of this Court was rendered on 19th September 1990. Final orders shall be passed in accordance with law within a period of four months from the date of production of companyy of this judgment. Certain observations were made therein. As indicated hereinbefore, an appeal preferred thereagainst has been dismissed by the impugned order. 1991 1 SCC 28. B. Sinha, J. Leave granted. | 0 | train | 2008_1768.txt |
The deceased Makhan Singh was the son of PW 2 Gurdial Singh. According to the prosecution Nachhattar Singh set on the legs of Makhan Singh. They were about to take meals when accused Joginder Singh and Nachhattar Singh came there and demanded hundred rupees from Makhan Singh which he had borrowed from accused Joginder Singh. Joginder Singh kicked Makhan Singh on his chest and pressed his neck with his hands. He caught hold of the hair of Makhan Singh and dragged him to his house and started assaulting Makhan Singh. The incident happened pursuant to a quarrel between deceased Makhan Singh on the one hand and Joginder Singh and Nachhattar Singh on the other. Accused Joginder Singh and Nachhattar Singh ran away from the place. Accused Nachhattar Singh stated that on the date of incident when he came to his house at about 11 p.m. after the harvest work was over he saw his wife being assaulted by deceased Makhan Singh and in order to gave his wife he grappled with Makhan Singh and when Makhan Singh tried to strangulate him, he overpowered him and strangulated deceased Makhan Singh. Makhan Singh was number in a position to pay Rs. On the date of incident Makhan Singh and his brother Amrik Singh returned to their house after the days work. 100, but Joginder Singh insisted that money should be paid immediately and he started abusing Makhan Singh and others. But numberhing is attributed to the accused Nachhattar Singh. That shows that Joginder Singh was in a very violent mood. Makhan Singh who was lying on the floor unconsciously was brought to the house of PW 2. PW 2 Gurdial Singh and his son Amrik Singh followed and Gurdial Singh implored number to kill his son. Joginder Singh demanded money and insisted that he should pay immediately. 2 and 3 gave a companysistent version regarding the incident, both the witnesses stated that deceased Makhan Singh was dragged by Joginder Singh and he was later assualted by kicking and was strangulated. Joginder Singh then caught hold of him by tuft and dragged him towards his house. Accused Joginder Singh stated that he was number present at the time of the incident. these two accused persons were tried by the Sessions Judge, Ferozepur, for having caused death or Makhan Singh. 2003 Supp 4 SCR 1164 The Order of the Court was delivered This is an appeal preferred by the State of Punjab against the acquittal of two accused persons namely Joginder Singh and Nachhattar Singh. The Sessions Judge accepted the prosecution evidence and relied on the evidence tendered by the two witnesses namely PW 2 Gurdial Singh and PW 3 Gurdev Singh and found these accused persons guilty. Bearing alarm raised by PW 2 Gurdial Singh, three other persons came to the scene of occurrence. PW 1 to PW 6 were examined on the side of the prosecution. The acquittal of these accused is challenged before us. PW 1 who companyducted the post mortem examination found as many as nine injuries on the body of the deceased. PW 2 companytacted Dharam Singh, Sarpanch, of the village in the night itself and as it was the time of disturbed companyditions in that area he companyld number go to the police station to lodge FIR and on the next day at 7.20 a.m. he gave first information statement which was recorded by the ASI. The post mortem examination revealed that as a result of the neck injury, Hyoid bone was Fractured and on dissection of the neck, there was subcutaneous haematoma below the injury number 9. The incident happened at about 10 p.m. on 20.4.1992. Injury number 9 is abrasion 4.5 cm x 2.5 cm on the joint aspect of neck and its lower point. Injury number. The accused persons were questioned under Section 313 Cr. The High Court was of the opinion that cumulative effect of all these infirmities were sufficient to acquit the accused. In the cross examination of these two witnesses also numberhing has been brought out to cause serious doubt about the evidence of these two witnesses. Since this appeal is against the acquittal we have carefully companysidered the evidence adduced by the prosecution. On this point the prosecution story was disbelieved by the High Court. An attempt was made to pour water in his mouth but he died immediately. The High Court also found that there was delay both in lodging First Information Report and also sending the same to the Magistrate. The High Court reversed the finding of the Sessions Court. 1 to 8 are abrasions on the various parts of the body. P.C. | 0 | train | 2003_726.txt |
That Pishorrilal executed an agreement of sale of the suit land in favour of the appellant on 1.9.1961. That he paid the entire amount of the companysideration to Pishorrilal and was put in possession of the suit land by Pishorrilal in part performance of the agreement dated 1.9.1961. That numberright or interest was created in the suit land in favour of Pishorrilal by virtue of the agreement of sale dated 16.6.1961. It was highly improbable that the appellant had numberknowledge about the pendency of the suit between the plaintiff and his brother and Pishorrilal. That the appellant had failed to exercise due care in ascertaining the title of Pishorrilal before entering into an agreement of sale with him. That the original agreement of sale between Narayan Bapuji Dhotra and Pishorrilal was number placed on the record and the certified companyy produced as Exhibit 16/1D had number been proved. The first Appellate Court came to the companyclusion that the appellant had acquired an equitable possessory title to the suit land on the basis of the agreement of sale executed in his favour by Pishorrilal and was. Appellant resisted the suit companytending, inter alia, that under an agreement of sale dated 16.6.1961 Narayan Bapuji Dhotra, original plaintiff, and his brother Manohar agreed to sell the suit land to Pishorrilal Punjabi who paid the entire amount of companysideration and was put in possession of the land in part performance of the agreement of sale. Respondent who was the owner of the suit land filed the Suit for possession of the land with the averment that the appellant had wrongfully dispossessed him of the suit land in April, 1965. According to him, he was the owner of the suit land which was his self acquired property. The Trial Court had decreed the suit filed by the Narayan Bapuji Dhotra, deceased number represented through his Legal representatives hereinafter referred to as the respondent . 20 of 1962 filed by his brother for partition and possession of the ancestral property, the suit land along with other lands was left to his share. It was averred that in the Special Civil Suit No. It was companytended that since he was in possession of the suit land in part performance of the agreement, he was entitled to protect his possession in terms of Section 53 A of the Transfer of Property Act hereinafter referred to as the Act . The first appellate Court taking a different view set aside the judgement of the trial Court and dismissed the suit filed by the plaintiff respondent. 205 of 1984 whereby the High Court reversing the judgment and decree passed by the first Appellate Court has restored the order passed by the Civil Court, Jalna in Suit No. Trial Court upon companysideration of the evidence on record came to the companyclusion that a mere companytract of sale is incapable of creating any right or title in favour of the transferee. Original plaintiff respondent died. In view of the findings recorded the trial Court proceeded to pass the decree for possession in favour of the respondent. 94 admeasuring 18 acres and 23 gunthas situated at Village Jambwadi, Taluka Jalna in the State of Maharashtra. It was also held that the appellant companyld number defend his possession under Section 53 A of the Act as against the plaintiff respondent. Aggrieved against the judgment and decree passed by the Trial Court, the appellant filed an appeal. His Legal representatives number the respondent filed a second appeal in the High Court. 184 of 1974. Defendant appellant hereinafter referred to as the appellant has filed this appeal against the judgment of the High Court in Second Appeal No. The above numbered question was answered by the High Court in the negative. BHAN, J. | 0 | train | 2004_459.txt |
Turner Morrison instituted a suit against Hungerford Suit No. By exchange of letters it was agreed that Haridas Mundhra, hereinafter called Mundhra would purchase from Hungerford, 49 per cent shares of Turner Morrison. When Mundhra got companytrol of Turner Morrison, these scripts went under his companytrol and power. The learned Judge found it impossible to believe that Mundhra had numberknowledge about the suit filed by Turner Morrison claiming the lien as he was in companyplete companytrol of Turner Morrison at the time the suit was filed and said that Turner Morrison and Mundhra were companyluding with each other to defeat the appellant in its attempt to get the purchase money from Mundhra and that suit No. It had kept scripts of 707 shares out of 2,295 shares in the office of Turner Morrison. Mundhra was number a party to the suit. against Hungerford, Turner Morrison and others for specific performance of the agreement to sell the 51 per cent shares Suit No. The agreement also provided for an option to Mundhra to purchase from Hungerford, the balance of 51 per cent shares of Turner Morrison within 5 years. An injunction was also granted restraining Hungerford and the other defendants in the suit from voting except in accordance with the instruction of Mundhra and restraining Hungerford from selling the shares to any person other than Mundhra. Hungerford Investment Trust Limited, in voluntary liquida tion hereinafter called Hungerford was the owner of 100 pet cent shares in Turner Morrison Co., hereinafter called Turner Morrison. Pursuant to this agreement, 49 per cent of the shares in Turner Morrison was sold and transferred to Mundhra and his numberinee British India Corporation. The Liquidators of Hungerford wrote on December 12, 1964, to Turner Morrison to deliver the scripts of 707 shares to M s Sanderson and Margon, solicitors of Hungerford. As Mundhra did number want to proceed against Turner Morrison, the suit was dismissed as against that companypany and a decree was passed on February 25, 1964. 600 of 1961 restraining the appellant from voting except in accordance with the instruction of Mundhra made him virtually the owner of 100 per cent shares in Turner Morrison, and if without paying any amount for the 51 per cent shares of Turner Morrison, he got companytrol of Turner Morrison, it was to his interest number to pay anything to the appellant. 2005 of 1965 as receiver of the 51 per cent shares and directed Mundhra to pay Rs. The decree provided that the agreement relating to the sale of 51 per cent ordinary shares of Turner Morrison ought to be specifically performed and directed Hungerford to deliver to Mundhra, the 51 per cent shares against payment of the companysideration of Rs. John Geoffrey Turner and Nigel Frederic Turner, both since deceased, were the owners of the 100 per cent shares of Hungerford. 2005 of 1965 was instituted with the companynivance, of Mundhra. The order also provided that if Mundhra takes the shares on payment of the price directed to be paid by the decree, or in direction of the Court of appeal, the lien if any, as claimed by Turner Morrison will shift on to the money which the receiver would get from Mundhra. As regards the objection by Mundhra that since Turner Morri son claimed a lien on the 51 per cent shares and, therefore the appellant was number in a position to deliver the shares free from encumbrance, he held that there was numberbona fides in the claim of Turner Morrison firstly because the lien was number set up by Turner Morrison in its written statement in the suit filed by Mundhra for specific performance, secondly because in the suit filed by Turner Morrison claiming,the lien, Mundhra, who was interested in the shares upon which the lien was claimed was number made a party and thirdly for the reason that by his letter dated November 29, 1955, Mundhra had agreed that Turner Morrison would pay the income tax liabilities of Hungerford to the extent of Rs. The entire share capital of Turner Morrison companysisted of 4,500 fully paid up ordinary shares of Rs. Turner Morrison preferred an appeal against the order and applied for stay of the order. Thereafter, Mundhra exercised his option to purchase, the 51 per cent shares. Hungerford was in companytrol of Turner Morrison upto February 25, 1964, when the injunction in regard to voting rights was granted. As the receiver had the shares in his possession, there was numberpoint in the objection raised by Mundhra that the appellant was number in a position to deliver the shares. The stay was refused but the appeal was partly allowed on September 2, 1968, by setting aside the direction given to the receiver to tender the shares to Mundhra as also the direction that the lien of Turner Morrison would shift to the purchase money to be paid by Mundhra. On January 13, 1965, Turner Morrisons solicitors wrote to M s. Sanderson and Morgan that 707 shares, had become the property of Mundhra and, for the first time, also claimed that there was a lien on the shares. 86,60,000/ by Mundhra to the receiver with in the time specified, the Court directed that the companytract and the decree would stand rescinded and Hungerford absolved from all obligations under the said companytract and the decree. So, on April 19, 1961, Mundhra filed a suit. Turner Morrison made an ex parte application in the suit on July 8, 1966, for appointment of a receiver in respect of the 2,295 shares. A formal agreement dated October 30, 1956, was executed between Hungerford, John Geoffrey Turner and Nigel Frederic Turner on the one hand, and British India Corporation and Haridas Mundhra on the other, embodying the terms of the agreement. 86,60,000/ by Mundhra within the period to be fixed, the Court may order the rescission of the agreement and the decree. The receiver was also directed to pay the amount to the solicitors of Hungerford. Turner Morrison wrote a letter on January ll, 1965 to K. N. Srivastava, Income Tax Officer, if the 707 shares scripts companyld be delivered to Hungerford and if the Income Tax Officer had any objection to such delivery. By a Masters summons dated August 30, 1965, Hungerford made an application praying that Mundhra may be directed to implement the decree by paying Rs. 47,96,250.16 as interest, in respect of payment made by Turner Morrison to Income Tax authorities on behalf of Hungerford under section 23 a of the Indian Income Tax Act, 1922. and 707 shares from the Police. 148 of 1969 before a Division Bench of the Court and Mundhra filed a cross objection. 2005 of 1965 be appointed as receiver in the suit for specific performance in respect of the said 2,295 shares, that the receiver be directed to tender, on a day certain, the said shares to Mundra, and Mundhra be directed to pay the sum of Rs. The learned judge then found that Mundhra was number keen in paying the purchase money and getting transfer of the 51 per cent shares for the reason that the injunction granted by the Court in the decree in suit No. 600 of 1961 be rescinded, that the injunction granted by the decree in the suit be vacated unless Mundhra the 1st respondent here deposits Rs. On July 13, 1966, Sen J. passed an order companyfirming the order of appointment of the receiver and directing that the receiver will be at liberty to deliver the 51 per cent of shares to Mundhra on payment of Rs. The District Judge ordered the attachment and directed that the 51 per cent shares be produced in the High Court of Calcutta for delivery to Mundhra against payment of companysideration mentioned in the specific performance decree. The decree in suit No. Bank Hoffman executed the decree in the Court of District Judge, Delhi, and got the 51 per cent shares of Hungerford attached. Hungerford preferred an appeal against the said order Appeal No. in the Court or with the receiver in suit No. 86,60,000/ . 86,60,000/. 600 of 1961, the Certificate Officer, 24 Parganas had attached that decree, as Mundhra failed to satisfy six certificates then pending against him. 86,60,000/ to the receiver on that day and to declare that if Mundhra failed to pay the amount to the receiver on or before ,the day, the agreement dated October 30, 1956 and the decree dated February 25, 1964, would stand rescinded. The effect of these orders of attachment was that the decree holder Mundhra was prohibited and restrained from alienating, transferring or charging his right, title and interest in the decree in suit No. In other words, the receiver had the shares in his possession, and as there was an order by the Court directing the receiver to deliver possession of the shares on payment of the purchase money subject to the. 86,60,000/ to the receiver within a fortnight from the date of the order and the receiver to hand over the 51 per cent of the shares to Mundhras solicitors if the amount was paid as directed. The appeal was dismissed on August 26, 1964, for the reason that it was withdrawn by the appellant, leaving Mundhra free to perform his part of the obligation under the decree. Officer, wrote a letter raising objection to the delivery of 707 .shares to Hungerford although the Income Tax Department had numberclaim on these shares. Hungerford, along with some other defendants, filed an appeal from the decree on March 18, 1964 Appeal No. 2005 of 1965, that the receiver appointed in suit No. 69 of 1964 filed against the decree for specific performance in suit No. In February, 1965, Bank Hoffman A.G. obtained a decree D from Queens Bench Division, London, for pound 657,345 17 9d.with interest at 41 per cent per annum from the date of decree against Romanigo Holdings S.A.H., a holding companypany of Hungerford and also against Hungerford. But the shares were number sold or transferred to him. The Court observed A businessman who files a suit for specific performance of a companytract to buy sh ares and prosecutes that suit to a successful termination in his, favour, will number fritter away the benefit under the decree except for a higher or superior advantage and that advantage Mundhra got under the decree in suit No. The appellate Court found that if Mundhra was really inte rested in getting transfer of the shares by paying the money, he would number have allowed the opportunity to acquire the shares under the order dated July 13, 1966, to slip by, that Mundhra knew of the order of July 13, 1966, and also of the opportunity given to him by the order to get delivery of the shares on payment of the purchase money, but that he did number avail of the opportunity for the reason that, if without paying money, he companyld virtually enjoy the same advantage, it would be foolish from a businessmans point of view to invest any amount in purchasing the shares. The application of Hungerford for leave to appeal to this Court was also dismissed on November 25, 1968. The request for delivery of 707 shares was repeated by Sanderson and Margon on December 22, 1964. A claim was also made in the suit for possession and sale of the 2,295 shares in the exercise of their lien on those shares under Article 22 of the Articles of Association of the Company. The stay order passed by Ray J. on March 2, 1964, was vacated and liberty was given to the Certificate Officer or the Tax Recovery Officer, 24 Parganas to take such steps against Mundhra as he thought fit. 86,60,000/, the unpaid purchase money, within such time as the Court may direct, that Hungerford be directed to execute proper transfer deeds in respect of the 5 1 per cent shares within such time as the Court may direct and that in default of payment of Rs. The learned judge, therefore, appointed the receiver in suit No. The learned judge, after evaluating all the circumstances ultimately came to the companyclusion that Mundhra companymitted breach of the companytract which he was directed specifically to perform, that he created a situation which made it practically impossible for him to perform his part of the obligation under the decree land that the agreement dated October 30, 1956 and the decree dated February 25, 1964, for specific performance must be rescinded. On March 21, 1967, the application from which the present appeal arises, was made by Hungerford the appellant hero, be fore the High Court. 86,60,000/ in performance of his part of the obligation under the decree, if so required by the Court hearing appeal No. Mr. K. B. Bose was appointed receiver, and he took possession of 1,588 shares from the First National City Bank. It was prayed that the agreement dated October 30, 1956, and the decree dated February 25, 1964, passed in suit No. The learned judge overruled the objection of Mundhra that the application was number maintainable and held that it was maintainable under section 35 of the Specific Relief Act, 1877, numberwithstanding the repeal of that Act by the Specific Relief Act, 1963, as the appellant had, an accrued right under the section to make the application even before the repeal. 600 of 1961 . 600 of 1961. 600 of 1961 was also attached in execution of three other decrees, namely the decree obtained by Champaran Sugar Co. Ltd. and B British India Corporation Ltd. in suit No. The application was dismissed on September 28, 1965, by Justice Ray, holding that the application was one for execution of the decree in Suit No. 600 of 1961 and must be in a tabular form and that any imposition of time limit Would be to engraft something on the decree which does number exist in the decree. Ray, J. made an order dated March 2, 1964, staying the execution of the decree until cancellation of the numberice by the Certificate Officer or until the Certificate Officer or the debtor applied for execution of the decree. 69 of 1964 and obtained a stay of execution of the decree except in so far as it related to the injunction, until the disposal of the appeal. The decree, except as regards the injunction, was stayed by the trial judge, on the application of the appellant, for 3 weeks. 286 of 1965 . 286 of 1965. Calcutta Series, Vol. This is an appeal with certificate from a judgment of a Division Bench of the Calcutta High Court, setting aside the order of a single judge of the Court allowing an application filed by the appellant for rescission of an agreement for sale dated October 30, 1956, as also the decree dated February 25, 1964, for specific performance of the agreement and for other alternative reliefs specified in the application. On January 18, 1956 K. N. Srivastava, the Income Tax. 179 of 1960 of the Court of Civil Judge, Kanpur and those obtained by Kanpur Sugar Works Ltd. and British India Corporation Ltd. in suit No. K. Sen, Shanker Ghosh, D. N. Gupta, N. Khaitan, Krishna Sen and B. P. Singh, for respondent No. CI/72 Appeal from the judgment and, decree dated September 14, 1970 of the Calcutta High Court in Appeal No. Y. Gupte, S. B. Mukherjee, B. N. Garg, K. K. Jain, N. Sinha, Lina Seth, M. M. N. Pombra and H. K. Puri, for the appellant. 600 of 1961 or from obtaining satisfaction thereof. C. Dev, Somnath Chatterjee, M. Bose, S. Swarup and P. Bhartari, for respondent No. 2005 of 1965 in the Calcutta High Court claiming Rs.,
79,70,802 as principal and Rs. Vol. In default of payment of Rs. XV, p. 211. S. Khanduja, Promod Swarup and Lalita Kohli, for respon dents Nos. 59, p. 351. The appeal was dismissed on August 8, 1966. The Judgment of the Court was delivered by Mathew, J. 299 of 1961 of the High Court of Allahabad. Against the decision, the appellant filed appeal No. In Halsburys laws of England 1 the law is stated as under Ancillary relief may be obtained after judgment in an action for, specific performance where such further relief becomes necessary Either party may also obtain an order rescinding the companytract in default of companypletion within a fixed time. In pursuance to a Memorandum issued by the Certificate Officer. Gobind Das and B. D. Sharma, for respondent No. 178 of 1960 in the Court of Second Civil Judge, Kanpur and the Life Insurance Corporation of India in special. This application was allowed by Masood J. The prayers in the application were inartistically worded. CIVIL APPELLATE JUIUSDICTION Civil Appeal No. 1,000/each. 1031 Sup. 148 of 1969. 31 1944 Allahabad 66 at p. 77. 4 1930 M.L.J. I.L.R. 488 of 1971. A.I.R. Before the dismissal of appeal No. 46 lakhs. appeal No. 7 and 8. | 1 | train | 1972_109.txt |
When Dhan Singh raised an alarm, Bhagwan Swarup whipped out a knife and stabbed Dhan Singh in the neck. When Dhan Singh reached the grove of Jagdish Prasad Sharma, Bhagwan Swarup and Babu Lal dragged Dhan Singh into the grove with the object of robbing him of his new bicycle. Dhan Singh deceased was going ahead on a new bicycle. Kamlu P.W. On seeing these witnesses, the two accused picked up the old bicycle as well as the new bicycle of Dhan Singh and ran away Bhagwan Swarup riding the old bicycle and Babu Lal the new bicycle. On hearing the alarm raised by Dhan Singh, Ravindra Kumar P.W. They were taken along with the bicycle into the grove where Dhan Singh was lying with injuries, bleeding profusely. Immediately Roshan Lal and others reached there and after beating them arrested both Bhagwan Swarup and Babu Lal. 1 , Roshan Lal P.W. 2 and Kamlu P.W. 1 , Roshan Lai P.W. 3 who was companying with a bundle of pulas on his head from the opposite side obstructed Bhagwan Swarup and Babu Lal by throwing his bundle in their way. The prosecution story is supported by Ravindra Kumar P.W. 7 , who immediately went to the scene of occurrence and seized the knife which was lying near the body of Dhan Singh deceased. The High Court carefully analysed the evidence of Ravindra Kumar and Roshan Lal and they saw numberreason to disbelieve either of them. 2 and Gajendra Pal Singh, who were passing on the service road, rushed to the grove and saw the incident. Dr. D. N. Tewari, Medical Officer, who companyducted the post mortem examination on 26 12 1967 at 4.35 p.m. found one incised wound on the left side of the neck and one punctured wound below the aforesaid wound and one more punctured wound on the right side of the neck of the deceased. The last two wounds, according to him, may have been caused by one Mow. The report was recorded at the police station at 2 p.m. the same day and the investigation was undertaken by K. C. Tyagi P.W. They were chased by the aforesaid three witnesses shouting. In this case we gave special leave because in the petition filed by the appellant through jail it was alleged that his advocate was number heard in the case because he was busy in another case in another companyrt and arrived too late to argue the murder reference and the appeal before the High Court. M. Sikri, J. 3 . | 0 | train | 1970_184.txt |
Fifthly the companyviction rests mainly on the uncorroborated testimony of the injured. Secondly, the gun shot injury was on the back of the victim and in his deposition he did number say that immediately after the receipt of the injury he turned back and seen his assailant. There are several circumstances which throw a doubt with regard to the appellant being the author of the gun shot injury received by the injured, Sansar Singh. No explanation of these delays is companying forth. Of companyrse, the companyrts below have imagined this explanation, which the injured himself had number chosen to put forth. The third circumstance which enhances the suspicion about the identity of the assailant that the victims statement was recorded by the police under the CrPC 17 days after the occurrence and 5 days after his discharge from the Hospital. Firstly, the first information report was lodged after a delay of three days, although it was admitted, that the injured person was companyscious throughout after the receipt of the injury. His father PW 1 who had lodged the report came after the incident and was number an eye witness of the incident. PWs 3 and 4 who were cited as eye witnesses in the F.I. R., did number support the prosecution case at the trial, Sixthly, there was past enmity between PW 1 and his son PW 2 on one side and the appellant and his brothers on the other. The fourth circumstance is that an attempt was made by the prosecution to rope in the other 2 brothers of the appellant who have been acquitted by the High Court. S. Sarkaria, J. Leave granted. | 1 | train | 1980_37.txt |
The income from that source was assessed to tax all along as income from business. Can the view expressed by an internal audit party of the Income Tax Department on a point of law be regarded as information for the purpose of initiating proceedings under section 147 b of the Income Tax Act, 1961 ? The Income Tax Officer treated the companytents of the report as information in his possession for the purpose of s. 147 b of the Income Tax Act. Income Tax Reference under section 257 of Income Tax Act 1961 made by T T. Appellate Tribunal Delhi Bench C in A. Nos. The Income Tax Department includes an internal audit organisation whose function it is to examine income tax records and check mistakes made therein with a view ultimately to improve the quality of assessments. 1961, and reassessed the income on that basis. In the companyrse of auditing the income tax records pertaining to the assessee for the assessment years 1960 61 to 1963 64, the internal audit party expressed the view that the money realised by the assessee on account of the occupation of its companyference hall and rooms should number have been assessed as income from business. It said that an assessment should have been made under the head Income from property. The Gujarat High Court in Kasturbhai Lalbhai v. K. Malhotra, Income tax Officer, Group Circle 11 1 , Ahmedabad had held that an internal audit report companyld number be regarded as information, while the Delhi High Court in Commissioner of Income tax v. H. H. Smt. The assessee applied for a reference, and having regard to the difference between the High Courts on the point, the Tribunal has companysidered it expedient to refer the following question of law directly to this Court Whether, on the facts and in the circumstances of the case, the Income tax officer was legally justified in reopening the assessments under section 147 b for the years 1960 61, 1961 62, 1962 63 and 1963 64 on the basis of the view expressed by the Internal Audit party and received by him subsequent to the original assessment ? opinion on the question has been divided among the High Courts, and accordingly the present cases have been referred by the Income tax Appellate Tribunal under s. 257 of the Act. It was so assessed for the years 1960 61, 1961 62, 1962 63 and 1963 64 also. Chand Kanwarji Alwar has expressed a companytrary view. CIVIL APPELLATE JURISDICTION Tax Reference Case Nos. The assessee owns a building in which a companyference hall and rooms are let out on rent lo its members as well as to outsiders. A. Ramachandran and Miss A. Subhashini for the respondent. 6992,19629 19631 of 1967 68 . The assessee, Messrs. Indian and Eastern Newspaper Society, is a society registered under the Indian Companies Act. It is a professional association of newspapers established with the principal object of promoting the welfare and interest of all newspapers. 491 to 494 of 1971 72 I.T.A. S. Desai, Mrs. A. M. Verma, A. N. Haskar an 3 J. Dadachanji for the appellant. Having regard to the dimensions of the companytroversy and the importance of the question, we have been persuaded to take a fresh look at the point. B. Dadachanji for the Intervener. Dr. Devi Pal, Ravinder Narain and J. The Judgement of the Court was delivered by PATHAK, J. NOS. Certain other services are also provided to the members. 1 to 4 of 1973. | 1 | train | 1979_272.txt |
This is an application under Article 32 of the Constitution filed by the Tamil Nadu Cauvery Neerppasana Vilaiporulgal Vivasayigal Nala Urimal Padhugappu Sangam which is said to be a society registered under the Tamil Nadu Societies Registration Act asking this Court for direction to the Union of India, respondent No. Poti, K. Parasaran, S.S. Javalai, and F.S. To the petition States of Karnataka, Tamil Nadu and Kerala and the Union Territory of Pondicherry have been added as re spondents 2 to 5 respectively. 1, to refer the dispute relating to the water utilisation of the Cauvery river and equitable distribution thereof in terms of section 4 of the Inter State Water Disputes Act, 1956, and for a mandamus to the State of Karnataka number to proceed with the companystruction of dams, projects and reservoirs across the said river and or on any of its tributaries within the State and to restore supply of water to the State of Tamil Nadu as envisaged in the agreements dated 18th of February, 1924. K. Venugopal, C.S. Vaidyanathan and K.V. Viswana than for the Petitioner. 13347 of 1983. Kunhikanan, V. Krishnamurthy, K. Ramkumar and R. Karuppan, in person the Respondents. Nariman, B.V. Acharya, Advocate General, P.R. Ramasesh, Ms. A. Subhashini, T.T. K. Goswami,Additional Solicitor General, P.S. Under Article 32 of the Constitution of India . The Judgment of the Court was delivered by RANGANATH MISRA, J. ORIGINAL JURISDICTION Writ Petition No. | 1 | train | 1990_208.txt |
As the plot Nos. 6 a sale deed was executed by the companyperative society in favour petitioner for plot No. However, treating the said plot to be 66 instead of plot No. Another dispute arose between the respondent and the companyperative society in relation to award of a plot in her favour. 66 and execution of sale deed in her favour. The arbitrator directed allotment of plot No. If in execution of the said award a sale deed in respect of plot No. The dispute between the parties relates to plot No. In the award made in favour of the respondent, it was directed that any of the 3 plots namely, plot Nos. 91 and 15 were number available having been allotted to other members of the companyperative society, the respondent filed an execution application for allotment of the said plot No. 66, 91 or 15 may be allotted in her favour. As a dispute arose between petitioner and a companyperative society, the same was referred to arbitration. 6 was only directed to be allotted in favour of the petitioner. 6 in his favour. In the year 1981 an award was passed in favour of the petitioner. 66, admeasuring 45 ft.
x 80 ft.
total area 3600 sq.ft situated at Jawahar Nagar Extension Colony, Mauja Bhadeni Pargana Dehat, City Varanasi. 66, the execution petition filed at the instance of the respondent was maintainable. Petitioner sought to rely upon the docrtine of lis pendens to companytend that the said execution application was number maintainable. In relation thereto, an objection filed by the petitioner herein has been dismissed. The revision petition filed thereagainst has also been dismissed. ORDER Leave granted. | 0 | train | 2007_750.txt |
He had caused grievous hurt to Ahmed Hussain respondent No. Learned companynsel for the appellant submits that number there is a companypromise between the appellant and respondent No.2 and that companypromise has been brought about by the persons residing in the Mohalla and near relatives. He submits that in the interest of maintaining good relations between the parties, it is desirable that this Court grants permission to companypound the said offences. The appellant was companyvicted under Sections 323 and 325 P.C. NANAVATI, J. His companyviction was companyfirmed by the first appellate companyrt and the Revision Petition filed by him was dismissed by the High Court. Leave granted. | 1 | train | 1998_293.txt |
Admittedly, the petitioner had claimed reimbursement of medical expenses spent in private hospital for heart disease. This special leave petition has been filed against the order of the High Court of Punjab Haryana made on 29.5.1996 in C.M.No.933/96 in LPA No.60/96. The High Court in LPA directed payment of the amount but disallowed interest at 12 as claimed by the petitioner. Ultimately, the amount came to be disbursed on August 28, 1991 but there was delay in Payment thereof. The petitioner filed the writ petition. It is companytended by the learned companynsel for the petitioner that in several cases, the Division Bench had directed payment of interest, but in this case, they have departed from the above principle. He filed a review petition and the same came to be dismissed. Thus this special leave petition. | 0 | train | 1996_1302.txt |
The brief facts are that the plaintiff and the defendant were known to each other and due to such acquaintance, the plaintiff had taken money from the defendant as and when such financial assistance was required. The respondent plaintiff agreed if the amount is number repaid on Velamavasya the deed will be companysidered as sale deed. The plaintiff, therefore, filed the suit as stated above. The appellant herein was the plaintiff in Regular Civil Suit No.237 of 1980 filed before the Civil Judge, Junior Division at Ahmedpur. For the purpose of companyvenience and clarity the parties will be referred to in the same rank as assigned to them in the Civil Suit namely, the appellant herein would be referred to as the defendant, while the respondent herein would be referred to as the plaintiff. The defendant got replied the said numberice on 23rd September, 1980 and disputed the claim put forth by the plaintiff. At a stage when the plaintiff received a sum of Rs.5,000/ , the same was companystrued as the companysideration for the land owned by the plaintiff bearing Survey No.2/A measuring 6 acres 2 guntas and the defendant already being put in possession of the said property, a registered sale deed dated 10 th December, 1968 was executed in favour of the defendant. The appellant herein who was the defendant in the suit is, therefore, before this Court in the present appeal. Another agreement was entered into on 29th August, 1969 between the parties under which the respondent plaintiff agreed that he has taken Rs.5,000/ from the appellant defendant and the possession of the land was given. The defendant entered appearance and filed the written statement disputing the claim. The appellant herein, namely the defendant in the said suit claiming to be aggrieved by the said judgment was before the lower appellate companyrt i.e. A separate agreement dated 10th December, 1968 was also entered into between the parties whereby the plaintiff had agreed to repay the said amount and secure reconveyance of the property. The suit in question was filed seeking a judgment and decree for redemption of mortgage and recovery of the possession of the suit scheduled land. The plaintiff respondent herein therefore filed the Second Appeal before the High Court of Judicature at Bombay, bearing S.A.No.479 of 1991. Accordingly, the suit filed by the respondent herein was dismissed. The trial companyrt though had framed several issues, the entire companysideration rested on the companystruction of the sale deed dated 10th December, 1968 and the companytemporaneous documents, so as to companysider whether the same amounts to a mortgage by companyditional sale in the nature of companytention put forth, or as to whether it is a sale transaction. The High Court on answering the substantial question of law in favour of the respondent herein had allowed the appeal and companysequently decreed the suit. the Additional District Judge at Latur in Regular Civil Appeal No.233 of 1984. The Lower Appellate Court on reappreciation of the evidence on record and companysideration of the legal position has through its judgment dated 29th June, 1990 allowed the appeal and set aside the judgment and decree of the Civil Court. S. Bopanna,J. | 1 | train | 2019_1219.txt |
has been allotted to Institute of Nano Science and Technology INST under the Ministry of Science and Technology, Govt. An area measuring 35 acres has been allotted to National Agro Bio Technology Institute NABI under the Department of Science Technology, Govt. of Punjab an area measuring 15 acres has been set apart allotted, while a large area measuring 83.89 acres has been earmarked allotted to Bio Technology Park under the Department of Science Technology, Govt. For Bio Processing Unit under the Department of Science Technology, Govt. Similarly an area measuring 35 acres approx. While 417.39 acres of land was acquired in sector 81, an area of 688.89 acres of land was acquired in sectors 88 and 89. of Punjab. 9060 of 2005. 9060 of 2005 and CWP No. It also upheld the companystitutional validity of the provisions of the Punjab New Capital Periphery Control Act, 1952 and Section 23 1 of the Land Acquisition Act. Similarly an area measuring 70 acres has been allotted to Indian School of Business under the Department of Higher Education, Govt. The writ petitions also assailed the companystitutional validity of Punjab New Capital Periphery Control Act, 1952. Acquisition proceedings for development of sectors 81, 88 and 89 which companyprised the third phase of the development were then initiated by the Collector, Land Acquisition, Mohali. The affidavits filed by the respondents state that an area measuring 160 acres approx. Constitutional validity of Section 23 1 of the Land Acquisition Act, 1894 and Punjab New Capital Periphery Control Act, 1952 was also assailed by them on several grounds which failed to find favour with the High Court who upheld number only the companystitutional validity of the impugned enactments but also the numberification issued under the Land Acquisition Act. Nos.9060 of 2005 and 9083 of 2005 filed by the appellants have been dismissed. The petitioners had in those petitions challenged the validity of a Notification dated 23.1.2004 issued under Section 4 of the Land Acquisition Act and a declaration dated 18.1.2005 issued under Section 6 thereof. has been allotted earmarked in favour of Indian Institute of Science, Education and Research IISER under the Ministry of Human Resources Development, Government of India, New Delhi. 9083 of 2005 in the High Court challenging the preliminary Notification and the declaration issued under Sections 4 and 6 of the Land Acquisition Act, apart from challenging the vires of Section 23 1 thereof. A declaration under Section 6 in relation to the said extent of land was also issued on 18.1.2005. Aggrieved by the acquisition proceedings the appellants filed writ petitions No. of India, New Delhi. The government was of the view that legal impediments in the acquisition of a small percentage of the total area companyld number be allowed to adversely affect the entire plan which was meant to meet the urgent housing requirements of the people of Punjab. The exemption numberification referred to above was challenged by the aggrieved owners in CWP No.29 of 2004 Jasmer Singh v. State of Punjab and Anr. Interim orders staying the acquisition proceedings were also issued by the High Court in the said petitions apart from orders by which dispossession of the petitioner owners was stayed. The appeals arise out of two separate orders both dated 26.9.2006 passed by the High Court of Punjab and Haryana whereby C.W.Ps. The companyrectness of the view taken by the High Court was challenged by the writ petitioners before this Court but unsuccessfully. By the lead judgment impugned in these appeals the High Court repelled the challenge mounted by the writ petitioners and declared that the numberifications under challenge did number suffer from any illegality whatsoever. The present appeals assail the companyrectness of the view taken by the High Court. which was dismissed by a Division Bench of the High Court on 26th September, 2007. S. THAKUR, J. These two appeals by special leave raise companymon questions of law and shall stand disposed of by this companymon judgment. Hence the present appeals. Leave granted. | 0 | train | 2010_650.txt |
It was held that Kedar Prasad and Arjun Pandey had been rightly summoned. No charge sheet was submitted against Kedar Prasad and Arjun Pandey. Kedar Prasad also exhorted others to assult Dwarka Paswan. The motive for the assault was stated to be that Lachho Paswan and Dwarka Paswan had voted against Kedar Prasad in the election to the office of Mukhia. J 4 which was the subject of inquiry against Shri Hasibur Rahman was asunder Shri Kedar Prasad Sinha and Shri Arjun Pandey were facing prosecution along with nine others in a serious case of rioting with murder which was pending before the Munsif Magistrate, Jamui. Arjun Pandey thrust Saif in the chest of Dwarka Paswan, as a result of which he died on the spot. During the companyrse of companymitment proceedings, the companymitting magistrate ordered that Kedar Prasad and Arjun Pandey be summoned for May 15, 1966 as accused. On January 2, 1966 a report was lodged with the police by Lachho Paswan that when he and his brother Dwarka Paswan were going to Jamui market, Kedar Prasad respondent abused them. One of the persons against whom inquiry was ordered was Shri Hasibur Rahman who had held the office of Minister during the period from March 16, 1967 to January 28, 1968. Shri Hasibur Rahman, however ignored the advice of the District Magistrate as welt as of the Law Secretary and ordered on 10th September, 1967 that the case should be withdrawn. Thereupon Shri Hasibur Rahman directed that a revision should be filed in the High Court against the refusal of the trial companyrt to allow withdrawal of the case. J 4 relating to the withdrawal of case regarding Kedar Prasad Sinha was published in the issue of Searchlight dated March 14, 1968. Kedar Prasad and Arjun Pandey filed revision petitions against the order of the companymitting magistrate, but the same was dismissed by the Additional Sessions Judge, Monghyr is per order dated May 5, 1967. Application dated March 25, 1968 was thereafter filed by Kedar Prasad and Arjun Pandey for initiating companytempt of companyrt proceedings against 25 persons, including the State of Bihar, the Chief, Minister and Ministers of Bihar, the Chief Secretary of the Bihar Government as well as Shri Subhash Chandra Sarkar, Editor and Shri Awadesh Kumar Tiwari, printer and publisher of the Searchlight. An assault was then made upon Dwarka Paswan and he was surrounded. After the dismissal of the revision petition, an application was filed by the Assistant District Prosecutor on September 18, 1967 in the Court of the learned magistrate for withdrawal of the case against Kedar Prasad and Arjun Pandey oil the ground that it was inexpedient for State and public policy to prosecute them. Shri Hasibur RaHman thus by misuse of his official position and power unnecessarily interfered with the administration of justice in a serious case of rioting with murder. A petition for withdrawal. Even before the District Magistrates letter was diaries in the Law Department, Shri Hasibur Rahman called for the file directly from the dealing assistant and ordered that a telegram should be sent to the District Magistrate to take further adjournment for a fortnight. On 17th August, 1967, the District Magistrate sent his report opposing withdrawal cf. Thereupon on 6th June, 1967 they presented an application direct to the then Minister for Law, Shri Hasibur Rahman, who directed that the Law Secretary should examine the matter and report and in the meanwhile the District Magistrate was requested to take two months adjournment of the case and also send the case diary with his report. The said numberification along with the schedule of allegations was published in the Searchlight of Patna in issues dated March 13, March 14 and March 15 of 1968. 30 of 1968. The same day the appellant, who was one of the ministers of Bihar, gave for publication to the press a companyy of the numberification, including the schedule of allegations. The numberification relating to the appointment of the Commission of Inquiry along with the schedule companytaining the different allegations was published in the Bihar Gazette Extraordinary dated March 12, 1968. It was urged that the publication of allegation No. editor as also the printer and publisher of the Searchlight too were found guilty because of the publication of the news item in the aforesaid paper. Basudev Prasad Sinha and B. P. Jha, for the Appellant. Allegation No. Both the revision petitions were admitted by the High Court on November 30, 1967. During the pendency of the above mentioned criminal revision petitions, the Governor of Bihar as per numberification dated March L864 SupCI/72 12, 1968 appointed a Commission of Inquiry companysisting of Shri T. L. Venkatarama Aiyer, retired judge of the Supreme Court, under section 3 of the Commissions of Inquiry Act, 1952 Act 60 of 1952 to inquire into a number of charges against 14 persons who had earlier held the offices of Chief Minister and ministers in the State of Bihar. The allegations which were the subject matter of the inquiry were set forth in the schedule annexed to the numberification. One of the revision petitions was filed by the State of Bihar and the other was filed by one Abani Kumar Mandal. Two revision petitions were filed against the above order dated October 6, 1967. After hearing the companynsel for the companyplainant and others, the companymitting magistrate dismissed the said application oil October 6, 1967. They filed a revision petition before the Additional Sessions Judge, Monghyr against their prosecution, which was dismissed. The matter was then examined thoroughly by the officers of the Law Department and in his numbere, dated 30th August, 1967, the Law Secretary recommended against withdrawal of the prosecution pointing out that there was a prima facie case and justice demanded that it Should be finished Out in Court. It was observed that the application for withdrawal of the prosecution amounted to an abuse and improper interference in the numbermal companyrse of justice. was accordingly filed on 18th September, 1967, but was rejected by the trial companyrt. The appellant was, however, found to be guilty of companytempt of companyrt because it was he who had handed over the offending matter to the press for publication in the newspaper. This is an appeal by special leave by Sammbhu Nath Jha who along with two others has been found by the Patna High Court to be guilty of companytempt of companyrt. J 4 related to a matter which was the subject matter of criminal revision petitions in the High Court and had the result of interfering with the companyrse of justice and prejudicing the mankind against the two in applicants. A revision was accordingly filed, which is still pending before the High Court. The learned judge who dealt with the application held that numbercase for companytempt of companyrt had been proved against 22 out of 25 persons. In view of the fact that the companytempt, in the opinion of the High Court, was of a technical nature, the companytemners were let off with a warning. Appeal by special leave from the judgment and order dated the 12th August, 1968 of the Patna High Court in Original Criminal Miscellaneous Petition No. the case. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. The Judgment of the Court was delivered by KhannaJ. The police on the basis of that report investigated the case and submitted a charge sheet for offences under sections 148 and 302 read with section 149 I.P.C. 3 in the application. 30 of 1969. against a number of persons. The appellant was impleaded as respondent No. | 1 | train | 1972_15.txt |
Appellants Kalli Bai and Guddi Bai also hurled stick blows on Narbadiya Bai. Narbadiya Bai P.W. for attempt to murder Narbadiya Bai and Amritlal. Munnilal and Baldev died on the spot. Munnibai was rescued from the well. Whereas Motilal brought a cane of kerosene and sprinkled kerosene on Munnibai Santosh put her on fire. Appellants inflicted axe blows on Baldev and Hariram gave a blow of Baka on Baldev. The learned trial Judge imposed death sentence upon Santosh and Motilal on the charge of murder of Munnilal and Baldev as also Munnibai. When Amritlal, husband of Munnibai tried to save her, Santosh dealt an axe blow on him which Amritlal took on his hand. Appellants Kali and Guddi Bai are said to have given stick blows on Baldev. Appellant Lachhu snatched the axe from Santosh Kumar and dealt a blow on the head of deceased Munnilal. Prosecution case further is that the appellants together with Lachhu, Hariram, Kalli Bai and Guddi caught hold of Munnibai and dragged her to the door of their house. Munnilal came to the house of Motilal and companyplained in regard to the companyduct of Pushpendra. Narbadiya Bai tried to save him, but allegedly one Jamuna Bai inflicted a blow on her by means of an iron pipe. Nitin went to his house and informed his father Munnilal. Motilal, Santosh and Hariram allegedly told him that their children would act in that fashion only. She was pushed into a drain by Santosh. In regard to setting Munniabi on fire,again the High Court proceeded on the basis that Santosh had dragged Munnibai and Moti Lal poured kerosene on her. Charges under Section 302/149 I.P.C., Section 307 and Section 148 were framed against the accused including the appellants herein and others being Jamuna Bai, Guddi Bai, Lachhu, Hariram and Kalli Bai. The sequence of events started with defaecation by a child Nitin in the house of Motilal. Appellants herein allegedly started inflicting axe blows on Munnilal since deceased. Munnibai in the meantime rushed towards a nearby well and jumped there into. It was pointed out that Munnibai was number only dragged by the accused to their own house, a cane of kerosene was brought from inside the house and sprinkled on her body and fire was lit. Similarly, as regards the death of Baldev, Santosh and Moti Lal were found to be guilty. On 4.7.1999 at about 9.30 a.m. when Nitin son of deceased Munnilal was playing near a tap situated close to his house, Pushpendra son of Motilal put some mud on his clothes. Sita daughter of Amritlal reached the place of occurrence. On such finding, the High Court opined that only Moti Lal and Santosh were responsible for the death of Munni Lal. Meanwhile Baldev said to have reached at that point of time. B.SINHA.J Appellants Motilal and Santosh Kumar are before us aggrieved by and dissatisfied with the judgment of companyviction and sentence passed by a Division Bench of the Madhya Pradesh High Court dated 13.5.2004. Similar treatments were meted out to Devshree and other children. Amritlal, thereafter, ran away from the place of incident and informed the police. Their houses were divided only by a wall. for causing hurt to the children. 3 reached the spot and told them that they always picked up quarrels. All the accused persons were arrested at the spot. They were also sentenced under Section 307 of the I.P.C. Other accused were also charged and companyvicted under Section 324 I.P.C. They bore animosity with each other. In fact, the arrival of police saved further deterioration of the situation. Participation of other accused in his said act was number accepted. First information report was lodged at about 11 a.m. on the same day. Her dying declaration was recorded. She succumbed to her injuries later on. The parties were neighbours. | 0 | train | 2007_1324.txt |
1396 of 2013, Criminal Appeal NO s .1389/2013, 1388/2013, 1390/2013 SLP Crl. NO.6837/2013, Criminal Appeal NO.1382 of 2013, Criminal Appeal NO. Criminal Appeal NO s .1393 of 2013, Criminal Appeal NO s .1377/2013, 1383/2018, 1399/2013, 1405/2013, and SLP Crl. The parties are directed to appear before the trial companyrt for further proceedings on 21st May, 2018 or as per the scheduled date. The parties are directed to appear before the High Court on Monday, the 28th May, 2018. Criminal Appeal NO. Criminal Appeal NO.1394/2013 In view of judgment of this Court dated 28th March, 2018 in Asian Resurfacing of Road Agency P. Ltd. And Anr. 1384 of 2013 The appeal is dismissed as infructuous on the statement of learned companynsel for the appellant s .
The parties are directed to appear before the trial companyrt for further proceedings on 21st May, 2018 or as per the scheduled date. NO s .2939/2014, 2977/2014, 4709/2014, 6691 6692/2014, The appeals and the special leave petition are allowed to be withdrawn without prejudice to any companytention to be raised before the trial companyrt in accordance with law. We have heard learned companynsel for the parties and perused the record. | 0 | train | 2018_224.txt |
CIVIL APPEAL NO.5130 OF 2009 etc. 140/2005. Civil Appeal No.5130 of 2009 Heard learned companynsel for the parties. Hence, in our view, they can get seniority only from the year 2004 and number from 1988. The respondents herein were appointed on adhoc officiating post in the year 1988 for a fixed term which was companytinued. Admittedly, the respondents were appointed after a selection under the Regularization Rules in the year 2004. The respondents claimed benefit of their service from 1988 to 2004 for the purpose of seniority and this has been granted by the High Court. The facts have been set out in the impugned judgment and hence we are number repeating the same here except wherever necessary. This Appeal has been filed against the impugned judgment and order dated 06th March, 2006 passed by the High Court of Uttarakhand at Nainital in Writ Petition No. Hence, this appeal. | 1 | train | 2011_1036.txt |
for amendment of the plaint and also companysequential relief for possession of the suit lands and for damages trespassing into and carrying on mining operations on the suit lands and the same was allowed on 10.3.2004. Originally, the appellant plaintiff filed the suit for declaration of his exclusive right to do mining operation in the suit property. On 3.12.2003, the Commissioner inspected the suit lands and filed its report stating that the suit lands were in possession of respondent No.1 and mining operations were carried by it. The mining operations were carried over the said lands in the name and style as M s Ashwani Rajkumar Mining Trading Company by the father of the appellant. After the death of father, the appellant was carrying the mining operations. On 20.8.2002, the appellant filed Original Suit No.6 of 2002 in the Court of the Additional District Court, Vizianagaram seeking declaration of his exclusive right to do mining operation, to use and sell over the suit lands against respondent No.2 s infringement of such exclusive right of the appellant over the suit lands. 5.00 lacs in favour of the plaintiff for their mining operations without companysent of the plaintiff in the plaint schedule property. The suit lands were registered on 30.4.1948 under the Registered Document No. When the trial was about to close in the said suit, on 11.6.2003, an application under Order 1 Rule 10 CPC was filed by respondent No.1 herein to be added as defendant No.2 in the original suit on the ground that a deed has been executed in its favour by the State leasing the suit lands for mining operations. In 2001 2002, the appellant came to know that respondent No.2 State of Andhra Pradesh, was planning to lease out the said lands for mining operation to other companypanies. 732 of 1948 in Book I, Volume 346 at pages 147 to 151 in the office of the Registrar at Vizianagaram in favour of the father of the appellant companyveying, transferring and assigning all the rights including ownership, possession and interests of Vizianagaram Mining Co. Ltd., i.e., right to mining operations, use and sell the said lands. Mineral Development Corporation for mining purpose for twenty years. With the said information in the reply numberice about the mining being carried on by D 2, the plaintiff filed the said suit without impleading him for possession and damages. An application of ad interim injunction was also filed restraining respondent No.2 from ever leasing the suit land to strangers against the interest of the appellant over the said lands. 102 Industries and Commerce Department, dated 20.2.2001 issued Orders transferring the mining lease held by A.P. to the State through his companynsel asking the State number to give the suit property on lease to any other party and number to interfere with the rights and interest of the appellant over the suit lands. On 8.7.2002, the appellant came to know that respondent No.2 State has invited some companypanies to take the suit lands on lease against the rights and interest of the appellant. On 11.7.2003, the said application was allowed by the Additional District Judge and respondent No.1 herein was added as defendant No.2 in the original suit. The brief facts leading to the filing of this appeal are On 05.01.1948, the father of the appellant purchased the suit lands at Ayitham Valasa Village, Grividi Mandal, Vizianagaram, Andhra Pradesh along with some other properties for Rs.9,176/ at a public auction held under the liquidation proceedings in O.P. 30 of 1946 on the file of the District Court at Vizianagaram before the Official Liquidator at Vizagpatnam Visakhapatnam in the matter of the Indian Companies Act, 1913 and of the Vizianagaram Mining Co. Ltd. in liquidation and the Rajah Saheb and others as creditors in pursuance of the order dated 6.3.1946 passed by the High Court of Madras in O.P. In 1960, the appellant left Vizianagaram for Jagadalpur because of his other business work. 106 and 107 of Ayitham Valasa Village in favour of A.P. Thereafter on 14.10.2003, an application was moved on behalf of respondent No.1 for appointment of a local Commissioner to numbere the physical features of the suit lands and to file his report. The other relevant fact to be numbered is the plea taken in the written statement filed by D 1 wherein, it is specifically stated that the suit schedule lands are classified as poramboke lands in survey and settlement operations and that the Government issued G.O. 459 Industries and Commerce Department, dated 28.11.1998 leasing out an extent of 18.35 hectares of land companyered under Survey Nos. Mineral Development Corporation in favour of M s Sarwagi and Co. Pvt. The perusal of the reply numberice issued by D 2 to the plaintiff, which has been extracted by the High Court in the impugned order, clearly shows that the plaintiff was made known that the suit lands were in possession of D 2 having taken them on lease from the Government. Sarwagi and Company as second defendant first respondent herein after closing of the evidence and during the companyrse of argument, the plaintiff filed an application under Order VI Rule 17 read with 151 CPC for amendment of the plaint praying for possession over the plaint schedule mentioned property from the defendants and for grant of damages of Rs. We have already stated that originally the suit was filed against the sole defendant and subsequently the second defendant came on record as per the order dated 11.07.2003. Ltd. for the unexpired period of lease, i.e. 1738 of 2004 whereby the High Court allowed the revision filed by respondent No.1 herein. The said application was allowed by order dated 23.10.2003 and a local Commissioner was appointed. In December, 2003 itself, the appellant herein moved an application under Order VI Rule 17 C.P.C. Against the said order, respondent No.1 approached the High Court by way of revision petition. By order dated 17.8.2004, the High Court allowed the said revision petition. In 1958, the father of the appellant expired. On 22.3.2002, the appellant issued a numberice under Section 80 C.P.C. Though the learned Additional District Judge allowed the application for amendment on payment of companyt of Rs. upto 1.6.2019. Challenge in this appeal is the order dated 17.08.2004 of the High Court of Andhra Pradesh at Hyderabad in Civil Revision Petition No. 300/ the High Court in a civil revision filed under Article 227 of the Constitution of India set aside the same and dismissed the application for amendment which is the subject matter in this appeal. It is further averred that the Government in O. Ms. No. Aggrieved by the said order, the above appeal has been filed by way of special leave. However, after impleadment of M s S.K. Sathasivam, J. Ms. No. 25 of 1946. Leave granted. No. | 0 | train | 2008_803.txt |
446,447 and 448 of 1983. Shorawala, R.C. Raja Ram Agrawal, R.D.U. Leave granted in S.L.Ps. Chakraborty, Vijay Hansaria, Suresh Gupta, Puneet Tyagi, Mrs. Santosh Singh, P.S. In Commissioner of Sales Tax, U.P.v. Hanuman Trading Co. 1979 Vol. 4560 62 of 1990 etc. Jha, Dr. Maya Rao, Ms. Abha Jain, Mrs Rani Chhabra, M.P. This decision was rendered on October 6,1978. Verma and Sarva Mitter for the Respondents. Upadhyay, P.K. Chauhan, R.B. Misra and Vishwajit Singh for the Appellants. 1809 of 1982 is preferred against the same. V. Sehgal, B.S. From the Judgment and Order dated 8.10.1984 of the Allahabad High Court in Sales Tax Revision Nos. Following the said decision a large number of cases were disposed of by the Allahabad High Court which have given rise to the other Civil Appeals and the S.L.Ps. The Judgment of the Court was delivered by P. JEEVAN REDDY, J. CIVIL APPELLATE JURISDICTION Civil Appeal Nos. A companymon question arises in this batch of Appeals and Special Leave Petitions. | 0 | train | 1992_330.txt |
22/E, Lower Range, Calcutta 17 which was standing in the name of Sudha Rani Sen Sarma, wife of the first respondent. 22/E, Lower Range, Calcutta 17 which was in the occupation of tenants, the appellants herein and another person by name Ahmed Hussain Molla. 20A, Lower Range. Sudha Rani died on September 27, 1977 and on the tenants number vacating the premises in question, the first respondent alongwith his son and five daughters who were the heirs of Sudha Rani alongwith the first respondent filed on November 24, 1977 four petitions before the Rent Controller at Calcutta in R.C. The appellants in each of these cases and the said Ahmed Hussain Molla were occupying under separate leases different portions of the building bearing No. He was working as a Sub Inspector of Police, Calcutta in the year, 1977 and was residing in a Government building being flat No. The Deputy Commissioner of Police, Headquarters, Calcutta issued a numberice to him to vacate the above mentioned flat forthwith as he owned a residential building in the name of his wife bearing No. The first respondent in each of these appeals is Deb Kumar Sen Sarma. The appellants resisted the petitioners inter alia on the following grounds a that the building in question did number belong to the first respondent and hence the proceedings were number maintainable b that the numberice under Section 13 6 of the Act having been issued in the name of Sudha Rani, there was numbervalid termination of the tenancy c that the respondent other than the first respondent who were companyharers and who were number Government servants companyld number avail themselves of the special procedure prescribed under Section 2913 of the Act d that the petitions filed before the Rent Controller did number companytain necessary allegations and e that in any event as the first respondent herein had retired from Government service during the pendency of the petitions, numberrelief companyld be granted to him under Section 29B. Aggrieved by the order of the Rent Controller the appellants filed three revision petitions before the Calcutta High Court which as stated above were dismissed by a companymon judgment dated August 27, 1980. The appellants in two of the above appeals also companytended that the portions of the building in their possession were being used for number residential purposes and therefore Section 29B was number applicable to them. 260 262 arising under the West Bengal Premises Tenancy Act, 1956 hereinafter referred to as the Act. These three appeals by special leave are directed against a companymon judgment and order dated August 27, 1980 of the Calcutta High Court in three Civil Rules Nos. 8, on the third floor of premises No. S. Venkataramiah, J. Cases Nos. These appeals are preferred against the said judgment. | 0 | train | 1981_267.txt |
P. Sen, J. Special leave granted. | 0 | train | 1988_331.txt |
mohan rama had number seen the bus mounting the footpath. mohan rama p.w. bus knumberked him down unconscious. the bus however went on to the southern footpath and dashed against the electric pole with such a force that it was uprooted. the front portion of the bus and the wind screen were damaged with splinters on the footpath. according to him the front left wheel of the bus was on the footpath and the front right wheel was touching its kerb. 2 mohan rama p.w. the bus then took a turn to its left mounting the footpath and causing the accident in question. according to him the left front portion of the bus struck him. of the bus in question before the accused first saw him. 2 merely says that while he and mohan rama p.w. as sworn by p.w. dhondibai babu p.w. the witness on seeing the bhaiya shouted to him to stop but the bhaiya continued running. student appeared as d.w.
he claims to have seen the bus and the bhaiya immediately prior to the actual accident. 4 has stated that he was walking along the southern footpath east to west at about 4 p.m. when suddenly a b.e.s.t. the bhaiya was crossing the road running. the statement made by p.w. quite obviously the evidence of these two witnesses does number throw any helpful light on the precise circumstances in which the bus happened to mount the footpath. even after the accused had realised the danger be companyld have according to the learned chief justice avoided climbing on to the footpath and injuring the pedestrians there after knumberking down the electric pole had it number been for the speed of the bus which prevented him from companytrolling the vehicle. the statement of kisan appa kasbe p.w. motor bus bearing number bhq 1019 along the southern side of tilak road from east to west. if he became unconscious it is doubtful if he companyld reliably state that the left front portion of the bus had struck mm. those injured persons were taken to the hospital in a single decker bus. 3 were walking along the southern footpath of tilak road from east to west at 4.30 p.m. suddenly he was thrown down fracturing his left hand and rendering him un conscious. 3 and bhondibai babu p.w. mohan rama then took shriman who was unconscious to the hospital where he was admitted as an indoor patient. the electric pole was number uprooted but was cut at the base. he only saw the electric pole falling on the deceased. of the four injured persons mentioned by p.w. 5 three have appeared in companyrt namely shriman yadav p.w. mohan rama was however treated and allowed to go home. the learned presidency magistrate who tried and convicted the appellant and the high companyrt which heard and dismissed his appeal have both held the appellant guilty almost exclusively on the nature of the accident and on the appellants inability to stop the bus on seeing the bhaiya who was attempting to cross the road. both these companyrts disbelieved d.w.
they passed strictures against him in very strong language and cast aspersions even on his knumberledge of law. the companydemnation of d.w.
1 g. joshi by the companyrts below in strong language is also unjustified and unfair to the witness companytended the counsel. quite plainly that statement companyld number be the i.r. he saw four injured persons. he was companytacted by the police at 8.30 p.m. on the same day at his residence where his statement was recorded. 5 at 8.30 p.m. at his residence would accordingly fall under s. 161 cr. c. and companyld only be utilised as provided by s. 162 cr. this statement has been described by m. s. patil s.i. shri pardiwala companyplained that the trial court had misread the prosecution evidence and the high court was influenced by a number of assumptions which cannumber be sustained on the material on the record some of those assumptions being even companytradictory and this has resulted in grave miscarriage of justice. stress was also laid by the appellants learned counsel on the opinion of the high companyrt emphasising the utterly perfunctory character of the investigation and the false statements made by s. 1. 273 and 338 i.p.c. c. for companytradicting him. number did he care to get the vehicle examined by a mechanic for the purpose of ascertaining if its mechanism was in order and particularly if its brakes were working properly. for the simple reason that investigation had admittedly started on receipt of information at 4.40p.m. his skull was also broken and brain matter was visible. a. number 209 of 1969.
appeal by special leave from the judgment and order dated august 14 1969 of the bombay high companyrt in criminal appeal number 552 of 1968.
r. pardivala d. n. mishra and j. b. dadachanji for the appellant. it may be pointed out that the accused was also charged under ss. k. dholakia and b. d. sharma for the respondent. on this reasoning finding the accused guilty the trial court companyvicted and sentenced him as already numbericed. civil appellate jurisdiction cr. the judgment of the companyrt was delivered by dua j. this is an appeal by special leave under art. 6 as first information report. he has number said anything more. 6 the investigating officer. he has said numberhing more. | 1 | test | 1972_379.txt |
P.W. The intimation about the missing of Rasitha Begum was sent to P.W. Mumtaz P.W. The evidence of P.W. It is the evidence of P.W. Balakrishnan P.W. He along with P.W. She along with P.W. 1, P.W. 1 was residing with his wife Rasitha Begum, sisters Amsath Hamsath Begum, Sabeetha Begum W. 4 , Faritha Begum P.W. 5 Faritha Begum is residing nearby the house of P.W. On 10.04.1995, P.W. 4, P.W. P 1 was written by him in the house of P.W. On the southern side of the house of P.W. Thereafter, P.W. Dr. Seenivasan P.W. 1 that Rasitha Begum was number found present in her house. P 1 was got scribed by him from P.W. On 29.03.1995 at about 930 a.m., P.W. On 28.03.1995 at about 945 p.m., P.W. 3 also disclosed that on 29th morning when she along with Faritha Begum P.W. 17 Sub Inspector and P.W. On the morning of 29.03.1995, she numbericed dead body of Rasitha Begum in the house of A 2 and A 3. P 7 from there in the presence of Saminathan P.W. P 16 and recorded the statements of P.W. 4 went to the lorry shed where P.W. This witness admitted that the death of Rasitha Begum was discussed in Jammat meeting. It is the case of the prosecution that the family members of P.W. In cross examination, she admitted that P.W. 4 stated to have informed her brother P.W. Faritha, Fathima Bibi and some more persons informed P.W. 1 is working and informed the latter that since morning hours of 28.03.1995 Rasitha Begum was missing from the house. 1, whereas it was the specific case of P.W. P 1, on the basis of which Sub Inspector Murugan P.W. On the same day, he sent the dead body of Rasitha Begum to the Government Hospital, Karaikudi, with requisition Ex. Later on, Amsath, the second sister of P.W. 2 on 29.03.1995 companyducted the post mortem on the dead body of Rasitha Begum and as per Post Mortem Report Ex. 3 Mumtaz would show that the family members of P.W. Briefly stated, the case of the prosecution is as under Siddiq P.W. P 3 and other documents, charge sheet was laid by P.W. 1 on one side and A 2 and A 3 on the other had been quarrelling frequently with each other over flow of drainage water and parking of auto rickshaw by A 3 in front of the house of P.W. 1 and her house is adjacent to the house of A 3. 5 and brother Aliyar in a rental house at Mehbobapalayam, Minachipuram, Karaikudi. 1 on one side and A 2 and A 3 on the other had been quarrelling frequently with each other upon trivial issues of flow of drainage water and parking of auto rickshaw by A 3 in front of the house of P.W. P 14 under Section 302, IPC in Karaikudi North Police Station. 18 arrested A 2 and A 3 near Karaikudi Water Tank. 1 went in search of Rasitha Begum to the shop of tailor master, Katinivaasal, New Road, and house of his in laws at Devakotai, but she companyld number be located at any place. 18 Inspector of Police in their testimony stated that A 1 being a member of Indian Communist Party, was involved in several demonstrations and agitations staged in Karaikudi area by the Communist Party against the administration. It is her evidence that on the morning of 29.03.1995, dead body of Rasitha Begum was found lying inside the house of A 2 and her both hands and legs were tied with ropes and one rice bag and other household materials were found placed upon her body. She stated that around 300 p.m., it came to the numberice of the family members of P.W. 5 , Fathima Beevi, and Rakhumat Biwi had peeped through the eastern side window of the house of A 2 and A 3, they companyld numberice Rasitha Begum lying on the floor of their house and her both legs and hands were tied. 1, told him that in the morning at about 930 a.m. her sister in law Rasitha Begum had gone to the shop of a tailor master to get her blouse from him and at that time she was wearing a new saree. 1. 1 at about 900 p.m. on 28.03.1995 about missing of her sister in law from their house. 18 then stated that RTO also held enquiry about the same incident in which one Ramachandran, a member of Indian Communist Party, Karaikudi, deposed against him. 1 that Ex. He admitted that in the year 1994 the Communist Party leaders and workers staged demonstrations and agitations against the administration for number arranging proper and timely supply of drinking water from Karaikudi to Tirupattur in which many party workers were assaulted by the police officials of Police Station, Karaikudi, where P.Ws. For the said incident, an inquiry was held by RTO against him and PW 18, who at the relevant time were Incharge of the Police Station and later on they were transferred from the Police Station, Karaikudi. P 14 was registered by PW 18. 1, Muthuraman A 3 , an auto driver, and his wife Tamilarasi A 2 are residing. 18 , Inspector of the Police Station, went to the spot of incident and prepared Mahazar Ex. 1 went to the Police Station and lodged companyplaint Ex. 18 against A 1, A 2 and A 3 for companymission of the alleged crime. 1 about the incident, who rushed to the place of occurrence and on seeing the dead body of his wife inside the house of A 2, he went to police station for reporting the incident of murder. Three accused Krishnan A 1, Tamilarasi A 2 and her husband Muthuraman A 3 were charged in Sessions Case No. P 2 for companyducting post mortem. P 1 by him, it was but natural for PW 1 to have disclosed the name of A 1 in the companyplaint as an assailant, on the basis of which FIR Ext. 18 that in the year 1994 all political parties had demonstrated against the civil administration for inadequate and improper supply of drinking water facility from Karaikudi to Tirupattur and in the said agitation, members of Indian Communist Party including A 1, had also participated in which one Kannan, a member of Congress Party, received beatings. She also stated that A 1 is running a workshop nearby her house. He then stated that a criminal case was also registered against him and PW 18 for the same incident, in which A 1 appeared as a witness and deposed against them. He also stated that during the said agitations and demonstrations, several cases were filed against some members of the Communist Party. 1, who was away from his house in companynection with his employment at the lorry shed. It is the admitted case of the parties that there is numberdirect evidence companynecting A 1, A 2 and A 3 in the companymission of the crime. 3 a neighbour, in regard to the reason of his wife missing from the house. The learned Judicial Magistrate, Karaikudi, companymitted the trial to the learned Sessions Judge, who framed the charges against A 1, A 2 under Section 302 read with Section 34 of the IPC and under Section 380, IPC, for removing 14 gms. 3 alleged to have told him that on 28.03.1995 at about 1030 a.m., she saw Rashita Begum and A 2 were quarrelling with each other, but she did number think it proper to intervene since it was practically their daily habits to enter into heated exchanges upon petty issues. P 15 in the presence of Panchayatraras. A 3 was tried under Section 414 of the IPC. P 4 and Death Investigation Report Ex. gold ornaments from the body of the deceased and A 3 was charged under Section 414, IPC. 1 is working as a Cleaner in Kalakai Vadivel Murugan Lorry. If the entire incident was narrated by PW 4 to her brother PW 1 before lodging a companyplaint Ext. 1 is her companysin. In the teeth of the evidence of PW 17 and PW 18, undoubtedly they are hostile witnesses deposing against A 1, who appears to have been framed later on in the crime by these witnesses mainly on suspicion and improbability. 145/95 Ex. On 18.05.1995, A 1 was taken to the Police custody from judicial custody. Her evidence would also reveal that at about 1000 a.m. on the day of incident of murder, the deceased and A 2 had heated exchanges over throwing of drainage water in front of the house of A 2 and it was on the intervention of A 3 that the matter was got settled. Thorax Ribs numbermal Lungs companygested Heart empty Neck Echymosis and companygested present in anterior aspect of neck Hyoid bone fracture, send for H.P.E. He admitted that a case was registered against him regarding handcuffing of Kannan and in the said case A 1 appeared as a witness and deposed against him. Specimen preserved stomach, intestine, liver, spleen, kidney, hyoid bone. She claimed to have seen A 1 in his Silver Workshop on the day of incident of murder. 41/1996 dated 30.08.1996 awarded by the learned Sessions Judge, Sivaganga. P 3, he numbericed the following injuries External Injuries Signs of decomposition present whole body edematous except limbs. 17 has admitted in cross examination that during strike staged by all political parties in 1994, some demonstrators received injuries at the hands of Police Force. Stomach companytains 50 ml of digested food particles Intestine distended with gas liver companygested spleen companygested kindly companygested bladder empty Uterus gravid 10 weeks size skull companytains in the left parietal region 6cm X 4 cm in size. 02 Ex. She admitted having joined the demonstration and procession on the leadership of Palani Baba. All the accused were acquitted of the charges under Sections 380 and 414 of the IPC. 6 on the way when he along with his brother Aliyar and brother in law Jagir Hussain was going to the Police Station to lodge the companyplaint. 17 registered Crime No. 41/1996 on the file of the Court of Principal Sessions Judge, Sivaganga. Teeth 8/8 Internal Injuries Abdomen distended with gas. After companypletion of the investigation and on receipt of the Post Mortem Report Ex. The prosecution examined as many as 18 witnesses in support of its case. No evidence fracture of skull. They also numbericed one rice bag and some household materials found placed upon her dead body. He took A 3 to Thirumurugan Amman Sannidi Jewellery Shop and recovered M.O.M. 4 came to his house at about 1100 p.m. and started enquiring the whereabouts of his wife in the neighbourhood, but he companyld number locate her. The learned trial Judge held A 1 and A 2 guilty under Section 302 read with Section 34 of the IPC and sentenced them to imprisonment for life. He prepared spot map Ex. 17 and 18 at the relevant time were posted. The learned Sessions Judge relied upon the evidence of P.Ws. No.5799 of 2007 Krishnan Appellant Versus State represented by Inspector of Police Respondent JUDGMENT Lokeshwar Singh Panta, J. 826/1996, companyfirming the companyviction and sentence for life in respect of the offence companymitted under Section 302 read with Section 34 of the Indian Penal Code for short the IPC in Sessions Case No. 5 and other material witnesses. 816/1996 whereas A 2 preferred Criminal Appeal No. However, numberdefence evidence has been led by them. A 1 challenged his companyviction and sentence before the High Court in Criminal Appeal No. The prosecution case entirely rests upon circumstantial evidence. Foul smelling discharge from the numbertril and mouth. In their statements recorded under Section 313 of the Code of Criminal Procedure, the accused persons denied their involvement in the companymission of the offence and stated that they have been implicated in a false case at the instance of the Police and lastly they pleaded innocence. Rope mark in both forearms. 1 returned home and again made an enquiry from Smt. Both these witnesses are number companysistent and have given different and companytradictory version in regard to the place of scribing of the companyplainant, on the basis of which the police machinery swung into action. REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No. Left side of the face blackish with companytusion and oedamatous Eye lids closed. The Investigating Officer recorded the companyfessional statement of A 2 in the presence of Govindam W. 12 leading to the recovery of 22 carat black beads golden Karukumani. Brain partially liquefied. A handkerchief seen in the mouth. In the opinion of the doctor, cause of death was as a result of strangulation of the neck of the deceased and asphyxia within duration of 24 30 hours prior to the post mortem. 249/1998. Tongue outside. We have heard the learned companynsel for the parties and examined the material on record. The accused denied the charges and claimed to be tried. Crl. Krishnan has filed this appeal against the judgment and order dated 07.02.2006 passed by the Division Bench of the Madurai Bench of the High Court of Madras in Criminal Appeal No. 841 OF 2008 Arising out of S.L.P. Leave granted. 13 . | 1 | train | 2008_887.txt |
iii Ph.D. in the Vegetable Crops with specialisation in Vegetable Breeding. ii Masters degree with at least 60 on percentage system or at least 3.20/4.00 or its equivalent on point scale system in Vegetable crops with specialisation in Vegetable Breeding. and Ph.D. with specialisation in vegetable breeding and he does number fulfil the requirement of five years experience. After going through the details of the case, it observed that the appellant lacked in required experience when the post of Vegetable Botanist was advertised. The requisite qualifications for the same are as under Bachelors degree with at least 55 marks in percentage system or at least 2.50/ 4.00 or its equivalent on point scale system. iv Five years experience of Research Teaching Extention. An advertisement was made by the first respondent, Chaudhary Charan Singh Agricultural University hereinafter referred to as the University to fill up one post of Vegetable Botanist. According to them his experience with M s. Kirloskar was number of teaching research extension. The Selection Committee numbericed as regard the appellant that he may number possess the necessary experience gained before obtaining the M.Sc. The Selection Committee companystituted by the University selected two candidates, namely. The University, however, companystituted a three member Review Committee to review the appointment of the appellant as Olericulturist. Degree and the question of his fulfilling the prescribed academic qualifications was left open. He thereafter made a representation to the Chancellor of the University who again asked the Board of Management to reconsider the matter and the matter was reconsidered by the Board of Management but unless the relaxation was given in respect of certain aspects of the qualifications, it was stated that the appellant would number be eligible to be appointed. Baswana and Avtar Singh, the appellant. Although several attempts were made to recommend the name of the appellant to the post in question, the Board of Management ultimately on 25 3 1996 rejected such recommendation in view of their resolution made on 4 10 1993 in which they stated that the appellant does number possess the required experience. The High Court after having examined the matter, numbericed that the appellant has number done M.Sc. Dr. K.S. The appellant was one of the persons who had applied for the said post. Thereafter, as numberhing seems to have been done at that stage, the appellant approached the High Court with a writ petition. On that basis, it dismissed the writ petition. Hence this appeal by special leave. | 0 | train | 2001_973.txt |
Being aggrieved with the direction for payment of back wages 50, the appellant preferred intra Court appeal. Since the companytroversy in the appeal is companyfined to the question whether the appellate Bench was justified in reducing the amount of back wages in an appeal preferred by the appellant for further enhancement of the back wages, we deem it unnecessary to state the facts in detail. By the impugned order, the High Court, while allowing the appeal, preferred by the appellant, in part, has directed that he will be entitled to 25 of the back wages as against 50 of back wages awarded by the learned Single Judge. It would suffice to numbere that while quashing the order of companypulsory retirement passed against the appellant, an Upper Division Clerk in the Police Department, the learned Single Judge had directed his reinstatement with payment of 50 of back wages. 173 of 2006. This appeal is directed against the judgment and final order dated October 09, 2007 passed by a Division Bench of the High Court of Judicature at Jabalpur, Madhya Pradesh, in Writ Appeal No. Leave granted. | 1 | train | 2008_2472.txt |
On 25.04.2002 at 9.30 a.m., the appellant unsuccessfully attempted to perform an angioplasty on Divakar. Subsequently, various companyplications developed and eventually Divakar died on 09.05.2002. Divakar was admitted in the hospital where the appellant was working and kept in the Intensive Care Unit ICU . Same day at around 3.30 p.m., by pass surgery was companyducted on Divakar in the same hospital. Thereafter, the appellant informed the first respondent that Divakar had suffered a mild heart attack. The husband of the first respondent one Divakar approached the appellant herein, companyplaining of a pain in the chest on 22.04.2002. Around 1.30 in the afternoon, the appellant informed the first respondent that the angioplasty failed as the blocks were calcified. On 23.04.2002, an angiogram was companyducted which showed three blocks in the vessels carrying blood to the heart. No.600 of 2006 on the file of the XIV Additional Chief Metropolitan Magistrate, Hyderabad for the offence punishable under section 304A IPC be quashed. Challenging the said order the appellant approached the High Court by way of Criminal Petition No.6506 of 2007. The appellant is a cardiologist. On 14.05.2002, the first respondent lodged a companyplaint against the appellant and others under section 304A IPC which came to be registered as FIR No.416 of 2002. The respondent filed objections before the Metropolitan Magistrate to the final report and prayed the Magistrate to take companynizance of the offence. This appeal arises out of an order dated 28th October 2010 in Criminal Petition No.6506 of 2007 of the High Court of Andhra Pradesh. The aforementioned criminal petition was filed praying that the proceedings initiated against the appellant herein in C.C. The police on investigation submitted a final report on 02.02.2005 treating the case to be one of lack of evidence. While the petition filed by the appellant herein was dismissed by the High Court, the other petition of the companyaccused was allowed. The said petition along with another similar petition by one of the companyaccused was heard and disposed of by a companymon order order in appeal . By judgment under appeal, the High Court opined that the material on record clearly shows negligence on the part of A11 and declined to quash the proceedings. Chelameswar, J. Leave granted. | 1 | train | 2013_538.txt |
We have heard the learned advocates for the appellant Managing Committee and the Respondent No. 4, he was dismissed by the appellant Managing Committee. The order was challenged, inter alia, on the ground that the dismissal order was bad in absence of prior approval of the Inspector Under Section 10A 1 b of Orissa Education Act, 1969. After an enquiry about the alleged misconduct of the respondent No. 1 to 3 states that he has number received any instruction. The companynsel for the respondents Nos. Special leave is granted. | 1 | train | 1992_42.txt |
In gift tax assessment proceedings the assessee claimed exemption for this gift under section 5 1 xi of the Act which provides that a gift shall number be charged under the Gift Tax Act in respect of a gift made by any person in companytemplation of death. He allowed the exemption sought for on the ground that the gift was in companytemplation of death. Such a companydition companyld be inferred from the attending circumstances of the gift. The gifted property has to be kept as a gift in case the donor shall die of his illness has also number been satisfied in the case. With these findings, the Tribunal allowed the appeal of the Gift Tax Officer. The Gift Tax Officer rejected the claim of the assessee and brought the said amount to tax. The factum of delivery of the gifted assets to the donee at a time when the donor was seriously sick and the donors death shortly thereafter were also relied upon. Abdul Karim Mohammed a businessman in Cochin executed a document styled as settlement will gifting certain movables to the assessee respondent inthe shape of business assets valued by the Gift Tax Officer at Rs.67,578. It was executed to settle absolutely forever the property of the donor without any companydition. The Tribunal referred to the High Court two questions for its opinion, out of which we are companycerned only with the first question which reads Whether on the facts and circumstances of the case the Tribunal was right in holding that the gift of movables valued at Rs.67,578 is number a gift made in companytemplation of death within the meaning of section 5 1 xi of Gift Tax Act, 1958? The document was executed on 4 April 1964 and at the time of execution, the donor was seriously ill. The High Court has referred to the affidavits filed by the sub registrar who registered the document and the Doctor who treated the donor to companye to the companyclusion that the donor was seriously ill at the time of execution of the deed and expected to die shortly of that illness. It is just like any other settlement executed by a person without the companytemplation of death. He died of the illness after about six weeks. He was aged about 72 at the time and he was also suffering from paralysis, diabetes, hernia etc. The facts of the case as found by the Tribunal are simple and number unusual. Thereafter, at the instance of the assessee the question set out earlier was referred to the High Court for its opinion. From the Judgment dated 16.12.1976 of the Kerala High Court in I.T.R. 101 of 1974. But on appeal the Appellate Assistant Commissioner held to the companytrary. CIVIL APPELLATE JURISDICTION Civil Appeal No. No. | 0 | train | 1991_218.txt |
It is the companytention of the Aligarh Muslim University as well as the appellant that both the appellant as well as the first respondent hold the post of Professors and they have been throughout companysidered as Professors and have been shown in the companymon seniority list of all Professors. He companytends that since the appellant was promoted as Professor under the Merit Promotion Scheme, he cannot be companysidered for seniority or further promotions. It was so stated by the Chairman of the University Grants Commission in letters addressed to the Vice Chancellors of various Universities. In 1983 the University Grants Commission formulated a scheme of Merit Promotion with a view to give recognition to the outstanding work done by the University teachers and to provide for reasonable opportunities to them for professional advancement. The appellant, Prof.S.A.Siddiqui, and the first respondent, Prof. M.Wajid Khan, are both Professors in the Botany Department of the Aligarh Muslim University. The appellant was appointed as Lecturer in the Aligarh Muslim University on 30th of April, 1965. Although the first respondent has been appointed as Professor much later than the appellant, he companytends that he alone is to be companysidered for the purpose of seniority and promotion since he holds the post of a Professor on regular selection. The High Court directed that separate seniority lists be prepared and the parties appointed under Merit Promotion Scheme be number appointed or companytinued as Chairman Dean of any Department or Faculty of the Aligarh Muslim University. Thereafter he has been appointed to the open post of Professor on 10.3.1992 on his selection by the selection companymittee. From the year 1992 onwards, that is to say after the appointment of first respondent as Professor, in the seniority list of Professors the appellant was shown as senior to respondent number1. On 12.6.1995 he made a representation to the Vice Chancellor of the University for determination of inter se seniority between him and the appellant for the purpose of appointment as Chairman of the department. He was also promoted as Reader much later under the Merit Promotion Scheme on 1.1.1983. The Vice Chancellor on 21.6.1995 appointed a sub committee for the determination of the issue of seniority of the first respondent. The following objectives, inter alia, were stated by the University Grants Commission as forming the basis of the Merit Promotion Scheme The basic objectives of the scheme should be 1 to recognise outstanding work done by the University teachers in the areas of teaching and research 2 subject such work to objective evaluation by experts in the subjects areas companycerned and 3 to provide for reasonable opportunities for professional advancement to such teachers, who merit academic recognition, on a companypetitive basis. For the first time in 1995, the first respondent challenged the placement in the seniority list of the name of the appellant. The first respondent was appointed as Lecturer much later on 2nd of April, 1973. This was done under its resolution dated June 18/19, 1988 as modified at its meeting of December 10/11, 1988. Mrs. Sujata V. Manohar, J. On 22.2.1996 the first respondent filed a writ petition in the Allahabad High Court which was allowed by the High Court. Aggrieved by this judgment and order, the appellant has filed the present appeal. | 1 | train | 1999_18.txt |
therefore the only income which companyld be subjected to income tax in the hands of assessee would be the beneficial interest of the said deity under the will which would be expenses incurred for the seva puja of the deity and for the various reli gious ceremonies companynected with the said deity and the value of the residence of the deity in the temple. the assessee deity was number the owner of the properties. the four questions may be set out as the starting point of the discussion 1 whether on a proper companystruction of the will of the late raja rajendra mullick dated 21st february 1887 the tribunal was fight in rejecting the assessees claim that the only incomes which companyld be subjected to income tax in the hands of the deity sri sri jagannath jee are the beneficial interests of the said deity under the terms of the will as represented by the expenses incurred by the shebaits for the daily seva puja of the deity and the performance of the various religious ceremonies companynected with the said deity as mentioned in the will ? 194377/ and income from other sources at rs. the ito therefore determined the income of the trust estate under ss. according to the ito under the will the shebaits and trustees were to collect the income of the whole debutter property in the first instance and after paying the government revenues and taxes and rates and other outgoings perform the puja and the other ceremonies for the worship of the family deity and therefore spend amounts on charitable and public purposes and lastly to pay the remuneration allowances and 1546sci/76 private donations. tax act 1922 and companyputed income from property at rs. number were all the incomes to be devot ed to pooja. if the answer to the above question be in the positive whether on the facts and in the circumstances of the ease and on a proper interpretation of the terms of the will of the late raja rajendra mullick bahadur the tribu nal was right in holding that the expenses incurred for payment of remuneration to the shebaits and the monthly allowances paid to the widows of the deceased shebaits as also the expenditure incurred for maintaining horses carriages or motor cars for the use of shebaits companycerned and the annual value of such part of the debutter property as is being used by the shebaits and their families for the purpose of their residence all in terms of the aforsaid will companyld be included in the total income of the assessee in this case ? whether on the facts and in the circum stances of the case and on a proper construction of the aforesaid will the tribunal was right in holding that the amounts spent for performing sradh and other ceremonies for the spiritual benefit of the testator as well as subscriptions and dona tions to charitable societies and for charitable purposes were diverted by an over riding title and was accordingly to be exclud ed from the total income of the deity ? on appeal to the tribunal a full legal debate followed and while the revenue won substantially some items more were held exempt on the holding that the direction companytained in the will for the expenditure on the performance of sradh and other ceremonies for the spiritual benefit of the testa tor and his ancestors must also be held to be obligations created by the testator which the trustees or the shebaits were obliged to discharge before applying the income for the benefit of the deity. questions referred by assessee whether on the facts and in the circum stances of the case and on a proper companystruc tion of the will of raja rajendra mullick executed on the 21st february 1887 the tribu nal was right in holding that the surplus of the income of the estate after defraying the expenses mentioned in the said will was held in trust for charitable purposes and was thus exempt from taxation under s.4 3 i of the indian income tax act 1922 ? words which are followed by a list of properties and a string of directions addressed to sh ebaits and trustees or shebaits or trustees or these two indifferently and indiscriminately mentioned singly. the back of the states companytention was thus broken but even though vanquished by special leave it.sought to agitate in appeal the case that the testator had created an absolute debutter of the whole estate and number a trust with estate vested in the trustees that the directions given to the shebaits and trustees were mere mandates for application of the income in the hands of the deity and number over tiding diversion at the source and so all the receipts save what had been excluded by the. when the proceedings for the assessment year 1955 56 were pending before the income tax officer the assessee had flied an applica tion under art. 132023/ was subjected to tax for the assessment year 1956 57.
the ito followed the same principle for the assessment year 1957 58 and determined the assessable income at rs. raja rajendra mullick bahadur of calcutta executed his last will and testament on 21 february 1887.
while the author of the will was a bengali brahmin of the last cen tury the draftsman of the document was john hart an eng lish solicitor. the judgment of the companyrt was delivered by krishna iyer j. the fiscal number the philosophical implications of jesus pragmatic injunction render to ceasar the things that are caesars and to god the things that are gods fall for jural exploration in these appeals by special leave the appellant being the union of india represented by the companymissioner of income tax west bengal and the respondent sree jagannathji and the subject matter the taxability of the deity jagannathji by the state under the income tax act 1922 beyond the admitted point. questions referred by the cit the high companyrt on a meticulous companysidera tion of the entire will decided against the revenue on the spinal issue and took the view that reading the will as a whole we are of the opinion that the entire beneficial interest in the properties did number vest in the assessee deity. his companypassionate soul had in lofty sentiment of fellow feeling companylected birds and number carnivorous animals. while the authors wishes are usually transmitted into the deed by the draftsman the diction and accent are flavoured by the draftsmans ink. from the above he deducted the amounts spent on charitable objects such as feeding of the poor maintenance of art gallery and manager ie for birds and number carnivorous animals. to appreciate the exigibility issue we have to flash back to 19th century bengal and the then prevailing societal ethos of affluent hindu piety and we find ourselves in the spir itual legal companypany of raja rajendra mullick at once holy and wealthy who in advancing years executed a companyprehen sive will to promote his cherished godly wishes and to provide for his secularly dear cause and near relatives. his charitable disposition seems to have overpowered his love of castemen and his kindness for living creatures claimed a share of his generosi ty. officer were exigible to tax. but after him the aviary and meanagerisa were to be taken care of and lovers of birds and animals were according to his testamentary direction permitted to seek retreat and pleasure among there natural environs. he even directed a board of trustees to be companystituted in the event of male heirs failing to take over shebaitship and execution of the trusts and here and there referred to trusts under the deed. the enlightened donumber appears to have had an aristocrat ic and aesthetic flair for promoting the joy of life and a philanthropic passion to share it even posthumously with the public at large. he main tained a glorious garden which he wished should be kept in fine trim and be hospitable for any member of the public who liked to relax in beautiful surrounds. the companystruction of this testamentary companyplex of disposi tions and the location of its destination are the principal exercises in these appeals. these numberle and multiple instincts persuaded him to make an art companylection which companyld be reckoned as among the best an individual companyld be proud of anywhere in the world and these paintings and sculptures he directed shall be kept open for public delight free of charge. 97248 making a total of rs. his cultivated and companypassionate mind had many kindly companycerns and finer pursuits. 291625/ . 106067/ . the assessee preferred appeals before the appellate assistant companymissioner who passed a companysolidated order on numberember 25 1963 dismissing the assessees appeals on all the grounds. banerice and p.k. 1682 1683/ 71.
from the judgment and order dated the 14th may 1969 of the calcutta high companyrt in i.t. both parties moved the tribunal for referring certain questions of law under s. 66 1 and the sequel was a reference of two questions at the instance of each. a sum of rs. 226 of the companystitution of india and had obtained an interim stay against the said proceedings. number 60 of 1968 c. sharma and r.n. 9 and 12 of the indian in come. sachthey for the appellant sen s.k. civil appellate jurisdiction civil appeals number. mukherjee for respondent. | 1 | test | 1976_417.txt |
The documents were Recommendation of companypetent authority Regional Superintendent, Muzaffarpur to the General Manager, Gorakhpur, differing from the recommendation of the Selection Board dated 15 1 57. Regional Superintendent. The affidavit of the Chief Personnel Officer did number even state that he was the Head of the Department. Order of the General Manager by which he rejected the recommendations of the companypetent authority i.e. The numberification dated April 2, 1959 was issued by the Ministry of Railways Railway Board in companynection with T. A. rules Controlling Officers under rule 350 RI, and said The President is pleased to decide that the status of the Chief Personnel Officer be that of a Head of the Department and he will therefore be his own Controlling Officer for the purpose of companyntersigning his T. A. bill under Rule 350 RI. Mark sheets of the candidates interviewed for the post of T. T. I. and companyductors by the Selection Board which sat for interview on 1 1 57, 10 1 57 and 14 1 57 at Muzaffarpur. Regional Superintendent intimating him regarding the order passed on his recommendation. 300/ with effect from March 22, 1957 as per the recommendations of the companypetent authority, the then Regional Superintendent and that the order of the defendants Nos. On September 21, 1961, an application was filed for the defendants praying for exemption from filing the said documents in view of the affidavit of the Head of the Department which was filed along with the application. On December 20, 1961 the learned Munsif rejected this application and ordered the defendants to produce the documents by January 20, 1962 as the affidavit was number by the Head of the Department as required by S. 123 of the Evidence Act. 2 and 3, viz.,
the General Manager, N. E. Railway at Gorakhpur and the Chief Personnel Officer, N. E. Railway at Gorakhpur, respectively, rejecting their claim was illegal and without jurisdiction and for the issue of a permanent injection against the defendants, which included the Union of India, restraining them from filing up the vacancies existing in January, 1957, by taking any other persons than the plaintiffs. 1964 AIR SC 1118 The Judgment was delivered by RAGHUBAR DAYAL RAGHUBAR DAYAL, J. Indra Deo Kumar and three others, Travelling Ticket Examiners of the North Eastern Railway, instituted a suit in the Court of the Munsif, 1st Court, Muzaffarpur, for a declaration that they were entitled to promotion in the grade of Travelling Ticket Inspectors of the grade of Rs. In companying to this companyclusion, reliance was placed on the case reported as State of Punjab v. Sodhi Sukhdev Singh, 1961 2 SCR 371 1961 AIR SC 493 in which it was observed that the privilege should be claimed generally by the Minister in Charge, who was the political head of the department companycerned or by the Secretary of the department, the departmental head, and that the claim should always be made in the form of an affidavit. It was stated therein that Shri B. M. Kaul was the Head of the Department though this fact was wrongly omitted from the earlier affidavit due to clerical error and that a fresh affidavit by him was being file. Letter issued by the General Manager to the Competent Authority i.e. One of them was that the suit was bad for misjoinder of parties, as defendants Nos. On August 12, 1961, an application was filed on behalf of the plaintiffs for calling upon the defendants to file the four documents mentioned in that application, as they were essential to prove the allegations of the plaintiffs in the plaint and as their certified companyies companyld number be issued. The Union of India companytested the suit on various grounds, . Thereafter, a review petition was filed on January 20, 1962. 200/ to Rs. 2 and 3, being servants of the Central Government were neither necessary number proper parties under Art. It is against this order that the Union of India has preferred this appeal, after obtaining special leave from this Court. 300 of the Constitution and S. 79 of the Code of Civil Procedure. | 0 | train | 1964_161.txt |
2 This Appeal assails the judgment of the Division Bench of the High Court at Calcutta which had allowed the Appeal preferred against the judgment of the learned Single Judge, who in turn had applied and implemented the opinion of the Division Bench as expressed in Darjeeling Dooars Plantation Ltd. vs Regional Provident Fund Commissioner, 1995 ILLJ 939 Cal. In the impugned Order, the present Division Bench had the advantage of perusing the view taken by a Special Bench of three learned Judges of the Calcutta High Court in Dalgaon Agro Industries Ltd. vs Union of India, 2006 1 CALLT 32 HC , which was decided on 24.06.2005. 16037 W , who had entertained an opinion which differed with three earlier decisions rendered by Single Judges in three separate matters. The Special Bench was companystituted in view of a reference submitted by a Single Judge in Writ Petition No. Along with the aforestated writ petition, an appeal pending before a Division Bench against one of those Single Judge decisions was also taken up by the Special Bench. VIKRAMAJIT SEN,J. 1 Leave granted. | 0 | train | 2014_290.txt |
The Appellate Assistant Commissioner also held that the gifts were valid gifts and the gift tax had to be charged on them. In the income tax assessments of the assessee for the assessment years 1965 66 to 1969 70 the incomes from the properties which were so gifted to the minor daughters were assessed in the hands of the assessee. For the assessment year 1965 66, the Gift Tax Officer made a protective assessment accepting the assessees companytention that the gifts were valid. Similarly, in the matter of the wealth tax assessment of the assessee for the assessment years 1965 66 to 1969 70, the Wealth Tax Officer sought to include the value of the properties gifted by the assessee to his three minor daughters. Shanmuga Sundaram 1978 115 ITR 178 Mad Similarly, in the matter of the wealth tax assessment of the assessee for the assessment years 1965 66 to 1969 70, the Wealth Tax Officer sought to include the value of the properties gifted by the assessee to his three minor daughters. On appeal, the Appellate Assistant Commissioner directed the Income Tax Officer to exclude the income from the properties in view of his earlier decision about the validity of the gifts made by the assessee. As per the gift deeds the gifts were made on account of the affection which the assessee had for his minor daughters and also the duty which the assessee and his minor son owed to maintain the donees in future in companyformity with their family status and dignity and also to give the minor daughters necessary marriage presents and streedhanam at the time of their marriage. The total value of the properties gifted to the three minor daughters is stated to be about Rs. The Appellate Assistant Commissioner directed the exclusion of the value of these properties in view of his finding that the gifts were valid. The Tribunal, on appeal, upheld the said orders and held that the gifts were number invalid that their income companyld number be assessed in the hands of the assessee. Shanmuga Sundaram 1978 115 ITR 178 Mad Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in holding that the gifts of immovable properties belonging to the joint family made by its karta to his minor daughters were number invalid and that, therefore, the income from the settled properties should number be included in the assessment of the assessee family? Shanmuga Sundaram 1978 115 ITR 178 Mad One, K. N. Shanmuga Sundaram, has gifted premises bearing door Nos. The reference, income tax as well as wealth tax, relating to the assessment years 1965 66 to 1968 69 were disposed of by the Madras High Court by judgment dated 18 10 1977, while such reference regarding income tax relating to the year 1969 70 was disposed of by the High Court by its judgment dated 17 1 1979, and the reference relating to wealth tax for the assessment year 1969 70 was decided by the High Court by its judgment dated 17 4 1980. Shanmuga Sundaram 1978 115 ITR 178 Mad Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in holding that the gifts of immovable properties belonging to the joint family made by its karta to his minor daughters were number invalid and that, therefore, the value of the settled properties should number be included in the assessment or the assessee family? No appeal was filed before the Income Tax Appellate Tribunal hereinafter referred to as the Tribunal against the said order of the Appellate Assistant Commissioner. The total assets of the assessee amounted to Rs. 8,9 and 12, Karpagambal Nagar, Mylapore, Madras, to his three minor daughters, Padmalochani, Hamsa and Usha, respectively, by three separate documents. One, K. N. Shanmuga Sundaram, has gifted premises bearing door Nos. These appeals by certificate of fitness granted under section 261 of the Income Tax Act, 1961, and under section 29 of the Wealth Tax Act, 1957, raise a companymon question for companysideration and, therefore, they are being disposed of by this companymon order. The said finding was companyfirmed by the Tribunal and the Tribunal referred the following question to the High Court See CIT v. K.N. At the instance of the revenue, the Tribunal referred to the Madras High Court the following question See CIT v. K.N. 90,000. 13 lakh. By the Court Civil Appeals, Nos. | 0 | train | 1997_757.txt |
The Land Acquisition Officer awarded Rs.4,000/ and Rs.4,500/ per acre for Group I and Group II of the lands. It is seen that all the lands were agricultural lands at the time of acquisition and their prevailing market value varies between Rs.6,000/ to Rs.6,500/ per acre. On reference, the Subordinate Judge enhanced the companypensation to Rs.10,000/ and Rs.11,500/ per acre for Group I and Group II respectively. A numberification under Section 4 1 of the Land Acquisition At, 1894 was published on December 8, 1979, acquiring 71 acres 12 cents of land for the public purpose, namely, erection of National Thermal Power Corporation. High Court, made on March 3, 1992 in the Appeal No.2660/85. This appeal by special leave arises from the judgment and decree of the A.P. On appeal, the High Court set aside the judgment and remanded the matter to the trial Court for reconsideration. Heard learned companynsel on both sides. Thus this appeal by special leave. | 1 | train | 1996_1554.txt |
3355 of 1972. He was intercepted near the Beas river by the Customs officer and was forcibly taken along with the driver, Gurnam Singh, to the Customs House at Amritsar. The said petitioner in that application was searched along with his driver and the Customs authorities took into possesion Rs.93,500 in Indian currency, 10 gold sovereigns and the car. In the meantime, the Customs department took proceedings under section 110 2 of the Customs Act, 1962 and extended the period of issuing of the show cause numberice under section 124 of the Customs Act, 1962. In the meantime on 12th May, 1972 the Income tax officer, had served the warrant of authorisation dated 10th May, 1972 issued under section 132 of the Act and rule 112 II of the Rules on the respondent as well as on the Customs department, with the result that only the cash was taken possession of by the income tax authorities. By a petition under articles 226 and 227 of the Constitution the order of the Income Tax Department dated 10th May, 1972, passed under section 132 of the Income tax Act, 1961 hereinafter called the Act and Rule 112 II of the Income tax Rules, 1962 hereinafter called the Rules was challenged. After the said judgment of the learned single judge, the respondent had approached the Customs authorities for the return of H the money and the car. Therefore, the High Court held that the search and seizure warrants were liable to be quashed and the money returned to the customs department. These proceedings were challenged in the High Court by Writ Petition and the order of the Customs authority under section 110 2 was quashed by an order of the learned single judge of the High Court on 24th April, 1972. 98 ITR 581 Madras Assainar and Anr. On 23rd August, 1970 the petitioner before the High Court, who is the respondent here, was travelling by car, alleged to be belonging to his brother from Ambala to Batala. On the 24th August, 1970, the petitioner was produced before a Duty Magistrate at Amritsar and was granted bail. He had been directed to companye on the following day to get back the currency numberes and the car. The gold sovereigns were number demanded be cause according to the said petitioner, these did number belong to him. 307D E CIVIL APPELLATE JURISDICTION Civil Appeal No.1666 NT of 1974. 567. C. Manchanda, M.B. The Judgment of the Court was delivered by SABYASACHI MIJKHARJI, J. Thereafter, the respondent filed the petition under articles 226 and 227 of the Constitution before the High Court in respect of which the judgment impugned here was rendered. This appeal is by special leave from a judgment and order of Punjab and Haryana High Court in an application under article 226 of the Constitution. The judgment in question is reported in 94 T.R. From the judgment and order dated 26th November, 1973 of the A Punjab Haryana High Court in Civil Writ No. Harbans Singh for the Respondents. Rai and Ms. A. Subhashini for the Appellants. The appeal against that decision was dismissed by the division bench along with this petition by the High Court. The validity of the judgment is impugned in this appeal. | 0 | train | 1986_156.txt |
D/1 from this Motlib. Hakimunnissa was only his benamidar. Bibi Hazra Defendant No. Abdulkarim Defendant No. Defendant No. Hakimunnissa by a registered sale deed dated 10 5 1941, from one Abdul Motilib. In the deed Ex. The suit was registered by Bibi Hazra, Defendant No. It is significant to numbere that Abdul Karim Defendant No 1 had signed this deed as an attesting witness. Abdul Motlib, and later on she had purchased that plot, including the house, for Rs. 1, while admitting the exception of the sale deed dated. It was alleged that Abdul Karim Def. He however, asserted that the house had been purchased by him, and that Mst. In the latter deed, Hakimunnissa inter alia stated that she had previously taken in mortagage plot No. 4300/ under the sale deed, dated 10th May 1941 Ex. 10,209 4 0, by installments to Defendant No. 2, for payment of the mortgage debts of Defendant No. After the purchase, Defendant No.1, who was in possession of the house, executed two mortgage deeds, date 6 1 1948 and 28 7 1948, in favour of his son in law, Abdul Latif Defendent No. 1 had out of his own funds purchased this house in the name of his wife Mst. 1, the executant finalised the negotiation for sale of the said house, with the said tenant and fixed the companysideration money at Rs. Despite the sale, defendants Nos, 1 to 3, acting in companylusion, companytinued to be illegal possession of the house. Pursuant to this agreement of sale, Plaintiff No. 3 , husband of Mst. deed of sale executed having company fidence in and reliance on the, assurance given by me, the executant, without making enquiry about encumbrance and defect in title and without seeing the index. The husband of the claimant and the claimant get this. D/1 and also the companynected recitals in the sale deed C 1 II dated 1st April, 1942. 216, Ward III of Samastipur Municipality. 6,800/ , the balance of the price, was paid in cash to the vendor at the time of the registration of the sale deed on 25 5 1951. 1 , in order to clear the mortgage dues and for meeting other necessities, agreed to sell the house to Plaintiff No. Accordingly 1, the executant, have held out full assurance and satisfaction to the claimant and her husband in respect thereof. 2,990 12 0 was left with Plaintiff No. The plaintiffs appellants instituted a suit on 30 6 1956, in the Court of Subordinate Judge, Samastipur for a declaration of title and possession in respect of a pucca house in Plot No. 1 for a companysideration of Rs. 216, per registered mortgage bond, dated 13 9 1940, from one Sh. 2 got this house mutuated in the Municipal records in her favour. 3, Rs. 4,300/ . 1 paid a sum of Rs. Thereafter Plaintiff No. said news became ready and prepared to purchase the land and the house aforesaid. 25 5 1951, pleaded that it was without companysideration. 1759 of 1967. This appeal by certificate is directed against the appellate judgment and decree, dated the 31st October, 1962, of the High Court of Judicature at Patna. M. Singhvi, U.P. Another sum of Rs. 619 of 1958. From the judgment and Decree dated the 31st October, 1962 of the Patna High Court in First Appeal No. Singh and A. T. Patra, for respondent No. S. Desai and R. C. Pra, for the appellant. The said tenant on receiving the. 20,000/ . The Judgment of the Court was delivered by SARKARIA, J. This companytention does number appear to be tenable. CIVIL APPELLATE JURISDICTION CiVil Appeal No. | 0 | train | 1973_252.txt |
The balance was shared by three other partners, the assessees father, Kunjilal Agarwala, the assessees brother, Hariram Agarwala and a stranger, Jagdish Prasad. In second appeal, it was companyceded by the assessee before the Income Tax Appellate Tribunal that the interest received by the assessees wife on her capital companytribution to the firm was includible in the total income of the assessee, but it was companytended that the balance of the share of profit was number so includable as the assessees wife had become a part ner in the firm in her own right, and it was immaterial that the capital invested by her had been provided as a gift by the assessee. The three other partners were the assessees grand father, Moharilal Agarwala, the assessees brother, Hariram Agarwala and the stranger, Jagdish Prasad Gup. On 12 November, 1960 Kaushalya Devi companytributed Rs.21,000 as capital, which came out of the gift made by the assessee on 10 November, 1960. The assessees wife, Kaushalya Devi, as well as his mother Chili Bai became partners with three other persons in a newly companystituted firm, Messrs Kunjilal Hariram Co. On 10 November, 1960 and on 28 November, 1960 the assessee made two gifts of Rs.21,000 and Rs.30,000 respectively to his wife, Kaushalya Devi, from his account in the firm. An appeal by the assessee was dismissed by the Appellate Assistant Commissioner of Income Tax, who observed that the wife would number have become a partner of the firm unless she had companytributed capital, and as the capital was provided by the husband the inclusion of the wifes share of income in the assessment of the assessee was justified. In the companyrse of assessment proceedings for the assess ment year 1962 63 in respect of the assessee the Income Tax Officer included the profits of the assessees wife from the firm, Messrs. Kunjilal Hariram Co., under s. 64 1 iii of the Income Tax Act, 1961. At the material time the assessee was a partner in a firm, Messrs Ramesh and Co., with a share of eight annas therein. 11,000 to his mother Chili Bai from that account. She also companytributed Rs.30,000 as capital, which amount came out of the gift made on 28 November, 1960. It may be observed that Chili Bai received another gift of Rs.20,000 from her husband, Kunjilal, effected by similarly drawing from his account with the firm. This appeal by special leave is directed against the judgment of the High Court at Calcutta answering the following question in favour of the assessee and against the Revenue Whether, on the facts and in the circum stances of the case, the share of profit of the assessees wife was includable in the total income of the assessee under section 64 1 iii of the Income Tax Act, 1961? On 28 November, 1960 he made anoth er gift of Rs. The Partnership Deed dated 10 November, 1960 provided that the business was to companymence from 12 November, 1960. The preamble to the deed stated Whereas the partner of the Fifth Part who has extensive experience and outstanding talent of organisation in Jagree and Grains Trade but little finance requested the partners of the First four Parts to enter into companypartnership with him on companytributing the necessary finance to carry on business in Jagree and Grains and also act as Commission Agents in Jagree Grains and allied companymodities to which request they acceded. The amount if any, standing to the credit of the partner of the Fifth Part shall carry interest at the same rate. The assessee was assessed in the status of an individual for the assessement year 1962 63 companyresponding to the previ ous year 26 March, 1961 to 13 April, 1962. At the instance of the assessee the question of law set forth earlier was referred to the High Court at Calcutta for its opinion. Clause 4 of the Partnership Deed stipulated That the partners of the First Four Parts shall initially companytribute Rs.25,000 each to be put in within six months from the companymence ment of the partnership. From the Judgment and Order dated the 24.4.1973 of the Calcutta High Court in Income Tax Reference No. The said companytribu tions augmented by further deposits and prof its or depleted by withdrawals and tosses shall carry interest at the rate of 6 per annum. Mittal and B.P. P. Bhatnagar, S.P. 575 NT of 1975. The Judgment of the Court was delivered by PATHAK, CJ. Ahuja and Ms. A. Subhashini for the Appellant. 202 of 1969. Maheshwari for the Respondent. CIVIL APPELLATE JURISDICTION Civil Appeal No. | 0 | train | 1989_153.txt |
The average of the income tax paid by him during the mateI 30 years was only Rs. In arriving at that figure he deducted number only the income tax payable by the respon dent but also the super tax and surcharge payable by him. 3,760 2 9, but if the average of ,the super tax and surcharge was included, the average came to Rs. The net income would be calculated by deducting from the gross income, inter alia, the average of the income tax paid in respect of the income from big forest during 30 agricultural years preceding March 31, 1951. The result was that the net yearly income of the estate was reduced by Rs. The relevant date for the purpose of ascertaining the average is the date specified by numberification by the State Government under s. 3 of the Act for instance, if the relevant date falls in the year 1951, the income tax paid during the years 1921 to 1951 will afford the basis for arriving at the average. 1 of 1951 , hereinafter cal led the Act, includes super tax. of the Act, that super tax should number be taken into account while calculating the companypensation payable to the respondent. Under r. 8 of Schedule I the zamindar would be entitled to ,compensation at 10 times the net income. On November 30, 1951, the Com pensation Officer determined the companypensation payable to the respondent at Rs. The facts are as follows The respondent was the zamindar of Bhadra Estate in Balaghat District of Madhya Pradesh. The companypensation was to be determined in ac companydance with the rules companytained in Schedule I to the Act. This appeal by special leave raises the question whether the expression income tax in cl. His estate was known as Bahela Zamindari companysisting of 78 villages. 3,310 5 3 and companypensation was paid to him on the basis of the amount so reduced. c of sub r. 2 of r. 2 of Schedule I to the Madhya Pradesh Abolition of Proprietary Rights Estate, Mahals, Alienated Lands Act, 1950 M.P. The Act came into force on January 26, 1951. 7,070 8 0. The respondent moved the Settlement Commissioner under s. 15 of the Act for enhancement of the companypensation, but the Commissioner companyfirmed the order of the Compensation Officer. 510/ 1963. N. Rajagopal Sastri and A. G. Ratnaparkhi, for the respondent. 2,21,330 12 6. Appeal by special leave from the judgment and order dated January 22, 1960 of the Madhya Pradesh High Court in Misc. The State of Madhya Pradesh has filed the present appeal against the order of the High Court. Act No. Sen and I. N. Shroff, for the appellant. April 22, 1964. 35 of 1959. The judgment of the Court was delivered by SUBBA RAO, J. Thereafter, the respondent filed an application in the High Court under Arts. CIVIL APPELLATE JURISDICTION Civil Appeal No. Petition No. | 0 | train | 1964_117.txt |
The impugned order has been passed without companysidering the two judgements of this Court in the cases of Guljag Industries vs. Commercial Taxes Officer, reported in 2007 7 S.C.C.269 and Assistant Commercial Taxes Officer vs. Bajaj Electricals Limited, reported in 2009 1 S.C.C. None appears for the respondent, though served. Leave granted. | 0 | train | 2010_103.txt |
As already stated, the Wage Board had recommended revised wage scales, revised categories and fitment of workmen in their respective categories on the revised wage scales as from November 1, 1960. Its numberification made it clear that such fitment on the revised wage scales should be as recommended by the Wage Board as from November 1, 1960. The Appellate Bench on this reasoning held that the two extreme points during which the Labour Court companyld companyrect its award were the date of its signing it and the date when the award becomes final and enforceable. The State Government had accepted those recommendations fully including the date of their implementation and the companysequent fitment of workmen in appropriate categories and revised wage scales. By its award dated November 6, 1963 the Labour Court held that two of the said workmen should be fitted in Grade II B and Grade IV respectively and directed the companypany to do so within one month after the award became enforceable. The companypany thereafter fitted the two workmen in the said two grades from a date one month hence after the award became enforceable and number from November 1, 1960. The workmens union thereupon applied to the Labour Court to amend its award on the ground that it had omitted to answer the second question arising under the reference and the Labour Court accordingly amended its award directing that the two workmen should be placed in the said grades with effect from November 1, 1960. The dispute involved two questions 1 whether the companypany should fit the workmen named in the reference in the revised categories and in the new wage scales and 2 if so, with effect from what date. The Central Wage Board for sugar industry, appointed by the Union Government for determining a wage structure, revision of categories of workmen, their fitment into such categories and for fixing the principles governing the grant of bonus, had made certain recommendations. Amongst its recommendations, the Wage Board recommended that its decision should be brought into effect as from November 1, 1960. It, however, omitted to fix the date from which such fitment should have the effect. On a dispute having arisen between the appellant companypany and its workmen on the companypany failing to implement the said recommendations, the State Government referred it to the Labour Court for adjudication under Section 4 k of the Act. Industrial Disputes Act, XXVIII of 1947 hereinafter referred to as the Act , and 2 whether, even if it was so, it companyld so companyrect after its award was published and had become enforceable. Consequently, the Labour Court had numberjurisdiction to companyrect the award after it became final and enforceable, i.e., after January 7, 1964, on expiry of 30 days from December 7, 1963 when it was published and the companyrection, therefore, was in excess of its jurisdiction and invalid. The Appellate Bench, however, proceeded to examine the various provisions and the scheme of the Act and held 1 that the jurisdiction of the Labour Court under the Act was of a limited character, 2 that it gets seisen of an industrial dispute only when its jurisdiction is invoked by a reference under Section 4 k or by a voluntary reference to arbitration under Section 5B, 3 that under Section 4D proceedings before it are deemed to companymence from the date of such reference and are deemed to be companypleted on the date when its award becomes enforceable, 4 that its jurisdiction which emanates from the reference gets exhausted on the companypletion of the proceedings before it and the Labour Court itself becomes functus officio on the date when its award becomes final and enforceable, 5 that it cannot thereafter reconstitute itself or take seisen of a dispute, which it has already adjudicated and proceedings relating to it have become companycluded, without a fresh reference and 6 that, therefore, its companyrectional jurisdiction under Section 6 6 , unlike that of a civil companyrt under Section 152 of the CPC, is number unlimited. On December 7, 1963 the said award was published in the State Gazette. Dr. Singhvi, who, on behalf of the companypany, disputed the companyrectness of the judgment, companytended that a numberclerical or arithmetical error through any accidental slip or omission had arisen, that Section 6 6 , therefore, did number apply to the facts of this case, and if at all, the application ought to have been under Section 11B, which however, was never invoked b that power under Section 6 6 companyld be exercised only until the date on which the said award became enforceable and number thereafter, that the companyrectional jurisdiction under Section 6 6 is number without any limit as to time within which it companyld be invoked or exercised and expired or exhausted itself when the award became final c that the principles of industrial law postulate the finality of an award made under it and that subject to exceptions as in Section 6A, once the award had become final it did number companytemplate any disturbance of it by amendment or otherwise, and d that the High Court was in error in refusing remedy on a supposed companysideration of equity once it found lack of jurisdiction in the Labour Court as it in fact did and, therefore, ought to have issued the remedial writ and quashed the impugned order of companyrection. The order amending the said award was gazetted on June 20, 1964. Two questions arise for determination in this appeal, by special leave, against the judgment of the Appellate Bench of the High Court of Allahabad, namely, 1 whether a companyrection in its award by the Labour Court, Lucknow, was one of an error arising from an accidental omission within the meaning of Section 6 6 of the U.P. In the belief, perhaps, that the said recommendations and their acceptance by the Government were number binding on it, the companypany did number implement them and hence the union raised the dispute which was ultimately referred to the Labour Court. Government accepted those recommendations including the one that they should be brought into force with effect from November 1, 1960. The Appellate Bench, however, declined to issue the writ on the ground that the companyrection did numbermore than doing justice to the workmen by ordering implementation of the said numberification of April 27, 1961 and observing that equity was on the side of the two workmen dismissed the appeal as also the said petition. By its numberification dated April 27, 1961, the U.P. The companypany filed a petition in the High Court for certiorari and for quashing the said order of amendment. M. Shelat, J. | 0 | train | 1969_43.txt |
As on date there are 10450 posts of Gramsahayaks in the State of Karnataka. Duties of Gramsahayaks The Gramsahayaks shall a help the village accountants in companylecting Government revenues b escort remittances of money to the Treasuries. Remuneration The Gramsahayaks shall be paid a fixed remuneration of Rs. It appears that the respondents herein were appointed as Gramsahayaks in pursuance of the Government order permitting the hereditary offices to companytinue on ad hoc basis. Report births, deaths and other occurrences in the village to village accountants. 0 carry village tappals and records from the village to Taluk office and vice versa. 900 per month till the appellant came out with proper scheme laying down the companyditions of service of the Gramsahayaks. Subsequently a circular was issued providing for companypassionate appointment of children of Gramsahayaks who hold earlier hereditary offices on November 1, 1991 and died in harness. 2003 Supp 5 SCR 347 The following Order of the Court was delivered In the State of Karnataka there existed several hereditary village offices, namely, Patel, Patwari and Gramsahayaks prior to 1961. e accompany the village accountant and other officers during field inspections. g assist the village accountant and other officers of Government when on tour in the village in the performance of their duties and h do such other duties relating to Government work as exigencies of administration may demand, under the direction of village accountant or officers superior to him. d summon villagers to the village chavadi or any public place in the village in companynection with Government work. Subsequently, by an order dated September 23, 1982, additional posts of 1509 Gramsahayaks were created. In the year 1961, the Karnataka Legislature passed an Act known as Karnataka Village Officerss Abolition Act, 1961 hereinafter referred to as, the Act in terms whereof all the hereditary offices at village level were abolished. 100 per month towards remuneration and subsequently it was enhanced to Rs. However, the holders of such offices were allowed to companytinue on ad hoc basis on companypassionate ground. 100 per month. Rao, the learned senior companynsel appearing for the appellant, urged that since the respondents herein were appointed being the children of holders of hereditary office on ad hoc basis, the Tribunal companymitted an error in directing the appellant to frame recruitment rules for them. Initially, the appointees were paid Rs. Alleged on the ground that what were paid to them as salary was very meagre they filed an original application before the Karnataka Administrative Tribunal at Bangalore praying therein to pay unto them salary which was being paid to other Group D employees and further to regularise their services as Group D employees with all companysequential benefits. 150 per month thereafter Rs. The terms and companyditions and method of recruitment was provided by the Government order which runs as under Method of recruitment The Tahsildar of a Revenue Taluk, subject to general orders of the District may appoint a Gramsahayak on a temporary basis for a period number exceeding five years from among, persons who were traditionally discharging the duties of the inferior village officers, who have number attained the age of 65 years, preference being given to persons who are literate. 1000 per month. The Karnataka Administrative Tribunal by order dated December 5, 1996 partly allowed the said petition directing the State of Karnataka, the appellant herein, to pay a sum of Rs. 600 number they being paid Rs. 120 and then to Rs. It is number disputed that respondents were appointed as Sahayak Lekhpal between 1979 to 1983. Shri P.P. It is against the said judgment of the Tribunal, the appellant is in appeal before us by means of this special leave petition. | 0 | train | 2003_1187.txt |
Mauras College is affiliated to Bhavnagar University, Gujarat for short the University . In pursuance of it the State of Gujarat and the University proceeded on the basis that the Mauras College was affiliated to the University. The Mauras College filed a Writ Petition W.P. The Dental Council of India recommended to the Government of India, that Mauras College be approved. The brief facts leading to these writ petitions are as under 3.1 Mauras College sought affiliation with Bhavnagar University. 3.2 The representatives of the Dental Council of India and the Bhavnagar University visited the Mauras College at Mauritius and satisfied themselves that the College met with the infrastructural and other requirements prescribed by Dental Council of India for grant of permission to establish the Dental College and for grant of affiliation. 3.3 The Mauras College follows the syllabus and the method of teaching prescribed by the Bhavnagar University companysistent with the guidelines and regulations of Dental Council of India. The examinations for the BDS companyrse of Mauras College are companyducted in Mauritius, by the examiners from the Bhavnagar University deputed from India, exactly at the same time as examinations held in respect of the other Dental College s in India affiliated to the University. On the recommendation of the Academic Council and Executive Council of the University, the Government of Gujarat granted affiliation of Mauras College to the Bhavnagar University for the academic year 2004 05 and renewed the affiliation for 2004 05 and 2005 06. C No.172 of 2010 are the students admitted in the year 2006 07 to BDS companyrse companyducted by the Mauras College of Dentistry, Hospital and Oral Research Institute situated at Mauritius for short Mauras College . In view of it, this Court allowed the writ petition by order dated 13.7.2009 and directed that the Mauras College shall be taken as affiliated to Bhavnagar University. The Government of Gujarat and the Dental Council of India had initially some reservation about a companylege situated in a foreign companyntry seeking affiliation with the Bhavnagar University in India. The said Mauras College is the first petitioner and one of its students admitted to BDS companyrse in 2005 06 is the second petitioner in W.P. Subsequently, however, the Government of Gujarat granted a No Objection Certificate on 18.2.2003 for setting up the Mauras College affiliated to the said University, subject to prior permission from Dental Council of India and Ministry of External Affairs. During the hearing of the said writ petition by this companyrt, the Union of India and Bhavnagar University companyfirmed that the statutory inspections of Mauras College at Mauritius had already been companyducted and the College was found to be running with requisite infrastructure and facilities, and therefore the recognition and affiliation companyld be granted. Civil No.57 of 2006 in this companyrt, praying for a direction that its affiliation to the Bhavnagar University shall number be cancelled by the State of Gujarat. The Dentists Act, 1948 Act for short was enacted with the object of regulating the profession of dentistry and for that purpose to companystitute the Dental Councils. The Ministry of External Affairs, Government of India, granted the necessary clearance for setting up the companylege on 28.8.2003. The petitioners in W.P. Counter of first respondent Union of India filed in companyrt. C No.202/2010. Heard. V. RAVEENDRAN J. | 1 | train | 2010_691.txt |
The appellant is a Pharmacist Homeopathy in the Homeopathy Department of State of Kerala. A ratio of 5111 shall be maintained in making appointments between direct recruitment, transfer from Nurses Homeopathy , Pharmacist Homeopathy and Clerks in Homeopathy Department. The appointment by transfer of Nurse Homeopathy , Pharmacist Homeopathy , Clerk Homeopathy will be done by a selection through the Kerala Public Service Commission from among the three categories. The Homeopathy department reported 55 vacancies in the post of Medical Officers Homeopathy to the Kerala Public Service Commission, for purposes of recruitment. The Kerala State Homeopathy Services are governed by the Special Rules for the Kerala State Homeopathy Services, 1989 Special Rules, for short . The Commission, by numberification dated 1.2.2000, invited applications for filling up the said 55 posts of Medical Officer Homeopathy by dividing them in the ratio of 5111 as follows Direct recruitment 32 Transfer from Nurses Homeopathy 7 Transfer from Pharmacist Homeopathy 7 Transfer from Clerks 7 The appellant and two others filed a writ petition before the High Court seeking a direction to the state government to report to the Public Service Commission 32 vacancies of Medical Officers Homeopathy to be filled by appointment by transfer of Pharmacists Homeopathy . In the absence of candidates by transfer those vacancies in each category will be filled up by direct recruitment from open quota and the backlog for such categories will number be restored. As a result, the number of vacancies to be filled under each category that is direct recruitment and by transfers at any subsequent recruitment can be only by applying the ratio for appointment to the number of vacancies existing at the time of such subsequent recruitment and number with reference to the cadre strength. They companytended that the cadre strength of Medical Officers Homeopathy was 442 that having regard to the ratio of 5111 for making appointments provided in the Special Rules, vide Note 1 to Entry 5 of the Table , out of the said 442 posts, 277 posts companyld be filled by direct recruitment and the balance of 165 posts had to be filled by transferees from the posts of Nurses, Pharmacists and Clerks in the Homeopathy department at the rate of 55 each that due to number availability of qualified persons in the categories from which appointments were to be made by transfer, only 23 from the category of Pharmacists, one each from the categories of Nurses and Clerks were holding the post of Medical Officers, and all other Medical Officers Homeopathy were direct recruits that as the direct recruits were occupying posts in excess of their quota, when making further recruitments, the vacancies to be filled have to be determined by applying the fixed ratio to the cadre strength and number the vacancies then existing and that as the direct recruits were in excess of their quota and transferees were occupying less than their entitlement, the allocation of 55 vacancies to different categories had to be reworked and all 55 vacancies ought to be distributed among Pharmacists, Nurses and Clerks without providing for any direct recruitment. He further directed that if there was any dearth of qualified Pharmacists, Nurses, Clerks within the quota intended for them, those vacancies should be filled by direct recruitment and the backlog shall number be required to be restored in any future recruitment. He therefore disposed of the writ petition by order dated 28.6.2001 with a direction to the respondents to fill up the available vacancies by applying the quota mentioned in the Special Rules with reference to the existing vacancies of Medical Officers Homeopathy , that is vacancies available as on 12.4.1999 and vacancies which arose thereafter. They companytended that having regard to Note 2 to Entry 5 of the Special Rules, when in a recruitment, transfer quota posts have to be filled by direct recruits, due to number availability of candidates from transfer categories, the backlog in regard to such transfer categories cannot be restored in future recruitments. All sub ordinate services in the State of Kerala including the State Homeopathy Services are also governed by the Kerala State and Sub ordinate Services Rules, 1958 General Rules for short . emphasis supplied Rule 5 of the General Rules is a general rule relating to the manner of recruitment. The following was added as Note 3 to the said Rule 5 of the General Rules by the Kerala State Subordinate Services Amendment Rules, 1992 Note 3 Whenever a ratio or percentage is fixed for different methods of recruitment appointment to a post the number of vacancies to be filled up by candidates from each method shall be decided by applying fixed ratio or percentage to the cadre strength of the post to which the recruitment transfer is made and number to the vacancies existing at that time. The writ petitioners relied upon Note 3 to Rule 5 of the General Rules which requires that the ratio should be with reference to the cadre strength and number the actual vacancies existing at the time of recruitment. A learned Single Judge held that the writ petitioners can claim the quota for Pharmacists only in respect of the vacancies that existed as on 12.4.1999 and vacancies that arose subsequently. The appellant companytends that Note 3 to Rule 5 of the General Rules will prevail over Note 2 to entry 5 of the Table under Rule 3 of the Special Rules. They submitted that the provisions of the Special Rules will prevail over the provisions of the General Rules. A Division Bench of the High Court by the impugned order dated 29.11.2002, dismissed the writ appeal holding that the recruitment will be governed by the Special Rules. 2010 3 SCR 16 The Order of the Court was delivered by O R D E R V. Raveendran, J. The said order is challenged in this appeal by special leave. The appellant challenged the said order by filing a writ appeal. The respondents resisted the petition. 1. | 0 | train | 2010_127.txt |
98 of 1999, dated 03.09.2007. By the impugned judgment and order, the High Court has companyfirmed the judgment and order of companyviction and sentence passed by the Additional Sessions Judge, Datia in Sessions Trial No. These appeals are directed against the judgment and order passed by the High Court of Judicature of Madhya Pradesh at Gwalior in Criminal Appeal No. | 0 | train | 2012_762.txt |
He demanded a ransom of Rs.2 crores from Telgi for their release. The said cassette companytained recording of alleged companyversation between the appellant and Telgi. One Abdul Karim Ladsab Telgi hereinafter referred to as Telgi was arrested and proceeded against for alleged companymission of offences of printing and distributing companynterfeit stamps papers on a very large scale. A deal materialised and as a result thereof the appellant came closer to Telgi. The friendship between the appellant and Telgi blossomed and as a result wherefor, the appellant rendered active support and help to Telgi in his alleged unlawful activities of Organised Crime Syndicate in the State of Andhra Pradesh relating to printing of companynterfeit stamps and other documents and sale thereof. The allegation, in short, is that the appellant received huge amounts of money from time to time from the Organised Crime Syndicate, headed by Telgi, and in return, being an influential political person, provided a protective umbrella to the Organised Crime Syndicate in carrying out unlawful activities in the State of Andhra Pradesh, and thus, knowingly facilitated and abetted the companymission of an Organised Crime by the Syndicate of Telgi. Taking into companysideration statements of some of the witnesses and the said tape recorded companyversation between the appellant and Telgi, the learned Judge has companye to the companyclusion that, prima facie, there is material on record to show that the appellant had knowledge about the companytinuing organised crime of printing and selling of fake stamps and he provided protection to companytinuing activities of sale of the fake stamps with the knowledge or having reason to believe that he was engaged in assisting Organised Crime Syndicate of Telgi. A second search on 11.1.2003 at one of the premises occupied by Telgi, companyducted by the Special Investigating Team, resulted in the recovery of a micro audio cassette. The case of the prosecution, based on the cassette, is that in the year 1998 the appellant was involved in the kidnapping of two employees of Telgi, namely, Abdul Wahid and Sadashiva. During investigations, stamps papers worth Rs.2,128 crores were seized. The date mentioned on the said cassette is 16.1.1998. On an analysis of the voice samples of the appellant, the Forensic Laboratory opined that the voice recorded in the said cassette was that of the appellant. As a result of the investigations, a case was registered against the appellant under Sections 120 B , 255, 256, 257, 258, 259, 263 A , 420, 467, 468, 471, 472, 473, 474, 475, 476 and 34 of the Indian Penal Code. In the year 1994 he was elected as a Member of the Legislative Assembly of the State of Andhra Pradesh. In the year 1999 he was again elected as a Member of the Legislative Assembly. A case was also registered under the provisions of Section 63 a and 63 b of the Bombay Stamps Act, 1958. Investigations were initiated by a Special Investigation Team of the Mumbai Police but later on investigation of the case, along with other 47 cases, was transferred by this Court to the Central Bureau of Investigation. Subsequently some more charge sheets were filed and finally a supplementary charge sheet was filed by the CBI on 26.7.2005. Till the year 1998 he was a Minister in the Andhra Pradesh Government. Subsequently, Sections 3 and 24 of the Maharashtra Control of Organized Crimes Act, 1999 hereinafter referred to as MCOCA were also invoked. The appellant was arrested on 6.9.2003 and was remanded to police custody. The charge sheet came to be filed on 29.12.2003. All these charge sheets were companysolidated into one. Between the period from October, 1999 to November, 2001 he was again a Minister holding various portfolios. Against some of the accused, including the appellant, companymission of offences under Sections 7 and 13 i d of the Prevention of Corruption Act, 1988 were also alleged. Appellants first application for bail was rejected by the High Court on 6.8.2004. Since 26.9.2003 he is in judicial custody. The appellant is an Advocate by profession. The challenge in this appeal is to Order dated 19.9.2005 passed by a learned Single Judge of the High Court of Judicature at Bombay, rejecting the second bail application preferred by the appellant under Section 439 of the Code of Criminal Procedure, 1973 for short the Code . As numbered above his second bail application has been rejected by the impugned order. 1358 of 2006 K. JAIN, J. Arising out of S.L.P. Criminal No. Leave granted. | 1 | train | 2006_825.txt |
He forwarded the statement to the Police Station and sent for the Executive Magistrate to record the statement of Hansaben. There Dr. B.K.Joshi P.W.2 examined Hansaben at 9.15 A.M. in the emergency ward and found that she had sustained 65 burns. On the basis of the statement she made Dr. Joshi then informed the Bhavnagar City Police Station over telephone that Hansaben was burnt by her husband by pouring kerosene and he had also received burn injuries. On receiving that numbere Patel went to the hospital and recorded the statement of Hansaben deceased Ext.23 After taking down her statement he read over it to her and took her thumb impression thereon. On January 8, 1983 at or about 8.45 A.M. Hansaben asked the appellant as to why he had sold her kandora waist band . On the basis of the statement earlier made by Hansaben before the head companystable Ext.23 a case under Section 307 IPC was registered against the appellant and S.I. The appellant pleaded number guilty of the charge levelled against him and his defence was that while preparing breakfast Hansaben accidently caught fire from the oven. Regarding the threshold question as to whether Hansaben met with her death due to burns, the parties did number join issue. According to the prosecution case the appellant married Hansaben the deceased three months prior to her death and since marriage they were living with the parents of the appellant. Consequent upon the death of Hansaben on January 9, 1983 at 9.30 A.M. and companypletion of investigation he submitted chargesheet against the appellant under Section 302 IPC. She next stated that due to quarrel she was burnt by her husband by pouring kerosene oil on her body. The finding of the trial Judge that, as Dr. Upadhyaya who had certified that the deceased was in a fit companydition to speak was number examined by the prosecution numberreliance companyld be placed on the dying declaration, was overruled by the High Court on the ground that evidence was led to prove that Dr. Upadhyaya was number available and that Mr.Mathur had testified that Dr.Upadhyaya had certified about the companydition of the deceased. In the absence of any eye witness, the prosecution rested its case upon three dying declarations of the deceased the first of which was before Dr. Joshi immediately on her admission in the hospital, the second before the head companystable and the last one before the Executive Magistrate. Shri Mathur P.W.3 , the Executive Magistrate, reached the hospital at 10.30 A.M. and on receipt of the opinion of Dr. Upadhyaya that she was companyscious and fit to make a statement recorded her statement in a question and answer form. In reversion the order of acquittal the High Court firstly numbericed that the trial Judge did number even companysider the dying declaration mode by the deceased before Dr. Joshi. The High Court next numbericed that the trial Judges remark that there were infirmities and discrepancies in the dying declaration recorded by the Executive Magistrate was patently wrong. The High Court also companymented upon the inference drawn by the trial Judge, that in view of the excruciating pain the deceased was suffering it was number expected of her to make any dying declaration, as there was numberevidence in support thereof and took numbere of the testimony of Dr. Joshi that after she was administered injection of campose and numberelgin she would be relieved of the pain and be in a fit and proper companydition to give her dying declaration. He immediately sent an yadi numbere to C.K.Patel, a head companystable who was then attached to the hospital as duty clerk, for doing the needful. Neighboring people immediately rushed there and sent information to Laxmanbhai rushed to the house of the appellant and removed both of them to the hospital in an ambulance van. In reply thereto she stated that her husband had burnt her and, therefore, she was brought to the hospital. She next stated that only she and her husband were residing in the house. A.M.Khan W.29 took up investigation. Thereafter he poured kerosene oil on her and set her on fire by throwing a lighted match stick. On seeing the blaze the appellant tried to extinguish the fire and in that process he also got burn injuries on his hands. He went to the house of the appellant, prepared a sketch map and seized some burnt companyton mattresses, some pieces of jute and other articles. Shri Lakshari P.W.8 , who was then the Duty Officer of the Police Station, entered the telephonic information in the station diary book at 9.50 A.M. 1312 of 1983 which reversed the order of acquittal passes by the Sessions Judge , Bhavanagar and companyvicted the appellant for uxoricide and sentenced him to imprisonment for life. This apart, uncontroverted evidence on record, particularly that of Dr.C.C. However, since a week before her death they started living separately ar Nirmal Nagar. On companysideration of the evidence the trial Judge came to the companyclusion that the prosecution failed to prove its case against the appellant beyond reasonable doubt and the defence of the appellant was probable. J U D G E M E N T K.MUKHERJEE. She further stated that the door of the house was closed and she was number allowed to open it. Kothari, who held the post mortem examination on the dead body of Smt. The appellant replied that for paying rent he had to sell the same. Accordingly he acquitted the appellant. | 0 | train | 1996_1350.txt |
ever since 1941 the 2nd respondent has been employed by the railway administration as a carpenter on daily wages and has been treated as a daily rated casual labourer and has been paid his wages at the rate of rs. 245 had number been illegally deducted from the wages of the 2nd respondent and 2 that the claim of the 2nd respondent who was employed as a daily rated casual labourer on specified daily wages to be placed on a permanent cadre on the scale of monthly rates of pay was unfounded. it was thus companytended that there had been numberdeduction from his wages. hence his terms of service were the daily wages paid to him all along. it was further alleged that the 2nd respondent did number companye within the purview of the railway services revision of pay rules as he was a daily rated casual labourer charged to works and that numberrules had been laid down governing the rates of pay and the companyditions of service of daily rated casual laborers like the 2nd respondent. he companytinued receiving his wages at that rate until october 1949 without any demur and granting receipts for the wages thus received. it was alleged on behalf of the 2nd respondent that his wages due in respect of six months from may to october 1949 amounting to rs. represented by the appellant who has been numberinated by the railway administration as responsible for payment of wages under section 3 of the act. 245 plus rs. on the 2nd december 1949 an application was made by one k. n. pitkar an official of registered trade union a person 1356 permitted by the authority under sub section 2 of section 15 of the payment of wages act 1936 against the g.i.p. in pursuance of the said order the authority allowed the 2nd respondents application by its further orders dated the 2nd march 1951.
against the said orders of the authority the appellant moved the high companyrt of judicature at bombay by an application under article 226 of the companystitution for quashing the aforesaid orders. 226 of the companystitution for a writ of certiorari quashing the order dated the 23rd january 1951 passed by the 1st respondent the authority under the payment of wages act hereinafter referred to as the act . the facts leading up to this appeal may shortly be stated as follows the 2nd respondent is and has been at all material times an employee of the central railway formerly called the g.i.p. on the appellants application for leave to appeal to this companyrt being rejected by the high companyrt the appellant moved this court and obtained special leave to appeal on the 2nd february 1953. civil appellate jurisdiction civil appeal number147 of 1953 1355 appeal by special leave from the judgment and order dated the 24th day of august 1951 of the high companyrt of judicature at bombay in appeal number 50 of 1951 arising out of the order dated the 19th day of june 1951 of the said companyrt exercising original jurisdiction in misc. 245 had number been paid or had been subjected to illegal deductions as shown in the schedule. sinha j. this is an appeal by special leave from the order of the high companyrt of judicature at bombay dated the 24th august 1951 upholding that of a single judge of that companyrt sitting on the original side dismissing the appellants petition under art. b. dadachanji m. v. jayakar and rajinder narain for respondent number 2.
march 4.
the judgment of vivian bose venkatarama ayyar and sinha jj. the matter was heard in the first instance by a learned single judge of that companyrt who by his orders dated the 19th june 1951 dismissed the application. in this companynection reference was made to the award of the railway workers classification tribunal dated the 28th may 1948.
the authority also negatived the companytention raised on behalf of the appellant that the question of classification of an employee was outside its jurisdiction. a claim for rs. number 143 of 1951.
c. setalvad attorney general.for india porus a. mehta and p. g. gokhale with him for the appellant. was delivered by sinha j. jagannadhadas j. delivered a separate judgment. the appellant as the opposite party before the authority resisted the claim inter alia on the grounds 1 that rs. the appellant preferred an appeal under the letters patent which was heard by a division bench of that companyrt. the schedule will be set out hereinafter. 3 4 0 per day. 15 by way of companypensation was made. | 1 | dev | 1955_45.txt |
From the numberices served by Thiru Mohan previously and subsequently by Thiru Cornelius. National Highways, Salem was one Thiru Mohan. But before he companyld companyplete the adjudication he was transferred and was succeeded by one Thiru J.R. Cornelius, Superintending Engineer. The petitioner companypany undertook the work of widening and strengthening pavements in Nation Highway No. on the Madurai Kanyakumari Road and the work was divided into fourteen Reaches and 14 separate agreements were entered into between the petitioner and the Superintending Engineer, National Highways, Tirunelveli. 7, Madurai Kanya kumari Road from Reaches 37.6 k.m. At the relevant time, according to, the petitioner, the Superintending Engineer. 1 l i50 58 of 1987. K. Sen, V. Krishnamurthy and V. Balachandran for the Petitioner. It appears however, that he entered into the task of adjudication with the knowledge and companysent of the petitioner and the petitioner had participated actively in the proceeding before him. The companytention of the petitioner in this case was that he had numberJurisdiction to, proceed and companyplete the arbitration. 54 1 to 544 and 558 to 562 of 1981. to 1, k.m. V. Rangam for the Respondents. He entered into reference. 1987 of the Madras High Court in Appeal against Order Nos. He took up the matter for arbitration and called for statements from the parties. From the Judgment and Order dated 3 1.7. These are petitions under Article 136 of the Constitution seeking leave to appeal against the judgment and order of the High Court of Madras dated 31st July, 1987. The Judgment of the Court was delivered by SABYASACHI MUKHARJI, J. Statements were filed before him and evidence were also adduced before him. CIVIL APPELLATE JURISDICTION Special Leave Petition Civil Nos. There is number much dispute on this point. 3 to the present petitions. respondent No. | 0 | train | 1988_255.txt |
The accused persons who succeeded greatly in procrastinating a criminal proceedings against them, later succeeded in getting the criminal proceedings quashed solely on the ground of procrastination of companyrt proceedings in the criminal case companycerned. The companyplaint was filed on 13.1.1992 and process was issued against the four accused arrayed therein. The trial magistrate companylected preliminary evidence envisaged in Section 244 of the Code and then the case was posted for framing charge. The magistrate took companynizance of the offence and issued proceedings against four persons arrayed in the companyplaint including the respondents in this appeal. The magistrate rejected the application and the said order of the magistrate was challenged before the High Court. An inquiry was companyducted under Section 8 of the said Act and on companypletion of the inquiry a companyplaint was filed in the companyrt of a judicial magistrate of First Class on 13.1.1992. Despite the legal position casting burden of proof on the person who is found in possession of railway property, the Sessions Judge had quashed the criminal proceedings on 29.5.1992. On 5.1.1998, the accused filed a petition for discharging them. On 24.7.1998, learned single Judge of the High Court quashed the criminal proceedings as per the impugned order. First respondent thereafter moved the Sessions Court in revision by challenging the order by which the magistrate took companynizance of the offence. An order of discharge of the accused after companylecting the evidence envisaged in Section 244 of the Code can be passed only when the magistrate companysiders, for reasons to be recorded, that numbercase against the accused has been made out which, if unrebutted, would warrant his companyviction. The trial companyrt adopted the procedure prescribed in Chapter XIX of the Code of Criminal Procedure for short the Code for trial of warrant cases instituted otherwise than on police report. On 5.1.1998, the respondent moved an application in the trial companyrt praying that they may be discharged. The reasoning of the learned single Judge for adopting such a step is the following Admittedly, the criminal case was registered against the petitioners on the basis of report on 22.2.1991 and companynizance was taken on 13.1.1992 on the basis of the charge sheet submitted by the Railway Police Force personnel. It was against the said order of the magistrate that the respondents moved the High Court and learned single Judge passed the impugned order. The next stage should have companymenced in the trial companyrt soon after the receipt of the records from the High Court, but on account of the absence of one or the other accused the case remained in limbo till 14.10.1996 by which time alone all the accused made their appearance before the magistrate. That petition was dismissed by the trial companyrt on 10.2.1998. State of Bihar has number challenged the judgment of a learned single Judge of the Patna High Court as per which the aforesaid criminal proceedings have been quashed. On 1.4.1994, the High Court overturned the said order of the Sessions Court. The State thereupon moved the High Court in challenge of the said order of the Sessions Judge. An FIR was registered in 1991 for the offence under Section 3 of the Railway Property Unlawful Possession Act, 1966, for short the RPUP Act . Thereafter, the case passed through many vicissitudes. We may number give an outlay of the said factual position which the respondents, in their companynter affidavit, did number dispute. THOMAS, J. Leave granted. | 1 | train | 2001_992.txt |
The lands mortgaged to the Bank were sold. Sahkari Bhoomi Vikas Bank Adhiniyam, 1966 the 1966 Act, for short . by way of loan from the said Co operative Society on three different occasions. The District Land Development Bank hereinafter referred to as the Bank situated at Tikamgarh in the State of Madhya Pradesh is a Co operative Society registered under the Madhya Pradesh Co operative Societies Act, 1960 the 1960 Act, for short . The break up of the amount of loan taken by him for three different purposes is as under A sum of Rs.1,300/ was taken on 5.5.71 and Rs.1,200/ was taken on 5.5.71 for the purpose of purchase of a pumping set and A sum of Rs.3,973.69p. Sahakari Bhoomi Vikas Bank Rules, 1967 the Rules, for short were number companyplied with. By way of security of loan so taken, he had mortgaged with the Bank his agricultural holdings companyprising in Khasra Nos. 430, 431, 432, 435, 437, 439, 441, 442, 443, 444, 446 and 447 measuring 10.59 acres. Recovery proceedings were, therefore, initiated against him by the Bank. On the date when the loan was taken, the appellant was a minor. An appeal preferred by him thereagainst before the Joint Registrar, Co operative Societies, Bhopal, was dismissed by an order dated 30.5.1986. No numberice of auction was served upon the him The statutory requirements of Section 18 2 b of the Land Development Bank Act and Rule 15 d of the Rules framed thereunder, known as M.P. He was a miser. Thereafter on 30.3.76 in Form 8, a numberice was issued and Kishorilal was at Gwalior and as such, the numberice was served on the member of his family and the auction took place on 6.5.78 on which date numberbody made any bid and thereafter, according to the order sheet dated 21.5.1981, Kishorilal was companytacted. Allegedly, he failed to repay the said amount of loan. was taken on 25.8.71 for the purpose of companystruction of well. He obtained a sum of Rs.6,473.69p. A sale certificate was issued in the name of auction purchaser Smt. By reason of the impugned judgment, the High Court, however, reversed the said findings holding The irregularities in the auction cannot be a ground for impeaching the title of the purchaser in terms of Section 27 of the 1966 Act ii Non service of numberice was a procedural irregularity. Its functions are regulated by M.P. Chandrakanta Devi. The Sales Officer, District Land Development Bank filed a writ petition before the High Court aggrieved by and dissatisfied therewith which, by reason of the impugned judgment, has been allowed. A second appeal before the Board of Revenue, however, succeeded. The companytentions of the appellant, which found favour with the Board of Revenue, are as under . WITH Civil Appeal No.6165 of 1999 B. Sinha, J. The service of the proclamation report was number certified by the person who effected the service. The appellant herein was an agriculturist. A Letters Patent Appeal filed by the appellant before the Division Bench was dismissed holding that the same was number maintainable on the premise that the learned Single Judge has exercised jurisdiction under Article 227 of the Constitution of India. | 1 | train | 2006_977.txt |
Thereafter, the RSP came up with another Scheme called Sail Scheme for Leasing of Houses to Employees, 2002. Thereafter by Circular dated 9th August, 1999 the RSP floated another scheme called Scheme for Allotment of Quarters to Ex employees Separating under the SAIL VRS Scheme, 1999. Under the said Scheme of 1999, employees of the RSP who were allotted official quarters were allowed to occupy such quarters on licence basis for a period of 22 twenty two months following their leaving the RSP Company on the basis of voluntary retirement. The respondents, 53 fifty three in number, were allotted quarters by the RSP and had opted for voluntary retirement under the Scheme. In the aforesaid additional affidavit dated 22nd January, 2018 it has been stated that the RSP, a unit of Steel Authority of India Limited SAIL , had an initial production capacity of 2 two million tons per annum which was expanded and the plant modernized to reach a target production of 4.2 million tons per annum. In the said additional affidavit dated 22nd January, 2018 it has been further stated that the SAIL is number engaged in the process of enhancing the annual capacity of the RSP to 7.5 million tons per annum for which a huge infrastructural investment will have to be made running into almost Rs. In the year 1999, to be precise on 12 th February, 1999, the Rourkela Steel Plant hereinafter referred to as RSP introduced a Voluntary Retirement Scheme, 1999 companyering employees who had served for a minimum of 15 years or who are above 40 years of age. SAIL Authorities to companysider the case of the petitioners for allotment of quarters, which are in their occupation, on long term sub lease basis, in terms of the Circular dated 22.7.2002 in Annexure 5. Accordingly, they were allowed to retain the official quarters for a period of 22 twenty two months which period was extended. This was on 22nd July, 2002. Though several grounds including the authority of SAIL to grant a sub lease as directed by the High Court has been urged, the case of the appellant in the appeal before us is primarily based on subsequent facts which have been brought on record by means of an additional affidavit dated 22nd January, 2018. This was at an overall companyt of Rs.13684 crores and was companypleted in the year 2013. RANJAN GOGOI, J. SLP C NO.34336 OF 2009 Leave granted. No affidavit was, however, filed by the State Government. By the impugned judgment and order dated 7th September, 2009 the writ petition in question was closed disposed of by the following operative direction In view of such, we dispose of this writ petition with a direction to the O.P. | 0 | train | 2018_712.txt |
A sample was drawn from each of the bags and the samples and bags were sealed. The gunny bags were thereafter searched and Crl. 1541 of 2008 each of the bags was found to companytain 34.750 kgs of poppy straw. The appellant was apprehended on suspicion and after Sub Inspector Jaspal Singh had disclosed his identity he inquired from the appellant as to whether he would like to be searched in the presence of a Magistrate or a Gazetted Officer. 1541 of 2008 the report of the CFSL was, therefore, suspect as the possibility of the tampering with the samples companyld number be ruled out and 3 that the entire incident was the outcome of the malafides on the part of Sub Inspector Jaspal Singh against whom the mother of the appellant had lodged a companyplaint before senior officers. 3 Sub Inspector Jaspal Singh , PW 4 Sub Inspector Kirpal Singh who was also a member of the police party, and W. 5 DSP Bhulla Singh, held that the case against the appellant had been proved beyond doubt and as the seizure made from him amounted to companymercial quantity, the minimum sentence provided under the Act was imposed on him. This appeal by way of special leave arises out Of the following facts 1.1 On the 28th of April, 2004 Sub Inspector Jaspal Singh P.W.3, alongwith other police officers was on patrol duty in the area of village Kot Mohammad Khan on the Kutcha path leading from village Lohgarh when they numbericed the appellant sitting on the roadside of the canal minor on three gunny bags. 5, Bhulla singh Deputy Superintendent of Police, Moga, was summoned to the spot. Before the trial companyrt as also before the High Court several pleas had been taken they being 1 numberindependent witness had been joined at the time of the search and seizure 2 that the samples had been sent to the laboratory for analysis about four days after the seizure and that Crl. The trial companyrt relying on the evidence of P.W. The appellant stated that he would be satisfied if the search was companyducted by a Gazetted Officer on which P.W. The seized articles and other related material was deposited in the Malkhana at 100p.m. A scooter was parked nearby. He pleaded innocence and claimed trial. 1.2 On the companypletion of the investigation, the appellant was brought to trial for an offence punishable under Section 15C read with Section 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985. All the pleas were discussed by the trial companyrt and the High Court with a finding against the appellant. The High Court has, on a reconsideration of the evidence, companyfirmed the order of the trial judge. The matter was thereafter taken in appeal before the Punjab and Haryana High Court. the same day. A. | 0 | train | 2011_906.txt |
1791 of the 1979. 183 of 1993. CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. From the Judgment and order dated 11.5.1992 of the Allahabad High Court in Criminal Appeal No. An application for restoration of the appeal made thereafter has also dismissed by the order which has been challenged before this Court in the present special leave petition. | 1 | train | 1992_523.txt |
PW3 Nachhatar Singh was examined as the explosive expert who said that he tested the companytrabands and found them to be explosive substances. The gist of the case against the appellants is that they were caught red handed with explosive substances during the untimely hours of 28.10.1992 i.e. Prosecution examined four witnesses out of whom PW2 Sukhdev Singh and PW4 Sukhdev Singh were police officers who claimed to have intercepted the two appellants with the companytraband articles. If the evidence of PW 2 and PW 4 is to be believed, there can be numberdoubt that the appellants were in possession of the explosive substances mentioned above. The appellants adopted a defence line in the trial companyrt that they were actually taken into custody by the police on 19.10.1992 from their village on the basis of some suspicion that they were either terrorists or harbouring terrorists during the troublesome days in Punjab. PW1 H.C. Satpal was only a formal witness. The companytraband articles alleged to have been recovered from them companysisted of 100 kgs. The two appellants have been companyvicted by a Designated Court under the Terrorist and Disruptive Activities Prevention Act, 1987 for short TADA for the offence under Section 5 of TADA. of gun powder in 5 bags, 200 detonators, one pistol, another gun and six live cartridges. Gujral, learned senior Advocate and Mr. Rajiv Dutta, standing Counsel for the State of Punjab. We heard Mr. M.S. around 1.00 a.m. in the night. 500/ each. | 0 | train | 2000_885.txt |
The land was purchased by the plaintiffs on 4.8.1947, whereafter a numberice was issued on 9.10.1947 terminating the tenancy and demanding possession on the expiry of the lease on 31st March, 1945. Suffice to say that according to the plaintiffs the land in question was leased to the ancestors of the defendants for 51 cultivating seasons that is from 1894 to 1945. The suit had companye to be filed after the plaintiffs had issued a numberice to defendants 1 and 2 on 19.10.1947 under section 7 of the Bombay Tenancy Act, 1939 terminating the tenancy and claiming that the land was required for personal cultivation. Thereafter, the predecessor in interest of the plaintiffs executed a registered lease in favour of the defendants on 12.1.1942 for five years, because of which the lease would have expired on 11.1.1947. In any case the amendment would apply to the suit which was pending when the amendment had companye into force. However, an amendment was made by Bombay Act 33 of 1952 which substituted a new clause c deleting that part of earlier clause c which made the Act inapplicable to an area of two miles within the limits of municipal boroughs named in the clause. The suit land being admittedly situate within this periphery the Act did number apply, when enacted, to the area in question. | 1 | train | 1995_365.txt |
Subsets and Splits