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the assessment proceeding for the purpose of levying property tax was initiated under the provisions of the madhya pradesh municipalities act 1961 m.p.
by the impugned judgment a division bench of the high companyrt rejected the companytentions raised by the petitioners including the challenge to the companystitutional validity of the proviso to section 127 a 2 and companyfirmed the assessment order of the municipality and dismissed the writ petition.
the municipality purporting to invoke the proviso to the section 127 a 2 of the act aggregated the annual letting value of all the buildings and levied property tax on the deemed annual letting value so aggregated.
on a revision petition being filed by the municipality the district judge raigarh allowed the revision set aside the order of the appellate authority and companyfirmed the order of assessment made by the concerned authority.
act number 37 of 1961 hereinafter referred to as the act by the municipal companyncil raigarh respondent number2 herein.
thereafter one of the petitioners in the writ petition mathuram agrawal filed this appeal challenging the judgment of the high companyrt.
feeling aggrieved by the levy and companylection of property tax in the manner aforementioned the appellant and respondents 4 to 7 preferred appeal under section 139 of the act before the civil judge class ii raigarh.
v. president municipal companymittee mungaoli 1990 m.p.l.j.
the assessment order was followed by the demand numberice.
they also challenged the companystitutional validity of the proviso to sub clause b of section 127 a 2 of the act.
the high companyrt placed reliance mainly on the decision of this companyrt in administrator municipal corporation bilaspur v. dattatraya dahankar advocate and anr.
1999 4 suppl.
the appellant and the respondents 4 to 7 filed the writ petition in the high companyrt of madhya pradesh challenging the order of assessment inter alia on the grounds that it was number in companyformity with the provisions of the act.
the appellate authority allowed the appeal and quashed the assessment order and the demand numberice.
taking numbere of the said submission the bench passed the order dated 13.2.95 relevant portion of which reads as follows in view of the companystruction made by a bench of three learned judges in the above quoted decision the question of companysidering the companystitutional validity of the provision does arise.
scr 195 p. mohapatra j. this case calls in question the vires of proviso to clause b of sub section 2 of section 127 a of madhya pradesh municipalities act 1961 for short the act and the levy and companylection of property tax in respect of the buildings owned by the appellant.
when the case was taken up by a bench of two learned judges of this companyrt a submission was made on behalf of the petitioner that in the light of the decision of this companyrt in the case of administrator municipal companyporation bilaspur supra decided by a bench of three learned judges of this companyrt construing section 127 1 2 of the act the question as to the constitutional validity of that proviso arises for companysideration.
the relevant facts of the case shorn of unnecessary details may be stated as under the appellant and respondents 4 to 7 are joint owners of 13 separate items of house properties bearing number 56/2 1 to 56 2 /13 situated in ward number 15 of raigarh municipal area.
| 1 | test | 1999_721.txt |
By filing the reply the respondents have prayed to dismiss the companytempt application with exemplary companyts.
In the alternative, it is claimed by the petitioners that even if the premium is to be calculated, the same works out at Rs.28 crores as against Rs.128 crores, which is calculated by the respondents and, therefore, by imposing premium the respondents have brushed aside the directions issued by this Court for which appropriate action should be taken against them.
4, i.e., the Maharashtra Government, had approved additional FSI of 3.67 on the net plot area subject to payment of premium at 25 for first 100 additional FSI, 50 for second 100 additional FSI and 100 for remaining additional FSI.
1627 of 2007 and prayed 1 to declare that the application submitted by them on December 26, 2005 to the Municipal Corporation of Greater Mumbai to give permission to develop the land in question stands granted in view of Section 45 5 of the Maharashtra Regional and Town Planning Act, 1966, 2 in the alternative to direct the respondents to grant forthwith their application for permission to develop land referred to above with additional FSI of 3.73 times the FSI permissible under Rule 10 2 of the D.C. Rules, 1967 and 3 to direct the respondents to allow them to proceed with the development of their plot mentioned above for companystruction of luxury hotel by utilization of additional FSI of 3.73 times the FSI permissible on the said plot as per D.C. Rules, 1967.
The assertion made by the petitioners is that they are entitled to FSI of 6.29 on gross plot area as per Rule 10 2 of D.C. Rules, 1967, but the respondents have approved additional FSI of 3.67 times of net plot area, which is companytrary to the directions issued by this Court in the above numbered appeal.
This Court has heard the learned companynsel for the parties at length and companysidered the documents forming part of the instant application.
The respondents have stressed in the reply that in Civil Appeal No.
Moreover, it is stated by the respondent in paragraph 10 of the reply that the decision to grant additional FSI of 3.67 over and above the basic permissible 1.33 companyes to 93.06.
1 and 2 are the companypanies incorporated under the provisions of the Companies Act, 1956.
In view of abovereferredto companyclusions the appeal was partly allowed and the State Government was directed to take a decision on the application submitted by the petitioners seeking permission to develop their plot on the basis that the provisions of D.C. Rules, 1967 were applicable and decide the application submitted by the petitioners in the light of recommendations made by the Competent Authority as well as the fact that other hotels, as pointed out by the petitioners, were also granted more FSI than 1.33 permissible under Rule 10 1 of the D.C. Rules, 1967.
In paragraph 11 of the reply the respondents have tried to justify the premium of Rs.128.06 crores sought to be charged from the petitioners and pointed out that the hotel of the petitioners, which is situated in C Ward as per D.C. Rules, 1991, is number entitled to more FSI than granted by the Government of Maharashtra vide order dated April 22, 2008.
Therefore, the reservation on the plot lapsed on December 16, 2005 under the relevant provisions of M.R.T.P. Act.
According to them, they were entitled to additional FSI of 3.73 times the FSI in addition to 1.33 FSI allowable on the said plot.
The High Court, by judgment dated August 13, 2007, refused to grant the reliefs claimed by the petitioners, but directed the Government to take a decision on the application filed by the petitioners within 6 weeks from the date of order and companymunicate the order so passed to them.
The Ministry of Environment and Forests had issued Notification I on February 19, 1991 under Sections 3 1 and 3 2 v of the Environment Protection Act, 1986 and Rule 5 3 d of the Environment Protection Rules, 1986, declaring companystal stretches as Coastal Regulation Zone CRZ and regulating activities in the said zone, as a result of which the plot belonging to the petitioners falls within the CRZ II.
The petitioner Nos.
As is clear from the directions issued by this Court vide judgment dated December 14, 2007, rendered in Civil Appeal No.
5 informed the petitioners that the respondent No.
It is averred in the reply that as far as Taj Mahal Hotel is companycerned the same was number located in the Backbay Reclamation Area and, therefore, base FSI was taken to be 2.45 and additional FSI of 2.28 was granted.
The case of the petitioners was that the planning authority did number companymunicate its decision to them as to whether the permission sought for was granted or refused within 60 days from the date of receipt of the application and, therefore, they were entitled to a declaration that the permission was deemed to have been granted in terms of Section 45 5 of the M.R.T.P. Act.
The petitioner No.
The plot admeasures approximately 8983 square meters.
4 and 5 to pass necessary orders in the light of the directions given by this Court in the above numbered appeal.
The petitioner No.
On a clarification sought by the State Government from Ministry of Environment and Forests, the Union of India informed the Principal Secretary, Urban Development Department, Government of Maharashtra, that the D.C. Rules as existed on February 19, 1991 would apply to the areas falling within the CRZ Notification and number the Draft Regulations of 1989.
Under the circumstances it becomes evident that the additional FSI of 3.67 granted to the petitioners is much more than the additional FSI granted to the other hotels.
What is claimed by the petitioners is that the petitioners are number liable to pay any premium at all as other hotels were granted additional FSI without payment of premium to the Government and, therefore, the respondents should be hauled up for willful disobedience of the directions issued by this Court.
As pointed out by the respondents the base FSI was 3.5 in cases of Hotels Hilton Tower, Oberoi and President as those hotels were located in Backbay Reclamation Area of A Ward and Hilton Towers was granted additional FSI of 1.95, Oberoi was granted additional FSI of 1.00 and Hotel President was granted additional FSI of 0.82.
The Municipal Corporation, therefore, decided number to purchase the said plot of land.
This Court, by judgment dated December 14, 2007, held 1 that the D.C. Rules of 1967 would be applicable to the facts of the case, 2 the petitioners were entitled to use the plot in question for companystruction of a hotel, 3 the petitioners would be entitled to be granted more FSI than 1.33 in view of the numberms set out in D.C. Rules of 1967, 4 the petitioners were number entitled to a declaration that the permission applied for was deemed to have been granted to them as the planning authority had failed to indicate its decision within 60 days from the date of receipt of the application, and 5 the respondents cannot be directed to grant the permission to develop their plot with demanded FSI but the respondent State should be directed to exercise discretion vested in it under Rule 10 2 of the D.C. Rules, 1967 after taking into companysideration the relevant material including the fact that other hotels were in past granted additional FSI.
On February 21, 2007 the Ministry of Environment and Forests granted environmental clearance to the petitioners for companystruction of a residential hotel and companymercial project subject to the terms and companyditions set out therein.
According to the respondents the Chief Engineer Development Plan , MCGM had requested the Government by letter dated December 31, 2005 to grant additional FSI, but neither MCGM number Municipal Commissioner had recommended grant of additional FSI of 3.73 times of permissible FSI of 1.33 and, therefore, the present companytempt application should be rejected.
By letter dated April 22, 2008, the respondent No.
Under the circumstances the petitioners have filed the instant companytempt application and claimed reliefs to which reference is made earlier.
It was the case of the petitioners that on December 31, 2005, the Municipal Corporation submitted a proposal to the Principal Secretary, Urban Development Department, Government of Maharashtra recommending, inter alia, to grant additional FSI as prayed for by the petitioners.
Under the provisions of the Maharashtra Regional Town Planning Act, 1966 M.R.T.P. Act for short the Municipal Corporation found that the land was encumbered with residential as well as companymercial structures and the companyt of purchase would be roughly about Rs.13.6 crores, which was very high.
The petitioners have claimed that they made an application on December 17, 2007 to the respondent Nos.
The petitioners submitted the plans to develop the land in question by companystructing a luxury hotel in terms of D.C. Rules of 1967 on December 26, 2005.
1 caused a purchase numberice to be served upon the municipal authorities on June 16, 2005.
The petitioners companytend that as the other hotels were granted additional FSI over and above the FSI of 1.33 permissible under the Rules, the decision to grant additional FSI of 3.67 on the net plot area is in breach of the directions issued by this Court.
As explained by the respondents the Chief Engineer Development Plan , MCGM had requested the Government vide letter dated December 31, 2005 to grant additional FSI, as demanded by the petitioners, but neither MCGM number Municipal Commissioner had recommended for grant of additional FSI of 3.73 times of permissible FSI of 1.33.
5948 of 2007, decided by this Court on December 14, 2007, there was numberspecific mandamus issued directing the respondents to grant FSI of 6.29 to the petitioners number specific prohibition was issued number to charge premium on the additional FSI and, therefore, the order dated April 22, 2008, passed by the Government of Maharashtra, should number be treated as companytemptuous at all.
2193 P of Bhuleshwar Division at Dr. Babasaheb Jaykar Marg, Thakurdwar, Mumbai.
The plot was reserved for play ground of municipal primary school and secondary school as well as for D.P. Road.
In exercise of rule making power companyferred by the M.R.T.P. Act, the State Government had framed Development Control Rules, 1967 the D.C. Rules for short .
In the alternative, it was their case that in terms of the amended D.C. Rules of 1967, the Competent Authority, with the previous approval of the Government, had authority to permit the person who had applied for permission to exceed floor space indices in respect of buildings of educational and medical relief institutions as well as Government and semi Government offices and luxury hotels and as the Taj Mahal, Oberoi, Sea Rock, President, Ambassador amongst other hotels were granted benefit of additional FSI under Rule 10 2 of D.C. Rules, 1967, they were also entitled to additional FSI of 3.73 than the permissible FSI of 1.33 available under the relevant Rules.
The petitioners have filed rejoinder affidavit reiterating what is averred in the companytempt application and, therefore, this Court does number deem it fit to deal with the same in detail.
Feeling aggrieved the petitioners had filed the above numbered appeal before this Court.
4 asked the petitioners to pay the premium to the Government as well as to the Municipal Corporation of Greater Mumbai and informed that on payment of the amount of premium, the order for grant of additional FSI would be companymunicated to Municipal Corporation of Greater Mumbai.
Incidentally, it may be mentioned that the Draft Regulations of 1989 came into force on February 20, 1991.
5948 of 2007 requiring the State Government to take a decision on the application submitted by the petitioners seeking permission to develop their plot on the basis that the provisions of D.C. Rules, 1967 were applicable and decide the said application in the light of the recommendations made by the Competent Authority as well as the fact that other hotels, as pointed out by the petitioners, were granted more FSI than 1.33 permissible under Rule 10 1 of the D.C. Rules, 1967.
The petitioners thereupon desired to develop the plot for companystruction of a luxury hotel.
M. Panchal, J. By filing the present companytempt petition, the petitioners have prayed to take action against the respondents, who, according to them, have number implemented number acted according to the judgment of this Court dated December 14, 2007, rendered in Civil Appeal No.
Under the circumstances the petitioners invoked extra ordinary jurisdiction of the High Court of Judicature at Bombay under Article 226 of the Constitution by filing Writ Petition No.
2 owns a plot of land bearing CTS No.
According to the petitioners, the respondent No.
5948 of 2007, the prayer made by the petitioners to direct the respondents to grant FSI of 6.29 was specifically refused and the State Government was directed to decide the application submitted by the petitioners for sanction of the plans in the light of the provisions of D.C. Rules, 1967.
were companycerned, as those hotels were located in Backbay Reclamation Area of A Ward and in addition to the base FSI, Hilton Tower was granted additional FSI of 1.95, Oberoi Hotel was granted additiona FSI of 1.00 and Hotel President was granted additional FSI of 0.82 whereas in the case of Taj Mahal Hotel the base FSI of 2.45 was taken because it was number located in the Backbay Reclamation Area and the said hotel was granted additional FSI of 2.28 and, therefore, the claim of the petitioners that on the basis of additional FSI granted to the abovenamed hotels, the petitioners were entitled to FSI of 6.29 has numberbasis at all.
| 0 | train | 2008_1831.txt |
From the Judgments and Orders dated 10.1.79 , 28.9.79 , P 16.1.79 , 26.4 79 , 27.9.79 , 15.1.79 , 8.1.79.19.4.79 , of the Punjab and Haryana High Court in C.W.P. Nos.
206 , 2861 , 250 , 320 , 1607 , 3548 , 379 , 769 1280 of , 979 and 1476 1483 Of 1985.
But litigants , particularly those who are in a position to companymand funds arc rarely deterred by such unanimity of judicial opinion.
The Full Benches of the High Courts of Andhra Pradesh , Karnataka , Punjab and Haryana and a Division Bench of the Patna High Court 1 have upheld the validity of such provisions.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
11 So , several Co operative Societies of Punjab have chosen to prefer appeals to this Court questioning the vires of sec.
G K. Ranamurthi , R.C. Pathak , Arvind Kumar , Mrs. Laxmi Arvind , Miss K. V. Lalitha , Arun Madan , Sarwa Mitter , Manoj Swarup and Miss Lalita Kohli , for the appearing Appellants.
Considering next the question whether the new Board was a companyporation , the companyrt had numberdifficulty in answering the question with reference to sub section 2 of section 3 which stated that the Board shall be a body companyporate having perpetual succession and companymon seal and shall by the said name sue and be sued.
4327/78 , 3430/79 , 4713/78 , 4937/78 , 1345/79 , 3217/79 , 5121/78 , 24/78 , 5195/18 , 4340/78 , 4613178 , 4793178 , 41J3/78 , 4386/78 , 4545/18 , 4585/18 and 1257/79.
| 0 | train | 1985_102.txt |
167 and 170 being described by the plaintiffs themselves as joint family property.
One Dattatraya Govind Kulkarni, husband of plaintiff No.
12,000/ by making an application Exhibit 129 accompanied by prescribed form, Ext.
53 and at this partition the suit land with its sub divisions came to the share of the plaintiffs and therefore, the father had numbersaleable interest in the suit land and it companyld number have been sold at a revenue auction for recovering the personal debt of the father.
D. Bal, P. H. Parekh and M. Mudgal for the Respondent.
R. Lalit, V. N. Ganpule and Mrs. V. D. Khanna for the appellant.
With these findings the appeals were dismissed.
129 that accompanied the prescribed form it was stated that wells have to be sunk to bring barren land under cultivation.
Appeals by Special Leave from the Judgment and Order dated 10/11/10/1974 of the Bombay High Court in First Appeal No.
So companytending, the plaintiffs brought an action for a declaration that the sale is number binding upon them and possession may be restored to them.
128 on 7th February, 1949.
Following the decision of the trial Court, the reference under s. 30 of the Land Acquisition Act was answered in favour of the plaintiffs respondents and the defendant preferred First Appeal No.
487/1 to 487/6 situated at Shirwal Peta Khandala from the appellant defendant.
The plaintiff stated that prior to the date of auction there was a partition between the father and his sons on 6th July, 1956 evidenced by Ext.
173 of 1966 to the High Court.
165, 166, 167, 170 and 172.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
As both the appeals arise from a companymon judgment, they were heard together and are being disposed of by this companymon judgment.
Thereupon the appellant preferred the present two appeals.
The Judgment of the Court was delivered by DESAI, J. These two appeals by special leave arise from a suit filed by the respondents plaintiffs for recovering possession of land bearing Survey Nos.
Facts necessary for appreciating the point of law canvassed in these appeals lie within a narrow companypass.
1 and father of plaintiffs 2 to 6 had borrowed a Tagai loan of Rs.
160 of 1966 was preferred by the defendant to the High Court of Bombay.
The loan was advanced and the borrower failed to repay the loan as per the stipulations.
2084 2085/74.
During the pendency of this suit a portion of the land in dispute was acquired under the Land Acquisition Act and as both the plaintiffs and the defendant laid a claim to companypensation, a reference was made under section 30 of the Land Acquisition Act for determining the eligibility for the amount of companypensation.
167 and 170 and he offered as security the lands bearing Survey Nos.
Both the appeals were heard together and by its judgment dated 10/11 October, 1974 a Division Bench of the High Court dismissed both the appeals with companyts.
In the application Ext.
The trial Court decreed the plaintiffs suit and First Appeal No.
A revenue recovery proceeding was companymenced and as by the sale of the land offered as security the Government companyld number reimburse itself the total amount outstanding, a proclamation of sale was issued and ultimately the suit land was auctioned and it was purchased by the defendant and the sale in his favour was companyfirmed and he was put in possession on 20th May, 1960.
160 and 173 of 1966.
In other words, the loan was for improvement of the land.
The loan was borrowed for companystructing wells in Survey Nos.
| 1 | train | 1978_206.txt |
he also companyplained in this explanation that the enquiry was vitiated by the fact that he had number been permitted to cross examine.
the respondent then filed the application out of which the present appeal arises in the high companyrt of punjab for an appropriate writ to quash the order of dismissal dated september 16 1954 for the reason that there was numberproper enquiry.
byrne gave numberice to the respondent that there would be an oral enquiry and pursuant thereto witnesses were examined on april 20 1953 and the following days and the hearing was companycluded on april 27 1953.
appeal by special leave from the judgment and order dated january 31 1956 of the circuit bench of the punjab high court at delhi in civil writ number 243 d of 1954.
on this a companymunication was issued to the respondent on august 29 1953 wherein he was informed that it was provisionally decided that he should be dismissed and asked to show cause against the proposed action.
on march 28 1953 the respondent received a numberice from the secretary to the ministry of companymerce and industry charging him with aiding and abetting sri bhan in offering illegal gratification to sri tawakley and attempting to induce sri tawakley to accept the gratification offered by sri bhan and in support of the charges there were detailed.
the police thereafter decided to set a trap for the respond ent and it war accordingly arranged that sri tawakley should meet by appointment sri bhan and the respondent in the kwality restaurant in the evening on march 24 1953.
j. byrne joint chief companytroller of imports and exports.
purshottam tricumdas t. s. venkataraman and k. r. chaud hury for the respondent.
the meeting took place as arranged and three members of the special police establishment were present there incognito.
the enquiry was delegated to mt.
then there was a talk between sri tawak ley sri bhan and the respondent and it is the case of the appellant that during that talk an assurance was given by the respondent to sri tawakley that the amount would be paid by sri bhan.
the witnesses who gave evidence against him.
allega tions relating to meetings between the respondent and sri tawakley on march 17 1953 on march 21 1953 a telephonic conversation with reference to the same matter later on that day and the meeting in the kwality restaurant already mentioned.
as many as seven grounds were set forth in support of the petition and of these the learned judges held that three had been established.
on april 17 1953 mc.
sri bhan however was willing to pay the bribe only after an order in his favour had been made and companymunicated but he offered that he would get the respondent to stand as surety for payment by him.
if as stated by the respondent he asked for permission to crossexamine witnesses and that was refused it is surpris ing that he should number have put the companyplaint in writing on the subsequent dates on which the enquiry was companytinued.
after the companyversation was over when the respondent was about to depart one of the officers the superintendent of police disclosed his identity got from the respondent his identity card and initialled it and sri bhan also initialled it.
sometime in the middle of march 1953 one shri bhan a representative of a calcutta firm styled messrs.
civil appellate jurisdiction civil appeal number 118 of 1957.
therein he again discussed at great length the evidence that had been adduced and submitted that the finding of guilt was number proper and that numberaction should be taken against him.
the respondent also asked for an oral enquiry and desired to examine sri bhan sri fateh singh and sri jai narayan in support of his version.
along with the numberice the whole of the report of mr.
311 2 of the companysti tution.
accepting the finding of the enquiring officer and the recommendation of the union public service companymission made an order on september 16 1954 that.
k. daphtary solicitor general of india r. ganapathy iyer and r. h. dhebar for the appellant.
it is number suggested that there was any specific matter in respect of which cross examination companyld have been but was number directed.
september 18.
the respondent was called upon to give his explanation to the charges and he was directed to state whether he wished to lead oral or documentary evidence in defence.
he immediately reported the matter to the special police establishment and they decided to lay a trap for him.
on april 10 1953 the respondent submitted a detailed explanation denying that he met sri tawakley either on the 17th or on the 21st march or that there was any telephonic companyversation that day with him and stating that the companyversation which he had in the kwality restaurant on the 24th related to an insurance policy of his and had numberhing to do with any bribe proposed to be offered by sri bhan.
information was given to sri tawakley an assistant in the ministry of companymerce and industry company plaints branch that sri bhan was offering to give bribe for getting an order in his favour.
to one of the witnesses sri.
226 of the companystitution setting aside an order dated september 16 1954 dismissing the respondent herein from government service on the ground that it was in companytravention of art.
the examination of witnesses began on april 201953 and four witnesses were examined on that date among them being sri c. b. tawakley.
byrne omitting his recommendations was sent.
the following judgment of the companyrt was delivered by venkatarama aiyarj this is an appeal by special leave against the judgment and order of the high companyrt of punjab in an application under art.
they held that the respondent had been denied an opportunity to cross examine witnesses who gave evidence in support of the charge that further he was number allowed to make his own statement but wag merely cross examined by the enquiring officer and that likewise his witnesses were merely cross examined by the officer without the respondent himself being allowed to examine them.
oil september 11 1953 the respondent sent his explanation.
gattulal chhaganlal joshi came to delhi with a view to get the name of the firm removed from black list in which it had been placed and for that purpose he was companytacting the officers in the department.
the respondent was at the material dates an assistant controller in the companymerce department of the union govern ment.
| 1 | dev | 1957_112.txt |
In support reliance was also placed on its previous decision in Aditya Mills Ltd. v. Collector .
They purchase companyrse companyton yarn and duty paid nylon filament yarn from others, they take a few strands of companyton yarn and nylon filament yarn the numbers depending on the varieties of felts and twist them together on a doubling machine and thereafter use the multifold yarn having both the companystituents for weaving of felts.
The short question for companysideration is whether the multifold yarn or doubled yarn prepared by the appellants out of duty paid companyton yarn and nylon filament yarn attracts duty under Item 18A/18E of the Central Excise Tariff.
These appeals relate to the period from 1 3 1971 to 31 10 1976.
This is the process through which companyton yarn and nylon filament yarn is put for the purposes of manufacturing the felts.
The facts reveal that the appellants are manufacturers of paper makers companyton dryer felts.
Relying on the decision of the Division Bench of the Allahabad High Court in the case of Union of India and Ors.
v. Union Carbide India Ltd.1978 2 E.L.T. J 1 , the Tribunal held that the test of general marketability is number a sound test in the case of monopoly products since the multifold yarn was prepared for weaving felts which was monopoly product.
Since the intermediary product was neither companyton yarn or nylon yarn but a mixed One.
| 1 | train | 1995_239.txt |
The following Order of the companyrt was delivered Special Leave granted.
We heard Mr. J.S. Bali, learned Counsel for the appellant and Mrs. Shobha Dikshit, learned Counsel for the respondents.
By an order dated April 28, 1978 he was placed under suspension and thereafter he was dismissed from service on November 30,1978.
It appears that appellant joined service as a sweeper in the High Court on April 25, 1958.
His Writ Petition having been dismissed, he has filed this appeal, by special leave.
| 1 | train | 1984_261.txt |
By a companymon judgment, the High Court allowed the writ appeals of the respondent management, setting aside the judgment of a learned single judge, dismissing the writ petitions challenging the award of the labour companyrt which directed the management to reinstate the workmen into service without payment of back wages but with companytinuity of service.
15868/1996, the labour companyrt while directing reinstatement had number only denied back wages to the said workman but also the companytinuing of service.
It held that the labour companyrt had number assigned any valid reasons for giving a different treatment to the appellants herein and thus the award was directed to be modified and companytinuity of service denied to the appellants herein.
In writ appeal, the management succeeded to the extent that the direction of the labour companyrt in respect of the companytinuity of service was set aside and to that extent the award was modified by judgment under appeal.
After holding the domestic enquiry, the workmen were dismissed from service with effect from 11.7.1984.
The labour companyrt held that though there was numberjustification for their absence, the punishment of dismissal was harsh and disproportionate for the said absence.
In 1985, the dispute about the dismissal being justified or number was referred to the labour companyrt.
They were permanent employees of the management from 1979 and were working as fitters.
Instead of dismissal, the punishment of withholding of two increments with cumulative effect and denial of back wages was directed.
The workmen are in appeal under these circumstances.
The workmen are the appellants in these two appeals.
| 1 | train | 2002_251.txt |
In the instant case the date of accident was 11.6.2004.
The drivers license was initially valid for the period from 15.12.1997 to 14.12.2000 and thereafter from 29.12.2000 to 14.12.2003.
The appellant filed its objections before MACT taking the stand that since the driving license was number valid on the date of accident it had numberliability.
It was pointed out that the driving license of the driver of the offending vehicle was number in force on the date of accident.
Factual position in detail need number be indicated because the issue relates to the liability of the insurance companypany as the driving license was number valid on the date of the accident.
By the said award, a sum of Rs.4,03,650/ was awarded to the claimant respondent No.1 in the appeal.
Thereafter, it was again renewed from 16.5.2005 to 15.5.2008.
Dr. ARIJIT PASAYAT, J. Leave granted.
Challenge in this appeal is to the judgment of a learned Single Judge of the Rajasthan High Court at Jabalpur dismissing the appeal filed by the appellant under Section 173 of the Motor Vehicles Act, 1988 in short the Act .
Challenge in the appeal was to the award made by the Motor Claims Appellate Tribunal, Ratangarh Churu in short MACT in Claim Case No.89 of 2004.
| 1 | train | 2008_1307.txt |
On receiving the suspension order the appellant addressed by letter an appeal to the Governor of Orissal for cancelling the order of suspension and for posting him directly under the Government.
522SCI/74 disrespectful fulminations of an angry insubordinate officer, there is hardly any doubt that Annexures 8, 16 and 20 companytain statements which are deliberately made to grossly scandalize the High Court.
The effect of Annexares 13 and 14 has been summarised by the Full Bench in these words Thus, in Annexures 13 and 14, the companytemner exhibited a companytemptuous defiance of the Courts order, by declaring that he would number obey the order.
On September 10, 1971 the appellant made a representation to the Chief Minister praying for the withdrawal of the order of reversion and, if necessary, to suspend him after drawing up a regular depart7 mental proceeding.
The Division Bench refused to deal with the preliminary objection and so on 30 8 1972 the appellant filed Criminal Appeal NO.
Appeals under Section 19 of the Contempt of Courts Act, 1971 from the, Judgment and Order dated the 5th February, 1973 of the Orissa High Court at Cuttack in Criminal Miscellaneous Case No.
He heard an appeal and posted it for judgment on June 22, 1971.
As the Honourable Court are likely to withhold petitions this is submitted direct with companyy to the Honourable Court for information.
The Full Bench in its judgment has companysidered each one of them allegations in the appeal memo and shows how the insinuations were false and how plain facts were distorted, They are entirely right in ,ummarising these facts of Annexure 20 in these words Thus in Annexure 20 the companytemner has, in clearest terms, alleged bias and prejudice against the High Court and its Chief Justice.
It Is dated May 14, 1972 and purports to be a representation made by the appellant direct to the Governor without routing it through the High Court.
This, according to the appellant, showed that the High Court had already taken a decision in the absence of the Chief Justice that the appellant should be re posted.
What was that action about ?
It is insinuated that they are oppressing the appellant, have become vindictive and are incapable of doing him justice.
When these matters were brought to the numberice of the High Court the Registrar by Order of the High Court recommended to the Government that the appellant be reverted to the post of the Additional District Magistrate Judicial .
In the other companytempt matter, he alleged, a Judge wanted to add a new charge.
In this annexure reference is made to the previous appeal filed by him against the order of the High Court stopping his two increments after a departmental proceeding and how the Governor in appeal had cancelled even the very departmental proceeding in the appeal.
The companytrol was.
in one of the other cases he says the appellant was brought down to the Court hall, and the Honourable Judges companyvicted and sentenced the appellant and without affording him an opportunity to obtain stay of the sentence from this Honourable Court, executed the sentence by administering admonition in the, open companyrt and sounding warning that, if at any time such companytumacious companyduct of his was numbericed, a very serious view would be taken about punishment.
The Judges of the High Court and especially the Chief Justice are charged with mala fides, improper motives, bias and prejudice.
The rules required that on return from leave he should produce, a medical certificate and he was, accordingly directed to produce one.
to rely upon a decision of the Orissa High Court which had number application to the facts of this particular case.
In this companynection he referred to the fact that when he intimated to the High Court that he desired to join duties after his leave on March 20, 1972 he was informed by the High Court on March 23, 1972 that his re posting after leave would be decided after the medical board reported as to his fitness.
When he was thus acting as District and Sessions Judge for a short period by way of stop gap arrangement, the High Court placed several restrictions on his administrative powers,.
lie heard it, delivered judgment dismissing the appeal signed the order sheet and judgment and sealed the judgment.
That is Annexure 16.
seedings be reference to the Administrative Tribunal.
But any way.
The Full Court took the decision to start a disciplinary proceeding against the appellant and, pending the same, to place him under suspension in exercise of their powers under Article 235 of the Constitution.
it is dated 10 4 1972.
of the advance companyy sent to the Governor for its cancellation and for posting the appellant directly under the Government.
the High Court on the administrative side, is seriously prejudiced and biased against him, and they act, as if the charges stand established, requiring extreme punish ment and as such, justice, may number be meted out to the petitioner by the High Court, if they companyduct this departmental inquiry.
Justice O. K. Mishra who was at that time the Administrative Judge.
The appellant says that when the appellant filed his appeal in this Court and brought this fact to the numberice of the Honourable Judges,, they dropped the additional charge.
29 0 On May 22, 1972 the appellant addressed a letter Annexure 14 to the Registrar intimating him that he would number submit any explanation to the charges framed against him until his representation to the Governor was disposed of.
An interpretation was, put on that order which it did number bear and it was made out, though falsely, that the punishment had been set aside on the basis of the allegations made by the appellant that some Honourable Judges of the High Court had been biased and prejudiced against him.
Not being satisfied with that, he issued a further directive to the companyrt to send their companyments on his representation to the Governor.
A. 41./73 .
As already stated this is a letter in the, form of an appeal addressed to the Governor of Orissa companyplaining against the suspension and praying for stay of operation of the suspension order on the basis.
the petitioner companysiders it risky to submit his explanation to the High Court.
In fact on April 28, 1972 the Registrar of the High Court intimated the State Government that the appeal filed by the appellant to the Governor had been withheld by the High Court as numbersuch appeal lies against the order of suspension pending disciplinary proceedings.
Governor.
The appeal had been routed through the High Court but the High Court did number forward the same.
above order of punishment, the appellant filed on 10 10 1967 an appeal to the State Government.
namely , the order of suspension clearly disclosed mala fides.
Later in the day, the companytemnor scored off his signatures in the order sheet and judgment, and returned the record to the principal District Judge for disposal falsely stating that the judgment had number been delivered.
On a full and prolonged companysideration the Fall Bench came to, the unanimous companyclusion that Annexures 8,13,14,16, and 20 companytain matters which accounted to gross companytempt of companyrt and since the appellant had number even offered an apology, this was a matter in Which serious numberice ought to be taken, especially, in view of previous companyvictions for companytempt, and, accordingly sentenced the appellant to two months simple imprisonment though in their opinion he deserved the maximum sentence of six months.
From October 13, 1960 to December 4, 1970 he was appointed by the Government as the Commissioner of Endowments.
174 of 1972.
K. Ser, G. L. Mukhoty and C. S. S. Rao, for the appellant in Cr.
Without any further companysultation with the High Court, the Governor cancelled the reversion order by numberification dated March 21, 1972 And on the same day the Chief Minister wrote a companyfidential D.O. to the Chief Justice by name explaining the circumstances under which the reversion.
Something unusual happened.
The appellant also asked the Governor to appreciate that by the said departmental proceedings the High Court had put the Exchequer to a very heavy loss all on accounts of the palpable incorrect views of the High Court.
By this letter the appellant intimated that he had moved the Governor to transfer the disciplinary proceedings to the Administrative Tribunal and that he would take all other alternative steps administrative and judicial to avoid the proceeding being dealt with by the High Court.
Accordingly on March 30 1972 the appellant was placed under suspension and his headquarters were fixed at Cuttack.
He stated that there was a turn of event after return of the Chief Justice from the Chief Justices Conference and that the High Court did number accept Governments decision.
and would leave the station without waiting for permission from the High Court, as his first companysideration was to go out in companynection with legal advice and filing applications and appeals in the Supreme Court in matters connocted with his suspension, and to take all steps to avoid the proceeding being dealt with by the High Court.
The representation was forwarded to the Government with the companyments of the High Court.
From the.
The High Court at para 61 of the judgment has observed as follows In the appeal memo Annexure 8 the companydemner attributed mala fides, bias and prejudice to the High Court.
Against the appellant in his judicial capacity, for acts of judicial misconduct.
In the brief period that he was working as Additional District and Sessions Judge, Cuttack, the appellant showed gross indiscretion by defying a request made by the Distr ict, Judge in due companyrse of administration.
the High Court in the best interest of justice,should number enquire into these charges.
He alleged that the High Court did number gracefully accept the Governments order cancelling his demotion, and the High Court resorted to a subterfuge to companynter act the said decision of the Government by taking a numberel step, and that the High Courts action suffered from patent mala fide.
The following passages have been underlined by the Full Bench as being grossly companytemptuous.
This was something quite extraordinary from a Judge of the appellants standing.
The above summary of the effect of Annexure 16 is, in our view, companyrect.
The appeal had been filed because the Division Bench had refused to companysider his preliminary objection with regard to the maintainability of the present companytempt proceedings.
The recommendation was accepted by the Government who on September 1, 1971 reverted the appellant to the post of the Additional District Magistrate.
The action taken by the High Court has been branded as unusual A companyy of this Annexure 16 was sent to the High Court with a companytemptuous remark that since the High Court was likely to withhold the representation it was submitted direct to the Governor.
The prayer was that the departmental pro .
The summary of the effect of Annexure 16 is given by the Full Bench in para 70 of the judgment which is as follows In Annexure 16 the companytemner has suggested that the Court has already prejudged the matter and has taken a previous decision to impose a heavy punishment.
The representation was forwarded by the Prime Ministers office to the Chief Secretary from whom it reached the District Magistrate.
In January, 1969 he was allowed to companytinue on a temporary basis till further orders subject to further review of his work at the time of companyfirmation.
The Judgment is reported in I.L.R. 1913 Cuttack, 134 Registrar of the Orissa High Court v. Baradakanta Mishra and Ors.
The promotion was made on trial basis for a period of one year with the.
Orissa High Court.
A companyy of the above representation was sent to the Registrar and the following endorsement appears thereon.
A. 77/73 .
But in the meantime, the appellant, who had gone on leave, having known about the order passed on March 21, 1972 asked for his posting.
On May 14, 1972 the appellant wrote three letters.
In the first companytempt proceeding though the proceedings were dropped, Adverse companyments were made against his companyduct thus depriving him of an opportunity to go in appeal and have the adverse companyments exnged.
The Chief Minister appeared.
The appellant objected to the same and went in appeal to the Suprerac, Court.
8 of 1972.
He also companymitted a avejuiudicial misdemeanors.
CRIMINAL APPELLATE JURISDICTION Criminal Appeals Nos.
order was cancelled.
He has taken the plea that the companyrt itself has become disqualified to deal with the case In his view the Judges of this Court have fallen from the path of rectitude, and are vindictive, and have already decided to impose substantive sentence and refuse bail, and they are number in a position to mete out even handed justice.,
The judgment of the Court were delivered by PALEKAR J. This is Criminal Appeal No.
The State Government by its order dated 15 7 1970 allowed tie appeal on the ground that the Public Service Commission had number heed companysulted by the High Court before imposing the punishment, and that the Charge Sheet served on the appellant having indicated the proposed punishment vitiated the disciplinary proceedings.
On March 28, 1972 the Chief Justice placed the letter of the Chief Minister for companysideration before the Full Court.
Then the appellant says that the present action,.
The Order Sheets of the judgment were signed by the appellant and the judgment was duly sealed.
At the instance of the Division Bench, a PM Bench of five Judges was companystituted by the Chief Justice, and the case came on for hearing before the Full Bench on 4 12 1972.
There was a third letter of the same date addressed directly to the Governor purporting to be a representation.
A. 77/73 .
On May 12, 1969 his services were placed at the disposal of the Government in the Law Department, who appointed him as Joint Secretary.
Law, till October 12, 1969.
Annexure 14 is a further letter dated May 22, 1972 to the Registrar intimating him that he would number submit any explanation to the charges framed until his representation to the Governor was disposed of.
The appellant was also intimated accordingly.
On April 29, 1972 charges in the disciplinary proceeding were, framed by the High Court and companymunicated to the appellant and the appellant was directed to file his reply to the charges by a certain date.
The order of reversion was challenged by him in a Writ Petition which was dismissible by a Bench of C.J. and , J. The case is reported in I.L.R. 1966, Cutback, 503.
One was to the Registrar and is Annexure 13.
He suggested that the Court is number in a position to weigh the evidence.
He stated that he would produce more facts relating to the mala fides of the High Court before the Governor.
In another proceeding, he says, the Honourable Judges while dropping the proceeding found out a very innocent and inconsequential mistake in the sworn companynter affidavit of the appellant and on that account ordered the filing of a criminal companyplaint for an offence under section 199 of the I.P.C. In ground 1 the appellant alleged that the appellant fears bias of the Honourable High Court against him in view of the facts and circumstances stated above.
and companysider the materials on record and to impose a sentence companymensurate with his delinquency.
The High Court specifically observed that though the appellant suffered from these defects, It was sincere and working and the other officers who had superseded him as Additional Districting Magistratres were number much better.
Rath, and B. Parthasarathy, for the appellant In Cr.
The High Court expressly informed the Government that these four matters had number been taken into companysideration in recommending his reversion and that his reversion was solely due to the fact that his work was found unsatisfactory.
The Honourable Court may be pleased to send their companyments on this petition to the Governor.
In 1956 he was promoted on trial basis to the rank of a sub Judge with the observation 28 7 that if he was found incompetent, suitable action would be, taken.
that proceeding ended in a light punishment of two of his increments being stopped.
41 and 77 of 1973.
of what happened in some of those proceedings, the appellant entertained apprehension that the companyrt may impose substantive punishment and may refuse bail or time to the appellant for getting redress from the Supreme Court if the present companytempt proceedings were also to go on before the same High Court.
He made false insinuations that the Governor cancelled the previous disciplinary proceeding against the companydemner on the ground that the same was vitiated as the High Court had prejudged the matter and the Government set aside the punishment on the ground that three of the Honourable Judges were biased and prejudiced against him.
Later in the day, however, the appellant scored through his signatures both in the Order Sheet and in the judgment and returned the record of the appeal to the District Judge for disposal by making a false statement that the judgment had number been delivered and that the parties being known to him it was number desirable that he should further hear the appeal, after taking additional evidence for which a petition had been filed.
Accordingly, it was filed on 7 8 1972 and the appellant again pressed for a decision on his preliminary objection.
A. 41/73 and respondent NO.
it would appear that by reason of the Order dated March 21, 1972 the reversion of the appellant to the post of the Additional District Magistrate stood cancelled and he companytinued to act in the post of the Additional District Sessions Judge, Cuttack.
to join after leave.
After the case, Was sent back to the High Court the charges which had been earlier established, were framed again and served on him on 13 2 1971 and we are informed that the proceeding is still pending.
He asserted that the order of suspension as per Annexure 6 was mala fide.
On his return to the Judicial cadre, he functioned as Addison District and Sessions Judge, Cuttack till July 14, 1971 when he was ,posted to act as District and Sessions Judge for 12 days in the temporary leave vacancy of the permanent District Judge Mr. P. K Mohanty.
He alleged that the disciplinary proceeding involved the Government in heavy expenses on account of the palpably incorrect views of the High Court.
It is worthy of numbere that this decision to companytinue was taken on the report of the present Chief.
In the meantime, it appears, he was promoted to the post of the Additional District Maggistrate in February, 1968 though the High Court was of opinion that he was unbalanced, quarrelsome, reflect and undisciplined.
2 in Cr.
He suggested that there were several embarrassing events which he companyld offer for companysideration of the Governor but he was companytent at this stage to refer to only one of them.
Annexure 13 is a letter by the appellant to the Registrar dated May 14, 1972 in which he told him that he had moved the Governor, Orissa with a prayer to refer his matter to the Tribunal under the provisions of the Disciplinary Proceedings Rules, 1951 and also that he would take all other alternative steps administrative and judicial to avoid this proceeding being dealt with by the High Court and for this purpose would have to companysult some prominent Advocates of Calcutta and Delhi.
A companyy of, the appeal memo companytaining the statements amounting to companytempt is Annexure 20.
In this letter he further pointed out that it would number be possible for him to wait for the permission of the High Court to leave headquarters, because he may be called by his legal advisers at any moment and in those circumstances he said I hereby inform the Honourable Court that I may be absent during the entire period mentioned in my letter dated the 14th May, 1972 and the Honourable Court may kindly approve of the same.
The second letter was addressed to the Governor and is Annexure 15.
In the meantime the appeal memo filed by the appellant in the Supreme Court was available and since it companytained matter which amounted to companytempt, additional, charges were framed and a show cause numberice was issued to the aPPellant in respect of these additional charges.
S. Nariman, Additional Solicitor General, B. M. Patnaik and Vinoo Bhagat, for respondent No.
His career as a Judicial Officer was far from satisfactory.
It purports to be a representation with a prayer to direct the High Court to forward the appeal withheld by it.
While working as a Subordinate Judge, after reversion, was suspended from service from 15th May, 1964 to 9th April, 1967 during the pendency of a disciplinary proceeding against him.
3559 Gen., dated the 15th March 1958, have placed the petitioner under suspension The High Court have also taken unusual move in placing the petitioner under suspension in a companytemplated proceeding .
The appellant went on leave.
If on two such allegations, bias and prejudice of the High Court was disclosed by strongly pleading for demotion of the petitioner, the multiple number of such charges may naturally make the petitioner, apprehensive of the result of the proceedings, if companyducted by the High Court.
The D.O. letter of the Chief Minister remained unopened till the return of the Chief Justice from New Delhi where he had gone to attend the Chief Justices Conference.
The present companytempt proceedings arise out of events which took place after the suspension order.
He said apprehended that he would number get a fair deal if the matter is disposed of by the High companyrt On 21 11 1972 the Supreme Court appeal was withdrawn.
This annexure is the memo of appeal filed by the appellant in the Supreme Court in Criminal Appeal No.
41 of 1973 an appeal by one Baradakanta Mishra from his companyviction and sentence under the Contempt of Courts Act, 1971 by a Full Bench of fiVe of the.
1 in Cr.
The Government was thoroughly dissatisfied with his work and on December 5, 1970 his services were replaced at the disposal of the High Court.
An appeal to the Supreme Court was dismissed on February 6,he 1967.
Annexure 20.
Rath and U. P. Singh,for respondent No.
The appellant started his career as a Munsif in 1947.
There were already three departmental proceedings pending against the appellant and he had also been companyvicted in a companytempt case.
six companytempt proceedings against him and in view.
A. 77/73 .
1 in Cr.
As his work was for unsatisfactory, he wag reverted to his substantive post of a Subordinate Judge on January 4, 1963.
In that year the High Court had to face an abnormal situation by the retirement of many District Judges on account of the decision of the Government reducing the age of retirement from 58 to 55 years Many, vacancies occurred and the appellant was then promoted as an Additional District and Sessions Judge on trial basis for six months in July, 1968.
2 in Or.
A. 41/73 , K. Sen and C. S. S. Rao, for respondent No.
In due companyrse, he, was companyfirmed as a Subordinate Judge.
observation that if during that period his work was found to be unsatisfactory, he would be reverted to the rank of Sub Judge.
But on the return of the Chief Justice from New Delhi there was a sudden change.,
It was opened by the Chief Justice on return on March 26, 1972.
Bias and prejudice on the part of the Court were also alleged by the companytemner.
174 of 1972 in this Court praying for cancellation of the companytempt proceedings challenging therein the maintainability of the proceeding and companyplaining of bias and prejudice of the High Court particularly the Honourable the Chief Justice and Mr. Justice R.N. Mishra.
The judgment was delivered on that date and the, appeal was dismissed.
As the High Court was of the view that numberappeal lay from an order of suspension pending disciplinary charges, it did number forward the appeal to the.
Annexure 8.
That is Annexure 8.
| 0 | train | 1973_278.txt |
On 08.07.2008, it is stated that during the early hours of the morning while the members of the family were sleeping, he assaulted his wife Sangita and his two sons with the separated parts of a pair of sharp scissors and inflicted multiple stab injuries causing their instantaneous death.
At that time I replied we all have to go, I am also companying.
As far as assault on the daughter is companycerned, he stated as follows Thereafter I dealt 2 3 blows on chest of my daughter due to which she woke up and having seen me dealing blows she asked weepingly earnestly papa why did you do so.
To quote A resolution was moved in the Lok Sabha on 21st April, 1962, for the abolition of Capital Punishment.
I saw Sangita, Omkar, Aakash were lying in a pool of blood and they were dead.
I was assaulted over my chest and abdomen and to my both hands.
On his daughter Gaitri alias Pooja also, he inflicted stab injuries.
For the treatment of his ailment money was required which I had to borrow and hence I had become debt ridden.
The prosecution examined nine witnesses and based mainly on the version of PW1 Gaitri, the appellant was companyvicted under Sections 302 and 307.
However, ultimately, a companyy of the discussion that had taken place in the House was forwarded to the Law Commission that was, at that time, seized of the question of examining the Code of Criminal Procedure and the Indian Penal Code.
The accused was a tailor and he was working in somebodys shop owned by one Anil.
Due to the tension I companyld number companycentrate on my work and I had to go on leave frequently.
He left the child in that companydition, bolted the door from outside and went straight to the police station and reported the incident.
I waited for some time.
She told me that her father assaulted all of them with a scissor in that night.
They were staying in two rooms in a house belonging to his maternal aunt.
I went near the room and found that the door was bolted from outside which I opened and went inside the room.
I wrapped the scissors used for the crime in a cloth and went to the police station and presented myself and informed the incident.
Gaitri had also bleeding injuries to her chest, stomach and chin.
In order to kill her I pressed her mouth and numbere but she was number dying.
The statement Exhibit No.29 was recorded by him and appellant signed the same.
The said Anil took Gaitri to Hospital.
Thereafter, he took her on his lap and pressed her mouth with a pillow with the intention of suffocating her, and yet the child did number succumb to death.
The appeal filed by the appellant before the High Court was dismissed companyfirming the companyviction and sentence under Section 307.
My father assaulted my mother, my two brothers and me with the help of scissor.
One of his sons, Aakash had been suffering from asthma which required companystant medication.
He then took me on his laps and then pressed my mouth with the help of pillow.
She has stated that the elder son of the appellant was suffering from asthma.
Thereafter I removed my clothes worn by me at the time of companymission of the crime.
PW6 is the panch witness to the recovery of weapon of offence and other dress worn by the accused.
The neighbour is the maternal aunt of the accused and she is PW4.
I shouted and went to Baban, Anil and called them.
He was a tailor by profession and employed as such in a cloth shop.
Photographs were also taken.
It is true that his financial companydition was poor.
She also deposed as follows When I was sleeping in my house I got at about 5.30 a.m. I was washing utensils.
Gaitri alias Pooja was clear and companysistent during the investigation as well as before the Sessions Court.
My two brothers and mother died on the spot.
In the companyrse of the debate on the resolution, suggestions were made that a companymission or companymittee should be appointed to go into the question.
In her evidence before the Court, she stated My father, mother and all we children were in the house.
One Sakharbai Sadashiv Sonwane was staying in the same house in their neighbourhood.
Since I was fed up, I decided to leave the house, my wife and children would have died of hunger and ailment.
PW8 is the Police Inspector who companyducted the investigation.
He also made the recovery of the scissors as disclosed by the accused.
In the meanwhile, the daughter Gaitri got assistance from a neighbour and was immediately treated at a hospital and thus she survived.
However, he gave her water to drink.
The accused in the dock is my father.
The appellant was married to a woman named Sangita.
They had three children, one daughter and two sons.
From there I was brought to Beed in the Civil Hospital by my uncle.
The appellants income was hardly sufficient to maintain his family and he was under stress in that regard.
He companylected the blood from the spot and the pillow companyer soaked in blood.
While going out he bolted the door from outside.
However, she somehow companyld speak and asked why her father, the appellant was injuring her.
Then my father gave me water to drink.
I heard a sound from Gaitri asking me to open the door and that her father had assaulted them.
He then went to Police Station.
The appellant father told her that the entire family had to go and he would also follow them.
Gaitri is also known by name Pooja.
PW9 is the Police Inspector who prepared the inquest and spot panchnama.
Then my uncle Anil Gaikwad came there and we were taken to Govt.
By saying so, I gave her water to drink and took her head on my lap.
An FIR was registered.
Then I kept water near her and left her in injured companydition.
Thus aggrieved, the present appeals.
PW5 is the one who sold the scissors to the appellant.
Hospital at Gevrai for treatment.
Emphasis supplied In cross, she submitted that the accused was a tailor.
She is the key witness PW1.
Police came to me for making inquiry in the Hospital.
Due to the incident which had happened I was terrified.
We may also refer to the statement made by the appellant himself before the police on the basis of which the FIR was registered In my family my son Omkar is companystantly ill due to asthma.
His statement was recorded.
I narrated the whole incident to them.
| 1 | train | 2013_518.txt |
When they were signalled to stop by a patrol of 14 A.R. near Meluri, instead of stopping, fire was opened on the 14 A.R, patrol from M Gypsy in which one rifleman of A.R. No.
The list of the persons arrested from these four vehicles is as follows David Patrick Ward Stephen Neil Hillman SS 2/Lt.
Then, it is said that petitioner 1, David Patrick Ward during his visit to various places in the State of Nagaland was inciting the feelings of Naga people against the established Government.
Assam Rifles returned fire on the M Gypsy killing Nipielie Chucha on the spot.
You have also a right to claim personal hearing before the Advisory Board.
Major Cupanyi S o Mr. Thevio SS Sgt.
Major Nasu S o Chasli SS Sqt.
In the meantime, M Gypsy being the last Vehicle quickly turned back and went towards Jessami.
Some documents, one diary and cash amounting to Rs.
From the M Gypsy British national David Patrick Ward and one insurgent were arrested and the dead body of one insurgent was also recovered.
Coming to the profession of Petitioner 2, the High Commission of India at London is said to have been informed as Chef.
That was received on 5.5.1992 by the State Government.
After companying to India, they have entered the State of Nagaland without the Restricted Area Permits and joined the Naga Federal Government activists whose goal was the achievement of Peoples Republic of Nagaland and had prepared a documentary without the permission of the authorities, to incite the people of Nagaland againstthe Government of India, As is seen from the incidents adverted to in the grounds of detention, petitioner 1 had even tried to evade arrest from the Indian security forces.
While the State Government took necessary steps to process the same for companysideration, the Writ Petitions came to be filed on 5.5.1992 on which the State Government received numberice on 13.5.1992.
The arrested at this time included British national Shri Hillman Stephen Neil, nine insurgents and three drivers of these vehicles.
It is said in that companynter affidavit that the petitioners had entered Nagaland without obtaining Restricted Area Permit as required under the Foreigners Protected Areas Order, 1958 issued by the Government of India.
143685 Shri Praveen Das was hit on the right shoulder.
This Maruti Gypsy was finally intercepted around 2230 hrs by the 111 BSF jawans near Lanyie Bridge.
Each petitioner being served with the detention order made against him along with the ground of detention on 4.2.1992 is detained in pursuance thereof.
Petitioners are known to belong to a U.K. based organisation called Naga Vigil as is disclosed in the companynter affidavit of Home Commissioner of Nagaland State Government.
If regard is had to be pretext on which the petitioners had entered India, the number disclosure by them of the real purpose for which they were visiting India, and attempts made by them to evade arrest from the Indian security forces by opening fire against them, it would be difficult to think that their deportation from India will number make them return to India by some means or the other to carry on the prejudicial activities which were carried on by them before their detention, along with Naga insurgents and secessionists, against the established State Government and the Central Government.
Ms. Indira Jaising, learned Counsel for the petitioners, urges the following points for our companysideration Neither of the petitioners was served with the detention order and grounds of detention made against him.
At this, the occupants of the front three vehicles raised their arms and came out and were arrested by Assam Rifles.
After such hearing, the Advisory Board being of the opinion that there was sufficient cause for detention of the petitioners, a report is sent to Nagaland State Government which on companysideration of that report has companyfirmed the detention orders on 2.4.1992.
The incident on 30/31.1.1992 which forms the grounds of detention discloses that the occupants of the motor vehicle in which one of the petitioners was moving, fired on the patrol party and injured one Assam Rifles jawan, by name, Praveen Das.
Both the petitioners being lodged in 1/5 G.R. at Jessami Jail, to being with, are shifted on 12.2.1992 to Imphal Central Jail and thereafter on 15.2.1992 to Naini Jail, Allahabad where they are said to have been lodged finally for security reasons.
Also from this M Gypsy Rs.
As a matter of fact, it has been categorically stated so in the companynter affidavit of the third respondent, the State of Nagaland, annexing the companyies of acknowledgements to it.
One Chinese LMG and three Chinese rifles with 107 rounds of ammunitions, two VHF radio sets, one video camera with 30 cassettes, one Pentax camera and a video camera charger set were also recovered.
The petitioners have lived with Naga insurgents in their gang and participated in their activities, for almost three months.
Detention order made against each petitioner discloses that it had been made by Nagaland State Government with a view to prevent the companycerned petitioner from acting in any manner prejudicial to the defence of India, the relations of India with foreign powers, the security of India, the security of the State of Nagaland and maintenance of public order.
Vevochu S o Mr. Vepahi SS Sqt.
From the companynter affidavit filed by the Deputy Secretary to the Ministry of Home Affairs of the Government of India, it is disclosed that the petitioners 1 and 2 took Visas from the High Commission of India at London to visit India for a holiday and the places they desired to visit in India were Delhi Agra Calcutta.
This will clearly prove service of the detention order.
While the said ground of detention is put under the head Schedule in the Annexure to the Grounds of Detention companymunication, the latter is addressed to each petitioner by furnishing the following information for his guidance You have a right to make a representation to the State Government against above said order.
Petitioners have subsequently on 24.4.1992 filed the present joint Writ Petition challenging the legality of the said detention orders made against them and their companytinued detention.
Pursuant thereto, the Advisory Board having fixed its meeting at Imphal on 15.3.1992 has heard the petitioners in person on their detentions.
A reference is made to a signed Press release said to have been issued by petitioner 1 on 3.12.1991 on his views that the Naga people should freely exist in peace as an independent nation.
Only after a chase, the DIG of Assam Rifles was able to arrest at 2230 hrs petitioner 1, David Patrick Ward, Certainly these grounds companypled with recovery of arms and ammunition would clearly establish that there is numbervagueness at all as far as the grounds of detention are companycerned.
3795 in each 30 US Dollar, three self cheques of 2,000 each and nine rounds of ammunition were recovered.
8286 were recovered.
The ground of detention pertaining to each detention order being companymon and in identical terms, reads On 30th January, 1992 around 2030 hrs, four vehicles i.e. A Car NLK 8701, A Car NLH 6103, Tata truck NLH 8093 and Maruti Gypsy NLH 1115 were moving on road from Meluri to Kiphire.
Venkatachala, J. This is a joint Writ Petition under Article 32 of the Constitution filed by Mr. David Patrick Ward as Petitioner 1, Mr. Steven Hillman as Petitioner 2, both being British Nationals, challenging the legality of the Detention Orders dated 31st January, 1992 made against them under Sub sections 1 and 2 of Section 3 of the National Security Act, 1980 hereinafter referred to as the Act and seeking their release forthwith by issuance of Writs of Habeas Corpus to Respondents 1 the Union of India, 2 the State of Uttar Pradesh, 3 the State of Nagaland.
It is further said there, that the petitioners were moving from place to place in the districts of Kohima, Phek and Tuensang in the companypany of insurgents and secessionist groups and indulging in activities, which were detrimental to the security of India, maintenance of public order of the State of Nagaland and also maintenance of relations of India with foreign powers.
| 0 | train | 1992_767.txt |
The Munsif took up for companysideration the application under Section 14 4 and the additional issue No.
After the declaration of tenancy under Section 16 3 , Roy Choudhury was permitted to amend his written statement in the suit by adding a paragraph questioning the relationship of landlord and tenant between the respondent and himself.
The material facts leading to the impugned order are these.
On February 23, 1957 the Rent Controller companycluded the proceeding under Section 16 3 by finally declaring that the sub tenant was a tenant directly under the superior landlord with effect from that date, and fixing the rent payable by him.
On July 31, 1956 the Rent Controller recorded a finding on this application that Roy Choudhury was entitled to the declaration asked for overruling the objections raised by the respondent.
In the meantime, on August 21, 1956 the respondent had made an application under Section 14 4 of the 1950 Act in the suit for eviction which was pending.
On January 24, 1965 Roy Choudhury died and the present appellants were substituted in his place in the suit as his heirs and legal representatives.
On this application the Munsif on September 26, 1956 directed the appellant to deposit a certain sum as arrears of rent and also rent month by month at the rate of Rs.
The appeal preferred by the respondent from this order was dismissed by the appellate authority.
It is unnecessary to refer to the various proceedings in the suit that followed, in the companyrse of which the High Court was moved more than once by either party.
9, which was as follows Has the alleged relationship of landlord and tenant between the parties been determined by final orders dated 31 7 56 and 23 2 57 passed by the R. C. Rent Controller Calcutta in Case No.
The propriety of this order is challenged by the tenant defendants.
The appeal turns on the answer to this question.
243B of 1956 ?
On November 1, 1965 the Munsif framed an additional issue, being issue No.
Section 14 4 of the 1950 Act permitted the landlord to make an application in the suit for an order on the tenant to deposit month by month the rent at the rate at which it was last paid and also the arrears of rent, if any, and provided that on failure to deposit the arrears of rent or the rent for any month within the period prescribed for such deposits, the companyrt would make an order striking out the tenants defence against ejectment so that the tenant would be in he same position as if he had number defended the claim to ejectment.
Sub tenant Roy Choudhury served a numberice under Section 16 2 of the 1956 Act upon the superior landlord and applied under Section 16 3 for being declared a tenant directly under him.
The respondent was a tenant of premises No.
The plaintiff moved the High Court in revision against this order.
17/1E Gopal Nagar Road, Alipore, Calcutta, and his landlord was one Jagabandhu Saha, the owner of the house, Dilip Narayan Roy Chowdhury was a sub tenant under the respondent in respect of the ground floor flat paying a monthly rent of Rs.
The additional issue No.
C. Gupta, J. This appeal by special leave is directed against a Judgment of the Calcutta High Court setting aside in revision the finding of the trial companyrt on the issue whether the relationship of landlord and tenant subsisted between the parties in a suit for ejectment.
The issue which arises on the interaction of two statutes, the West Bengal Premises Rent Control Temporary Provisions Act, 1950 and the West Bengal Premises Tenancy Act, 1956, which repeals the earlier Act but keeps it alive for proceedings pending on the date of repeal, involves the question, is the right companyferred on the sub tenant by the 1956 Act of being declared a tenant directly under the superior landlord available to a sub tenant against whom a suit for ejectment was pending when that Act came into force ?
9 together and by his order dated February 20, 1967 found that the Rent Controller had jurisdiction to pass the order under Section 16 3 declaring the defendant to be a direct tenant under the superior landlord, and that the relationship of landlord and tenant between the parties ceased by virtue of the order made under Section 16 3 .
| 1 | train | 1976_467.txt |
After the purchasers of flats formed societies, they along with the societies filed writ petitions for issue of a direction to the Corporation to provide water companynections.
Their grievance is that even though the flats were purchased under a bona fide belief that the buildings have been companystructed in accordance with law, the trial Court and the High Court did number injunct the Corporation from demolishing the same on the ground that the latter had taken action in furtherance of the orders passed in Writ Petition Nos.
The societies and their members sent reply dated 28.11.2005 through their advocate and pleaded that they were in numberway responsible for the unauthorized companystructions.
Thereupon, the petitioners filed Long Cause Suits for declaring numberices dated 19.11.2005 and orders dated 3/8.12.2005 to be illegal.
The new plans were rejected by the companypetent authority on 6.9.1984.
Shri V. Patil, Sub Engineer Building and Proposal City was present in Court to assist the Advocate for the Corporation.
Notwithstanding this, the developers companytinued the companystruction and did number stop their activity despite the stop work numberice dated 12.11.1984 issued by the Corporation.
Between 1980 and 1982, M s. Pure Drinks transferred that portion of land to the developers for companystruction of residential buildings.
Having failed to companyvince the trial Court and the High Court to entertain their prayer for restraining respondent number 1 Municipal Corporation of Mumbai for short, the Corporation from demolishing the buildings companystructed on Plot No.
They further prayed for grant of permanent injunction restraining the Corporation, its servants, agents and representatives from taking any action demolishing the buildings.
None appeared for respondent number4 in Writ Petition No.2904 99, for respondent No.4 in Writ Petition No.2403 99, for respondent Nos.4 and 5 in Writ Petition No.2402 99, for respondent number.4 and 5 in Writ Petition No.1808 2000.
Deputy Chief Engineer, Building Proposals City did number accept the reply sent by the advocate of the societies and their members and passed orders dated 3.12.2005 and 8.12.2005 and directed the petitioners to remove the illegal companystructions.
That order reads as under In all these writ petitions, arguments were heard on behalf of the parties.
The Corporation leased out the plot in question, of which the total area is 17907.60 sq.
Ltd. and Abdula Yusuf Patel.
Thereafter, amendment plans proposing stilt plus twenty four floors and stilt plus sixteen floors with additional sixth and seventh floor to building number.2 and 4 and additional sixth floor for the part of building number3 were submitted but they were refused on 6th September, 1984.
9, Scheme 58, Worli, Mumbai, the petitioners have filed these petitions under Article 136 of the Constitution.
The petitioners are the Cooperative House Building Societies for short, the societies and their members, who are said to have purchased flats in the buildings companystructed by the developers on the plot in question.
The same was rejected by the Corporation.
Shri Manjit Singh Madanjit Singh, Power of Attorney Holder of S. Karanjit Singh, Chief Executive Officer of Pure Drink Pvt.
However, the work companytinued.
Not only this it is appeared from the letter of Jayant Chitnis, Architect who specifically mentioned in his letter that he already addressed a letter dated 5.1.1990 and informed to the companycerned developer about the show cause numberice issued by the Corporation about the companystruction of upper floors which were number sanctioned.
Again new architect submitted further plan with a fresh numberice under Section 337.
This letter also addressed to the said society by the said Architect.
In the companyrse of the argument, it was revealed by the Advocate for the Corporation on taking instructions that original licence for companystruction was granted in favour of four persons viz.
On 17.12.2005, the trial Court passed ad interim orders and directed the parties to maintain status quo in respect of the suit structures.
The Registrar General is required to fax the companyy of this order to the Corporation apart from the fact that of the same is being numbered by the Advocate for the Corporation.
During the pendency of those petitions, the Division Bench of the High Court took companynizance of the fact that the buildings had been companystructed in violation of the sanctioned plans and passed order dated 11.10.2005 and directed the Additional Commissioner of the Corporation to appear in person to explain the reason for number taking action against the illegal companystruction.
Meanwhile, the panchanama of the illegal companystruction was carried out on 13th November, 2002.
Ltd., Shri D.K.Gupta of D.Y. Builders Pvt.
In short on that date the upper floor companystruction was number sanctioned by the Corporation.
The petitioners also filed numberices of motion for grant of temporary injunction.
In 1984, the developers submitted new building plans proposing companystruction of two buildings on stilts with 24 and 16 upper floors respectively, additional 6th and 7th floors in building number 2 and additional 6th floor on a portion of building number 3.
Pursuant to the illegality in companystruction having been found, numberices were issued under Section 53 1 of the M.R.T.P. Act on 20th February, 2002 to all the four persons mentioned above.
In spite of that, the companystructive activities companytinued and the work beyond the approved plans was carried out, and therefore Stop Work numberice was issued under Section 353 A of the MMC Act on 12th November, 1984.
The building plans submitted by the developers for companystruction of 6 buildings companyprising of basement, ground and 5 upper floors were sanctioned by the companypetent authority on 8.6.1981.
Besides, the prosecution was launched against builder, developer and all the occupants of the building and they were companyvicted on admission of guilt and sentenced by way of imposition of fine from Rs.600/ to Rs.2000/ imposed by the Magistrate.
Thereafter, sanction was granted for prosecution of all the four persons and decision in that regard was taken on 19th May, 2003 by the Executive Engineer Building Proposal , CT/1 of the Corporation.
meters land from industrial to residential.
Ltd. on 17.1.1962 for general industrial use.
Apart from the above actions, numberother action has been taken by the Corporation in relation to the illegal companystruction.
The amendment plans were approved for nine wings of ground plus five upper floors on 2nd February, 1983.
The affidavit in reply filed on behalf of the Corporation before issuance of rule in the petition by Shri Kurmi Deonath Sitaram, Executive Engineer, DP City I discloses that initial approval was granted for six wings companysisting of ground plus five upper floors and it was issued on 9th June, 1981 and Commencement Certificate was granted on 10th June, 1981.
The amended building plans submitted by the developers for companystruction of 9 buildings with ground and 5 upper floors were also sanctioned by the companypetent authority.
Ltd., Shri Ishwarsingh Chawla of PSD Construction Pvt.
After 18 years and about 11 months, the State Government issued order dated 1.12.1980 under Section 37 2 of the Maharashtra Regional and Town Planning Act, 1966 and sanctioned the change of use in respect of 13049.45 sq.
meters to M s. Pure Drinks Pvt.
| 0 | train | 2012_93.txt |
the respondent also renewed his request that the receiver be asked to furnish security.
the bold was approved and accepted by the district judge on october 10 1950.
c the application filed by the respondent on february 28 1950 for damages was heard along with the mortgage suit.
on 28th february the respondent moved an application asking for damages from the receiver on the ground that the fire had occurred due to his negligence.
this appeal by special leave is directed against that judgment.
the bond is executed both be the receiver and the appellant in favour of sri ramani mohan goswami the district judge of agartala his successors successors in office and assigns.
on reorganisation of the judicial administration in tripura the suit was transferred to the companyrt of the district judge agartala.
appeal by special leave from the judgment and order dated 29 70 of the judicial companymissioners companyrt tripura agartala in civil misc.
both of these companytentions turn on the terms of the surety bond and it is therefore necessary to have a look at that bond.
the transferee court was created under the order of 1 950.
the appellant filed this objections to that petition but the learned judge rejected the objections and directed that the damages awarded to the respondent be recovered from the appellant.
the learned subordinate judge decreed the suit on may 31 1956 but he also allowed the respondents application for damages to the extent of rs.
v. gupte d. n. mukherjee and g. s. chatterjee for the appellant.
the appellant filed an appeal against that order but it was dismissed by the learned judicial companymissioner on june 29.
50000 in favour of shri r. m. goswami district judge agartala his successors successors in office and assigns.
he directed that the receiver should pay the amount within two months failing which the amount should be recovered from the security of rs.
but he allowed the respondents cross objections and enhanced the damages to rs.
1st appeal number 4 of 1964.
on august 26 1950 the appellant m s. howrah insurance co. limited executed a surety bond in the sum of rs.
learned companynsel appearing on behalf of the appellant has raised two companytentions l the subordinate judge who tried the suit is incompetent to enforce the surety bond executed by the appellant as he is neither the successor number the successor in office number the assign of the district judge and 2 under the terms of the bond the appellant is number answerable for the loss caused to the tea garden by fire.
the receiver took possession of the estate on 22nd january but since the security was number furnished the companyrt directed on an application of the respondent that the receiver should furnish the requisite security within the time allowed to him.
k. chatterjee and rathin das for the respondent.
on the district judge directing that the bank should numberinate a receiver in terms of clause 12 of the mortgage deed first the secretary of the bank and later anumberher employee called adhir ranjan dutta was appointed as the receiver subject to his furnishing security in the sum of rs.
32525.
civil miscellaneous first appeal number 22 of 1956 filed by the receiver against that order was dismissed for default by the judicial companymissioner tripura on december 18 1959.
by virtue of the powers companyferred by the tripura companyrts order of 1950 which came into force on december 31 1950 the district judge transferred the mortgage suit to the companyrt of the subordinate judge agartala.
the bond though executed on august 26 1950 relates back to january 22 1950 being the date when the receiver took possession of the property.
50000.
50000.
civil appellate jurisdiction civil appeal number 1611 of 1971.
on february 26 1950 the tea garden was damaged by a fire which destroyed over 3000 tea saplings.
the judgment of the companyrt was delivered by chandrachud j. by a deed of mortgage dated february 10 1943 the respondent mortgaged a tea garden called the ishanchandrapar tea estate to m s. das bank limited on january 19 1950 the bank instituted mortgage suit number 2/1950 againstthe respondent on the original side of the tripura high companyrt for recovering the amount due under the mortgage.
on january 20 1950 the bank applied for the appointment of a receiver.
on october 4 1961 respondent filed in the companyrt of the subordinate judge execution petition number 39 of 1961 against the receiver and the appellant praying that execution do issue against the appellant as directed by the companyrt.
| 0 | test | 1975_241.txt |
After hearing companynsel for parties we directed the release of the detenu.
The petitioner challenges the order of his detention, dated April 2, 1973.
6 is this That on 29 12 72 he visited Moriani and made secret companytacts with Amritlal Sarkar, Kartik Sarkar and others of Moriani and spoke ill of Assamese people and the State Government.
The order was made by the District Magistrate, Sibasagar, under Section 3 2 read with Section 3 1 a ii of the Maintenance of Internal Security Act, 1971 with a view to preventing the petitioner from acting prejudicially to the maintenance of public order The District Magistrate served the grounds of detention on him on April 3, 1973.
The petition was heard by is on October 30, 1973.
N. Dwivedi, J. It is a petition for a writ in the nature of a writ of habeas companypus under Article 32 of the Constitution.
| 1 | train | 1973_312.txt |
They did number participate in the crime.
In companysidering this issue the Trial Court has reiterated that the murder was companymitted by the accused Prema, Khillan, Gainda and Sangram Singh.
After hearing about the assault from the companyplainant PW2 , Phool Singh PW7 and two other persons, Meharban and Rajaram went to the spot.
Against the aforesaid judgments, Khillan and Gainda Lal have filed the present appeal.
All the accused tried to catch him but he ran away and reached his home.
The Trial Court also companycludes that the injuries on the deceased were number the result of the tractor turning turtle on he was being carried.
The defence version that Baba had assaulted Toophan, because Sushila Bai had been found in a companypromising position with the Baba, was disbelieved as numberquestion was put to her on behalf of the accused when she was examined as PW 9.
As a result of the assault Mama, Toophan Singh, fell on the ground.
When he tried to intervene the appellant, Prema exhorted the other accused to kill the companyplainant also.
The reasoned order will follow.
On the information being received, Crime No.108/91 was registered at Police Station, Kachnar under Sections 147, 148, 302/149 IPC.
Criminal Appeal No.1540/2008 is taken on board.
Prabhulal PW2 merely stated that they were armed with lathis, and were only standing at the spot.
On an examination of Toophan Singh, they found that he had died.
It is also numbericed that the participation of Durzan, Kashi Ram, Gyarsia lal and Bihari is number proved by their mere presence.
According to Dr. Natwar Singh PW1 , there were five incised injuries on Toophan Singh.
The Trial Court rejects the submissions on behalf of the defence that independent witnesses have deliberately number been examined.
The injuries have resulted in the instantaneous death of Toophan Singh.
Thereafter Trial Court evaluated the evidence of Prabhulal PW 2 , Shrilal PW 4 , Phool Singh PW 7 .
On the basis of the above the Trial Court companycluded that the four accused namely Prema, Khillan, Gainda and Sangram Singh had inflicted the fatal injuries on the deceased.
This witness was of the opinion that cause of death of Toophan Singh was due to shock as a result of hemorrhage caused by the aforesaid injuries.
However, the assailants ran away.
Upon companyclusion of the trial the Addl.
We number proceed to give the reasons.
The Trial Court disbelieved the witness since 5 incised injuries had been caused on the body of the deceased which companyld only have been caused by a sharp weapon.
They all took up the plea that due to enmity, they have been falsely implicated.
Sessions Judge acquitted Durzan, Kashi Ram, Gyarsia Lal and Bihari of all the charges.
The third issue framed by the Trial Court is whether on the aforesaid date, time and place the accused persons formed unlawful assembly to kill Toophan Singh with deadly weapons and using the force and aggressions companymitted while assaulting Toophan Singh.
The Trial Court numbericed that there was hardly any credible evidence about the assault by Durzan, Kashi Ram, Bihari and Gyarsia Lal.
Prabhulal had deposed about the assault whereas Shrilal and Phool Singh talked of the events after Prabhulal informed them of the assault on Toophan Singh by the accused.
The incident was reported by Prabhulal, son of Anant Singh, on the same day at about 1300 hrs.
The ocular evidence is companyroborated by the evidence of Dr. Natwar Singh PW1 with regard to the nature of the injuries, time and cause of death.
However, the companyviction and sentence of Sangram Singh was set aside and he was duly acquitted.
For accepting their evidence the Trial Court numberices that the report was immediate lodged in which Prabhulal and Phool Singh was shown.
The Trial Court then numberices the submission that semi digested food had been found in the intestine, even though, Prabhulal PW2 had stated that usually the deceased was taking tea in the morning.
The three witnesses are companysistent on the material facts of the incident.
From the above, it is quite evident that it was upon the thorough companysideration of the evidence that the Trial Court has rendered its verdict.
Upon companyclusion of the investigation charge sheet was filed and all the eight accused were sent up for trial.
Prema, Gainda Lal, Khillan and Sangram Singh were companyvicted of murder of Toophan Singh under Section 302/34 and sentenced to life imprisonment and Rs.500/ each as fine.
Therefore, they have been acquitted.
He had received deep cut wounds over his head and blood was oozing out of them.
Sushila Bai who was working in the field is said to be an eye witness of the assault.
It is also the case of the prosecution that the Prema and his sons had a dispute over land with the deceased and his family.
Sushila Bai had insisted that Baba had assaulted the deceased with the lathi.
Investigation was also immediately started.
We may briefly numberice the salient facts involved in this appeal.
The Trial Court also numbericed that the weapons of offence had been recovered at the instance of the accused.
All the accused pleaded number guilty.
The second issue framed by the Trial Court was whether all the accused armed with Farsas, Luhangi lathi and Lathi on 08.12.1991 at 10 AM in furtherance of companymon object and knowledge assaulted Tufan Singh in Village Aam Khera Patharia?
It was further directed that in case of default they would undergo a further sentence of two months R I. Aggrieved by the aforesaid judgment the present petitioners appellants along with Sangram Singh challenged the same in appeal before the High Court.
The High Court upon re appreciation of the entire evidence upheld the companyviction and sentence of the appellants, Prema, Khillan, Gainda and Sangram Singh.
It was the case of the prosecution that eight accused persons, namely, Prema, Khilan, Gaindalal, Sangramsingh, Durzan, Kashi Ram, Gyarsia Lal and Bihari had formed an unlawful assembly.
It is numbericed since she did number support the prosecution case she had been declared hostile.
Sushila Bai had said that Baba had assaulted the deceased with a lathi.
Only injury No.6 companyld have been caused by a blunt weapon.
He went running to the spot and saw that accused Prema, Gainda and Khilan armed with farsas and Sangram armed with luhangi along with Durzan, Kashi, Gyarsia Lal and Bihari armed with lathis, were assaulting his Mama, Toophan Singh.
SURINDER SINGH NIJJAR, J. On 16.2.2010 this Court had passed the following order Mr. S.K. Dubey, learned senior companynsel appearing for the respondent submitted that arising out of the same judgment, the State of P. has also filed another Criminal Appeal No.1540/2008 against the acquittal of Sangram Singh and requests that the said appeal may also be heard along with the present appeal.
The Trial Court thereafter numberices the evidence of Sushila Bai PW9 .
P.C. were recorded on the same day.
The injuries which were found over the dead body were mainly caused by sharp edged weapon which may be farsas as well as luhangi.
The Statements of Shri Lal under Section 161 Cr.
It was stated by the companyplainant, Prabhulal PW2 that on 8.12.1991 when he had gone to the fields to answer a call of nature, he heard the cries of his Mama, Toophan Singh, shouting mar diya mar diya.
They armed themselves with deadly weapons and assaulted Toophan Singh, in furtherance of their companymon object to kill him, in which they succeeded.
The Trial Court was of the opinion that Prabhulal PW2 had merely stated that the deceased usually companysumed tea only but there was numberstatement to the effect that on that particular day the deceased had number eaten anything else.
These persons had numberintention to kill Toophan Singh number had they formed unlawful assembly to kill him.
The appeals are dismissed in terms of the signed order.
| 0 | train | 2010_221.txt |
the accused companyld be apprehended if a raid was companyducted.
An FIR was thereupon lodged and after investigation, a case was filed in Court.
This appeal by way of special leave has been filed by the Central Narcotics Bureau impugning the judgment of the High Court of Judicature for Rajasthan, whereby the respondent Bahadur Singh, has been acquitted of an offence punishable under Section 8/18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 hereinafter called the Act.
The High Court has gone through their statements carefully and has given a categoric finding that they differed with each other in material particulars.
The evidence of P.W. 9 and P.W. 4 when read together makes the ownership of the Dhaba companypletely companyfusing and uncertain.
As per the prosecution story, at 600p.m.
The raiding party companysisting of P.W. 6 Inspector, Rajendra Kumar and P.W.10 Narayan Singh amongst others proceeded from Neemuch to the Dhaba and as they reached that place Bhanwar Singh, the alleged owner of the Dhaba, and Shyam Singh ran away though the respondent Bahadur Singh was apprehended.
A numberice under Section 50 of the Act was, accordingly, served on him and he was also searched and a key was recovered from his person.
on the 5th of December, 1997, information was received by P.K. Sharma, Inspector of the Central Bureau of Narcotics which was recorded by him in Exhibit P7 that Bahadur Singh and Shyam Singh who were servants in the Dhaba belonging to one Bhanwar Singh situated on the Chittorgarh Mangalwad Highway near village Nardhari, had struck a deal to sell about 20 kgs of opium to a truck driver and as the exchange was likely to take place sometime during the night of 5th/6th of December, 1997, at about 200 or 300a.m.,
| 0 | train | 2010_890.txt |
OF 2019 SPECIAL LEAVE PETITION CRIMINAL NO.
It is submitted by the CBI that the High Court granted bail to the Respondent without assigning any reason, and such grant of bail by the High Court is in question in this petition.
It has also been brought to the numberice of this Court that the Respondent, with the dishonest intention of deceiving and alluring investors, as well as agents and business developers, had got brochures of the Tower Group of companypanies published.
During the interregnum also, he was released on bail several times.
In companypliance with the order dated 09.05.2014 passed by this Court in Writ Petition Civil No.
A letter dated 08.08.2019 written by Justice Talukdar, a companyy of which was produced before this Court, reveals that numberproperty of the Tower Group of companypanies has been sold by the OneMan Committee so far, and as a companysequence, numberamount has been deposited in the account of the One Man Committee or returned to the investors.
5748 of 2016.
He was also an authorised signatory of all bank accounts of the companypany and used to companyduct agents meetings.
RC10 S /2014 CBI SCB Kol, dated 04.06.2014, against one Tower Infotech Ltd. the accused companypany , and several persons in companynection with the affairs of the companypany, including the Respondent Ramendu Chattopadhyay, the Chief Managing Director of the accused companypany, treating Baliapal PS Dist.
During the companyrse of investigation, it was prima facie established that the Respondent, the accused companypany, and one Ashis Chatterjee, a director in several companypanies under the Tower Group, were liable to be chargesheeted.
In the aforesaid brochures, a letter was published in the name of Smt.
The Respondent was arrested on 10.03.2016, before being released on bail by the impugned order.
Subsequently, he was released on bail by the impugned order, as mentioned supra.
On the companytrary, it is submitted that the Respondent is companyperating with the investigation agencies and the OneMan Committee.
He was a key decision making authority of the companypany, and used to sign certificates issued to the investors and other important documents.
Though material was also found against another director of the accused companypany, Ranjit Mullick, numberfurther action was taken since he had expired by then.
This appeal by special leave has been filed by the Central Bureau of Investigation the CBI questioning the order dated 15.02.2018 granting bail to the Respondent passed by the High Court of Orissa at Cuttack in BLAPL No.
As per the chargesheet, the accused companypany used to receive cash from the investors so that the Respondent, who used to receive cash directly from the companypany account frequently, without proper accounting, companyld easily siphon off the money.
The Respondent was granted interim bail by the High Court on 09.05.2017 in Misc.
The case of the CBI revolves around the allegation that all the accused companyspired amongst themselves to run companylective investment schemes in the name of the accused companypany and by inducing the public to invest under these schemes with the allure of high returns, companylected funds amounting to Rs.
The records prima facie reveal that the Respondent was the founding director of the accused companypany.
462 OF 2019 Leave granted.
Per companytra, Shri Basanth, learned Senior Counsel for the Respondent argues in support of the impugned order by companytending that the Respondent has number misused his liberty and has number companye in the way of selling of companypany assets by the OneMan Committee companystituted for the purpose.
CRIMINAL APPEAL NO.
15,69,35,003/, thereby cheating the investors of such amount.
This appeal by special leave has been filed by the CBI questioning the order of the High Court of Orissa at Cuttack granting bail to the Respondent herein in BLAPL No.
As per the allegations, he used to mislead the agents by stating that the companypany had necessary permissions from the regulatory authorities to companylect funds, and also used to project in the meetings that the returns paid by the accused companypany to its investors were higher than any other agency.
Further investigation under Section 173 8 of the Code of Criminal Procedure was kept open.
The Respondent was released on bail again by the impugned order.
255,91,00,541/, but did number repay the amount to the tune of Rs.
401 of 2013 in Subrata Chattoraj v. Union of India, the CBI registered an FIR vide Case No.
MOHAN M. SHANTANAGOUDAR, J. Signature Not Verified CRIMINAL APPEAL NO.
In pursuance of the above findings, a chargesheet was filed against the Respondent, and against Ashis Chatterjee and the accused companypany, under Section 120B read with Sections 420 and 409 of the Indian Penal Code the IPC , and Sections 4 and 6 of the Prizes and Chit Money Circulation Scheme Banning Act, 1978.
120 OF 2019 Date 2019.11.19 175910 IST Reason Leave granted.
Digitally signed by ASHWANI KUMAR OF 2019 SPECIAL LEAVE PETITION CRIMINAL NO.
| 1 | train | 2019_1193.txt |
751 of 1964.
The appellant rejected both the prayers made by the respondent, and that took the respondent to the High Court under Article 226 of the Constitution.
240 p.m. as pension.
The High Court rejected the respondents first claim but found in his favour on the alternative claim and directed the appellant to refix his pension by treating the respondent as having been companyfirmed on 23rd August 1956.
On 24th April, 1954, while holding the post of Senior Head Assistant, he was temporarily promoted as Registrar in the Supply Department of the Orissa Secretariat.
In due companyrse, he was promoted to higher posts, such as Junior Head Assistant and Senior Head Assistant.
910 H 911 B What R. 6 guarantees is that the public servants who were transferred to Orissa will number suffer in regard to their pay,, allowance, leave and pension these respective companyditions did number include a claim for promotion to a higher selection post because for such promotion a number of factors such as the existence of a vacancy, seniority, the record of the officer companycerned, the eligibility of other persons, etc.,
In companying to its companyclusion, the High Court had incorrectly assumed that the protection afforded by R. 6 to the public servants transferred to Orissa took within its sweep claims for promotion to higher posts and that in determining whether R. 6 had been companytravened it would be relevant and material to inquire when the officer in question would have been promoted to a companyresponding post if he had companytinued in service in Bihar.
S. Bindra, B. R. G. K. Achar and R. N. Sachthey, for the appellant.
These Rules were framed by the Governor General in Council in exercise of the powers companyferred on him by section 23 2 of the Government of India Construction of Orissa Order, 1936, in view of the fact that a separate Province of Orissa had already been formed on the 1st April, 1936.
HELD The High Courts order must be set aside and the respondents writ petition dismissed.
In the appeal to this Court, it was also companytended, inter alia, that in view of another specific instance where the entitlement to salary of a Registrar was determined by reference to the date when an officer junior to him in the Bihar service was promoted as Registrar, the treatment meted out to the respondent was discriminatory.
912 G 913 B D The instance cited to show discrimination against the appellant was also outside R. 6 and the fact that in one case the appellant might have misconstrued the scope and effect of R. 6 would number justify a claim by the respondent that the Rule should be similarly companystrued in all other cases thereafter.
N. Andley, Rameshvar Nath and P. L. Vohra, for the res pondent.
On 22nd December, 1954, he was reverted to his substantive post as Head Assistant in the Home Department.
290 p.m. In the alternative, he urged that he should be deemed to have been companyfirmed as Registrar at the latest on the 23rd August, 1956 he pleaded this date, because his case was that on that date, Mr. J. N. Dutta, who was Junior to him in the cadre of the old Bihar Orissa Secretariat, had been companyfirmed as Registrar in the Bihar Government.
By this writ petition, the respondent claimed an appropriate writ calling upon the appellant to fix his pension either on the footing that he had been companyfirmed as Registrar on the 24th April, 1954, or, at any rate, on the 23rd August, 1956.
Later, he was again promoted to officiate as Registrar in the Supply Department on 3rd February, 1956.
For the purpose of determining this amount, the relevant date was the date on which he was companyfirmed as Registrar, because he held the post of the Assistant Secretary to which he was promoted for some time, only on an officiating basis.
The appellant State rejected these claims and respondent thereafter took the matter to the High Court by a writ petition under Art.
Eventually, he retired from service on the 17th October, 1959.
When the said Province was formed, he was transferred to the Orissa Secretariat, Home Department.
190 per month by reference to 14th October, 1958, which was the date on which he was companyfirmed as Registrar.
Appeal from the judgment and order dated May 7, 1963 of the Orissa High Court in O.J.C. No.
In June, 1957, he was promoted to officiate as Assistant Secretary in the same Department, and ultimately he was companyfirmed as Registrar in the Orissa Secretariat on the 14th October, 1958.
The Judgment of the Court was delivered by Gajendragadkar, C.J. This appeal which has been brought to this Court on a certificate granted by the Orissa High Court, raises a short question about the companystruction of Rule 6 of the Rules issued by the Governor General in Council on the 15th September, 1936, for the protection of members of a Provincial or Subordinate service required to serve in, or in companynection with, the affairs of Orissa hereinafter called the Protection Rules .
At the time of his retirement, a question arose about fixing the amount of his pension.
Bihar Government.
916 C CIVIL APPELLATE JURISDICTION Civil Appeal No.
The appellant, the State of Orissa, fixed the pension of the respondent at Rs.
270 of 1962.
On this latter basis, the respondent would be entitled to get Rs.
The respondent then represented to the appellant that he should be deemed to have been companyfirmed as Registrar on the 24th April, 1954, and his pension calculated on that basis at Rs.
The said question arises in this way The respondent, Durga Charan Das, joined as an Assistant in the old Bihar Orissa Secretariat prior to the formation of the Province of Orissa.
| 1 | train | 1965_344.txt |
in this appeal by special leave.
The other four accused were companyvicted of offences under Section 302 read with Section 149, Section 323 read with Section 149 and Section 147 of the Code, the sentences r warded to them on the three companynts being imprisonment for life, rigorous imprisonment for one year and rigorous imprisonment for 4 months respectively.
The names of Ramji Lal, Manesh Chandra and Lalji are mentioned in that report as three of the nine assailants of Manhu Mal.
2/2 which was lodged by Nanhu Mal at the Jhansi Kotwali police station on the same night.
4 forming pan of the floor of the respondent room.
The five companyvicts challenged the judgment of the learned Additional Sessions Judge, which was dated the 2nd of November 1970, in five separate appeals instituted before the Allahabad High Court, a Division Bench of which acquitted Jagdish alias Panda and Phool Chand of the charge in its entirely.
Nanhu Mal was carried in a tonga by Lajjawati PW 1 , Ram Swarup PW 4 and Jhanda Mal CW 1 to the hospital on the way to which, however, he succumbed to his injuries.
The deceased, whose age was estimated at 32 years, was found to have suffered seven injuries which companysisted of an incused stab wound in the left side of the chest, an abraded companytusion in the head, another companytusion on the face and 4 abrasions.
In regard to the other eye witnesses it was of the opinion that they were either unreliable or had reached the spot after the assault was over.
Ramji Lal, Lalji, Mahesh Chandra and Jagdish entered the room of the restaurant while their five companypanions blocked the entrance to it.
Out of them only Mahesh Chandra has challenged the judgment of the High Court, which is dated the 5th of October 1971.
The injury was fresh and bleeding.
The sentences of imprisonment in the case of each of the companyvicts were directed to run companycurrently.
who was employed as a servant at the restaurant and was sitting on a stone slab just outside it, rushed into the room to save his master but was struck on the head with the iron bar carried by Lalji, The assailants then made good their escape.
At 9 55 p.m. on the same date Ram Swarup PW 4 was medically examined by Dr Prabhakar PW 23 and was found to have sustained a bone deep companytused wound on the right side of the fore head.
The incised wound had cut the left pleura and had an exit at the back.
Ramji Lal whipped out the gupti and thrust it into the chest of Nanhu Mal who was given blows with iron bars by Mahesh Chandra and Lalji.
The autopsy was companyducted by Dr. I.S. Mathur PW 20 on the 7th of April 1969 from 1 30 p.m. onwards.
The companyviction of Ramji Lal under Section 302 of the Indian Penal Code and that of his companyaccused Mahesh Chandra and Lalji for an offences under that section read with Section 149 of the Code was companyverted by the High Court to one under Section 326 read with Section 149 thereof and each one of them was sentenced to rigorous imprisonment for six years on that companynt, while their companyviction in respect of the other offences and the sentences awarded to them in that behalf by the learned Additional Sessions Judge was maintained, with a direction that all the sentences shall run companycurrently.
The death had resulted from this injury.
Ram Swarup PW 4 .
On the night between 5th and 6th of April 1969, Ramji Lal and Mahesh Chandra accused gave a beating to the deceased with hockey sticks, hurled abuses at him and threatened him with death.
Their three companypanions, whose names are unknown, were armed with a lathi each.
Lajjawati PW 1 went to the Nauabad police station and there lodged the first information report in relation to the murder of her husband at 10.30 p.m. on the same night.
The investigation was carried out by Sub inspector Jurbal Singh PW 24 who secured a blood stained stone slab Ex.
All the accused denied the allegations made against them by the prosecution in toto, and pleaded false implication on account of enmity.
Mahesh Chandra felled the deceased, who was inside the room, to its floor.
at about 9.30 p.m, the restaurant was raided by 9 persons including the six accused, who were all armed, Ramji Lal with a gupti Mahesh Chandra and Lalji with iron bars, Brij Kishore with a bicycle chain and Jagdish and Phool Chand with hockey sticks.
On the 6th of April 1969.
The occurrence was witnessed number only by Ram Swarup PW 4 but also by six other persons, who are Nanhu Mals wife Lajja wati PW 1 , Munna PW 5 , Ajudhi PW 9 , Tulsi Das PW 10 , Hari PW 13 and Nanhu Mals brother jhanda Mal CW 1 .
The incident was made the subject matter of a report Ex.
The defence evidence was calculated to show that the Investigation had number been fair.
In companysequence, Brij Kishore accused was acquitted of the charge while Ramji Lal accused was companyvicted of the offences under Section 302.
D. Koshal, J. For causing the death of one Nanhu Mal, a resident of the town of Jhansi, six other residents of that place, namely, his sisters son Ramji Lal, Mahesh Chandra, Jagdish alias Panda, Phool Ghand, Lalji alias Ajai Kumar and Brij Kishore were tried by the First Additional Sessions Judge, Jhansi.
The stains on the slab were declared as a result of Chemical analysis to be those of human blood.
| 0 | train | 1978_241.txt |
Before the High Court the revision petition was treated to be one under Section 482 of the Code, though styled as one under Section 401 read with Section 402 of the Code.
Appellant No.1 is the wife of appellant No.2 who is a doctor by profession.
In any event, appellants were number heard before the order was passed.
Initially in the present petition the appellants were impleaded as parties but at the request of respondent No.1, their names were deleted.
A brief reference to the factual aspects would suffice.
No.2535 of 2006 Dr. ARIJIT PASAYAT, J. Leave granted.
After hearing the revision petitioner respondent No.1 herein the said revision petition was dismissed.
927 OF 2007 Arising out of SLP Crl.
CRIMINAL APPEAL NO.
The High Court allowed the petition and directed the Magistrate to issue process against the appellants.
Challenge in this appeal is to the order passed by a learned Single Judge of the Calcutta High Court allowing the application under Section 401 read with Section 402 of the Code of Criminal Procedure, 1973 in short the Code .
Questioning companyrectness of the order passed by the learned Magistrate, an application for revision was filed before the learned Additional District and Sessions Judge, First Track Court V, Alipore, South 24 Parganas.
The main grievance in support of the petition is that the appellants were number granted opportunity of being heard before the petition was allowed by the learned Judge.
| 0 | train | 2007_609.txt |
The said circular does number run companynter to the limited nature of recognition granted to NTC by order dated November 8, 1979.
This recognition is limited to teaching the aforesaid vocational subjects only.
The last circular dated November 6, 1985 only gives effect to the directions companytained in the earlier circular dated January 7, 1985.
Only on 31.5.1995 an order of termination was served on her.
The circular dated August 6, 1984 cannot be companystrued as giving a fresh recognition to NTC and, therefore, the question of withdrawal of recognition granted earlier by the subsequent circulars dated January 7, 1985 and November 6, 1985 does number arise.
She filed a writ petition before the Rajasthan High Court wherein an order of stay was passed.
It would thus appear that limited recognition was given to NTC by order dated November 8, 1979 in the matter of teaching vocational subjects of the certificate and the subsequent circulars dated August 6, 1984, January 7, 1985 and November 6, 1985 do number detract from that position.
This was clarified by circular dated January 7, 1985 wherein it has been stated that the NTC holders have been given recognition to teach industrial subjects in the secondary schools for companyferring NTC and that candidates holding NTC are number eligible for the post of teachers in the Panchayat Samities.
The services of the Respondent pursuant to the said circular had also been terminated, relying on the said circular by the appellant herein, by an order dated 11.5.1987.
The terms and companyditions of her appointment were governed by Rajasthan Panchayat Samitis Zila Parishad Service Rules, 1959 the Rules, for short .
The Director, Primary and Secondary Education issued a circular directing termination of the services of temporary teachers who possessed only diploma in Tailoring.
The NTC is granted by the ITI after a companyrse of training in a particular craft.
The services of the Respondent were terminated in the year 1984 but she was reappointed on a temporary basis.
By order dated November 8, 1979, the State Government recognised the NTC given by ITI for teaching vocational subjects in Secondary Schools in certain specified crafts, namely, wood work, tailoring, leather work and spinning weaving.
In the circular dated August 6, 1984, reference has been made to the order dated December 11, 1974, whereby certificates of Industrial Examinations of the Rajasthan Government were recognised as equivalent to Arts and Handicraft Examinations of Vidya Bhawan, Udaipur, and it was directed that since the Handicraft Diploma Certificates of Vidya Bhawan have been recognised as equivalent to basic training BSTC by the Education Department, the Industrial Examination of the State Government has also been treated as equivalent to BSTC.
Ultimately both her writ petitions, namely, W.P.Nos.2973/94 and 1383/87 were dismissed by a learned Single Judge of the High Court by an order dated 22.8.1995.
She again filed a writ petition, which was marked as W.P. No.2973/94 before the High Court challenging the said order of termination.
Letters Patent Appeals were preferred thereagainst by the Respondent No.1 and by reason of the impugned judgment, the Division Bench of the High Court directed For the foregoing circumstances, we are of the opinion that the appellant is entitled to a direction as made in Neera Joshis case, Loomb Singhs case.
Seco ndary examina tion prior to 1990 shall also be eligible The minimum qualification required for the post of Primary School Teacher was the Matriculation and Basic Short Training Certificate BSTC companyrse.
An interim order of stay was passed therein.
The Respondent was appointed as a Grade III teacher on 25.11.1983 by the Panchayat Samiti, Padampur.
Pursuant to or in furtherance of the said interim order of stay, she companytinued in service.
B. SINHA, J The State of Rajasthan enacted Rajasthan Panchayat Samiti Zila Parishad Act, 1959 the Act, for short .
| 1 | train | 2006_244.txt |
According to him, the appellant, his father, brother and mother used to purchase mobile oil from him from time to time.
Aggrieved by the said decision, the appellant has companye up in appeal before us.
227739 drawn on Indian Bank, Sonepat in the sum of Rs.24,92,115/ in discharge of their liability towards him.
Their stand was that numbersuch cheque was ever signed, issued or got issued by them at any point of time in favour of the companyplainant.
All the accused put in appearance numberice of accusation was given they pleaded number guilty and claimed trial.
After receiving the return memo alongwith forwarding 03.01.2001, the companyplainant came to know for the first time that the accused have issued the aforesaid cheque dt.
03.01.2001 to the companyplainant vide which the O.B.C., Samalkha also informed that a sum of Rs.3136/ has been debited in the companyplainants account as companylection charges.
In their reply to the legal numberice, the accused denied having any business dealings with the companyplainant as also the issue of cheque in question by any one of them.
Paragraph 3 of the companyplaint, which companytains the gist of companyplainants case and has a bearing on the issue involved in this appeal, reads as follows That the companyplainant handed over the cheque No.
Thereafter, all the four accused filed petition under Section 482 of the Code praying for quashing of the companyplaint.
Thereafter, on 17th January, 2001, the companyplainant got a legal numberice issued to all the four accused asking them to pay the cheque amount.
The companyplainant has also came to know that all the above named accused being a family members, formed an unlawful group to play fraud with the public and there was several other instances.
By the impugned judgment, the learned Judge, while partly allowing the petition preferred under Section 482 of the Code of Criminal Procedure, 1973 for short the Code seeking quashing of a private companyplaint filed by the respondent hereinafter referred to as the companyplainant under Section 138 of the Negotiable Instruments Act, 1881 for short the Act has dismissed the petition qua the appellant.
As regards the rest of three accused petitioners, the learned Judge allowed the petition holding that neither the cheque had been issued by them number they had been shown to be vicariously liable under Section 141 of the Act.
The companyplainant presented the cheque for payment to his bankers, which was returned unpaid on 29th December, 2000 with the remarks Account closed.
20.11.2000 of Indian Bank, Sonepat to its banker Oriental Bank of Commerce, Samalkha for the companylection of the amount of aforesaid cheque after about one month as requested by the companyplainants.
227739, dt.
As numbered earlier, by a short order, the High Court has dismissed the petition qua accused No.1, the appellant herein, on the ground that the plea of the appellant that the cheque was number issued by him involved a disputed question of fact which companyld number be gone into by the Court in proceedings under Section 482 of the Code.
The return memo dated 29.12.2000 alongwith original cheque was returned by the O.B.C., Samalkha alongwith its forwarding letter dt.
20.11.2000 with a fraudulent intention knowing fully well that the accused have numbersufficient amount for the encashment of the aforesaid cheque or the said account was number in existence on that date or the said account pertained to someone else.
Dissatisfied with the response to the legal numberice, the companyplainant filed a companyplaint under Section 138 of the Act against the afore noted four persons.
According to the companyplainant, on 20th November, 2000, all four of them got issued a cheque bearing No.
emphasis supplied The Chief Judicial Magistrate, Panipat took companynizance of the companyplaint and vide order dated 20th September, 2003, directed issue of numberice to all the accused.
In order to appreciate the companytroversy, a few material facts may be stated thus The companyplainant is engaged in the trading of petroleum products.
But the Indian Bank, Sonepat returned the said cheque with the remarks Account closed vide return memo dated 29.12.2000.
K. JAIN, J. Leave granted.
This appeal arises from the judgment and order dated 13th December, 2005 rendered by a learned Single Judge of the High Court of Punjab Haryana at Chandigarh in Criminal Miscellaneous No.
47932 M of 2004.
| 1 | train | 2009_1792.txt |
The bungalow was let out to the respondent.
On receipt of the report the trial Court found that numberunauthorised companystruction had been raised by the defendant but that it was the plaintiff who had companystructed a trellis work.
The respondent number applied in revision to the High Court, and at some stage the revision petition was permitted to be companyverted into a writ petition.
The appellant then filed a suit for the ejectment of the respondent.
The trial Court appointed a Commissioner to report on the question whether an unauthorised companystruction had been raised.
On 27th Sept. 1963 the appellant issued a numberice to the respondent terminating his tenancy.
It was alleged that the respondent had raised an unauthorised companystruction and was, therefore, liable to forfeit the tenancy.
On appeal by the respondent the decree of the trial Court was reversed by the first appellate Court and the suit was decreed on the finding that the respondent had in fact raised an unauthorised companystruction by companyverting a shed into a room.
The appellant is the owner of a bungalow situated at Dhulia.
S. Pathak, J. This appeal by special leave granted by this Court is directed against the judgment and order of the High Court of Bombay allowing a writ petition filed by the respondent.
| 0 | train | 1980_256.txt |
On this question, the High Court has differed with the companyclusion reached by the Judicial Magistrate, First Class, Muktsar who had companyvicted the appellant by his judgment and sentence dated April 17, 1974 under Section 324 and released him under Section 4 of the Probation of Offenders Act 1958.
Some three weeks after the occurrence i.e. on May 16, 1973 after Darshan Singh was discharged from the Hospital, he got himself X rayed by Dr. O.P. Goyal, Radiologist, Civil Hospital, Faridkot, CW 1.
On the same day at about 2.30 p.m., Darshan Singh was medically examined by Dr. S.K. Saluja, Medical Officer, Civil Hospital, Muktsar, PW 1.
He found that Darshan Singh had an incised wound 4cm x cm bone deep on the top of the middle of his head.
Fortunately, Darshan Singh was wearing a turban which cushioned off the force of the blow leaving only a bleeding injury.
On the police challan, the learned Magistrate framed a charge under Section 324 of the Indian Penal Code but later on the application by the companyplainant altered the charge to one under Section 326.
On April 22, 1973 at about.
At the instance of the companyplainant, the learned Magistrate also summoned Dr. Goyal, who had performed the radiological examination, as a Court Witness.
In his report, Dr. Goyal found that the X ray plate revealed a partial cut of the skull vault.
Darshan Singh remained an indoor patient in Civil Hospital, Muktsar from April 22 to April 29, 1973.
The prosecution case in brief was as follows.
10 a.m. in Village Motlewala the appellant, who is a Teacher in Government School, after an altercation and exchange of abuses struck the companyplainant Darshan Singh, PW3 with a gandasa on the middle of his head.
In his opinion, the injury was simple in nature.
| 0 | train | 1986_412.txt |
In the said order, it is categorically mentioned by the learned Judge of the A. S.L.P. C No.11118 of 2007 8 Reference Court that the amount claimed by appellant for water reservoir and sluice gate be assessed at Rs.6,46,579.95.
6,46,579.95, as companypensation towards water reservoir and sluice gate but in his wisdom accepting the evaluation report of the Irrigation Ministry and rejecting that of an Engineer he awarded a sum of Rs.24,145/ for the same and also awarded interest 6 with solatium at the rate of 15.
A. S.L.P. C No.11118 of 2007 4 Order dated 05.07.1983 passed by Reference Court makes it clear that award was companytested mainly on two grounds.
6,46,579/ as companypensation for water reservoir and sluice gate.
Following is the relevant and operative part of the order dated 5.7.1983 In the result the reference is sent back to the Land Acquisition Officer with direction that it shall fix the companypensation regarding the acquired Bandhan and gates.
Accepting the companytention of the appellant that the Land Acquisition Officer had number awarded companypensation with respect to the water reservoir and the sluice gate, the Reference Court, while numbering that it cannot exercise the original jurisdiction of Land Acquisition Officer, vide order dated 05.07.1983, remitted the matter to the Land Acquisition Officer for fixation of companypensation A. S.L.P. C No.11118 of 2007 3 with respect to water reservoir and sluice gate.
15, was acquired for companystruction of Bagda Branch Canal.
In the teeth of the order dated 5.7.1983, appellants application dated 22.3.1978 filed before the Land Acquisition Officer and statement of claim dated 24.11.1984 filed by the appellant, it was crystal clear that a sum of Rs.6,46,579.95 was claimed for water reservoir and sluice gate.
However, the Land Acquisition Officer vide his award dated 28.10.1983 even though companysidered that appellant had claimed Rs.
Sd First Addl.
The Land Acquisition Officer passed an award dated 21.2.1975 determining the amount of companypensation payable to the appellant.
He assessed the companypensation at Rs.
46/84.
It is number disputed before us that against the said order passed by Reference Court on 5.7.1983, numberappeal was preferred by the State and the said order had attained finality.
The appellant herein once again filed application under Section 18 of the Act praying for reference to the Civil Court for grant of adequate and proper companypensation for the said reservoir and sluice gate.
Feeling dissatisfied therewith, the appellant preferred another reference being Reference No.
15,500/ in respect of the acquired land.
46/84 in the statement of claim filed by the appellant on 24.11.1984, he had specifically claimed a sum of Rs.6,46,579.95 as companypensation for the water reservoir and sluice gate installed therein.
43,463/ .
A. S.L.P. C No.11118 of 2007 5 After remand by Reference Court to the Land Acquisition Officer, fresh award came to be passed on 26.10.1983.
A numberification was issued under Section 4 of the Land Acquisition Act, 1894 for short the Act on 9.11.1973.
15,500/ as companypensation for the land, and secondly, the land acquisition officer has number fixed the companypensation regarding the Bandhan and its sluice gates fixed in the said Bandhan for which the appellant is entitled to Rs.6,46,579.95 P as companypensation.
Judge to the Court of District Judge.
The reasoning of the High Court that under Section 25 of the Act, which existed prior to 24.9.1984, only those amounts would be payable to the appellant which have been claimed specifically, does number appear to be borne out from the record.
Initially, when the appellant filed his application praying for reference to the Civil Court before the Land Acquisition Officer a sum of Rs.
25,000/ for the same.
That being so, it can safely be presumed that respondent State was fully satisfied with the said order passed by Reference Court on 5.7.1983.
However, record shows that appellant had also filed another application by way of statement of claim on 22.3.78 before the Land Acquisition Officer, Hoshangabad, praying therein that companypensation for water reservoir and sluice gate installed thereon should be payable at Rs.6,46,579.95.
5000/ per acre and secondly, the companypensation regarding Bandhan i.e. water reservoir and sluice gate should have been fixed at Rs.
6,523.95.
46/84 old No.
Vide the impugned judgment and order dated 2.4.2007, a Division Bench of the High Court of Madhya Pradesh at Jabalpur was pleased to set aside the award dated 20.06.94 passed by Reference Court in favour of the appellant and the companypensation of Rs.43,463 for water reservoir and sluice gate, as was fixed by the Land Acquisition Officer after remand, has been upheld.
This application was duly placed on record and Land Acquisition Officer was fully aware of the enhancement of the claim made by the appellant.
Feeling aggrieved by the said order award passed in Reference Case No.
The said companypensation was accepted by the appellant under protest and A. S.L.P. C No.11118 of 2007 2 reference was sought to be made to the Reference Court by filing an application under Section 18 of the Act.
6,46,579.95.
In the same, despite specific direction issued by Reference Court, as numbered earlier, the amount of companypensation for water reservoir and sluice gate was again fixed only at Rs.
Hence this appeal.
Deepak Verma, J. Leave granted.
Appellants land admeasuring 3.10 acres situated at village Pehantala, Tehsil District Hoshangabad falling in survey No.
Once this order came to be passed and matter stood remitted to the Land Acquisition Officer, obviously, the parties went to trial with the clear understanding that what has been claimed by the appellant herein for the water reservoir and sluice gate was as mentioned hereinabove and number at the rate of Rs.25,000/ only as was claimed earlier.
Thus, the reasoning of the High Court does number appear to be legally tenable.Firstly, that the land sought to be acquired was irrigated and market value was Rs.
Hoshangabad.
Even though, this fact also finds place in the first order passed by Reference Court on 5.7.1983 wherein, in the second part of the said order, which is relevant for the purpose of deciding the said appeal, it has been mentioned as under The applicant has companytested the award on two grounds firstly the acquired land was irrigated one and the works value of it at the time of acquisition was Rs.
Critical examination and perusal of the impugned order passed by the High Court shows that it proceeded on the assumption that appellant had number claimed amount of Rs.
6,46,579.95 as companypensation for water reservoir and sluice gate and he had companyfined his claim only at Rs.
The evidence adduced in the Court will be read as evidence before the Land Acquisition Officer after fixing the companypensation it is companytested by the applicant then the Land Acquisition Officer may again make reference as per law.
Parties to appear before Land Acquisition Officer.
25,000/ was claimed on account of water reservoir and sluice gate companystructed thereon, which was in addition to a claim of companypensation of Rs.
Thus, the total amount came to be Rs.43,463.75.
| 1 | train | 2009_1947.txt |
The instant writ was filed under Article 32 of the Constitution on 16th April, 1988 and on 22nd April, 1988, this Court passed the following order Pending numberice, there will be limited stay to the extent that the goods name, MSCR defective sheets companyls which have arrived at Bombay Port per S.S. SEA PRIMROSE will be released forthwith on petitioners paying customs and other duties as leviable on 21.8.84.
On 4th April, 1988, the petitioners agent companytacted the customs authority for clearance of the goods.
In addition to the above payment the petitioner will deposit Rs.5 lakhs and for the balance amount petitioner will furnish surety which may companysist of ITC bond but excluding cash bank guarantee NSC FDR to the satisfaction of the Collector of Customs.
The petitioner states that thereafter he came to know that the income tax authorities had imposed ban under section 132 1 of the Income Tax Act, 1961.
This was endorsed on 24th August, 1984.
443 of 1988.
This factor was number of the petitioners making, according to the petitioner.
However, the bills of entry were returned with the remark that please obtain numberobjection from the income tax.
However, due to circumstances beyond the companytrol of the petitioner, that it to say, by the order of the Income Tax Authorities the goods companyld number be released.
The petitioner asserted that he was ever ready and willing, rather was anxious, to get the material on payment of the then prevailing customs duty.
On 30th March, 1988, the Income Tax Department issued the necessary numberobjection certificate, thus lifting the ban.
Later, they claimed rebate alleging that since the companysignments had been re ceived, stored and assessed to duty much before the promul gation of the Ordinance, they were liable to pay duty at the rate prevailing on the date of warehousing.
duty 45 and C.V.D. at Rs.325 per M.T. The total duty came to a very large sum of money.
ORIGINAL JURISDICTION Civil Writ Petition No.
The licence holder transferred the same in favour of M s Metalic metal Indus tries.
The duty as is prevalent number is Rs.5,000 per M.T. addl.
The demand, according to the petitioner, was arbitrary, illegal and unconstitutional.
Rajiv K. Garg and N.D. Garg for the Petitioner.
The transferee licence holder issued a letter of authority in favour of the petitioner for the import of MSCR defective sheets or companyls.
Under Article 32 of the Constitution of India .
Soli J. Sorabjee, Attorney General, M. Chandrasekharan and P. Parmeswaran for the Respondents.
The Judgment of the Court was delivered by SABYASACHI MUKHARJI, CJ.
The letter of authority was issued on 21st May, 1984.
The goods were bounded on 7th August, 1984.
Their appeals and revision were unsuccessful.
| 0 | train | 1990_282.txt |
4 of 1969 .
C. Sharma, K. I. Rathee, M. S. Gupta, C. L. Lakhanpal and S. K. Dhingra, for the petitioners in E.P. No.
exercised by the publication and distribution of the pamphlets, making scurrilous attack about the personal character of Sri Sanjiva Reddy.
Objection was raised to receiving the same as evidence.
C. Malik, M. S. Gupta and K. L. Rathee, for the petitioners in E.P. No.
5 of 1969 .
In Rup Chand v. Mahabir Parshad 3 the defendant, in answer to a suit for recovery of a certain sum of money on the basis of a promissory numbere.,
put forward a plea that the original promissory numbere companytaining certain endorsement had been destroyed and had been replaced by another promissory numbere bearing the same date.
The material facts relating to the strict allegations have also been given in the petition in paragraph 13 of the election petition.
5 of 1969 the, petitioners allege that offences of undue influence at the election had been companymitted by the returned candidate and by his supporters with the companynivance of the returned candidate.
K. Daphtary, D. Narasaraju, S. Mohan Kumaramangalam, S. Desai, S. K. Dholakia, J. B. Dadachanji, Ravinder Narain and O. C. Mathur, for the respondent in both the petitions .
Jagadish Swarup, Solicitor General, L. M. Singhvi and K. P. Nayer, for the AttorneY General, Election Commission and Returning Officer, Presidential Election.
In the particulars given by Shri Abdul Ghani Dar, relating to the distribution of pamphlets in question, he has stated that the persons who distributed them between August 9 and August 16, 1969 had already been mentioned in the election petition.
The defendant attempted to substantiate this plea by the oral testimony of a broker but the latter declined to support him.
Objection was raised by Mr. C. K. Daphtary, learned companynsel for the respondent, that the tape recorded companyversation was number admissible in evidence.
5 of 1969, when certain suggestions were put to him that he had tried to dissuade the first petitioner in the said Election Petition, viz.,
Election Petitions in Admissibility in Evidence of Tape Recorded Conversation.
It was at that stage that the companynsel for the election petitioner wanted the tape recording of the talk that took place between Abdul Ghani Dar and the witness to be adduced as evidence on the ground that the answers given by the witness in Court were quite companytrary to the nature of the companyversation that he had with Abdul Ghani Dar.
The Order of the Court was delivered by Vaidialingam, J. On April 1, 1970 Shri Jagat Narain R.W. 25 was being cross examined by the companynsel for the petitioners in Election Petition No.
4 and 5 of 1969.
Though the witness admitted that he had a telephone talk with Abdul Ghani Dar, he denied various other suggestions put to him regarding the nature of the talk that took place between him and Abdul Ghani Dar.
ORIGINAL JURISDICTION Election Petitions Nos.
Issues have been framed whether the respondent, or any person with his companynivance, printed, published and distributed pamphlets and other matters companynected therewith.
It has been alleged that on August 9, 1969 an unsigned pamphlet in cyclostyled form and also printed pamphlet without bearing the name of its publisher or printer marked as Exhibits P 18B and P 37 A respectively were published by free distribution among the members of the Electoral College for the Presidential Election.
Shri Abdul Ghani bhar from filing the election petition on political reasons and when the witness denied number only those suggestions but also certain other suggestions put to him, companynsel for the petitioner represented that Shri Abdul Ghani Dar had a tape recording of the talk that took place between him and the witness and he sought permission from the Court to play the same for being put to the witness.
The further cross examination and reexamination of the witness proceeded in respect of the tape recorded companyversation which was played in Court in the presence of the witness.
In view of this objection, companynsel on both side were heard regarding the admissibility of the tape recorded companyversation, on April 2, 1970 and, after hearing arguments on both sides, we then expressed the opinion that the tape recorded companyversation companyld be received in evidence and that we would give our reasons later.
lie has further stated in the said particulars that Shri Jagat Narain was one of the persons who distributed the pamphlets in the Central Hall of Parliament on August 11, 1969 to the Members of Parliament whose names have also been given.
| 0 | train | 1970_300.txt |
x 26 ft.
The suit was registered as petition No.6/2000 before the Prescribed Authority.
The appellant herein instituted the petition under Section 21 1 a of U.P. Urban Buildings Regulation of Letting, Rent and Eviction Act, 1972 hereinafter referred to as the Rent Act for short against the predecessor of the respondents herein seeking release of the premises bearing No.83/72A, Tiwari Gali, Chhatta Bazar, Mathura.
Accordingly, the learned Appellate Judge had arrived at the companyclusion that the case for release of the property is made out and had accordingly allowed the appeal.
The learned Appellate Judge on reappreciating the entire Page 2 of 20 aspect of the matter had arrived at the companyclusion that the appellant herein had lawfully become the owner of the property and in that circumstance companysidering the predecessor of the respondents herein to be the tenant under the appellant had further examined the matter with regard to the bonafide requirement.
While so companysidering the matter, the learned Appellate Judge had also taken into companysideration that an alternative shop bearing No.83/9C situated at Chhatta Bazar, Mathura measuring 2.5 ft.
Through the said order the High Court has allowed the Writ Petition filed by the respondents herein and has set aside the judgment and order dated 09.10.2007 passed by the Special Judge, Mathura in P.A. Appeal No.1/2002 whereby the order dated 03.08.2001 passed by the Prescribed Signature Not Verified Digitally signed by MAHABIR SINGH Date 2019.11.15 162824 IST Reason Page 1 of 20 Authority Upper Civil Judge C.D. is upheld.
Hence the learned Single Judge has also taken a similar view as arrived at by the Prescribed Authority learned Upper Civil Judge and in that light has reversed the judgment passed by the Appellate Court.
The appellant, therefore, claiming to be aggrieved is before this Court in this appeal.
The appellant is, therefore, aggrieved and is before this Court.
The appellant claiming to be aggrieved by the same had filed the appeal in P.A. Appeal No.1/2002 before the Appellate Authority, namely, the Special Judge, Mathura.
S. Bopanna,J. The appellant is before this Court assailing the order dated 28.11.2007 passed by the High Court of Judicature at Allahabad in Civil Misc.
Writ Petition No.54204/2007.
The Prescribed Authority having taken into companysideration the rival companytentions, on holding that the appellant herein cannot claim ownership right over the companyarcenary property and in that light on arriving at the companyclusion that the appellant is number the landlord of the respondents and also holding that the bonafide requirement does number exist, had dismissed the petition declining the release of the shop premises in question.
| 1 | train | 2019_745.txt |
His mother was also assaulted.
When his father rushed to their rescue, he was also surrounded by them and was assaulted as a result whereof, he expired.
He alleged involvement of the appellants herein in the incident.
Indisputably, a companynter case had been filed.
Similarly, one Kanesh, son of respondent number1, examined himself as P.W.8 on 22nd January 2003.
Sessions Judge rejected the said application filed by the 1st respondent herein opining that numbercase has been made out therefor.
Before the learned Upper Sessions Judge, the respondent number1 herein was examined as P.W.2 on 23rd February 1998.
He had also attributed certain overt acts on their part, inter alia, companytending that they had assaulted his father with the reverse side of an axe farsi .
A criminal miscellaneous petition filed by the 1st respondent before the High Court against the order of the learned Upper Distt.
A charge sheet was filed only against four persons, viz.,
Sessions Judge, a large number of witnesses were examined and cross examined on behalf of the accused persons.
Kishori, Jagdish, Sarjit and Sheo.
An application was filed on or about 01st April 1998 in terms of Section 319 of the Code for summoning the appellants herein as accused.
Upon investigation, a final form was submitted in favour of the appellants.
By reason of an order dated 29th May 2003, the learned Upper Distt.
Before the learned Upper Distt.
B. Sinha, J. Leave granted.
One Ramesh Kumar, brother of the respondent number1 was also examined as P.W. 7 on 22nd January 2003.
Scope and application of Section 319 of the Code of Criminal Procedure, 1973 for short, the Code is in question in this appeal which arises out of a judgment and order dated 16th November 2005 passed by a learned Single Judge of the High Court of Rajasthan whereby and whereunder the order dated 29th May 2003 passed by the learned Upper District Sessions Judge Fast Track , Sikar, refusing to summon the appellants herein as accused, was set aside.
A First Information Report FIR was lodged by the 1st respondent alleging that his wife was attacked by nine persons including the five appellants herein.
| 1 | train | 2009_720.txt |
The total companypensation of Rs.4,38,000/ with an interest at the rate of 7 p.a.
On the basis of the annual income, his future loss of income due to permanent disability suffered by him was estimated at Rs.1,72,800/ and loss of income at Rs.51,000/ .
The right arm of the appellant had severe companypound fractures preventing him from performing his regular work as a driver hereafter.
The relevant facts of the case are stated as under On 12.11.2008 at about 6.30 p.m., Jakir Hussein, the appellant herein, was driving a Tempo bearing registration No.
The appellant filed Claim Petition No.
was awarded to the appellant by the Tribunal as against a claim of Rs.8,80,000/ made by him.
3414 of 2010 by the High Court of Madhya Pradesh at Indore, wherein the High Court partly allowed the appeal of the appellant by modifying the award passed by the MACT, Mandsor, M.P., in claim case No.
Being unsatisfied with the enhanced companypensation by the High Court, the appellant filed this appeal.
Paipa Bai etc.
MP 14 G 0547 from Krishi Upaj Mandi, Mandsor to Multanpura village, Madhya Pradesh.
3414 of 2010 before the High Court of Madhya Pradesh at Indore.
A few others were also riding along with the appellant, namely, Santosh, Kumari Krishna, Smt.
It is further companytended by him that the monthly income of the appellant has been erroneously taken as Rs.3,000/ by the Tribunal and Rs.4,000/ by the High Court when he was actually earning Rs.4,500/ per month while working as the driver.
on the enhanced companypensation.
Due to the impact of the accident, the appellant sustained grievous injuries.
At the time of the said accident, the appellant was earning Rs.4,500/ per month by working as a driver.
The High Court opined that the income of appellant has been taken on the lower side by the Tribunal and determined the same at Rs.4,000/ per month.
Further, it has awarded interest at the rate of 8 p.a.
Aggrieved by the award of the Tribunal regarding inadequate companypensation, the appellant filed M.A. No.
3 of 2009 under Section 166 of the Motor Vehicles Act, 1988 before the Motor Accidents Claim Tribunal Additional First Member, Mandsor, Madhya Pradesh.
The Tribunal determined the permanent disability suffered by the appellant on account of the motor vehicle accident at 30 and his monthly income was taken at Rs.3,000/ for the purpose of assessing annual income of the appellant to companypute his loss of future earnings.
While the appellant was on the way, a tractor bearing registration No.
4,500/ per month as a driver of the motor vehicle.
GOPALA GOWDA, J. Leave granted.
MP 14 K 4886 which was driven by Sabir respondent number1 herein, in rash and negligent manner hit the appellants tempo which was companying from the opposite direction with enormous force.
This appeal has been filed by the appellant against the judgment and order dated 24.01.2013 passed in M.A. No.
However, the Tribunal proceeded to determine his income at Rs.36,000/ per annum solely on the basis that there was numberevidence on record to prove the claim of the appellant that he was earning Rs.
The High Court has further awarded Rs.40,000/ towards medical expenses during the pendency of the appeal.
3 of 2009 dated 29.07.2010.
| 1 | train | 2015_68.txt |
Clause 5 of this deed is important for our purpose and reads as follows The profits and losses for the share of the said Murlidhar Himatsingka as partner in the said partnership firm of Basantlal Ghanshyamdas shall belong to the present partnership and shall be divided and borne by the parties hereto in accordance with the shares as specified hereafter, but the capital with its assets and liabilities will belong exclusively to Murlidhar Himatsingka the party hereto of the First Part and the Parties hereto of the Second, Third and Fourth parts shall have numberlien or claim upon the said share capital or assets of the party hereto of the first part in the business of the said Messrs Basantlal Ghanshyamdas.
under the name and style of Fatehchand Murlidhar at 14/ 1, Clive Row and 71, Burtolla Street, Calcutta.
Party hereto of the Second Part Four annas Madanlal Himatsingka .
Appeals by special leave from the judgment and order dated August 1, 1962 of the Calcutta High Court in Income tax Reference Nos.
Party hereto of the Third Part Three annas Radhaballav Himatsingka .
On December 21, 1949, a deed of partnership was executed by the said Murlidhar Himatsingka and his two sons, Madanlal Himatsingka and Radhaballav Himatsingka and a grandson named Mahabir Prasad Himatsingka.
The deed recited that Murlidhar Himatsingka had become too old and infirm to look after the various businesses and that Madanlal and Radha Ballav were already practically managing the business and that they had signified their intention to become the partners of the said firm Fatehchand Murlidhar and had agreed to companytribute capital, Rupees ten thousand, Rupees five thousand and Rupees five thousand respectively.
The Appellate Tribunal heard this appeal together with the two appeals filed by M s Fatehchand Murlidhar.
Murlidhar Himatsingka and M s Fatehchand Murlidhar having obtained special leave, the appeals are number before us.
He was also a partner in the registered firm, Messrs Basantlal Ghanshyamdas having /2/8 share.
Murlidhar Himatsingka appealed to the Income Tax Appellate Tribunal.
20 and 21 of 1959.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
21 of 1959, made at the instance of Murlidhar Himatsingka.
Murli dhar Himatsingka was carrying on business in shellac, jute, hessian etc.
21 of 1959 was made at the instance of Shri Murlidhar Himatsingka.
The Appellate Tribunal, agreeing with the views of the Appellate Assistant Commissioner, dismissed the appeal.
K. Sen, S. C. Mazumdar and J. Datta Gupta, for the appellants.
In the former reference the question referred was whether on the facts and in the circumstances of the case, the income of Murlidhar Himatsingka for his share in the firm of Messrs. Basantlal Ghanshyamdas for the assessment years 1952 53 and 1953 54 was rightly excluded from the income of the applicant firm.
In the latter reference the question referred was whether on the facts and circumstances of the case the income of Murlidhar Himatsingha for his share in the firm of Messrs. Basantlal Ghanshyamdas for the assessment year 1955 56 was rightly included in his personal assessment for that year.
M. Hazarnavis, R. Ganapathy Iyer and R. N. Sachthey, for the respondent.
1108 to 1110 of 1964.
Party hereto of the Fourth Part Three annas Mahabirprasad Himatsingka .
One of the references Income Tax Reference No.
20 of 1959 was made at the instance of M s Fatehchand Murlidhar, and the other Income Tax Reference No.
It is sufficient to take the facts from the statement of the case in Income Tax Reference No.
The parties further agreed to become and be partners in the business mentioned in the deed.
The Judgment of the Court was delivered by Sikri, J. These appeals by special leave are directed against the judgment of the High Court of Calcutta in two cases referred to it by the Income Tax Appellate Tribunal, Calcutta Bench, under s. 66 1 of the Indian Income tax Act XI of 1922 hereinafter called the Act .
The facts and circumstances out of which these references were made are companymon because the real question raised by these references is whether the income of Murlidhar Himatsingka, from the firm of M s Basantlal Ghanshyamdas, in which he was a partner, should be included in his personal assessment or in the assessment of the firm of Fatehchand Murlidhar, to which Murlidhar Himatsingka had purported to assign the profits and losses from M s Basantlal Ghanshyamdas.
Clause 10 provides The Profits and losses if any of the partnership including the shares of the profits and losses of the said partnership firm of Basantlal Ghanshyamdas aforesaid shall be divided and borne by and between the parties in the following manner Party hereto of the First Part Six annas Murlidhar Himatsingka .
| 1 | train | 1966_204.txt |
58,025, being the difference between Rs.
The terms relating to companymission were modified by agreement dated August 20, 1935, and out of the companymission agreed to be paid, 7 1/2 was to be treated as the selling companymission and 5 was to be treated as companypensation in lieu of the companytingency expenses which the selling agent had to meet, such as companymission to dyeing masters, agents, etc The rights of the selling agent were assigned with the companysent of the principals to the respondent companypany with effect from October 27, 1947.
5 of the selling agency companymission of 12 1/2 received by the assessee company from M s. Ciba Ltd. in the companyrse of carrying on the selling agency business, is exempt from tax under section 4 3 vi of the Act ?
The clause grants exemption in respect of expenses incurred, but on that account an allowance granted to meet expenses to be incurred in future in the performance of the duties of an office or employment of profit is number outside the exemption claimed.
1,90,538 received by the companypany as 5 companymission and Rs.
In assessing the income of the companypany for the assessment year 1949 50, the Income tax Officer included in the taxable income Rs.
The Commissioner has again appealed to this companyrt against the answer recorded by the High Court on the original and supplementary question.
This companyrt set aside the order passed by the High Court dismissing the application of the Commissioner and without expressing any opinion on the companyrectness or otherwise of the answer recorded by the High Court on the question referred by the Tribunal, remanded the case to the High Court with a direction that the Tribunal be called upon to state a case on the question raised in the application of the Commissioner.
The Commissioner then moved the Tribunal to draw up a statement of the case and to refer the following question to the High Court of Judicature, at Bombay Whether, on the facts of the case, a portion, viz.,
But the Tribunal only referred the following question Whether the assessee company held an office or employment of profit within the meaning of section 4 3 vi of the Indian Income tax Act ?
The application preferred by the Commissioner to the High Court for calling upon the Tribunal to submit a statement on the question originally submitted was rejected, and the High Court answered the question referred by the Tribunal in the affirmative, observing that it had been companyclusively determined by their earlier decision in Tejaji Farasram Kharawalla v. Commissioner of Income tax 1948 16 I.T.R. 260.
The Income tax Appellant Tribunal, however, upheld the companytention of the companypany that in the companyputation of the income of the companypany, the 5 companymission was wholly exempt by virtue of section 4 3 vi of the Income tax Act, 1922.
1,32,512 spent by the companypany for meeting the charges which the selling agent was to meet.
The companymission was to include all charges in companynection with the upkeep of offices and godown, turnover rebates and companytingency expense, etc.
Shah, J. By an agreement dated October 29, 1928, Ciba India Ltd. hereinafter called the principles appointed one Tejaji Farasram Kharawalla selling agent for the District of Ahmedabad in respect of certain kinds of dyes and dye stuffs, and agreed to pay him companymission at the rate of 12 1/2 on sales by him of dyes and dye stuffs of the principals.
Against the order passed by the High Court recording an answer in the affirmative on the question referred by the Tribunal and against the order dismissing the numberice of motion, the Commissioner appealed to this companyrt.
| 1 | train | 1967_277.txt |
The assessee companytended that it was entitled to the benefit of Section 81 of the Income Tax Act as in force at all material time.
Since the assessees companytention did number find favour at the higher levels also, including the reference to the High Court, the assessee has approached this Court.
The Income Tax Officer rejected this claim of exemption form tax put forward by the assessee.
While framing assessment for the relevant assessment years in question, the income Tax Officer, included in the taxable income of the assessee interest earned on securities earmarked against reserves and interest earned on Provident Fund deposits.
5813 14 of 1982.
The assessee in all these cases is a Co operative Society registered under the Madhya Pradesh Co operative Societies Amalgamation Act, 1957, hereinafter called the Act.
M. Ahmadi, C.J Special leave granted in SLP C Nos.
| 0 | train | 1996_10.txt |
While he was companying at about 8.30 p.m., the appellants emerged from their house and each of them having been armed with massals, A 1 had attacked the deceased when he came in front of their house, on the head and hit him three times on different parts.
When the deceased had fallen, A 2 again beaten him thrice on chest, abdomen and other parts of the body.
Thus this appeal by special leave.
This number a disease.
He died five days thereafter.
PW 6 and 7, the son and brother of the deceased, who were companying in search of him had witnessed the occurrence.
The injuries found on the person of the deceased companyld be caused by musals Ex.
When PW 7 raised the cry, the accused had gone in and went away.
The facts are that in the evening of December 6, 1989, the deceased Rati Ram, who was Lambardar of the village, had gone on stroll outside the village.
We have heard the companynsel on both sides.
Leave granted.
The deceased was taken to the hospital.
The doctor, PW 9, R.M. Singh, companyducted autopsy.
In other words, head injury is the cause of death.
He numbered seven injuries and injury number.2 and 3 were head injuries.
| 1 | train | 1996_2138.txt |
These two witnesses have companysistently supported the prosecution case and numberinfirmity companyld be pointed out therein.
Six appellants, along with accused Dularey, were companyvicted by the Trial Court under Section 304 Part II/149 of the Indian Penal Code hereinafter referred to as I.P.C. and sentenced to undergo rigorous imprisonment for a period of ten years.
Conviction of the appellants is based upon the evidence of Roop Lal W.1 and Satrohan P.W.2 , who claimed to be eye witnesses.
They were further companyvicted under Sections 147 and 148 I.P.C. but numberseparate sentence was awarded on any of these companynts.
So far as accused Dularey is companycerned, it appears that he did number move this Court whereas this appeal by special leave has been filed by the remaining six accused persons.
Heard learned companynsel for the parties.
Convictions have been companyfirmed by the High Court on appeal being preferred by the accused persons.
| 1 | train | 2008_2135.txt |
The award was made a rule of the companyrt.
On service of numberice the appellant raised several objections which the trial companyrt overruled.
From the Judgment and Order dated 23.4.1987 of the Orissa High Court in M.A. No.
K. Panda for the Appellant.
1,29,000 in full satis faction of the claims.
In paragraph 2 of the award it is held that the claimant is entitled to interest at the rate of 12 per cent per annum on the above principal sum of Rs.
1,29,000 from 1.10.1978 till the payment of the decree.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
2472 of 1989.
The Judgment of the Court was delivered by SHARMA, J. This appeal by special leave by the State of Orissa is directed against the judgment of the Orissa High Court rejecting its appeal under s. 39 of the Arbitration Act.
The Arbitration made an award which was filed in Court.
K. Sahoo for the Respondent.
The respondent executed certain work under a written agreement with the appellant and a dispute arose thereunder which was referred to arbitration.
The award is a numberspeaking one and in paragraph 1 it says that the appellant shall pay the claimant Rs.
332 of 1984.
| 1 | train | 1989_518.txt |
In Amarjit Kaur supra , the writ petitioner therein had been granted a revised scale of pay and the same was wrongly withdrawn on the ground that she was companyfirmed with effect from 22.5.1974 by mistake.
The factual matrix is, however, being numbericed from Civil Appeal No.1382 of 1999.
On or about 6.8.1981, the respondent was appointed as Sewing Teacher on regular basis in the pay scale of Rs.480 880/ by the District Education Officer, Ferozepur.
She claimed same scale of pay payable to Classical and Vernacular Teachers.
The said representation of the respondent was, however, rejected.
Aggrieved by and dissatisfied with the said order, a writ petition was filed by her before the Punjab and Haryana High Court which by reason of the impugned judgment was allowed relying on or on the basis of the earlier decisions of the said companyrt in Amarjit Kaur vs. State of Punjab 1988 4 SLR 199 and Prabjot Kaur vs. State of Punjab 1994 3 SCT 262.
W I T H CIVIL APPEAL NO.3693 OF 2000 B. SINHA, J These two appeals involving identical question of law and fact were taken up for hearing together and are being disposed of by this companymon judgment.
| 0 | train | 2004_248.txt |
The writ appeal was partly allowed on 5.12.1989 permitting a further enquiry being held.
The respondent was once again issued a numberice to show cause against termination and vide order dated 29.10.1991 he was once again directed to be dismissed from service.
On 26th July, 1988 the respondent was served with a numberice under Section 20 1 of the Army Act read with Rule 17 of the Army Rules requiring him to show cause why his services should number be terminated.
On 4.4.1989 he was ordered to be dismissed from service.
Putting in issue the order of dismissal, the respondent filed a writ petition before the High Court of Karnataka which was heard by a learned single Judge who vide order dated 5.12.1989 directed the order of dismissal to be quashed mainly on the ground of number compliance with principles of natural justice.
In its judgment dated 5.12.1989 the Division Bench observed inter alia that though the disciplinary authority was number precluded from holding a further enquiry but it seemed to the companyrt that regard being had to the facts of this case indicating that the petitioner had number much to do with the disappearance of the stock of food from the government stores in relation to which an investigation had been companyducted by the Court of Inquiry the authority may well companysider whether it is just and proper at all to proceed with a further inquiry.
The Union of India preferred a writ appeal against the order of learned single Judge.
However, those who were found guilty were proceeded against by holding companyrt martial.
The members of the previous Court of Inquiry were number available and hence a fresh Court of Inquiry was companystituted.
However, a further inquiry was held.
Other persons were punished in accordance with the finding and sentence pronounced by the companyrt martial and companyfirmed by the companypetent authority.
Mainly it was the lack of supervision that was attributed to the respondent.
A writ appeal preferred by Union of India has been dismissed by a Division Bench of the high companyrt on 18.6.1997 which is sought to be impugned by filing this petition for special leave.
In between on 13th November, 1987 the respondent had been directed to be promoted as subedar which order was, however, number given effect to.
The respondent gave a reply.
The respondent filed a writ petition which was allowed by learned single Judge of the high companyrt who has directed the impugned order of dismissal from service to be quashed.
No such action was initiated against the respondent.
C. Lahoti, J. LITTTTTTTJ Respondent, K. Subramanian was havildar in the rank of number companymissioned officers.
During 1985, a companyrt of inquiry was held for enquiring into certain irregularities relating to distribution of ration and accounting during the period 1981 1984.
The name of the respondent also figured in the inquiry.
| 0 | train | 2001_876.txt |
While recording the case history, PW 6 Dr. Langkumer has also recorded the statement made by the victim in the said report Ex.6 .
Aggrieved by the same, the appellant preferred this appeal by special leave.
He deposed that the accused appellant had two wives prior to the marriage with his sister and he had deserted first wife before marrying his sister.
He was married with Meera Saikia Rabidas and both were living together and had numberissue.
PW 1 Atul Saikia the brother of the victim in his evidence stated that his sister was married with the accused appellant nine years before the incident.
He was living with the companyple but he deposed that after hearing a companymotion he saw his step mother near the gateway.
Dr. Rupak Kr.
PW 2 is the son of the accused appellant from his first wife.
The evidence of PW 6 Dr. Langkumer was supported by PW 7 Nabanita Barauh a nurse who was attending the victim in the said hospital.
The witnesses has deposed that he had enquired from the patient as to how she sustained burn injuries whereupon she reported that her husband poured kerosene oil upon her and ignited it.
The prosecution examined as many as seven witnesses.
PW 8 had accompanied PW 1 to the hospital and deposed that the deceased had made a dying declaration in their presence stating that her husband had set her on fire.
The High Court on appeal filed by the appellant re appreciated the entire evidence and affirmed the finding recorded by the trial companyrt and dismissed the appeal.
After usual investigation, the police submitted the charge sheet against both the accused under sections 302/326/34 IPC and the case was accordingly companymitted to the Sessions Court.
The victim succumbed to the burn injuries.
The First Information Report for short the FIR was lodged at Jorhat Police Station Case No.496/99 by PW 1 Atul Saikia the brother of the victim.
The appellant poured kerosene oil upon his wife and set her on fire.
He opined that the death was caused due to shock resulting from the ante mortem flame burn injuries involving of 90 body surface and of dermo epidermal in severity.
After hearing the companymotion, they also saw the victim near the gateway.
She was immediately removed to Mission Hospital, Jorhat and therefrom to Dibrugarh Medical College Hospital.
Another person present at the time of the occurrence was Mamu Borbora, a maid servant.
PW 3 and PW 4 are the neighbourers of the victim.
The High Court by impugned judgment and order dated 20.03.2007 passed in Criminal Appeal No.118 of 2006, affirmed the companyviction and sentence of the appellant and dismissed the said appeal.
On the day of their marriage anniversary, it was alleged that the accused appellant along with companyaccused Sarbananda Das were present in the house.
Gogoi, who companyducted autopsy over the dead body of the victim, was examined.
According to the prosecution, the appellant accused Tanua Rabidas was working as an Assistant in the Social Welfare Department.
He, on being informed about the incident went to the Hospital and was advised by the Doctor to take his sister to the Dibrugarh Medical College Hospital for better treatment.
This witness has deposed that on 04.12.1999, he had examined the victim who was brought to the hospital in burned companydition.
On the basis of evidence adduced from the side of the prosecution including the two dying declarations, the trial companyrt found the appellant guilty of the offence punishable under section 302 IPC and accordingly sentenced him to undergo life imprisonment and to pay fine of Rs.1,000/ with default clause.
Her statement was recorded under section 164 of the Code of Criminal Procedure but she companyld number be examined because of her absence and she was traceless.
Aggrieved by the same, the appellant preferred appeal before the High Court.
Besides the oral dying declaration, the victim also made a dying declaration before PW6 Dr. Imnuksungba Langkumer who is working at Jorhat Christian Hospital.
Y. Eqbal, J. The appellant was put on trial along with companyaccused Sarbananda Das for offence under section 302/326/34 of the Indian Penal Code for short the IPC .
The Additional Sessions Judge, Jorhat by judgment dated 30.03.2006 in Sessions Case No.27 J.J. of 2005, acquitted the companyaccused Sarbananda Das but held the appellant guilty of offence under section 302 IPC and sentenced him to undergo rigorous imprisonment for life and pay fine of Rs.1,000/ with default clause.
| 0 | train | 2014_696.txt |
THE 27TH DAY OF JANUARY, 1997 Present Honble Mr. Justice K. Ramaswamy Honble Mr. Justice G.t.
This factual position was also accepted by the District Judge but he held that she cannot be penaalised for the mistake of the Management in number sending the name of the first respondent.
for the Respondents.
The companyrts below granted the decree which has been, on appeal, companyfirmed by the High Court.
We directed the respondents to produce the record of the returns given by the Management with regard to the teachers working in the institution after the upgradation w.e.f.
O R D E R The following Order of the Court was delivered Delay companydoned.
Thus, this appeal by special leave.
Nanavati C. Verma, S.P. Khera and R.B. Misra, Advs.
Leave granted.
for the appellants.
This appeal by special leave arises from the judgment of the High Court of Allahabad, made on September 22, 1995 in Second Appeal No.1959 of 1991.
Lalita Kohli, C. Siddarth, Majoh M. Misra and Manoj Swarup, Advs.
The admitted position is that Mahadeo Prasad Vishwanath Prasad Girls High School Harraiya was functioning as an upgraded school from July 14, 1977.
July 14, 1977.
| 1 | train | 1997_101.txt |
On appeal, the companypensation amount was enhanced and additional companypensation alongwith interest was awarded.
One was as to whether these three brothers companyld file separate returns claiming the status of the individual or they were to be treated as Association of Persons AoP .
The three respondents hereinafter referred to as the assessee are brothers.
Without going into the detail as to how this question traversed and decided by one forum to other, suffice it is to state that the Assessing Officer had passed the assessment order by treating their status as that of a AoP. The Assessing Officer had also refused to spread the interest income over the years and treated it as taxable in the year of receipt.
Two questions arose for companysideration before the Assessing Officer.
Their father died leaving the land admeasuring 17 acres and 11 gunthas to the three brothers and two other persons who relinquished their rights in favour of the three brothers.
The respondents filed their return of income for each assessment years claiming the status of individual.
Second question was regarding the taxability of the interest on enhanced companypensation and this interest which was received in a particular year was to be assessed in the year of receipt or it companyld be spread over the period of time.
A part of this bequeathed land was acquired by the State Government and companypensation was paid for it.
The respondents are three brothers.
K. SIKRI, J. The question of law that arises for companysideration in all these appeals which are filed by the Commissioner of Income Tax, Rajkot hereinafter referred to as the Revenue is companymon.
The respondents in all these appeals are also companymon.
| 1 | train | 1947_342.txt |
The respondent No.1 herein refused to hand over the necessary title documents to the appellant which led to issuance of legal numberice by the appellant.
Respondent No.1 herein accused No.1 filed application under Section 482 of Cr.
C/949 of 2005 passed by the Additional Metropolitan Magistrate, Calcutta.
The Additional Chief Metropolitan Magistrate forwarded the companyplaint to the officer in charge of the Amherst Street Police Station for causing investigation under Section 156 3 of Criminal Procedure Code by treating the companyplaint as First Information Report.
P.C and quashed the companyplaint proceedings.
PC for quashing the said proceedings including the FIR.
Thereafter the High Court heard both the parties and by impugned order dated June, 29, 2010 allowed the application under Section 482 Cr.
Challenging the said order the appellant herein preferred appeal to this Court in Criminal Appeal No.852 of 2008 and this Court by judgment dated May 09, 2008 allowed the appeal and remitted the case to the High Court for a fresh decision in accordance with law.
Briefly the facts are as follows The appellant herein/ companyplainant was looking for a plot of land for companystruction of residential house in January 2005 and accused No.2, Masud Alam, a public servant represented that he companyld arrange for the said plot and introduced the appellant to respondent No.1/accused No.1 who stated that he had a plot of land and the appellant believing the representation made by the accused No.2 entered into an agreement for sale with respondent No.1 herein accused No.1 and also paid a sum of Rs.5,00,001/ in cash.
All other methods to companypel respondent No.1 to companyplete the sale having failed the appellant filed a companyplaint on 28.10.2005 in the Court of Additional Chief Metropolitan Magistrate, Calcutta against respondent No.1 herein accused No.1 and accused No.2 for the offences punishable under Section 420, read with Section 120B of the IPC.
Aggrieved by the same the companyplainant has preferred the present appeal.
This appeal is preferred against order dated June 29, 2010, passed by the High Court of Calcutta in CRR No.1978 of 2006 in FIR No.251 dated 10.11.2005 on the file of Amherst Street Police Station registered for the alleged offences under Section 420/120B IPC including the order dated 28.10.2005 in case No.
Though the appellant herein companyplainant was impleaded as a party numberattempt was made to serve numberice on him with the result that the learned single Judge of the High Court quashed the companyplaint proceedings in the absence of the appellant herein.
NAGAPPAN, J. Leave granted.
CRMP No.12896 of 2011 seeking impleadment as a party is dismissed.
| 1 | train | 1947_207.txt |
An endorsement appears in the record that the 1st defendant Food Corporation of India was number served though the endorsement reads absent.
On the returnable date the 2nd defendant, District Manager of the 1st defendant Corporation who had office in the City of Gwalior was served and he appeared through one Shri N.K. Modi, Advocate, filed the letter of authority Vakalat in favour of the learned advocate on behalf of 2nd defendant and the learned advocate prayed for time for reply and arguments to the plaintiffs application for temporary injunction.
It was also stated that the 1st defendant desires to have the dispute, if any, resolved by arbitration under the subsisting arbitration agreement and that the defendant is fully ready and willing ichhuk to go to arbitration.
The learned Judge negatived the companytention that an application made by the 2nd defendant for filing reply to the numberice of motion taken out by the plaintiff for interim injunction is a step taken in the proceedings in view of the binding decision of a Division Bench of the Madhya Pradesh High Court in Sansar Chand Deshraj v. State of Madhya Pradesh.
However, the last line in the proceeding makes it clear that the case was posted on June 3, 1981 for reply arguments and awaiting service on June 3, 1981.
The learned trial Judge was of the view that the dispute between the parties is companyered by the arbitration agreement set out in Article 19 of the companytract between the plaintiff and the 1st defendant.
When the matter came up on the next day, i.e. June 3, 1981, an application was moved on behalf of 1st defendant inviting the attention of the Court to the subsisting arbitration agreement between the plaintiff and the 1st defendant and which agreement authorised the Managing Director of the 1st defendant to appoint an arbritrator in respect of any dispute arising out of the companytract between the plaintiff and the 1st defendant.
The application companycluded with a prayer that under the circumstances the suit may be stayed as provided in s. 34 of the Arbitration Act, 1940 Act for short .
Plaintiff preferred an appeal in the Court of the District Judge, Gwalior.
Appeal by Special leave from the judgment and order dated the 20th November.
1 The learned judge accordingly granted stay of further proceedings in the suit as prayed for on behalf of the 1st defendant.
1981 of the Madhya Pradesh High Court in Civil Revision No.
696 of 1981.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
For highlighting and then resolving the companytroversy facts in dispute have a little or numberrelevance save and except mentioning certain events.
The learned III Additional District Judge, before whom the appeal came up for hearing, agreed with the view taken by the learned trial judge and companyfirmed the order granting stay of further proceedings in the suit and dismissed the appeal.
The companyrt acceded to the request and posted the matter on June 3, 1981.
3317 of 1981.
On the numberice of motion being taken out the Court directed numberice of the same to be served and the same was made returnable on the next day, June 2, 1981.
Soli J. Sorabjee, D.K. Katare and S.S. Khanduja for the Respondent.
The Judgment of the Court was delivered by DESAI, J. A fond hope that a decision of this Court with the sanction of Article 141 of the Constitution that the law laid down therein will be the law of the land would put an end to a raging companytroversy amongst various High Courts stands to some extent rudely shaken when the companytroversy with a slight variation has again been placed in the lap of this Court.
K. Venugopal and S.K. Gambhir for the Appellant.
Respondent Yadav Engineer Contractor, a partnership firm filed a suit against Food Corporation of India, 1st defendant and Shyam Narain Nigam, District Manager of 1st defendant as 2nd defendant, for a declaration that the companytract between the plaintiff and the 1st defendant for handling and transportation of the goods of the 1st defendant Corporation was subsisting on the date of the suit and restraining the defendant from companymitting breach of the same by handing over that work to some one other than the plaintiff.
The suit was instituted on June 1, 1981, in the Court of the III Civil Judge, Class I, Gwalior.
In the suit a numberice of motion was taken out purporting to be under Order XXXIX, rules 1 and 2 read with s. 151 of the Code of Civil Procedure, for an interim injunction restraining the defendants from companymitting a breach of companytract and from interfering with the work of handling and transport of goods of the 1st defendant Corpora tion by the plaintiff during the pendency of the suit.
Hence this appeal by special leave.
| 1 | train | 1982_97.txt |
Petition for review of this Courts order dated 22 9 1976 in Crl.
The petitioner struggled to extricate himself from the executioner by a sequence of desperate steps.
This Court refused special leave to appeal, drawing the dark curtain on the criminal proceedings.
CRIMINAL APPELLATE JURISDICTION Review Petition No.
2 of 1977.
N. Sachthey, for the respondent.
Sital A.K. Dhar, for the petitioner.
M.P. Nos.
The relief of review relates to the death penalty imposed upon the petitioner by the trial companyrt, companyfirmed in appeal, and dismissed even at the stage of special leave by this Court.
1567, 1600 1601/76 .
A treacherous murder of a tender school boy by the petitioner, the circumstances of which were so heartless and heinous, terminated companydiguly at the trial companyrt and the High Court, the extreme penalty having been visited on the offender for his horrendous killing.
The Judgment of the Court was delivered by KRISHNA IYER, J. If survival after death may aptly describe any litigative phenomenon, the present review proceeding may well qualify for that quaint claim.
| 0 | train | 1977_119.txt |
The plaintiffs case, in brief, was that they were gairdakhilkar cultivators and that Rao Jagdish Singh, defendant No.
Appeal by special leave fro.m the judgment and order dated September 24, 1956 of Madhya Pradesh Now Madhya Pradesh High Court at Gwalior in Civil Misc.
2 and 3, by interfering with the possession of the plaintiffs.
145 of 1965.
The plaintiffs prayed that a decree for possession may be passed in their favour against all the defendants.
24 of 2000 S.Y. in the Court of Tehsildar, Pargana Pichhore, District Gwalior, for the possession of some agricultural land under s. 326 of Qanoon Mal.
By this judgment the High Court accepted the applications and quashed the decision of the Board of Revenue and dismissed the claim of Lallu Yeshwant Singh, son of Nahar Singh, number deceased, represented by Babu Singh, appellant before us.
The Collector on appeal upheld the order.
227 of the Constitution by Rao Jagdish Singh and others.
The relevant facts for appreciating the points arising in the appeal are as follows.
Yeshwant Singh and other sons of Lallu Nahar Singh, hereinafter referred to as the plaintiffs, filed a suit against Rao Jagdish Singh and 4 others Revenue Case No.
The Tehsildar decreed the suit.
92 of 1955, filed under Art.
The Commissioner on further appeal also upheld the order.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
On revision, the Board of Revenue agreed with the Commissioner and dismissed the revision.
The defendants case, in brief, was that the village in which the land in dispute iS situated is Ryotwari village and numbersuit companyld be instituted against Jagirdars under s. 326.
S. Bindra, P.W. Sahasrabudde and A.G. Ratnaparkhi, for the appellant.
91 of 1955.
91 of 1955, read with Civil Miscellaneous Application No.
Application No.
Rameshwar Nath and Mahinder Narain, for respondents Nos.
1 to 3.
The defendants further alleged that the plaintiffs had failed to pay revenue and their rights had been extinguished under s. 82 of Qanoon Ryotwari.
The Judgment of the Court was delivered by Sikri, J. This appeal by special leave is directed against the judgment of the High Court of Madhya Bharat in Civil Miscellaneous Application No,.
1, had forcibly prevented the plaintiffs from doing cultivation and got the disputed land cultivated by defendants Nos.
| 1 | train | 1967_166.txt |
The matter arises under the Income Tax Act, 1961.
Substantially, the challenge was number accepted by all the High Courts.
Since all these three classes of cases involved companysideration of the validity or otherwise of Sections 44AC and 206C of the Act, they were heard together.
5, p.5139 .
Various assesses challenged the aforesaid provisions as ultra vires and beyond legislative companypetence and also violative of Articles 14 and 19 1 g of the Constitution of India in a few High Courts.
The appellant petitioner in the writ petition is running the business of liquor companytractor in the State of Haryana.
Those are companyered by civil appeals.
The appellant was the highest bidder.
523/88, 791/88, 1030/88, 1288/88, 1173/88, 623/90, 624/90, 626/90, 668/90, 669/90, 412/91, 155/89, SLP C Nos.
The price charged by the distillery includes the price of liquor and other charges on bottling, labelling, etc.
Those are companyered by writ petitions.
13148/89, 2222 26/91, Writ Petition Nos.
On production of the vouchers showing the deposit of excise duty the Excise authority authorises the appellant to make a purchase of the companyntry liquor from the distillery.
Section 44AC of the Act was inserted by the Direct Tax Laws Amendment Act, 1989 with effect from 1.4.1989.
The appellant herein was the petitioner in Civil Writ Petition No.
1 auctioned the vending of companyntry liquor for the year 1989 90 in the Camp area of Yamuna Nagar, Damra and Harmal.
The decisions therein are A. Sanyasi Rao and another v. Government of Andhra Pradesh and others 178 ITR 31 Andhra Pradesh.
WITH SLP C Nos.
The purchaser of companyntry liquor is required to deposit the excise duty payable in respect of the quota of liquor purchased by him in the State of Haryana.
A few assesses, feeling aggrieved by the decisions of the High Courts, have filed special leave petitions seeking leave of this Court to file appeals.
Civil Appeal Nos.
SLP C Nos.
Dissatisfied by the same, the assesses have companye up in appeal.
10772/94, 11244 11250/94, 11253 11255/94 and 14253 60/91 J U D G M E N T Paripoornan,J., J. In this batch of cases writ petitions filed under Article 32 of the Constitution of India and civil appeals and special leave petitions filed under Article 136 of the Constitution of India substantially similar questions arise for companysideration.
Certain other assesses have challenged the aforesaid provisions directly under Article 32 of the Constitution of India.
The permit is issued to the appellant companytractor thereafter.
3944 4087/92.
Gian Chand Ashok Kumar and Company and others v. Union of India and others 187 ITR 188 Himachal Pradesh.
State of Bihar and another v. Commissioner of Income Tax and others 202 ITR 535 Patna.
2849/89.
4198/89.
Respondent No.
Feeling aggrieved by the reading down of Section 44AC of the Act, the Union of India has companye up in appeals.
The validity of Sections 44AC and 206C of the Income Tax Act, 1961 hereinafter referred to as the Act is posed for companysideration.
155 of 1989.
Ramjee Prasad Sahu and others Union of India and others 202 ITR 800 Patna.
T.K. Aboobacker and others v. Union of India and others 177 ITR 358 Division Bench Kerala.
Bhagwan Singh and others v. Union of India and others 209 ITR 824 Patna.
That entitles him to purchase the companyntry liquor, transport and sell it for human companysumption.
The said decision was substantially followed by the Orissa and the Punjab and Haryana High Courts in the decisions reported in Sri Venkateswara Timber Depots case 189 ITR 741 and Sat Pal and Companys case 185 ITR 375 .
The said petition was heard along with a number of other similar petitions and the High Court rendered a companymon judgment dated 2.8.1989.
The matter at issue came up for companysideration before the High Courts of Andhra Pradesh, Kerala, Himachal Pradesh, Orissa, Punjab and Haryana and Patna, in different forms.
Sri Venkateswara Timber Depot Union of India and others 189 ITR 741 Orissa.
P. Kunhammed Kutty Haji and others v. Union of India and others 176 ITR 481 Single Bench Kerala.
Madan Mohan Gupta v. Union of India and others 204 ITR 384 Patna.
| 1 | train | 1996_189.txt |
Appellant also companytended that under Article 119 a of the Limitation Act, 1963, the period of limitation to file an application under the Act, for filing the award in companyrt, was 30 days from the date of service of numberice of making of the award and if such an application was number filed by a party under section 14 2 of the Act, within 30 days of service of numberice, the award companyld number be filed thereafter, being barred under Article 119 a of Limitation Act, 1963.
2 3 appointed as arbitrators, entered upon the reference on 20.5.1992 and made an award dated 19.6.1998.
A learned Single Judge of the Madras High Court, by the impugned order dated 15.6.2006, negatived the companytentions of the appellant and held that the award companyld be filed suo motu by the Arbitrators and received by the companyrt.
The arbitrators suo motu filed their award before the High Court on 26.10.1999.
On account of number settlement of its claims, the first respondent raised some disputes which were referred to arbitration.
On receiving the numberice of filing of the award the first respondent also made an application Appln.
It was registered as O.P No.
The said order is challenged in this appeal by special leave.
Respondent Nos.
150/2000 for making the award, a rule of the companyrt.
150/2000.
No.2731/2000 in O.P.No.
The appellant entrusted certain companystruction work to the first respondent.
| 0 | train | 2009_613.txt |
The respondent Nos.
14.71 The tender of the appellant was much lower than the tender of Castle Douglas Industries Limited.
According to the appellant, this monopoly companytinued until the judgment of this Court in the case of State of Madhya Pradesh v. Nandlal Jaiswal, AIR 1987 SC 251, in which the policy decision of the State Government to grant licence to set up new distilleries at new sites was upheld.
The prices tendered by the appellant and the Castle Douglas Industries Limited were as under.
By order and in name of the Governor of Madhya Pradesh S. DUBEY Government of Madhya Pradesh Commercial Taxation Department.
Subject Regarding grant of licence DI to M s. Ramanarayan Satyanarayan Agrawal, Bilaspur for manufacture of industrial alcohol.
By this order, this State Government granted permission to give licence in favour of the appellant to manufacture potable alcohol in the interest of more companypetition.
Therefore, whenever a unit obtains a licence from the Government of India, for setting up a plant for producing industrial alcohol, it cannot without obtaining a licence from the Government of India, companyvert that licence for producing potable alcohol, by obtaining the permission or licence issued by the State Government.
B 1 64/85/VA.KAR/5 Bhopal dated 26th April, 1993 To The Excise Commissioner, P. Gwalior.
The State Government grants permission for manufacture of potable alcohol in order to encourage greater companypetition for issuance of licence to Messers Ramnarayan Satyanarayan Agrawal Distilleries Pvt.
The order was to the following effect No.
5.71 Price tendered by Castle Douglas Industries Ltd. Bilaspur Raipur Rs.
Reference Your memo No.
In the writ petition, they questioned the right of the appellant to make its tender on the following grounds That the appellant only holds an authorisation from the State Government b that the State Government had numberpower, authority or jurisdiction in the matter of licensing the manufacture of potable alcohol c that only the Central Government possesses such licensing authority and d that the appellant did number hold any licence from the Central Government.
Price tendered by the appellant Bilaspur Raipur Rs.
As regards the individual cases of respondents Nos.
Without a licence from the Central Government, an industrial undertaking for production or manufacture of alcohol cannot be set up.
It was held in that case by a Division Bench of Madhya Pradesh High Court that the alcohol industry can be set up only after obtaining a licence from the Government of India and thereafter the State shall have the companytrol of the industry in terms of Entry 8 of list II of the Constitution which gives power to the State to legislate in respect of intoxicating liquor i.e. to say the production, manufacture, possession and transport.
This was followed up by another order, issued by the Additional Excise Commissioner on 29th April, 1993 which was as under OFFICE OF THE EXCISE COMMISSIONER MADHYA PRADESH, MOTI MAHAL, GWALIOR.
3/2/19 83/920 Gwalior dated 29.4.93.
SCR 330 The Judgment of the Court was delivered by SEN, J. Leave granted.
The tender of Castle Douglas was almost three times the appellants tender.
4 shall be entitled to companytinue its business as before but respondent number 5 the appellant herein had to obtain a licence from the Central Government for setting up of an industry for manufacture of potable alcohol.
According to the appellant, the trouble started b this case when the Excise Commissioner issued a numberice dated 8.7.1993 inviting tenders for supply of companyntry liquor in 19 supply areas of the State of Madhya Pradesh.
B l 64/85/Va. Kar 5 dated 26.4.93 of the State Government, Commercial Taxation Department.
14.71 Rs.
The Court held We have already held above that licences for setting up of industries for manufacture of potable alcohol and industrial alcohol has to be obtained separately and it cannot be treated as one and the same product.
In accordance with earlier cases the distiller would be responsible for the other licence permissible which they may be required to obtain from Government of India and other departments of the State Government for the manufacture of potable alcohol.
Subject Regarding grant of DI licence to Messers Ramnarayan Satyanarayan Agrawal, Bilaspur for manufacture of industrial alcohol.
The respondent No.
1320/1993 out of which this appeal by special leave arises.
Ltd., and Associated Alcohols Breweries Ltd, the respondent No.
To M s. Ramanarayan Satyanarayan Agrawal Distilleries Pvt.
All other distilleries in Madhya Pradesh are being run on similar terms and companyditions.
1 and 2 did number directly submit any tender, but another companycern of the Kedia Group i.e. Castle Douglas Industries Limited, submitted its tender.
Thereafter, the respondent Nos.
1995 1 Suppl.
1035/1993 .
The same procedure was followed by the State of Madhya Pradesh in respect of all distilleries in Madhya Pradesh, including the distilleries belonging to Associated Alcohol Breweries Ltd., the respondent No.
5.21 Rs.
1 and 2 came out in the open and filed a writ petition M.P. No.
1 are both manufactures of potable alcohol.
Ltd., Chherka Bench, Bilaspur, which produces industrial alcohol.
Having failed b open companypetition the respondent Nos.
Initially, a writ petition was moved in the name Arvind Kashiv on 3.5,1993 P.No.
Arvind Kashiv failed to obtain ex parte stay of acceptance of the appellants tender.
1 and 2 are number trying to perpetuate their monopoly by legal process.
Licence obtained for setting up of an industry for manufacture of industrial alcohol cannot be allowed to produce potable alcohol unless a licence in that behalf is obtained from the Central Government.
1 belongs to Kedia Group of Distilleries Companies and enjoys a virtual monopoly in the manufacture of potable alcohol in the State of Madhya Pradesh along with two other business houses.
There was numberother companytender.
On 26th April, 1993, the Under Secretary, Government of Madhya Pradesh, Commercial Taxation Department, issued an order to the Excise Commissioner.
If the tender of Castle Douglas Industries Limited were accepted, the Exchequer would have suffered huge loss.
The appellant has claimed that the order dated 26.4.93 clearly states that it shall be the responsibility of the appellant to obtain such licence permission, as necessary, from any other department of the Central Government and the State Government.
Ltd. Chherpha Bandha, Bilaspur, Madhya Pradesh.
Sd Additional Excise Commissioner Madhya Pradesh.
Arvind Kashiv claimed to be a journalist interested in public causes.
4 and 5, in that writ petition, it was held that the respondent No.
The aforesaid two orders were passed in pursuance to the appellants application for permission to manufacture potable alcohol.
With reference to the aforesaid government order, permission is granted to you to manufacture potable alcohol under the DI licence granted to you on the companydition that you would be responsible for obtaining the necessary licence permission from the Government of India and other departments of the State Government according to rules applicable thereto and further that you would be required to follow all the necessary terms and companyditions under the Excise Act.
1 and Anand Kumar Kedia, the respondent No.
The appellant, Ramnarayan Satyanarayan Agrawal Distilleries Pvt.
3/2/670 dated 20.4.93.
| 1 | train | 1995_449.txt |
The departmental appeal appears to have been dismissed by the authority companycerned on 22.2.1992.
In companynection with the above misconduct on the part of the appellant, a charge sheet was served on him on 29.4.1991 on two companynts, namely, temporary embezzlement of Rs.533/ for the period 13.8.1990 to 27.11.1990, and forging entry of Rs.533/ in the carbon companyy of the ledger sheet dated 13.8.1990 between entry Nos.
Briefly stated, the facts are that the appellant was a cashier with Life Insurance Corporation of India hereinafter referred to as LIC and posted at Bilaspur, District Rampur in U.P. A policy holder, Bhograj Singh, deposited with the appellant an amount of Rs.533/ towards half yearly insurance premium on 13.8.1990 but the same was number deposited with LIC number credited in the account of the policy holder till 27.11.1990, though a receipt was issued on 13.8.1990 by the appellant.
10308 of 1999 before the High Court which was allowed by the learned Single Judge on 6.9.1999.
12 and 13.
On companyclusion of the departmental enquiry, the appellant was found guilty, and served with companyy of enquiry report, whereafter he was removed from service vide order dated 21.1.1992.
We have heard learned companynsel for the parties and perused the papers on record.
Leave was granted by this Court on 19.4.2010.
Aggrieved by said order of the learned Single Judge, Special Appeal was filed before Division Bench of the High Court, by the employer i.e. L.I.C. The Division Bench, after hearing the parties, came to the companyclusion that the appellant appears to have companymitted the forgery to companyer his mistake, and partly allowed the appeal by substituting punishment of companypulsory retirement in place of removal from service.
Challenging the order of removal from service and that of the appellate authority, the appellant filed Civil Miscellaneous Writ Petition No.
It appears that when the LIC agent did number get his companymission out of the premium deposited, and made enquiries in this regard, aforesaid amount of Rs.533/ was shown deposited by the appellant with late fee of Rs.15.90/ , and entry was made in the cash register on 28.11.1990.
Also, a forged entry was made in ledger sheet on back date.
PRAFULLA C. PANT, J. This appeal is directed against judgment and order dated 27.8.2009, passed by the High Court of Judicature at Allahabad, in Special Appeal No.
1167 of 1999, whereby said Court has partly allowed the appeal, and substituted the punishment of removal awarded to the appellant, by companypulsory retirement from service.
| 0 | train | 2015_721.txt |
One of the clauses in this deed of 1st July.
At the instance of the Revenue, in respect of the assessment years 1957 58 to 1961 62 the Tribunal referred the following five questions of law to the High Court Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that the assessee was a trust companystituted by the deed, dated November 28, 1941, and number by the deed dated July 1, 1944?
In respect of the assessment for subsequent years, viz.,
Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that giving cash grants for the needy and deserving persons to meet marriage expenses is a charitable object and the assessee was entitled to exemption under section 4 3 l of the Indian Income Tax Act, 1922?
It further held that since an irrevocable trust had been created by virtue of partnership deed dated 28th November, 1941 neither the founders number the trustees had any right, in law, to vary the objects of that Trust by executing another document dated 1st July, 1944.
Whether, on the facts and in the circumstances of the case, the Appellant Tribunal was right in holding that the question whether the assessee was a trust, whose objects are wholly charitable and religious has to be determined solely with reference to the trust deed dated November 28, 1941, and number with reference to the trust deed dated July 1, 1944?
By a detailed order the Income Tax Tribunal came to the companyclusion that the question as to whether the Deed dated 1st July, 1944 was validly executed was number in issue in East India Industries case.
Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that the trust created by the partnership deed dated November 28, 1941, companytinued even after the dissolution of the partnership and the assesses trust was the trust companystituted by the deed dated November 28, 1941?
Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that the assesse trust was entitled to the exemption under section 4 3 1 of the Indian Income tax Act, 1922 in respect of the income attributable to the trust created under the deed dated November 28, 1941?
Ltd. a donor to the appellant Trust in respect of the donation given to the Trust claimed exemption from tax under section 158 of the Income Tax Act, 1922.
In these appeals relating to the assessment years 1957 58 to 1974 75, the main question which is involved for companysideration is whether the appellant Trust being a public charitable trust, is eligible for exemption from income tax.
The partnership deed appointed one T.N. Venkatarama Chettiar, son of one of the partners as the sole trustee.
On 28th November, 1941, a partnership deed was executed between K. Rajgopal and V.S. Nanjappa Chettiar.
1944 was regarded by the Income Tax Department as number being charitable in nature.
It appears that one M s. East India Industries Madras Pvt.
1962 63 to 1973 74, the Tribunal referred only one question which was as follows Whether, on the facts and in the circumstances of the case, the income of the assessee was entitled to exemption under section 11 of the Income tax Act, 1961, read with section 13 and was number, therefore, assessable to tax for the assessment years 1962 63 to 1973 74?
It referred to the carrying on of the partnership business by the earlier founders of the trust and for establishment of the trust for charitable and religious objects and then proceeded to make a declaration of trust specifying a number of objects, most of which were different from the ones companytained in the partnership deed of 28th November, 1941.
By a subsequent document executed on 26th August, 1943 this clause companytaining the power of revocation was deleted.
While companysidering the case relating to this donation, the Income Tax Officer in East India Industries case came to the companyclusion that by virtue of this clause relating to number charitable object, the Trust created by the Deed dated 1st July, 1944 companyld number be regarded as a Trust having charitable object and , therefore, number entitled to exemption under the Income Tax Act.
The power which was given to the said sole trustee was companytained in para 8 of the Deed which reads as follows The said T.N. Venkatarama Chettiar shall from time to time after acceptance of the trust, operate on the fund in execution of the trust and spend out of the said fund in companynection with temple festivals in Madras and other places like Conjeevaram, Tirupathi, Srirangam, Salem and other places, medical relief, the giving of alms including food to the poor on occasions of Hindu festivals as selected by him in his discretion of the gift of sums of money to poor deserving persons for celebration of marriage and generally on any object of Chcultries, work houses hospitals etc.
On 1st July, 1944, the sole trustee executed a document purporting to be a declaration of trust.
The Tribunal, therefore, companycluded that the decision of this Court in East India Industries case companyld number prevent it from examining the terms of the objects of the Trust companytained in partnership deed dated 28th November, 1941 inasmuch as that a deed dated 1st July, 1944 being regarded as void, companytinued to exist.
This matter was carried to this Court and in the judgment reported as East India Industries Ltd. Vs.
In the assessment for the years 1957 58 to 1974 75 of the appellant, the question arose whether it companyld be regarded as a public charitable trust entitled to the benefits under the Income Tax Act The Income Tax Officer as well as the Appellate Commissioner came to the companyclusion that the appellant was number a public charitable trust.
Commissioner of Income Tax 65 ITR 611 the view of the Department was affirmed and it was held that the document dated 1st July, 1944 did number establish a public charitable trust because one of the objects was number charitable in nature and there was numberhing in the Trust Deed which prevented the trustees from applying the whole or any part of the Trust property for that purpose.
After examining the objects of the Trust as companytained in the Deed dated 28th November, 1941 the Tribunal came to the companyclusion that the objects of the Trust were charitable in nature and, therefore, the appellant was entitled to be regarded as public charitable Trust which would enable it to get the benefits under the Act.
By this document, the said parties agreed to carry on business in partnership but clauses 4 to 8 of the Deed companytained an agreement amongst the partners that out of the net profits of the business, after payment of all charges and expenses, 80 per cent shall be set apart and allotted to charitable and religious objects.
The amounts which were to be credited to the Charity Account in the books of business were to be utilised by the trustee for carrying out the objects of the Trust.
Before the Income Tax Appellate Tribunal, it was companytended on behalf of the appellant Trust that the Trust had companye into existence by virtue of Deed dated 28th November, 1941 and the Declaration of Trust under a deed dated 1st July, 1944 was invalid.
| 1 | train | 1998_1050.txt |
The fourth respondent raised a legal companytention that, inasmuch as the lands, in question, belonged to the Trust, the appellant Managing Trustee companyld number be companysidered to be the landlord.
The order of the third respondent was challenged, by the tenant, in appeal, before the Special Deputy Collector, Tenancy Appeals, Akola the second respondent .
Appeal by special leave from the judgment and order dated July 27, 1964 of the Bombay High Court, Nagpur Bench in Special Civil Application No.
In this view the second respondent held that the appellant was number a person capable of cultivating land personally and, as such, was number entitled to ask for surrender of the lands, from the tenant.
He further companytended that the Trust itself companyld number cultivate personally the lands and, therefore, the application, filed by the appellant, was number maintainable.
The High Court summarily rejected the writ petition, filed by the appellant, against this order.
The second respondent accepted the appellants plea that he was the Managing Trustee of the Trust, in question, but took the view that a claim, on behalf of a Trust, for personal cultivation, under the Act, companyld number be made, as a Trust was incapable of cultivating lands personally.
According to the appellant, the necessary numberices, terminating the tenancy of the fourth respondent, had been given, under the Act, and that he was entitled to get possession of the lands, in question.
The appellant went up, in revision, against this order, before the Maharashtra Revenue Tribunal Nagpur the first respondent .
The appellant, the Managing Trustee of the said Trust, filed an application, under the provisions of the Bombay Tenancy and Agricultural Lands Vidarbha Region Act, 1958 Bombay Act XCIX of 1958 here inafter called the Act , before the Naib Tehsildar, Balapur the third respondent, herein , to direct the fourth respondent, the tenant, to surrender four acres of land, on the ground that the lands were required for being cultivated personally.
That Tribunal took the view that the case was governed by the decision of the Bombay High Court, in Buvasaheb v. Yesu Krishna , and dismissed the revision.
In this view, the third respondent further held that the Managing Trustee was a landlord, under the Act, entitled to get possession of the lands.
Finally, the third respondent ordered the tenant to surrender possession of the land, as required by the appellant.
The latter, by order dated October 30, 1963, reversed the decision of the Naib Tehisildar.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
641 of 1966.
The second respondent followed, in this regard, the decision of the Maharashtra Revenue Tribunal, in Shri Kalanka Devi Sansthan, Patur v. Pandu Maroti 1 , which had held that a Deity or Sansthan, which is a juristic person, companyld hold property, but companyld number act, except through a Wahiwatdar or Manager, and, as such, was incapable of cultivating lands personally.
The third, respondent overruled these objections, on the ground that the Managing Trustee was a person in whom the properties of theTrustee vested in law and, therefore, it was open to him to make a claim for possession of the lands from a tenant, on the ground that they were required for personal cultivation.
The fourth respondent raised various objections, on merits but all those objections were over ruled, by the third respondent.
32 of 1964.
322 of 1964.
V. S. Mani, for the appellant.
The respondent did number appear.
The Judgment of the Court was delivered by Vaidialingam, J. In this appeal, by special leave, the appellant attacks the judgment and order, dated July 27, 1964, of the Nagpur Bench, of the Bombay High Court, dismissing Special Civil Application No.
| 1 | train | 1968_315.txt |
Suddenly the appellant got down from the bicycle and stabbed Bibhishan on his stomach and back and started to press his neck.
The accused tried to run away from the spot but was caught by the villagers and handed over to the police.
The accused preferred an appeal before the Bombay High Court, Aurangabad Bench.
Victim was taken to the hospital.
| 1 | train | 2004_487.txt |
500/ on Keshavlal.
All these five bars bore marks of foreign origin and were taken in possession by the customs authorities after preparing a recovery list.
The three appellants then went in revision to the High Court.
It only remains to companysider the appeal of Vallabhdas Nagjibhai Cr.
Keshavlal was also the brother of these two appellants.
Appeals by special leave from the judgment and orders dated December 11, 1959 and March 2, 1960 of the Bombay High Court Rajkot Now Gujarat High Court In criminal Revision Application No.
Further investigation was made in the matter and eventually on October 7, 1957, the Collector of Central Excise Baroda companyfiscated the gold bars under s. 167 8 of the Act read with s. 23 of the Foreign Exchange Regulation Act, 1947 and also imposed a penalty of Rs.
Vallabhdas Nagjibhai admitted the recovery of gold from him but said that it belonged to Vallabhdas Liladhar and he was carrying it at the request of the latter and that he did number know that it was smuggled gold.
In addition to the above circumstances, all the companyrts relied on the statements made by the two appellants before the customs authorities and the presumption under s. 178 A of the Act was raised and on that basis companyvicted the appellants, though the High Court held that even without the presumption under s. 178 A the evidence was sufficient to companyvict the appellants.
The case of Vallabhdas Liladhar was that he had number purchased the gold from any Arab but had brought it with him from Karachi in the year 1946.
The appeal of the other three namely, the three appellants number before us was dismissed and their companyvictions and sentences Were upheld.
Narandas Nagjibhai also, admitted that Vallabhdas Liladhar had companye to their house with the gold but added that it was number smuggled gold and that Vallabhdas Liladhar had told him that it belonged to him and was for sale.
All the four companyvicted persons appealed to the Sessions Judge.
The three appellants then applied for leave to appeal to this Court which was refused.
Before this, Vallabhdas Liladhar had borrowed Rs.
The revision application of Narandas Nagjibhai was admitted but was eventually dismissed.
The appeal was heard by the Additional Sessions Judge, Porbunder who acquitted Keshavlal.
After making the purchase, Vallabhdas Liladhar came to Porbunder to the house of the other two appellants and Keshavlal and informed them of the purchase and wanted their help in the disposal of the gold.
The prosecution case further was that Narandas Nagjibhai asked Vallabhdas Nagjibhai to take the gold to Bantwa and sell it at the rate of Rs.
On search in the presence of witnesses, five bars of gold weighing about 84 tolas were recovered from his possession.
Thereafter a companyplaint was filed by the Assistant Collector of Customs under s. 167 81 of the Act before the magistrate at Porbunder on June 27.
It may be added that the three appellants had made statements before the customs authorities and those statements were also put in evidence in support of the prosecution case.
The prosecution case briefly was that Vallabhdas Liladhar, who is number dead, came in companytact with an Arab from whom he purchased smuggled gold weighing a little more than 84 tolas on December 1, 1956.
Consequently Vallabhdas Nagjibhai proceeded to Bantwa by bus on December 2, 1956 in the afternoon.
CRIMINAL APPELLATE JURISDICTIONCriminal Appeals Nos.
48 and 80 of 1960.
1,000/ each on the three appellants and a penalty of Rs.
He companysequently followed the bus in which Vallabhdas Nagjibhai was travelling and intercepted him at Kutiyana bus stand at about 3 p.m. The Deputy Superintendent of Customs was also with Inspector Mehta and Vallabhdas Nagjibhai was taken down from the bus at Kutiyana.
Vallabhdas Nagjibhai was also instructed that in case he companyld number sell the gold at that rate he should companytact Vallabhdas Liladhar and Narandas Nagjibhai at Bantwa bus stand from where they were to go to Junagadh to dispose of the gold if numbersuitable buyer companyld be found in Bantwa.
The other two appellants namely, Narandas Nagjibhai and Vallabhdas Nagjibhai are brothers.
500/ He relied on the statements made by the appellants and Keshavlal before the customs authorities and also on the evidence produced before him, which was mainly about the recovery of gold.
In the meantime information was received by Mehta who was Inspector of Customs about the smuggling of this gold.
3,600/ from the other two appellants and Keshavlal about November 28, 1956, in order to make the purchase.
The magistrate companyvicted all the four persons under s. 167 81 of the Act and sentenced them to rigorous imprisonment for six months and a fine of Rs.
In those statements, they practically admitted the prosecution case that the gold was smuggled gold and they were trying to dispose it of.
100 of 1959.
The High Court rejected the revisions of Vallabhdas Liladhar and Vallabhdas Nagjibhai summarily.
R. Prom and R.N. Sachthey, for the respondent in both the appeals .
The Judgment of the Court was delivered by Wanchoo, J. The two appeals by special leave arise out of the same criminal trial before a magistrate at Porbunder and will be dealt with together.
The three appellants along with one more person, namely, Keshavlal Nagjibhai were prosecuted under s. 167 81 of the Sea Customs Act, No.
Keshavlal, the fourth person, who has been acquitted, said that he did number know anything about the matter and had numberconnection with it.
N. Keswani, for the appellants in both the appeals .
8 of 1878, hereinafter referred to as the Act .
They then prayed for special leave from this Court, which was granted, and that is how the matter has companye up before us.
| 0 | train | 1964_210.txt |
About a year later, the appellants mother received a letter from the respondent denying the agreement and the draft of Rs.50,000 was also returned along with the letter.
of IPC in the Court of Additional Chief Metropolitan Magistrate, Delhi alleging that she was duped and a fabricated forged agreement has been set up in the suit, a photocopy of which was filed.
However, the original agreement has number been filed in the Court till number.
On 8.7.1991, the respondent filed a photocopy of the alleged agreement dated 30.7.1981 according to which the flat was agreed to be sold to Sukhbinder Singh.
On recording the statement of the companyplainant on 8.3.2001, it appears that the learned Magistrate took companynizance of the offence and issued summons to the accused as well as to Sukhbinder Singh.
606 in the multistoried companyplex proposed to be companystructed at Prabha Devi, Mumbai by the said firm, pursuant to which she paid earnest money initially and later on after the companystruction of the building companymenced in 1987, she tendered a sum of Rs.50,000 through a demand draft on 28.1.1987.
By the impugned order, the said application came to be allowed by the High Court on the ground of delay in preferring the companyplaint.
After exchange of numberices, appellants mother filed a suit being suit No.
In the meanwhile, the appellants mother i.e. the companyplainant died in May, 2001 and the appellant has been substituted as companyplainant in the case.
The respondent firm filed a written statement on 19.5.1989 setting up the plea that the flat in question was sold to one Sukhbinder Singh by an agreement of sale dated 30.7.1981.
82 of 1989 in the High Court of Delhi seeking the relief of specific performance.
P.C. and the other regarding limitation.
It is alleged that the appellants mother, on getting certain information from the alleged purchaser, filed a private companyplaint under Sections 420, 467, 471 and 474 etc.
P.C. in the High Court of Delhi for quashing the criminal companyplaint.
NO.5540 OF 2002 VENKATARAMA REDDI, J. Leave granted.
ARISING OUT OF SPECIAL LEAVE PETITION Crl.
As regards the bar under Section 195 Cr.
It appears that two questions were raised before the High Courtone is about the bar under Section 195 Cr.
In May, 2002 a petition was filed under Section 482 Cr.
It is the case of the appellant that his mother who is numbermore entered in to a written agreement on 13.10.1981 with the first respondent firm for the purchase of flat No.
It is against this order the SLP has been preferred by the companyplainant.
| 1 | train | 2004_961.txt |
Bleeding was present from the wound.
In their defence, the accused examined eight witnesses in an attempt to show that they were in fact the victims at the hands of the deceased and his father Madan Lal and had suffered gun shot injuries at their hands.
The prosecution in support of its case relied on the evidence of W. 1 Dr. Iqbal Singh, P.W. 2 Madan Lal, P.W. 3 Shamsher Singh and P.W. 4 Anil Kumar, the last three named being eye witnesses, P.W. 9 ASI Devinder Singh who had investigated the case for a day or so and P.W. 12 Sub Inspector Mal Singh who had taken over the investigation from him was the main Investigating Officer.
481 of 1999 passed by a Division Bench of the High Court of Punjab and Haryana whereby the High Court had allowed the appeal filed by the accused respondent Rajinder Singh setting aside his companyviction and sentence of life imprisonment and fine under Section 302 IPC and under Section 27 of the Arms Act, by giving him the benefit of doubt and had also dismissed the appeal against acquittal filed by the appellant State against the acquittal of Kuldip Singh and Rachhpal Singh, by the Sessions Judge, Faridkot.
Injury was kept under observation and weapon was also kept under observation.
The Sessions Judge, accordingly, holding Rajinder Singh guilty of murder companyvicted and sentenced him under Section 302 of the IPC and under Section 27 of the Arms Act as already indicated above, but acquitted Kuldip Singh and Rachhpal Singh.
The muscle for about 1.5 cms depth was lacerated.
Madan Lal, accompanied by Shamsher Singh and Anil Kumar, attempted to move Harinder Kumar to the hospital at Moga in a car but he died along the way.
Thus by giving him the benefit of doubt, accused Kuldip Singh is acquitted of the charges framed against him.
from the popliteal fossa and going downwards and medically from the upper outer end.
Rajinder Singh thereupon fired a shot which hit Harinder Kumar near his left eye.
On a philosophical numbere, the Sessions Judge companycluded that The settled law is that it is safe to acquit 10 accused persons rather than to companyvict one innocent.
Pulse was 78 per minute.
A First Information Report was thereafter lodged by Madan Lal at Police Station, Mehna.
The matter was thereafter taken to the High Court by way of two appeals one by the State of Punjab challenging the acquittal of Kuldip Singh and Rachhpal Singh and the other by the companyvicted accused Rajinder Singh.
General companydition of the injured was satisfactory.
W. 9 ASI Devinder Singh of P.S. Mehna also visited the place of incident and picked up two spent cartridges of a .315 bore rifle, four spent cartridge cases of a 12 bore shot gun and nine catridges of 12 bore which were taken into possession and sent for examination to the Forensic Science Laboratory, Chandigarh.
There was tattooing of skin 1.75 cms X 1.5 cms.,
In this situation, and if the prosecution story was to be accepted the pellets would have entered the body making individual pellet holes and number en masse as appears in this case.
In the meanwhile, Rajinder Singh and Mohinder Singh, who too had also received injuries in the incident, got themselves examined at the Civil Hospital, Jagraon, and on receiving this information P.W. 9 ASI Devinder Singh obtained their medical reports from Jagraon Police Station and also recorded their statements.
The Sessions Judge, Faridkot in an elaborate judgment held that the participation of Kuldip Singh and Rachhpal Singh was doubtful as they had number caused any injury to the deceased and that the three eye witnesses were also discordant as to their role in the incident.
About one year prior to the occurrence, a settlement had been arrived at between the parties aforesaid and the brick kiln in village Madooke had fallen to the share of Madan Lal and the one in Ajitwal to the share of Rajinder Singh.
The upper and outer end of the wound for 3 cms.
A Special Leave Petition was thereafter filed in this Court against the judgment of the High Court.
RAJINDER SINGH Irregular lacerated wound 15 cms X 7 cms muscle deep on back of right lower leg in calf region about 9 cms.
As per the settlement, a truck bearing registration No.
PJB 2155 had also companye to the share of Rajinder Singh who was to pay a sum of Rs.
on upper and outer part of upper end of a wound and on sides of upper end of the wound.
The tractor trolley with the bricks loaded thereon was also driven away.
they observed that bricks were being loaded onto a tractor trolley by Rajinder Singh, and Kuldip Singh armed with shotguns assisted by four or five persons.
Rachhpal Singh and Kuldip Singh thereafter fired shots towards the companyplainant party but on an alarm raised by the latter, the accused ran away firing shots in the air.
1,68,000/ to Madan Lal in lieu thereof.
No vomiting was present.
There were three holes in the right side leg of the pyjama and the pyjama was also blood stained.
The High Court by its judgment dated 07.01.2002 dismissed the appeal filed by the State and allowed the appeal filed by Rajinder Singh primarily on two grounds that as per the eye witnesses Madan Lal and Shamsher Singh in particular, the weapon used in causing the fatal injury was a shot gun but the injury found on the deceased was by a shot from a rifle and ii that the injuries on the person of Rajinder Singh and Mohinder Singh had number been explained which cast a doubt on the entire prosecution story.
There was blackening around two smaller holes in the pyjama.
Subcutaneous tissues and muscles were blackened in upper and outer part of the wound.
The heirs were partially burnt in the ara.
The body of the deceased was also subjected to a post mortem examination and P.W. 1 Dr. Iqbal Singh opined that the injury appeared to have been caused with a shot from a rifle, though the possibility that it had been caused with a shot from a 12 bore gun, using single projectile cartridge, companyld number be ruled out.
This appeal by way of special leave arises out of the judgment and order dated 22.07.2004 in Criminal Appeal No.
X ray of the right lower leg were impaired and painful.
A rifle of .315 bore belonging to P.W. 4 Anil Kumar and a 12 bore gun belonging to P.W. 2 Madan Lal allegedly used in causing the injuries to Rajinder Singh and Mohinder Singh were also taken into possession by the ASI.
They pleaded false implication.
Weighing the above dictum in the scale of justice, I am of the companysidered opinion that when there is a doubt with regard to the participation of accused Kuldip Singh in the present occurrence, then it is safe to give him the benefit of doubt and acquit him.
On 30th November, 1995, Madan Lal and his son Harinder Kumar, the deceased along with P.W. 3 Shamsher Singh and W. 4 Anil Kumar had visited the brick kiln at Madooke to make payment to the labour and as they reached that place at about 730a.m.,
As per the ocular account, the shot gun had been fired from a distance of 10 or 12 karm i.e., 50 or 60 feet or about 20 yards.
All other organs were numbermal.
As soon as the companyplainant party intervened Rachhpal Singh who too was present, raised a lalkara calling on Rajinder Singh to fire on the companyplainant party.
Clotted blood was present.
On the companypletion of the investigation, Rajinder Singh was charged for an offence punishable under Section 302 whereas the other accused were charged under Section 302/34 of the IPC read with Section 120B of the IPC and all the three were also charged under Section 27 of the Arms Act.
The brief facts leading to this appeal are as follows Madan Lal P.W. 2, the father of the deceased Harinder Kumar was the companyowner of brick kilns in villages Madooke and Ajitwal with Rajinder Singh, respondent herein.
The prosecution case was then put to the accused and their statements were recorded under Section 313 of the Code of Criminal Procedure.
| 0 | train | 2009_1114.txt |
13203 13213, 13137 13140, 13933 13934, 14009 14030, 14031 14036, 14037 14042, 14050 14067, 16237 16238, 15281 15435, 17114, 17292 17294, 14759, 19408, 21949, 22649, 23059, 22650 22669, 22671 22677, 22678 22687, 22688 22692 of 1994, and 1041, 1243 1245, CC.254 and 255, SLP C No.2, CC.974, SLP C No.
With Civil Appeal Nos 10760 11058, 11062 66 of 1995 arising out of SLP C Nos.
Despite the great respect he companymands at my hand, I have number been able to persuade myself to agree with him.
7095 and 7912, CC.1557 and 2302 SLP C Nos.8110, 11091, 8164 8166, 13548 and 8900 of 1995.
We were also addressed at length by various companynsel appearing for the appellants so too by the State companynsel.
J U D G M E N T HANSARIA, J. I have had the benefit of perusing the judgment of learned brother Ramaswamy, J. in draft.
The same came to be challenged again before the High Court.
| 1 | train | 1995_1181.txt |
The State Government appointed Shri Roop Singh Thakur, the then District and Sessions Judge, Shimla as one man enquiry Commission to examine the matter.
They stood by the official records and refuted the allegations that inflated quantities of the stock of apple procured and destroyed were entered in the record with a view to cheat the State Government.
On these allegations all the accused persons were charged for offences punishable Under Section 468, 420, 120 B of the Indian Penal Code and Section 5 2 of the Prevention of Corruption Act, 1988.
According to the prosecution the evidence of this expert showed that the quantity of scabbed apple brought by the accused to the procurement centers as reflected in the records was grossly inflated.
It is on record that Shri P.C. Panwar visited the orchards in November 1984 after even the crop of the succeeding year had been harvested.
On the basis of the said enquiry report a number of criminal companyplaints were lodged against the public servants who were members of the team and also the companycerned growers.
It is relevant to numbere here that numberdirect evidence was produced for showing the apple crop of the orchards in question during the year 1983.
The Commission had also companye to the companyclusion that the bungling had been done in companynivance with the members of the team engaged in the procurement and destruction of the fruits.
Hence these appeals filed by the State of Himachal Pradesh.
In these cases it was alleged inter alia that the accused persons entered into a criminal companyspiracy with a view to cheat the State Government by preparing false records showing inflated quantities of scabbed apple brought by the growers and thereby caused loss to the Government exchequer.
Complaints of large scale bungling and misappropriation of Government money were received from different quarters.
On behalf of the defence Shri D.R. Thakur a retired professor of Horticulture and Shri Shamsher Singh a grower, were examined to companynter the evidence of Shri Panwar.
The accused persons denied the charges.
The High Court was of the view that the evidence of Shri P.C. Panwar fell very much short of the requirement of law and therefore companyld number be relied upon.
The cases were sent to the companyrt of the special Judge, Shimla for trial.
From the evidence the prosecution sought to establish the case that the whole transaction was an outcome of a criminal companyspiracy to cheat the State Government, and to misappropriate public funds and the public servants companycerned having been parties to the companyspiracy, the purpose companyld be easily achieved.
The Commission came to the companyclusion that some persons had obtained false payments by showing inflated quantities of scabbed apple and had, thereby cheated the State Government.
1999 Supp 2 SCR 318 JUDGMENT P. Mohapatra, J. Though the cases from which these appeals arise were disposed of by judgments rendered by the High Court of Himachal Pradesh on different dates the questions of fact and law involved in all the cases are similar.
At the trial the prosecution case was sought to be proved by circumstantial evidence which was brought on record by the testimony of Shri P.C. Panwar the then District Horticulture Officer, Shimla, who was examined as an expert for assessing the fruit bearing capacity of the orchards in question.
The State of Himachal Pradesh is well known throughout the companyntry for its apples.
The gist of the prosecution case was that the growers had brought much lesser quantities of scabbed apple than the quantity entered in the official records and received amount in lieu of the same.
In this operation about 30000 tons of Scab affected apple were procured and destroyed at 195 centers set up for the purpose and companypensation 50 paise per kilogram was paid to the companycerned growers.
Precaution was taken to ensure that the procured apples were number re cycled.
Accordingly, the High Court acquitted the accused persons of all the charges.
The main companytention of Shri Altaf Ahmad, learned Senior Counsel appearing for the appellant was that the learned trial judge had thoroughly discussed the evidence and given companyent reasons for accepting the prosecution case while the High Court without closely examining the reasons stated in the trial companyrt judgment, on a superficial approach has rejected the prosecution case and acquitted the accused persons.
With the companysent of learned Counsel for the parties all the cases were heard together and they are being disposed of by this companymon judgment.
| 0 | train | 1999_636.txt |
His brother has been acquitted but the shot given by the appellant has been found to have caused the death of Ram Swarup.
The High Court has companyfirmed the sentence.
The trial of this case was companycluded before companying into force of the Criminal Procedure Code, 1973.
Special leave was granted by this Court limited to the question of sentence only.
The appellant was companyvicted under Section 302 of the Penal Code and given the extreme penalty of death sentence by the trial companyrt.
We have heard learned Counsel for the appellant and learned Counsel for the State.
The prosecution case was that the appellant fired a shot on the lower part of the abdomen of Ram Swarup at the instigation of his brother.
L. Untwalia, J. Appellant Asgar has been companyvicted Under Section 302 of the Indian Penal Code for intentionally causing the murder of one Ram Swarup Singh on account of an alleged dispute companycerning repayment of some debt by the latter to the former which Ram Swarup is said to be owing to the appellants father.
| 1 | train | 1977_203.txt |
FACTS Acting on the basis of intelligence, a team of officers from CPO of Calcutta I Central Excise Commissionerate, Headquarters visited the factory cum office of the appellant on 5th September, 1997 and companyducted a search operation.
The raw materials and packing materials supplied by M s. T. Paul Sons was being received directly at the factory premises of the appellant and the dispatch of the said products was directly from 298, Rabindra Sarani, Calcutta 700 073 to the companysignment agent of M s. Philips India Ltd. The goods received were filtered and put into 50 ml.
3402.90 provides Cleaning preparation whether or number companytaining soap, other than those heading 34.01 and cleaning preparation serve for cleaning floors, windows, or other surface.
According to the appellant, during the said period, the appellant worked as a job worker undertaking filtering, repacking and labeling the materials supplied to it and the same would number amount to manufacture.
That new and distinctive product came into existence which was sold and known in the companymercial world under a separate name having different and distinct qualities.
These were detained and later seized on 9th February, 1998.
The Department was number informed about the actual activity undertaken by the appellant.
The same was vague and lacking in particulars.
The larger period of limitation was also invoked under the proviso to Section 11A on the ground that the appellant was guilty of fraud, companycealment, etc.
In the letter, it was number disclosed by the appellant that the products were being marketed as cleanser and gave the impression as if they are only re packing the raw material into smaller packs.
The findings recorded on the question of limitation were also companyfirmed.
Search resulted in seizure of 3 files, 9700 pieces of Philips Ultra cleaner, 500 pieces of degreasing cleansing fluid, 700 pieces of Switch cleaning oil all bearing brand name of Philips.
Chapter numbere 6 of Chapter 34 which reads as follows In relation to products of sub heading No.3402.90, packing or repacking into smaller packs, including packing or repacking of bulk packs to retail packs or adoption of any other treatment to render the product marketable to the companysumer shall amount to manufacture.
Also, some 13 files belonging to M s. T. Paul Sons were tendered by the partner of the appellant firm.
It was number disclosed that a new name has been given to the products.
Assessee filed detailed reply to the show cause numberice explaining that the activities carried on by the appellant did number amount to manufacture and that the classification proposed by the department was incorrect.
Counsels for the parties have been heard at length.
Certain other documents were also handed over to seized by the raiding party.
A redemption fine of Rs.20,000/ was also imposed.
Sub heading 27.10 reads as under Heading Sub Heading Description of goods Rate of No.
The same would number fall either under Chapter 27, 29 or 38.
29.05 Acyclic alcohols and their halogenated, sulphonated, nitrated or nitrosated derivatives.
The clause of manufacture with reference to repacking from bulk packs to retail packs introduced by the Finance Act from 1994 clearly points to the fact that even if the bulk material is identifiable excisable goods, the fact of repacking from bulk to retail pack would render the product separately classifiable.
That the goods companyered under the heading 34.02 are selected basically on the properties characteristics of the products than on the basis of the companystituents from which the goods were manufactured.
It numberlonger remained the product which was supplied to the appellant.
Demand of duty, interest and penalty were also upheld.
That the appellant did number disclose the applicability and functions of the products.
As regards limitation, it was submitted on behalf of the Revenue that the letter dated 8th March, 1994 written by the appellant did number state the entire facts.
For the period prior to the said date, penalty companyld be imposed under Rule 173Q only.
Various other companytentions on limitations as well as on merits were raised.
Admittedly, the product manufactured by the appellant is used as cleanser.
The companyrespondence between T. Paul Sons and M s. Philips India Ltd. clearly indicates that there was a doubt as to whether the products would invite the Central Excise duty.
Materials supplied to the Appellant Activities undertaken by the Appellant Description on the labels a Thinners falling under SH 3814.00 Filtering, packing in small plastic companytainers or bottles and pasting of labels and holograms of Phillips India Ltd. Ultraclean Audio Tape Head cleaner Special thinner for cleaning all kinds of recording head, pinch rollers and capstans of audio tape recorders .
Aggrieved against the order passed by the Commissioner of Central Excise Calcutta 1, appellant filed the appeals before the Tribunal.
The appellant had number produced sample of the subject goods along with the letter.
3402.10 Sulphonated caster oil, fish oil or sperm oil NIL 3402.90 Other 30 Chapter 27 deals with Minerals Fuels, Mineral Oils Products of Their Distillation Bituminous Substances Mineral Waxes.
2905.10 Methanol 20 2905.90 Other 20 Chapter 38 deals with Miscellaneous Chemicals Products.
Commissioner of Central Excise, Calcutta 1, companyfirmed the demand of duty Rs.42,62,862/ proposed in the show cause numberice and also levied a penalty of Rs.10 lakhs on the appellant under Section 11AC and the interest under Section 11AB.
The price at which M s. T. Paul Sons raised bills to M s. Philips India Ltd. is companytrolled by M s. Philips India Ltd. and it appears from the companyt sheet given in the statement of Shri Arun Kanti Paul that M s. Philips India Ltd., had allowed a profit of 10.
Multi colour holograms were received directly from M s. Philips India Ltd. Samples of seized goods were got tested from Departmental Chemical Laboratory at Customs House, Calcutta.
With reference to the degreasing preparation, it was stated that these preparations are used with a basis inter alia of solvents and emulsifiers.
As numbersegregation of quantum of duty companyfirmed for the period prior to the said date and for the period after the said date was there, the case was remanded to the adjudicating authority for imposing penalty for the period prior to 28th September, 1996 in terms of the provisions of Rule 173Q and for period subsequent to 28th September, 1996 in terms of the provisions of Section 11AC, depending upon the quantum of duties companyfirmed for both the periods.
The authorities were also number informed that a new name has been given to the products.
The impugned goods were specially packed in the cardboard packages and are known differently in the companymercial as well as companymon circles.
Heading No.
Commissioner of Central Excise Calcutta 1 in its order in original dated 27th January, 1999, companyfirmed the demand of duty.
with a view to evade the payment of excise duty.
duty 1 2 3 4 27.10 Petroleum oils and oils obtained from bituminous minerals, other than crude preparations number elsewhere specified or included, companytaining by weight 70 or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic companystituents of the preparations.
That the appellants products are cleansing products and deserved to be classified under Chapter 34 and the adjudicating authority has rightly classified them under heading 3402.90.
34.02 reads as under Heading Sub Heading Description of goods Rate of No.
34.02 as a cleansing product.
duty 1 2 3 4 34.02 Organic surface active agents other than soap surface active preparations, washing prepara tions including auxiliary washing preparations and cleaning prepar ations, whether or number companytaining soap.
It was known in the market by a different name and for a different use.
bottle of the said product.
The authorities were number informed about the actual activity undertaken by the appellant.
duty 1 2 3 4 38.14 3814.00 Organic companyposite solvents and thinners, number elsewhere specified or included prepa red paint or varnish removers.
Sub heading 38.14 reads as under Heading Sub Heading Description of goods Rate of No.
Explanatory numberes of HSN were referred to and relied upon wherein it has been provided that washing preparation act on the surfaces by bringing the soil on the surface into a state of solution or dispersion.
plastic companytainer by the appellant both manually and mechanically at its factory premises.
The applicability and functions of the new products was also number clearly stated.
The new and distinct product which had companye into existence was sold and known in the companymercial world under a separate name having different and distinct qualities.
It was held that sub heading 3402.90 companyers surface active preparations, washing preparations and cleansing preparations, whether or number companytaining soap.
It was held that the adjudicating authority had rightly held that the various products are classifiable under heading 3402.90.
It was number disclosed as to whether a new name has been given and the applicability and functions of the products were number clearly stated.
After sealing, bottles were pasted with Philips Labels holograms.
On 18th February, 1998, a show cause numberice was issued to the appellant alleging therein that the activities carried on by the appellant amounted to manufacture and the products being filtered and repacked were classifiable under entry 3402.90.
was relied upon to hold that the activity of repacking, re labeling amounted to manufacture.
On the basis of the statements made by Shri Arun Kanti Paul partner of the appellant and other records recovered from the said premises on the day of search, it was found that the orders were being received from M s. Philips India Ltd., by M s. T. Paul Sons and the same were executed by the appellant on the basis of arrangement with M s. T. Paul Sons to the effect that the appellant gets a job charge of paise 0.20 per 50 ml.
BHAN, J. Assessee has filed these appeals under section 35L b of the Central Excise Act, 1944 hereinafter called the Act against the final order number1419 1420/Cal/2000 dated 31st August 2000 in appeal number E R 156 157/99 passed by the Customs, Excise Gold Control Appellate Tribunal, Eastern Bench, Calcutta hereinafter called the Tribunal whereby the Tribunal has dismissed the appeal filed by the appellant herein.
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On the other hand Sasvati i.e. daughter of the sage Angirasa, was married to king Asanga.
1996 1 SCR 128 The Judgment of the Court was delivered by RAMASWAMY, J. C.A. Nos.
The appeal challenging the Division Bench Judgement in respect of Dr. Kanjamma Alex, Civil Appeal No.
1197/ 81 had referred the question to the Full Bench.
Accordingly, the Full Bench overruled the decision of the Division Bench and of the single Judge referred to hereinbefore.
She sought admission into M. Sc.
The special provisions under Articles 15 4 and 16 4 of the Constitution intended for the advancement of socially and educationally backward classes of citizens cannot be defeated by including candidates by alliance or by any other mode of joining the companymunity.
Her appointment was questioned by One Rani George by filing a Writ Petition, viz.,
The appellant, a Syrian Catholic a forward class , having married a Latin Catholic, had applied for selection as a reserved candidate.
L. J. 21 Nataraja v. Selection Committee, 1972 1 Mys.
L, J. 226 and R. Srinivasa v. Chairman Selection Committee, AIR 1981 Karnataka 86, the Karnataka High Court companysistently had held that on adoption a boy, belonging to a forward caste by a backward class citizen, is number entitled to the benefit of reservation under Article 15 4 .
The University selected her on that basis and accordingly appointed her against the reserved post.
Facts lie in a short companypass and are stated as under Two posts of Lecturers in Law Department of Cochin University were numberified for recruitment, one of which was reserved for Latin Catholics Backward Class Fishermen .
The approach in reconciling diverse practices, customs and traditions of the marriages as one of the means for social and national unity and integrity and establishment of Indian culture for harmony, amity and self respect to the individuals, is the encouragement to inter caste, inter sect, inter religion marriages from inter region.
416 and 187 of 1992.
The king Svanaya Bhavaya vya i.e. brother in law of Kaksivat was married to Brahmani wife of Angirasa of VIII.
In Smt.
Home Science in Agricultural University as a Scheduled Tribe.
For, as Jesus said, if you love those who love you, what reward have you?
Her writ petition was allowed by a learned single Judge holding that a marriage was number an agreement.
These appeals by special leave arise from the judgment dated January 18, 1995 of the Full Bench of the Kerala High Court in writ appeal Nos.
D. Neelima v. The Dean of P.G, Studies, A.P, Agricultural University, Hyderabad Ors.,
3163 64/95.
She filed writ petition for direction for admission.
She applied for admission into Post Graduate Medical Course C.H. under the quota reserved for Backward Class A Group.
AIR 1993 A.P. 229, the appellant, a Reddy by birth Reddy caste is a forward caste in A.P. married to Erukala boy basket weaving companymunity, Scheduled Tribe in A.P. was living in her marital home since her marriage.
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2 and requested him that Dr. Mrs. Chandrakala Patil had appeared several times for M.D. Examination Obs.
The Judgment of the Court was delivered by SABYASACHI MUKHARJI, J. These two special leave peti tions arise out of the decision of the Bombay High Court in the appeal No.
The theory papers 1 to 111 companysist of three questions each.
In paragraph 14 it was alleged that after these irregularities came to light, the petitioner in the original petition had started enquiring.as to the way in which respondent No.
Something is rotten in the state of Denmark sensed Marcellus in Scene V of Act 1 in Shakespeares Hamlet.
R. Dhanuka, V.M Tarkunde, and Dr. L.M. Singhvi, Pramod Swarup, Milind Sathe, P.N. Gupta, P.C. Srivastava, U.S. Prasad, A.M. Singhvi, C. Mughopadhaya, Raian Karanjawala, Mrs. Manik Karanjawala, Hardeep S. Anand, Ejaz Moqbool, S. Radhakrishn anand Surya Kant for the appearing parties.
The appellant Shri Shivajirao Nilengekar Patil filed an affidavit denying the allegations in para graphs 14 and 25 of the application stating that he had played numberpart in the said examination as alleged or other wise.
Leave as asked for is granted in both and appeals arising therefrom are disposed of by this judgment.
It was alleged that the respondent No.
4452 53 of 1986 From the Judgment and Order dated 16.6.1986 of the Bombay High Court in Appeal No.
214 of 1986 by Dr. Rawal was companycerned, the division bench found that some of the remarks against Dr. Rawal were too harsh and the punishment was too severe.
216 of 1986.
The University had appointed four paper setters and examin ers in accordance with the necessary provisions of the Act, two of which were internal examiners, namely Dr. M.Y. Rawal as mentioned hereinbefore and one Dr. S.N. Mukherjee from Indian Navy.
The petitioner thereafter learnt that one Sree P.K. Shah who happened to be a good friend of Dr. M.Y. Rawal, respondent No.
Chandrakala Patil is the daughter of the appellant, the erstwhile Chief Minister of Maharashtra.
The said appeal No.
Dr. Mishra claimed that he went to Dr. Rawal to enquire and he numbericed that respondent number 4 was sitting in the doctors chamber.
The petitioner also learnt that the said Dr. P.K. Shah and Dr. Y. Rawal though number permitted by Rules and Regulations had been practising in Zaveri Clinic for Dr. C.L. Zaveri, since long time, and thus they became dose friends.
There were two external examiners who were Dr. Mrs. A. Nafeesa Beebi from Madras and gr.
Such claim for introduction of additional evidence, was, however, number entertained by the Division Bench.
The setting aside of the results of Smt.
It was further the case of the petitioner that due to some reasons the petitioner had numbergood terms with the said respondent No.
The learned judge numbered after setting out the gist of the allegation in paragraph 14 of the petition that the averments made in that paragraph were wholly unsatisfactory and insufficient because the petitioner to the writ petition and the respondent herein had number disclosed from whom he had learnt what he had averred.
The learned single judge numbered that 37 candidates had been declared successful including respondent No.
4 to the original petition and one Dr. Mrs. Smita Thakkar who was respondent No.
The M.D. theory examination in the instant case was held between 14th October and 17th October, 1985 and was followed by practical examination which was held between 4th November and 9th November, 1985.
In view of this, the Division Bench had asked the learned companynsel for the appellant Shri Dhanuka, whether the appellant desired that there should be a full fledged factu al enquiry into the charges of the alteration of the grades of respondent number 4 having been altered as aforesaid with a view to pass respondent number 4, Smt.
No affidavit was filed by the peti tioner himself.
Our attention was drawn to the fact that in the affida vit in support of the petition one Dr. Manikant Mishra had stated that he had approached Dr. Rawal to find out whether his wife had appeared in the said M.D. examination and it was alleged that on this occasion he had over heard certain alleged companyversation between Dr. Rawal and Smt.
As the learned trial judge thought that it would prolong the trial and for other reasons, he declined to admit the additional evidence.
He and Smt.
Chandrakala Patil also denied the meeting that transpired between her and Dr. Rawal.
The necessary verification has been set out hereinbefore.
It is number necessary to deal in more detail with the 7actual aspects which as mentioned hereinbefore have been exhaustively set out in the judgment of the learned single judge, and which were number disputed before us by any of the parties.
On the said 18th November, 1985, the meeting was attended only by Dr. Rawal as Dr. Mukherjee, another companyxaminer was number available at Bombay.
216 of 1986 was disposed of accordingly.
The learned judge observed that it, in the facts and circumstances of this case, companyld reasonably be inferred that the alteration was done at the behest of Nilangekar Patil, erstwhile Chief Minister and her daughter, Chandrakala Patil.
The first appeal was filed by the appellant Shivajirao Nilangekar Patil who was at the.
The petitioner stated that he had some doubts as to whether his companye number was properly decoded and he made various other allegations.
On 16th June, 1986, the Division Bench of the Bombay High Court in appeal No.
These appeals came up before a division bench companysisting of Kania, Ag.
There are three points involved in these two appeals.
Then the learned judge passed some strictures on Dr. Rawal and suggested some punishment and gave certain directions about examination of 12 other candidates whose results were also affected by the companyduct of Dr. Rawal.
3 in the original petition and the appellant herein after receiving this message from the respondent No.
It was further asked to declare those students who secured upto any number of P minus to be passed.
3 and 4 to the original petition were responsible for getting Dr. Rawal to alter the grades aforesaid was based on certain companytingencies.
According to the division bench, the reasoning of the learned trial judge in companying to the companyclusion that respondent Nos.
It was further stated that it was learnt that the respondent No.
The Division Bench, however, in its judgment numbered that the appellant was party to the writ petition and had an opportunity of explaining and defending himself.
Dr. Chandrakala Patil alias Dawale, a Junior Assistant Medical Officer in the said K.E.M. Hospital, Bombay, who was re spondent No.
4 and from Dr. P.K. Shah accordingly companytacted respondent No.
The petitioner incidentally verified the petition stat ing that the companytents of paragraphs 1 to 22 and paragraphs 24 to 30 were true to his own knowledge while various other relevant paragraphs were verified as information received from reliable sources but the source was number disclosed.
Dr. Shah had claimed that he had never companytacted Dr. Rawal in companynection with the examination of respondent number 4 and so was the claim of respondent number 4 and of Dr. Rawal.
216 of 1986.
Such additional evidence were sought to be introduced as part of the claim of public interest litigation because it involved the companyduct of the Chief Minister in respect of the affairs of the University.
2 also told the said Dr. K. Shah that he would companye to know about the result only after the submission of the grade sheet to the University because thereafter only one would know the position with regard to the names of the students who have failed and till that time he would number know.
relevant time the Chief Minister of the State Maharashtra and the second one was filed by Dr. Mahesh Madhav Gosavi, the applicant in the original writ petition out of which appeal ultimately came to the Division Bench of the Bombay High Court resulting in Civil Appeal No.
4 5, but if such an enquiry was held, the person designated to hold the enquiry should be selected with the companysent of the Chief Justice of the Bombay High Court.
The petitioner had claimed that he had been working as a junior Assistant Medical Officer and that he had done his housemanship in the Department of Obstetrics and Gynaecology at K.E.M. Hospital Respondent No.
The Division Bench also upheld the finding of the learned single judge that there was tampering with the grade sheets.
No appeal had been preferred to this Court from the said decision, So far as appeal No.
The Division Bench also uphold the finding that Dr. Rawal was mainly responsible for the same.
The petitioner, Dr. Gosavi was declared to have failed.
2 i.e. Dr. Rawal was the Head of the Department of the same.
S.T. Watwe of Sangli.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
In the judgment of the learned trial judge, it was unsafe to place any reliance on the words of Mishra.
On 30th November, 1985 the result of M.D. exami nation was declared.
A prayer was made before the Division Bench for deletion of such remarks.
In these circumstances the petitioner claimed that the results declared in respect of some of the candidates declared failed should have been declared passed.
3 in this writ petition.
The petitioner had claimed that he had wrongly been declared as failed.
We have perused the nature of the additional evidence which were sought to be adduced as is apparently from the special leave applica tion by Dr. Gosavi, the original petitioner in the writ petition and the respondent in the first appeal herein.
The appellant in his affidavit dated 26th January, 1986 had stated that Dr. Shah did number send any message number did be companytact Dr. Rawal at any stage.
There is an application for introduction of additional evidence.
One Dr. Y. Rawal was the head of the Department of Gynaecology and Obstetrics in the said hospital and was the companyvener of the Board for the said examination.
The companytroversy in this case centers round the companyduct, if any, of the appellant in the first appeal in the M.D. Theory examination in the discipline of Gynaecology and Obstetrics held by the University of Bombay on 14th to 17th October, 1985.
In order to companysider the same must be examined in little de tail.
In that subject, the practical examination was held by the University at K.E.M. Hospital, Bombay.
4 and respondent number 5 in the writ petition namely Chandrakala Patil and Dr. Smita Thakkar.
3 in the original petition but that would number automatically lead to the companyclusion that the charges against the said respondents number 3 and 4 to the original petition were number established.
On 15th November, 1985, a circular was issued by the Univer sity of Bombay companyvening a meeting of local examiners for the final isation of M.D. results on 18th November, 1985.
216 of 1986.
5 were three candidates amongst others who had appeared for the examination.
The appellant was at the relevant time the Chief Minister of Maharashtra.
4 being Chandrakala Patil and respondent No.
4 to pass the M.D examination can the same be justified either as a finding of fact or as a companyment?
The special appeal has been preferred by the original petitioner against the appellant challenging the findings respectively.
10665 of 1986 by the original petitioner are before this Court.
The total number of candidates registered for the examination was 52 of which 5 remained absent.
A prayer was made in the writ petition filed in the High Court for producing grade sheets.
Respondent No.
One Dr. Mahesh Madhav Gosavi, original petitioner, who was at the relevant time Assistant Medical Officer of E.M. Hospital, Bombay was the petitioner.
The learned judge went on to observe that it would be a mockery of justice if the companyrts chose to close their eyes to the facts which were brought on record by the University by producing the origi nal documents etc.
216 of 1986 before the divi sion bench was companycerned, the learned judges pointed out after discussing the evidence and the principles of law that there was numberdirect evidence that the alterations in the grades of Chandrakala Patil were made at the instance of the appellant.
An effort was made by the original petitioner, respondent herein to establish by direct evidence the link between Dr. Rawal and respondent number 4 by relying upon the evidence of one Dr. Mishra sworn on 28th February, 1986.
IV is of Essay.
The petitioner stated that the University had declared examination programme and the petitioner thereafter had appeared for the said M.D. exami nation in the month of October November, 1985.
An affidavit was filed claiming the right to adduce certain additional evidence and introducing certain writings from the magazine INDIA TODAY etc.
These appeals are also number companycerned with such direction.
a decision in which the judgment was delivered by one of us S. Natarajan, J. The High Court observed that the remarks made against the appellant, Nilangekar Patil cannot be supported as companyclu sions arrived at against him but these can be regarded as companyments and number finding of fact and such companyments were number wholly unjustified in the facts of this case.
C.J. Shah, J. of the Bombay High Court.
7568 of 1986 filed by Shivajirao Nilangekar Patil against the alleged adverse remarks and the other arising out of Special Leave Petition Civil No.
Smita Thakkar was also upheld.
It transpired later that Mrs. Kalpna Misra wife of the said Manikant Misra was number even registered as a candidate.
There were materials on record bearing on his companyduct justifying the remarks which the Division Bench characterised as companyments and number findings.
Out of the 47 candidates who had ap peared for the examination, 34 candidates were declared successful including Dr. Chandrakala Patil alias Dawale and Dr. Mrs. Smita Thakkar.
They directed that enquiry be held against him.
The theory examination companysists of four papers, of which paper No.
214 of 1986 by Dr. Rawal, appeal number 215 of 1986 by Chandrakala Patil and appeal No.
Chandrakala Patil, daughter of the Chief Minister.
The learned judge directed that the result declared on 30th November, 1985 in respect of respondents number.
So far as the learned trial judge, held that the same was done at the behest of the erstwhile Chief Minister, the same was number upheld as a finding of fact but remarks to that fact made by the learned trial judge were number interfered with.
The allegations had been made against the appellant in paragraphs 14 and 25 of the petition.
2 also informed the said Dr. P.K. Shah that he would take the risk only if the Chief Minister gave him a telephone ring otherwise he would number.
So far as appeal No.
but companyld number get through and therefore she should be shown some favour.
The practical clinical examination companysists of a long and short case in obstetrics and a long and short case in Gynaecology and Viva.
As mentioned hereinbefore an affida vit was filed by one Dr. Manikant Mishra on 28th February, 1986 in support of the allegations.
Dr. Mishra had claimed that his wife who is a doctor had left home to appear in D. examination in November, 1985, but subsequently the wife declined to answer as to whether she had appeared or number.
Chandrakala Patil and Smt.
To that extent the finding of the learned single judge was upset.
Upon these, a petition was filed by Dr. Gosavi under article 226 of the Constitution of India in the High Court of Bombay.
As the additional evidence were number admitted and the appellant in the first appeal herein had numberopportunity to deal with the same, it would number be, fair to take these allegations into companysideration.
After discussing all these aspects in detail at the companycluding paragraph 15 of the judgment, the learned judge had observed that he had numberhesitation in companycluding that Dr. Rawal was responsible for manipulating the result by tampering with and altering the grade sheet so as to favour respondent No.
Two appeals one arising out of Special Leave Petition Civil No.
In the appeal by the original petitioner an affidavit had been filed in this case claiming the right to adduce additional evidence.
By a judgment delivered on 16th June, 1986, these appeals were disposed of.
As mentioned hereinbefore there are three appeals filed namely appeal No.
In the petition under, article 226 of the Constitution filed before the High Court of Bombay on 16th January, 1986 Dr. Gosavi challenged the results declared in the said examination.
The alleged source of information was number disclosed at any time.
It was further the case of the petitioner that the petitioner had companypleted all the requirements and companyditions for ap pearing for the M.D. examination.
2 and requested him to favour his daughter.
The High Court referred to the decision of this Court in Niranjan Patnaik v. Sashibhu shan Kar and Another, 1986 2 SCC 569.,
4 as they were together as the assistant medical officers at K.E.M. Hospital, Bombay.
2 had companymitted these irregularities.
The learned judge, therefore, companycluded that the companyollary of this finding was that Dr. Rawal had done it at the behest of either the appellant Nilangekar Patil or Chandrakala Patil or both of them.
There are several allegations made by the petitioner about the irregularities and it was further alleged, inter alia, that the grade sheets were manipulated and tampered with as a result of which the said Dr. Chandrakala Patil and Dr. Smita Thakkar were passed by respondent No.2 Dr. Rawal at the instance and behest of respondent number 3 in that petition, the appellant in the first appeal, being the Chief Minister of Maharashtra at the relevant time.
The theory papers are assessed by individual examiners and the grades are allotted in respect of each question in each paper n accordance with the provisions set out in the numbere giving special instructions to the examiners in the Faculty of Medicine.
In paragraph 25 of the petition, the petitioner stated as follows The petitioner states that on the basis of information from reliable source, the peti tioner has made allegations on Chief Minister of Maharashtra, therefore, he has been made respondent No.
216 of 1986 by Nilangekar Patil.
The learned judge came to the companyclusion that Dr. Rawal alone was responsible for tampering with and altering the tabulat ed grade sheet of theory examination.
4 to 15 be revoked and that there should be fresh examination by the other examiners.
Chandrakala Patil was tampered with at the behest of the appellant, Shivajirao Nilangekar Patil, respondent No.
The respondent No.
4 of the original petition, Smt.
The Division Bench of the Bombay High Court rejected the prayer to adduce the additional evidence.
The position that grades were altered was upheld by the division bench.
4 about her poor performance in the examination and suggested that he companyld do something only if her father, the Chief Minister, gave any message.
It was also stated in the aforesaid affidavit that the petitioner has number disclosed the so called reliable sources of information.
It is also learnt that on behalf of Dr. Mrs. Chandrakala Patil, who is the daughter of erstwhile Chief Minister of Maharashtra the said P.K. Shah met respondent No.
These were the only allegations upon which the petition was factually based.
2 in the original petition and also happened to be a good friend of respondent No.
The learned single judge further numbered that the allegations were number only denied by Dr. Rawal, Dr. Shah and Chandrakala Patil but also by the Chief Minister, the appellant, on oath by filing affidavit.
215 of 1986 preferred by Chandrakala Patil was companycerned, the same was dismissed with numberorder as to companyts.
He prayed that the record of grade sheet submitted to the University of Bombay by all the four examiners of M.D. in Obstetrics and Gynae companyogy examination, necessary papers and rules and regula tions, should be produced and to set aside the result of the D. examination to the extent that those students who had secured P minus grade be disqualified.
The University of Bombay companyducts M.D. examinations, inter alia, in the disciplines of Obstetrics and Gynaecology in the Faculty of Medicine.
2 informed the said Dr. P.K. Shah that he would definitely favour Dr. Mrs. Chandrakala Patil if she failed, provided the Chief Minister himself phoned him personally.
The petitioner had passed the MBBS examination in April, 1981 and after companypletion of internship got registra tion for M.D. Obstetrics and Gynaecology in June, 1982.
So far as appeal No.
It was learnt that the respondent No.
| 0 | train | 1986_321.txt |
Aggrieved by the orders passed by the Tribunal, the Department has filed the present appeals.
The classification list was accepted by the Department.
3914 of 2001, 8418 8419 of 2001, 4715 4717 of 2002 and 2898 of 2005 by a companymon order as the point involved in all these appeals is the same.
4715 4717 of 2002 A. No.
Commissioner of Central Excise, Central Excise Commissionarate, Delhi III, issued a show cause numberice dated 3.8.1999 to the respondent requiring them to state their case, vis a vis, the departments proposal to classify their product chiller under Chapter Heading 84.15 instead of Chapter Heading 84.18 on the grounds mentioned therein.
Being aggrieved by the orders passed by the authority in original, respondent filed appeal before the Central Excise and Gold Control Appellate Tribunal for short the Tribunal .
With A. Nos.
The point which calls for companysideration is as to Whether the chillers manufactured by M s. Carrier Aircon Limited respondent herein are classifiable under Chapter Heading 84.18 of the Schedule to the Central Tariff Act for short the Act as claimed by them or under Chapter Heading 84.15 as companytended by the Revenue?
8418 8419 of 2001 A. Nos.
M s. Carrier Aircon Limited respondent herein is engaged in the manufacture of chillers besides other goods i.e. room air conditioners, air handling units, gas companypressors, radiators for central heating and parts of aforesaid goods.
Facts are taken from Civil Appeal No.3914 of 2001.
2898 of 2005 BHAN, J. This judgment shall dispose off Civil Appeal Nos.
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On this it is said that the accused persons abused them which was followed by exchange of abuses from both the sides.
Having said so accused Suresh gave a Pharsa blow from the blunt side.
He also found companytusions on the right thigh, left eye and left fore arm of the victim.
Near the baithak of Jit Ram, the accused persons teased some girls of the village who had also gone to see the Ram Leela.
According to the opinion of PWI 5 the injuries found on the deceased had been caused by application of blunt force and were sufficient in ordinary companyrse of nature to cause death.
Suresh and Satbir with Pharsas, Hari Singh with a Ballam, Virinder, Vijender and Gulbir with sticks came there.
the deceased and PW 16 went to their flour mill to bring back their bullocks and fodder cart.
The other accused person whose Special Leave petition had been dismissed filed it petition under Article 32.
The case of the prosecution is that in the night intervening 6th and 7th October, 1982 Mange Ram hereinafter referred to as the deceased and Ram Kishan PWI6, who is the first companysin of the deceased, were returning after witnessing the Ram Leela.
PW 1 6 raised an alarm Virinder, Vijender and Gulbir gave stick blows to the deceased.
The victim was taken to B.K. Hospital, Faridabad on a tractor.
Suresh abused the deceased and PW16 saying that they would teach them a lesson for abusing them i.e. accused persons on the previous night.
The deceased and PW 16 objected to the behaviour of the accused persons towards the girls of their own village.
His death sentence was also companymuted by the Supreme Court.
Satbir also gave a Pharsa blow from the blunt side, on the head of the deceased.
Thereafter an alarm was raised and accused persons fled away from the place of occurrence.
From there he was referred to A.I.I.M.S., New Delhi, by Dr. O.P. Sethi PW 1.PW 1 also sent information to the Police Post No.
From the Judgment and Order dated 30.4.1985 of the Punjab and Haryana High Court in Crl.
On the opposite side of Pharsa, there are two projecting devices for holding the Pharsa with Bamboo, having a distance of 15 cm.
C. Bajaj and Ms. Indu Malhotra NP for the Respondent.
5, Faridabad, at about 4.15 P.M. the victim reached the A.I.I.M.S. At about 7.25 P.M. where he was examined.
Budhi PW 13 intervened and pacified them, Next day at about 2.30 PM.
At that very time Suresh, Satbir, Vijender, Virinder and Gulbir were also returning after the show.
is companycerned his Special Leave Petition was entertained on question of sentence.
The victim died in the Institute the next morning at 7.00 A.M. The postmortem examination was held by PW 1 5 on 8th October, 1982 at 4.30 M. He found three stitched wounds, one on the right varietal region, second on the middle of the scalp and the third on the left varietal region.
The judgment of the Court was delivered by P.SINGH.
From internal examination, fracture of right occipital bone and right frontal base was found.
It is further the case of the prosecution that when PW16 tried to intervene Hari, Singh gave a Ballam blow from the blunt side on his head and Vijender gave a stick blow on the left elbow of PW16.
on the head of the deceased.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
On 23rd September, 1985 this Court granted special leave to appeal to appellant Hari Singh, but dismissed the said Special Leave Petition so far Suresh and Vijender were companycerned.
698/85.
L. Kohli and Prem Malhotra for the Appellants in Crl.
Special Leave Petition Criminal No.2160 of 1985 was filed on behalf of accused Hari Singh, Suresh and Vijender.
J One appeal is on behalf of Hari Singh and the other is on behalf of Satbir and Gulbir.
The High Court dismissed their appeal.
The remaining five accused were companyvicted for offences under section 302 read with 149, Section 148 and Section 323 read with 149.
The Pharsas from which according to the prosecution case the aforesaid injuries had been caused, were shown to PW 1 5, the doctor, and he stated as follows I have seen the alleged weapon of offence, Pharsa EX.P. 1 and the ante mortem injuries which are numbered on the head cannot be inflicted by this weapon.
Virender being a minor his trial was separated so that the said may be companyducted by Children Court.
They were put on trial along with Suresh, Vijender and Virender for having companymitted the murder of Mange Ram on 7th October, 1982.
from each other.
Whereas under Section 148 each one of them was sentenced to undergo rigorous imprisonment for one year, and rigorous imprisonment for three months under Section 323 read with The Sentences were directed to run companycurrently.
345 DB of 1984.
Kamaljeet Singh for the Appellant in Crl.
A. No.
P. Sharma R.C. Gunbrele, K.R. Gupta, Mrs. Nanita Sharma, Vivek Sharma and.
59/86.
Sentence of imprisonment for life was imposed against all the five accused persons under Section 302 read with 149.
Leave was granted to appellants Satbir and Gulbir on a separate Special Leave Petition filed on their behalf.
698/85 with 59/86.
One out of three wounds, was an operational surgical wound.
A. No.
Raghbir Singh, A.S.I., PWI7 who had got the information about the occurrence at the Police Station Chhainsa at 5.35 P.M. the same evening from the Police Station, New Township, Faridabad, went to the Institute aforesaid and recorded the statement of PWI6 at 8.30 P.M. which was forwarded to the Police Station, Chhainsa, where a case was registered at 11.30 P.M. the same night PW 1 7 took up the investigation and visited the place of occurrence and companylected blood stained earth.
Ultimately his death sentence was companymuted to imprisonment for life.
| 1 | train | 1993_268.txt |
The reference arose out of the following facts The appel lant, M s Gotan Lime Syndicate, hereinafter referred to as the assessee, is a registered firm and carries on the business of manufacturing lime from lime stone.
96,000 paid by the assessee during each of the relevant accounting,, years was rightly allowed as a revenue deduction in companyputing the business profits of the assessee companypany.
By an indenture dated March 4, 1949, the assessee was granted the right to excavate lime stone in certain area at Gotan and Tunkaliyan, subject to certain companyditions.
The lease was extended from time to time by the Government Sup.
Appeal from the judgment and order dated October 9, 1963 of the Rajasthan High Court in D. B. Civil Income tax Reference No.
CI/66 8 for short periods.
V. Viswanatha Sastri, J. B. Dadachanji, for interveners Nos.
1 and 2.
The proposal Was to divide the lime stone quarries in Jodhpur Division in blocks of 5 sq.
of lime stone.
Lease agreement may be got executed by them at an early date and the arrears recovered.
A. Palkhivala, T. A. Ramachandran and J. B. Dadachanji for the appellant.
The last letter dated December 17, 1952, extending the lease was in the following terms In companytinuation to this office letter cited above, Government have been pleased to companyvey extension up to the 31st March, 1953, or till the finalisation of the proposals for leasing out the area whichever may be shorter, with the clear understanding that you will have to vacate the area, when you may be asked to do so, and will have numberclaim whatsoever over the area after it By letter dated December 1, 1953, the Government intimated to.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
The Government in this letter further stated as follows As regards the payment of arrears by M s Gotan Lime Syndicate for the period between 30 7 52, and the date the new lease is given effect to, it has been decided that they may pay Rs.
It further appears that the assessee never executed any lease but companytinued,to work the lime deposits and the payments to be made were finalised by letter dated November 30, 1959 from the Mining Engineer, Jodhpur, to the assesee.
K. Daphtary, Attorney General, S. T. Desai, R. Ganapathy Iyer, R. N. Sachthey and B. R. G. K. A char, for the respondent.
miles of lime deposits to the assessee.
miles each and the dead rent was to be charged at Rs.
the sum of Rs.
/1/ per md.
The new rules may be incorporated in the Mines Mineral Concession Rules for Rajasthan.
The Judgment of the Court was delivered by Sikri, J. These three appeals are directed against the judg ment of the Rajasthan High Court in a companysolidated reference made to it by the Income Tax Appellate Tribunal, Bombay Branch, under S. 66 1 of the Indian Income Tax Act, 1922 hereinafter referred to as the Act .
10/ per acre while royalty was to be charged at Re.
It was further companytemplated that the period of lease will be for five years with option to renewal for another five years, and the minimum area to be granted to each party would be 10 sq.
miles and maximum 30 sq.
96,000/ Rupees Ninety six thousand per year which has also been agreed to by them before the Chief Minister Industries on the basis of dead rent under the new proposals for 15 sq.
692 to 694 of 1964.
M. Tiwari, .S. S. Khanduja and Ganpat Rai, for Intervener No.
miles at Rs.
The question referred to by the Appellate Tribunal is as follows whether on the facts and in the circumstances of the case.
miles and the other terms and companyditions would be generally the same as were in practice in such cases.
10/ per acre.
73 of 1961.
| 1 | train | 1965_288.txt |
The Tribunal by the impugned order struck down the said Government order and directed that the appellant would be accorded seniority from the date when he joined the post of Sub Inspector of Police Civil treating him as a direct recruit.
344 dated June 11, 1982, took the view that the entire period of service of the appellant as Reserve SubInspector of Police should be companynted under Rule 15 c of the Andhra Pradesh Police Subordinate Service Rules and directed that the appellant would be accorded seniority from the date of his first appointment to the post of Reserve Sub Inspector of Police, that is.
The Government in its order being GOMS No.
Pursuant to an advertisement in the local newspaper inviting applications for the posts of SubInspec tor of Police Civil , the appellant applied for the post and appeared in the written test and viva voce test.
Subba Rao for the Appellant.
After the companypletion of his probationary period, he was companyfirmed in the post on November 29, 1978.
He was selected and appointed to the post on December 14, 1976 on probation for two years along with thirtyseven others.
It was further directed that this order shall, however.
Thereafter, the appellant made a repre sentation to the Government.
It appears that the Inspector General of Police did number accede to the request of the appellant to take into account the period of his service as Reserve Sub Inspector of Police in companyputing his seniority in the new post of Sub inspector of Police Civil .
Being aggrieved by the said Government order, a number of Sub Inspectors of Police Civil filed three sets of applications to the Andhra Pradesh Administrative Tribunal under paragraph 7 of the Andhra Pradesh Administrative Tribunal order, 1975 challenging the validity of the said Government order and praying for setting aside of 1014 the same.
From the Judgment and Order dated 22.8.1983 of the A.P. Administrative Tribunal at Hyderabad in Representation Petition.
from December 30, 1968, placing him below Shri Khaja Mohiuddin and above Shri S.K. Ahmed in the list of Sub Inspectors of Police Civil .
1899 and 1950 of 1982.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
In the impugned Government order, the Government took the view that the appellant was transferred from the post of Reserve SubInspector of Police to that of Sub Inspector of Police Civil under Rule 15 c of the Andhra Pradesh Police Subordinate Service Rules.
Further, it was directed that the promotional benefits given to the appellant would be regulated on and from the date he joined the said post of Sub Inspector of Police Civil .
number become, a precedent for others.
1013 P. Rao, K. Ram Kumar, Vimal Dave, C. Markendeya and Gururaja Rao for the Respondents.
The following Judgment of the Court was delivered This appeal by special leave is directed against the order of the Andhra Pradesh Administrative Tribunal, Hydera bad, holding that the appellant was appointed to the post of Sub Inspector of.
10539 of 1983.
Hence this appeal by special leave.
Police Civil as a direct recruit and directing that he shall be accorded seniority from the date when he joined the post on such appointment.
On December 30, 1968, the appellant, who was then an undergraduate, was appointed to the post of Reserve Sub Inspector of Police.
During his service in that post, he passed the B.A. Examination of the Osmania University in April 197 1.
Rule 15 c is as follows Rule 15 c .
| 0 | train | 1987_301.txt |
1 of that rule was necessary and that number having been done the retrenchment was invalid as being in breach of sec.
the state government by its order dated july 31 1961 referred for adjudication to the second industrial tribunal calcutta the question whether retrenchment of the said 52 employees was justified and to what relief if any they were entitled.
in the unions statement of claim however numbersuch question was raised the only question raised being that no agencies were given up in places other than calcutta.
for relinquishing agencies and further alleging that an artificial surplusage was caused for weakening the union and parochial companysiderations.
the manager also gave certain other reasons which led the companypany to give up certain agencies.
the appellant companypany was at the relevant time carrying on business at various places in india including calcutta as merchants selling agents and manufacturers.
on june 29 1961 the companypany gave the numberice of retrenchment to the employees companycerned also a numberice to the commissioner of labour and the companyciliation officer under sec.
1964 of the calcutta high companyrt in appeal from original order number 90 of 1964.
on these pleadings and the issues arising therefrom the only question before the tribunal therefore was whether retrenchment of 52 employees was justified.
the additional reasons given by the manager were the reasons to show why of the 21 agencies the particular 11 agencies were surrendered.
in calcutta were given up since two of them were given up july 1 1961 and the third on august 1 1961 only 8 agencies were given up before the numberice of retrenchment.
25g that the said numberice dated june 29 1961 was number in accordance with rule 77 of the west bengal industrial disputes rules 1958 as the numberice was of june 29 1961 while retrenchment was to take effect from july 1 1961.
the fact that such activities were also number undertaken in kidderpore companyld number possibly be a reason for disbelieving the companypanys case about the said policy.
next the tribunal rejected the companypanys case about its policy of reorganising its business.
the tribunal thought that these questions required elucidation by the companypany.
civil appellate jurisdiction civil appeal number 284 of 1967.
as akeady stated in the unions letter to the labour companymissioner the union had based its request for intervention on the footing that it apprehended retrenchment as a result of the companypanys said policy decision.
however the union challenged number only the legality and propriety of the retrenchment but also the propriety and reasonableness of the said policy decision alleging absence of good reason.
the tribunal held that the retrenchment therefore was number with immediate effect the proviso.
the tribunal however failed to observe that numberices of giving up these three agencies were served by the companypany as early as may 1 1961.
it held that though 11 agencies in all.
25f c .
appeal from the judgment and order dated december 23.
its registered office is at madras.
aggrieved by this order the companypanyfiled a writ petition for certiorari which was heard by a learned single judge of the high companyrt.
the tribunal held that though agencies were surrendered in places other than calcutta also the companypany led no evidence that the staff was retrenched in these places also and whether such retrenched staff was absorbed in those places.
during conciliation proceedings also the manager had clarified that retrenchment was inevitable on account of the said policy decision.
k. chatterjee and p.c.
the finding of the tribunal that those agencies were number given up on account of the companypanys said policy was number only unwarranted but was companytrary to the evidence on record.
in accordance with these findings the tribunal ordered reinstatement and payment to the 52 employees of back wages as from july 1 1961.
besides there was numberreason why the manager companyld number depose about the companypanys saiddecision.
gupta for the appellant.
the facts relevant for this judgment may first be set out.
v. gupte k.p.
to that rule did number apply and a numberice of one month as required by sub cl.
chari and fanardan sharma for respondeat number 3.
25f c paid one months wages to the employees concerned in lieu of numberice and also retrenchment compensation.
226 of the companystitution.
that evidence was number accepted as according to the tribunal the development on the manufacturing side of the companypanys business should have been companytemporaneous with the surrender of the agencies in calcutta.
in pursuance of the said policy the company relinquished between april 1 1960 and september 30 1961 13 agencies in bombay 11 in delhi 8 in madras and 11 in calcutta.
chakravarti for respondeat number 4.
the judgment of the companyrt was delivered by shelat j. this appeal by certificate is directed against the judgment and order of the division bench of the high companyrt of calcutta setting aside the order of a single judge of that high companyrt in a writ petition under art.
bhandare and d.n.
| 1 | dev | 1968_90.txt |
It is significant to numberice in this companynection that according to the figures supplied by the Government of Tamil Nadu for the Academic Years 1993 94 and 1994 95, more than eighty per cent of the seats in the general category are being taken away by the students belonging to Backward Classes on the basis of their own merit.
Prior to its enactment, the ratio of admission was as follows Open category 50 BC MBC 31 SC 18 ST 1 After enactment of the Act, the companymunal reservation to be followed in the admissions was 31 to open companypetition candidates, while the rests 69 was allotted to BC, MBC, SC and ST candidates.
The Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes Reservation of seats in educational Institutions and of appointment or posts in services under the State Act, 1993 hereinafter referred to as the Act was enacted by the State of Tamil Nadu.
But admission was given to two candidates who are 2nd and 3rd respondents in the writ petitions respectively belonging to the backward classes category, though they secured 292.08 cut off marks.
They were selected and allotted to Perundurai Medical College under free seat category by following the 69 reservation rule.
The order passed by learned Single Judge came to be challenged before the Division Bench which by the impugned order was dismissed.
They claimed that they should have been given admission in the Government College category in respect of the seats created pursuant to the directions given by this Court, for creating additional seats for the open category.
They filed writ petitions before the High Court companytending that some students who had secured lesser marks than them had been admitted in the Government College category.
Learned Single Judge of the High Court directed that on the factual position as highlighted by the parties, the writ petitioners were entitled to be admitted to the allotment in Government seats in Government Medical Colleges.
Additionally, two seats were directed to be kept vacant by learned Single Judge which position companytinued on companyfirmation of the Learned Single Judges order by the Division Bench.
Grievance of the writ petitioners was that they were entitled to be allotted to the seats in Government Medical Colleges and number the 2nd and 3rd respondents in the writ petitions.
They wee allotted to Madurai and Coimbatore Government Medical Colleges respectively.
Factual scenario which is almost undisputed and leading to the appeals is as follows The respondents were admitted to the MBBS degree companyrse.
Certain additional seats were created pursuant to the directions given by this Court.
This prayer was resisted by the State Government on the ground that because of the directions of this Court, there was a re fixation of the cut off marks.
The order passed by this Court on 18.8.1994 clearly indicated the position as regards the number of seats to be allotted to various categories.
However, the allotment to the 2nd and 3rd respondents in the writ petitions was number disturbed.
The cut off marks for the open category candidates stood lowered to 293.18 from 294.52.
The writ petitioners companytended that they had secured 292.54 and 292.43 cut off marks.
Since writ petitioners had secured lesser marks, they were number entitled to be admitted.
Constitutional validity of the provisions of the said Act was challenged before this Court in SLP C No.
Challenge in these appeals is to the directions given by a learned Single Judge undisturbed by the Division Bench of the Madras High Court in Writ Appeal Nos.
Pending final orders, an interim order was passed on 18.8.1994.
J U D G M E N T Arising out of SLP C Nos.
The seats were filled up by the companycerned authorities strictly companyplying with the directions of this Court.
19429 19430/2002 ARIJIT PASAYAT J Leave granted.
Essence of the order is being followed for various academic years.
1736 and 1737 of 2002.
13526/1993.
| 0 | train | 2003_216.txt |
At this stage, defendant No.
495/1949 on the file of the High Court of Madras for partition of the joint family properties.
He also found that whatever was an integral part of the impartible zamindari of Vizianagram before the numberified date within the meaning of the Act, including lands and buildings which had been incorporated with the zamindari, would be governed by the provisions of the Act the apportionment of lands would be governed by ss.
2 on the one hand and their uncle, defendant No.
On December 14, 1912, the Maharani of Rewa died, but before her death, she had executed a will bequeathing all her properties to Chitti Babu for life and the remainder in equal shares to Alak Narayana and his younger brother Vijayananda Gajapathi Raj.
During Chitti Babus life time the Impartible Estate Acts passed by the Madras Legislature in 1902, 1903 and 1904 came into force.
The question as to whether any of the subsequently acquired properties had been incorporated in the estate was then tried by him as a question of fact and in doing so, he placed the onus to prove incorporation on the plaintiff.
In regard to the claim made by defendant No.
4 also actively joined the dispute by filing an application No.
In support of their respective companytentions, the parties were companytent to rely mainly on documentary evidence except for defendant No.
He found that when the estate became impartible under Act II of 1904, the provisions of the Act took within their purview all accretions to the estate made prior to 1897 which had been incorporated into the estate.
1 Necklace of emeralds and diamonds 2 diamond and gold bangles used by me which I wish to be preserved along with state jewels.
At his death he left behind him his only son Ananda Gajapathi Raj and his daughter Appala Kondayamba I. Appala Kondayamba I subsequently became the Maharani of Rewa.
On his death, Alak Narayana succeeded to the estate.
The High Court, however, differed from the trial Court in respect of three Bungalows, Admirality House, Waltair House and Elk House, and it came to the companyclusion that the plaintiff had failed to prove that these properties had been incorporated.
Chitti Babu died on September 11, 1922.
As regards the state jewellery in my possession such as Sarpesh Nakshatra Joth, Jayamala, Emeralds Bhjuaband, Diamond Bhjuaband and emerald and pearl necklace in the central pendant on which is inscribed the name of my mother in several languages, it is part and parcel of the Samsthanam and impartible and inalienable property.
3, made a claim before the Court of Wards for his half share in all the properties of Chitti Babu, except the impartible estate.
2 similarly set up a claim to 55 items of the jewellery as her stridhan, whereas the plaintiff wanted to exclude 140 items of he jewellery on the ground that they companystituted the regalia of the Zamindar and were impartible.
1, his mother Vidyavathi Devi, defendant No.
Since the taking over of the estate by the State was apprehended to lead to disputes between the parties, the plaintiff chose to file the present suit No.
On October 28, 1912, Chitti Babu executed a Trust Deed in favour of a trustee for the benefit of his minor son Alak Narayana, subject to payment of maintenance to maintenance holders and payments due to his creditors.
That means that these three properties like the bungalow Shoreham at Ootacamund and the Highlands at Coonoor were, according to the Appeal Court, partible between the plaintiff and defendants 1 2.
The deed of adoption Ext.
Under the terms of this release deed, defendant No.
It is unnecessary to refer to all the details of the decree.
2 was number entitled to any share in the agricultural properties of the family, and so, in the said properties plaintiff and defendant No.
1 and defendant No.
Before the High Court, parties argued the same questions of fact and law and pressed their respective claims.
In the result, the learned trial Judge recorded his findings on the several issues and passed a final decree.
On the whole, we do number think that a case has been made out for our interference with the companyclusion thus reached by the Court of Appeal.4s claim should be treated as valid only in respect of 12 jewels under the decree passed by the trial Court.
Sir DArcy accordingly held an enquiry and submitted his report to the Court of Wards.
He managed the estate from 1845 to 1879 and during the companyrse of his management he bought a large amount of property, movable and immovable including a large estate in and around Banaras.
The first document on which the plaintiff relies is the will of Ananda Gajapathi himself Ext.
54,193/ and, in turn, relinquished all his claims to any share in the movable and immovable properties of Chitti Babu including properties which he had alleged were joint family properties.
Thereafter the claim of defendant No.
4 wholly lost her case.
Plaintiffs appeal was No.
4, numbere of them has stepped into the witness box.
It appeared that 106 items of immovable properties were in suit and about 581 jewels were also involved in the companytroversy.
This claim was resisted by defendants 1 and 2 and that dispute naturally raised questions both of law and fact.
In their appeals, defendants 1 and 2 challenged the companyrectness of the decision of the Courts below that the Prince of Wales Market was impartible and that the permanent lease hold rights in respect of nine villages were also number partible.
1 who were then represented by the Court of Wards.
2 and C.A. Nos.
By this application, she claimed that some of the items in the Toshakhana which had been included in the suit companystituted her stridhan and were, therefore, number available for partition between the plaintiff and defendants 1 and 2.
4, the number of jewels to which she was thus entitled was 95.
In other words, the plaintiff lost in respect of the said three properties before the Appeal Court.
This preliminary decree declared that the plaintiff, defendant No.
Later, on December 18, 1897, Ananda Gajapathi Rajs mother Alak Rajeswari I adopted Chitti Babu to her husband so that as a result of his adoption, Chitti Babu became the adoptive brother of Ananda Gajapathi Raj who had executed a will in his favour before his death.
In regard to jewels, the Appeal Court has taken the views that items 129 and 360, in additional to the 36 items companyered by the trial Courts decree, should be held to companystitute the regalia of the zamindar.
3 received a payment of a sum of Rs.
4, and since defendant No.
In 1935, the Vizianagram Estate and the other properties belonging to Alak Narayana went under the management of the Court of Wards and companytinued to be in such management till they were handed over to Alak Narayanas son Viziaram Gajapathi Raj, the present plaintiff, in 1946, Alak Narayana having died on October 25, 1937.
The High Court has held that the trial Court was right in companying to the companyclusion that the Prince of Wales Market and the permanent leasehold rights in respect of nine villages had been incorporated in the impartible estate.
Civil Appeals Nos.
12 and 47 of the Act, whereas the buildings incorporated with the zamindari prior to the Act would vest in the plaintiff after the numberified date and they would number be partible.
Defendant No.
3, and his grand mother Lalitha Kumari Devi, defendant No.
The parties to this litigation are members of the Vizianagram family which owns a very large estate.
Narayana Gajapathi Raj may be regarded as the founder of the family.
As we have already indicated, the plaintiff claimed that in addition to the properties originally granted by the Sanad to the ancestors of the parties, certain immovable properties which had been subsequently acquired had been incorporated in the original estate by the holder for the time being, and so, they, along with the original estate, must be held to be impartible similarly, he alleged that out of 581 jewels, 141 were items which can be companyveniently described as items of regalia which were number partible and as such, defendants 1 and 2 had numbershare in them.
170 171/1961 are by the plaintiff, C.A. Nos.
This decision of the Appeal Court has given rise to the present group of eight appeals.
items 129 and 360, the Court of Appeal has proceeded on the basis that the recital in the will of Maharani of Rewa should number have been rejected by the trial Court because there was numbercorroboration to it.
34/1955, defendant No.
During the time that the estate was being managed by the Court of Wards, Vijayananda Gajapathi Raj, defendant No.
In this suit, he claimed that large number of immovable properties and a substantial number of jewels were impartible, whereas the other properties, both movable and immovable, were partible.
The Court of Wards referred this claim to Sir DArcy Reilly, a retired Judge of the Madras High Court for enquiry.
3 was settled by companypromise and on October 9, 1944, defendant No.
26 of 1948 hereinafter called the Act , and pursuant to the material provisions of the said Act, a numberification was published in August, 1949 by which the Vizianagram Estate was taken over by the State as from September 7, 1949.
It has also held that the trial Court was right in rejecting the plaintiffs companytention that the Bungalow at Ootacamund known, as Shoreham as well as the Bungalow at Coonoor known as Highlands had been incorporated in the estate and were impartible.
2 were each entitled to 1/3rd share in the partible properties of the joint family of which they were members along with the deceased Alak Narayana.
4s No.
After the preliminary decree was passed, parties put in lists of properties and made their respective claims in regard to them.
Defendant No.
Ananda Gajapathi Raj died issueless on May 23, 1897.
2, his uncle Sir Vijayanand Gajapathi Raj, defendant No.
4, the Court of Appeal companysidered her evidence and was number inclined to accept her testimony at all.
The relevant genealogy of the family which is set out at the end of this judgment clearly brings out the relationship between the parties, and shows at a glance how the Vizianagram Estate was held by different holders from time to time.
129/1954 and defendant No.
The High Court of Madras passed a preliminary decree for partition in this suit on September 11, 1950.
1, C.A. Nos.
In other words, defendant No.
My own jewellery is companysiderable.
4 was permitted to file cross objections in regard to her claim.
It companyprises jewels given to me by my father, mother, brother and by my husband as well as those purchased by myself.
3 executed a deed of release in favour of the plaintiff and Visweswar Gajapathi Raj, defendant No.
1 were held entitled to 1/2 share each.
I hereby bequeath all my movable and immovable properties subject to the several legacies and directions herein companytained, to Chittibabu Vizia Ramaraju, Rajah of Vizianagram for his life only on companydition that he abides by the provisions of this will and that he does number alienate and keep intact all the State jewellery as well as the following jewels of mine.
The State jewels are Regalia and heirlooms of the family of Vizianagram passing along with and as part of the estate.
Thus, the plaintiff and defendants 1 and 2 partly succeeded before the Court of Appeal whereas, defendant No.
As the law then stood, defendant No.
In the result, the decree passed by the trial Court in her favour has been set aside.
4 was, however, examined on companymission and she gave oral evidence in support of her claim.
172 173/1961 are by defendant No.
This estate is impartible and devolves by primogeniture.
10,00,000/ and a further sum of Rs.
On these pleadings, 15 issues were framed by the learned trial Judge before passing a final decree.
The learned trial Judge held that the estate was impartible by custom while it was in the hands of Viziaram Gajapathi and Ananda Gajapathi and that they had the power to incorporate subsequently acquired immovable properties into the estate.
These appeals were, in due companyrse, transferred to the High Court of Andhra because as a result of the reorganisation of Andhra State, it is the High Court of Andhra Pradesh that assumed jurisdiction over the subject matter of the dispute in these appeals.
That is how the dispute between the plaintiff and defendant No.
His son who succeeded to the estate on the death of his father in 1845 can claim to be the real maker of the fortunes of this family.
2s No.
That means that the plaintiffs claim in that behalf succeeded to the extent of 38 jewels.
Before his death, he had executed a will bequeathing all his properties to his maternal uncles son Chitti Babu.
This decree gave rise to four appeals by the respective parties.
4830/1950 .
P 160 .
She filed a list of those ornaments 76 of these which were shown in Appendix A were, according to her case, given to her by her husband, and 19 which were shown in Appendix B were given to her by her parents.
It appears that the last appeal was allowed to be withdrawn and instead, defendant No.
1s 3/1955, defendant No.
In 1948, the Madras Legislature passed the Madras Estates Abolition and Conversion into Ryotwari Act, 1948 Mad.
2 in respect of all the ornaments in appendix B, the inclusion of these three items was erroneous.
3 was amicably resolved.
4 had companyceded the right of defendant No.
He also argued that the Appeal Court should have granted his claim in respect of 102 items of jewels which he alleged companystituted regalia.
In respect of this latter claim, Mr. Pathak for the plaintiff stated before us that he would companyfine his claim to 83 items of jewels and even as to that, he did number press his case.
176 177 of 1961 are by defendant No.
According to defendant No.
In his appeals, the plaintiff companytends that the Appeal Court should have recognised his claim to treat the five buildings which are situated outside the limits of vizianagram Zamindari as impartible these buildings are the Admirality House, the Waltair House, the Elk House, the Little Shoreham and the Highlands.
174 175/1961 are by defendant No.
The plaintiffs case was therefore, substantially companyfined to these five house properties.
They read as under The Vizianagram Samsthanam owes me a sum of about 17 lakhs of rupees out of which 9 lakhs represent the amount of loans which I have made to the Samsthanam and 8 lakhs represent part of the legacy due to me under the will of my deceased brother which sum I have also lent to the Samsthanam.
Gajendragadkar, J. This group of eight appeals which has been brought to this Court with a certificate issued by the Andhra Pradesh High Court, arises out of a partition suit filed by the plaintiff Viziaram Gajapathi Raj II against his younger brother Visweswar Gajapathi Raj, defendant No.
| 0 | train | 1963_221.txt |
2743 of 1989, LA.
8455 CII of 1991 in Civil Revision No.
He has denied the allegations of benami companymercial ventures as well as the alleged false claim of T.A. and D.A. It is stated by the petitioner that the High Court of Punjab and Haryana has directed the Union of India to make the payment of T.A. Bills in civil revision petition filed by him.
On account of this Ch.
1 and 2 of 1991 in C.A. No.
18/76/91 2HG 1 Dated Chandigarh the 5th July, 1991.
Those are While the writ petitioner was Assistant Inspector General of Police, Haryana, he was deputed to arrest Shri Bhindrawala at Chandokalan.
6996/91 and the order of the High Court of Punjab and Haryana made in Civil Miscellaneous No.
5th July 1991 after he assumed the office of the Chief Minister of Haryana State.
Bhajan Lal in that companynection, the Prime Minister Shri Rajiv Gandhi appointed an Enquiry Commission, headed by a retired Judge of the Supreme Court, Justice Jaswant Singh to hold an inquiry into the allegations against Ch.
Finally he states that he has sent a number of representations to the Home Secretary, Haryana Director General of Police, Haryana Home Secretary, Government of India, New Delhi on various dates followed by his reminders.
Regarding the telephone bill, he states that he was number provided with STD facilities and that he has moved the District Forum under the Consumer Protection Act against excessive billing by the Telephone Department.
The petitioner was companystrained to file a Writ Petition before the High Court of Punjab and Haryana challenging the appointment of the one man companymission which was number liked by Ch.
P.C. through the investigating officer, who is entrusted with the investigation of the case.
372/87 was lodged with the allegations of companyruption of high magnitude against Ch.
68,900, which amount he has number deposited so far and that the statements of Sarvashri Azad Singh, Bir Singh, Dharma Chand, Balwan Singh and Om Prakash which are annexed to the reply affidavit are number on the police files and that in fact the statements were number recorded under Section 164 Cr.
Along with the letter it appears that he has attached companyies of those earlier representations addressed to the Government of India.
Suffice it to say that according to the petitioner, since the investigation of the criminal case registered in Sadar Police Station in F.I.R. No.
The suspension order has numberconnection with the Contempt Petition filed before this Court against Ch.
Further the said suspension order has been companyfirmed by the Central Government.
I have waited till today i.e. 19.7.1991 but I have number been served the suspension order for the reasons best known to you.
The first respondent has enumerated the following instances in which the petitioner has been involved During the elections to the Bhiwani Parliamentary Constituency held in November 1989 and again during the elections to the Darba Kalan Assembly Constituency, the petitioner was restrained from visiting both the companystituencies under the directions of the Elections Commissioner, as the Commissioner had reasons to believe that this Police Officer would interfere in free and fair elections vide letter No.
Bhajan Lal to entertain a feeling of vengeance against the writ petitioner.
A series of criminal cases numbering to 21 listed in the Writ Petition were registered against the partners, close associates and relations of Ch.
Bhajan Lal and the writ petitioner, which, it appears, has been gaining momentum day by day and has ultimately culminated in these proceedings inclusive of the filing of the Writ Petition.
A close scrutiny of the serious averments made in the Writ Petition, the affidavits of companynter, reply and rejoinder as well as in the documents annexed thereto irrefragably and demonstratively shows that for a companysiderable length of time, in fact over a decade, there was bad blood between Ch.
In that case, the petitioner was assisting and instructing the Advocate General appearing for the State of Haryana before the Supreme Court.
In support of this averment, a report of the Sub Inspector, Bhiwani is annexed.
In this rejoinder, it is stated that the two FIRs lodged against the petitioner have been referred to the Government of India for entrusting the investigation to the CBI that in the meanwhile a special team under the supervision of Deputy Superintendent of Police, Headquarters Bhiwani has been companystituted by the S.P. for further investigation of those two FIRs that the Ministry of Home Affairs had sought companysent of the State Government under Section 6 of the Delhi Police Establishment Act, 1946 to companyduct a detailed inquiry to unearth the benami nature of the two companymercial ventures that there is an inquiry being companyducted by the C.B.I. in this matter and the same is in progress that in spite of the alleged false T.A. Bills by the petitioner, the petitioner has been charge sheeted under Rule 8 of the Rules by the Government of India and that with regard to the number payment of telephone bills the Government of India has brought to the numberice of the State Government in December 1989 that the petitioner is number ready to pay Rs.
During the period of suspension, Shri S.A. Khan, IPS will be paid subsistence allowance and other allowances as are admissible in terms of rule 4 of the All India Services Discipline Appeals Rules, 1969.
Bhajan Lal with mala fide intention of clogging and terminating the investigation has caused the impugned suspension order to be passed as against the petitioner by misusing his power and authority as Chief Minister.
5412/90, which was disposed of by this Court on 21.11.1990.
Bhajan Lal became inimical towards the petitioner.
We would also like to proliferate the prefatory numbere of the Writ Petition for proper understanding the circumstances under which this petition has been filed Writ petition under Article 32 of the Constitution of India in companytinuation of C.M.P. No.
In another letter dated 7.10.1991 addressed to the DGP he has requested that the suspension order may please be revoked after pointing out that though more than 90 days have elapsed, he has number been served with any charge sheet.
But, as the news of his impending arrest was disclosed to Shri Bhindranwala, he with the assistance of the official machinery escaped the arrest.
Bhajan Lal in Hissar range even before the petitioner was transferred to Hissar range as D.I.G. When Ch.
Tirlochan Singh Financial Commissioner and Secretary to Govt.
Along with the reply affidavit the petitioner has annexed some companyies of statements recorded under Section 164 of the CrPC as well as his companyrespondences with his higher ups and companyies of the order of this Court in SLP C No.
Vide paragraph 13 A to F of the aforementioned Annexure B. In fact the petitioner himself has stated in one of his letters dated 13.8.1991 enclosed with the Writ Petition addressed to the Director General of Police, Haryana admitting his strained relationship as follows I have strained relations with the present Chief Minister as Shri J.P. Atray in September, 1981 for reasons best known to him had misrepresented certain facts in Chandokalan Gurnam Singh Commission episode.
His headquarters during the period of suspension will be at Ambala.
In yet another letter dated 9.1.1992 addressed to the DGP, he, after stating that more than 6 months period has elapsed since his suspension, has requested the DGP that his representation be sent to the Government of India for revocation of the suspension order.
I feel that it is desired that I should number be in a position to agitate in the Administrative Tribunal for redressal and justiceI suppose on fancy as well as caprice, on 20.8.1991 your suspension order is likely to become invalid and faulty as numbercharge sheet can possibly be served on these grounds without investigation.
The material facts which have led to the filing of the above CMP and IAs referred to in the prefatory numbere are given separately in the companytemporaneous proceeding relating to the Contempt Petition No.
In one of the letters dated 19.7.1991 addressed to the Home Secretary, Haryana by Shri Khan the following averments are made Within 24 hours of his taking over as Chief Minister, I was transferred and till 5th July I was number given any posting orders.
Hence Ch.
Bhajan Lal.
The writ petitioner has given various instances in Annexure B to this Writ Petition which according to him, have provoked Ch.
To the reply affidavit, a rejoinder affidavit is filed by respondents 1 and 2 sworn by the Under Secretary to the Government of Haryana on 7.2.1992.
Bhajan Lal who was then the Union Minister for Environment and Forests, Government of India, at the time of the registration of the case and who is number the Chief Minister of Haryana State and others on the companyplaint of one Dharam Pal under Sections 161 and 165 of the Indian Penal Code and Section 5 2 of the Prevention of Corruption Act of 1947 was under the direct charge and supervision of the writ petitioner Shri Khan, Ch.
Haryana, Home Department.
Before the Enquiry Commission, the petitioner placed materials relating to incontrovertible proof of companyruption of Ch.
In spite of this incident, a one man companymission of inquiry headed by Justice Gurnam Singh was appointed to inquire into the allegations involving the petitioner and his staff at Chandigarh.
Bhajan Lal.
372/87 dated 21.11.87 against Ch.
5412 of 1990.
Bhajan Lal.
Ratnavel Pandian, J. This Writ Petition under Article 32 of the Constitution of India is filed by the petitioner, Shri S.A. Khan, IPS Deputy Inspector General of Police, Haryana, number under suspension seeking the following reliefs It is, therefore, prayed that this Honble Court be pleased to hear this petition alongwith the Contempt Petition aforesaid and grant the petitioner following reliefs a a writ, order or direction setting aside the illegal order of suspension dated 5.7.1991 Annexure A passed against the petitioner and declaring it to be void ab initio An Interim order suspending the operation of the impugned order of suspension during the pendency of the hearing of the said Contempt petition and also this writ petition Issue any other writ, direction or order Award the companyt of the petition.
2025/91.
| 0 | train | 1992_575.txt |
JJJJJJJJJJJJJJJJJJJJJJJ Respondent admittedly imported a companysignment of Green Beans Pulses weighing 505 505 M.T. vide Invoice No.14/099 dated 31.12.1986.
A Division Bench of the High Court of Bombay accepting the said companytention on the basis of Full Bench decision of the said Court in the case of Apar P Ltd. Vs.
They have filed bill of entry for the same on 05.2.1987.
535 of 1987 in the High Court of Bombay companytending inter alia that the said numberification was number duly published and that it was number in force on the date.
Shah, J. LITTTTTTTJ Two Judges Bench of this Court by order dated 15th October, 1999 has referred this matter to a larger Bench by JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ observing thus JJJJJJJJJJJJJJJJ It appears that there is a companyflict in the ratio of the decisions of this Court in M s Pankaj Jain Agencies vs. Union of India and others 1994 5 SCC 198, Collector of Central Excise vs. New Tobacco Co. and others 1998 8 SCC 250 and I.T.C. Limited vs. Collector of Central Excise, Bombay 1996 5 SCC 538 is also relevant.
Hence the present appeal by the State.
Union of India and others, 1985 22 ELT 644 allowed the writ petition.
As the duty was levied 25, importer filed Writ Petition No.
However, it was pointed out that on 04.2.1987 the said numberification was amended vide Notification No.40/87 Cus, whereby basic duty 25 was levied.
The importer claimed clearance of the said goods free of duty on the basis of Exemption Notification No.129/76 Cus dated 02.8.1976.
| 1 | train | 2000_121.txt |
30,500/ after taking credit for Rs.
In the petition the claim was for a round sum of Rs.
66,000/ Rupees sixty six thousand made up of various items.
The learned Judges of the High Court affirmed the finding that the driver was rash and negligent in driving the bus and rash and negligent driving Of the bus was the proximate cause of the accident in which late Muthukrishnan suffered the injury as a result of which he died.
The Motor Accident Claims Tribunal held that accident was attributable to the rash and negligent driving of the bus by its driver and the respondents are liable to pay companypensation.
The widow of Muthukrishnan and her sons and daughters, appellants in this appeal moved a petition to recover companypensation for the loss suffered by them.
5000/ awarded by the Tribunal.
The Tribunal companyputed the companypensation at Rs.
30.500/ .
Injured was admitted in the hospital and he died 19 days after the accident.
The award thus directed the respondents to pay Rs.
40,500/ and made an award directing the respondents to pay the balance of the amount of Rs.
1978 for serving summons and was passing by Madurai Melur Road near the Court house, one R. Chandrasekaran, the driver driving a passenger bus No.
Pandian Roadways Corporation, the owner of the bus involved in the accident filed an appeal being appeal against Order No.
384 of 1980 in the High Court of Judicature at Madras.
10,000/ which the dependents of the deceased had received under the Family Benefit Scheme.
TMN 5130 belonging to Pandian Roadways Corporation, Madurai a public sector companyporation rashly and negligently, dashed against Muthukrishnan and injured him.
While he, was proceeding on his way on November15.
A. Desai, J. Special leave granted.
This appeal came up for hearing before a Division Bench of the High Court.
One Muthukrishnan was working as a process server in the District Court at Madurai in Tamil Nadu State.
| 1 | train | 1984_237.txt |
13419/ 1991, two workmen preferred the writ petition challenging the said Award which was allowed by the High Court holding the retrenchment to be bad for the same reasons as stated in Writ Petition No.
10 workmen preferred a special leave petition before this Court and this Court set aside the order made by the High Court and remitted the matter for fresh companysideration in accordance with law.
28 workmen preferred three sets of petitions before the High Court and those proceedings ultimately ended up in a companypromise between the parties in Letters Patent Appeal before the High Court.
108 workmen challenged the same by raising an industrial dispute which was referred for adjudication to labour companyrt.
Another set of 9 workmen preferred Writ Petition No.
Against that order special leave petition was preferred before this Court and that special leave petition also stood dismissed.
Against that order a special leave petition was preferred before this Court on 26.2.1991 which was disposed of by an order dated 2.1.1996.
Leave was granted and that order made by the High Court stood stayed.
12 workmen preferred Writ Petition No.
Against this order special leave petition has been preferred by the companypany.
Thereafter, the matter was carried to this Court in which leave was granted and order made by the High Court stood stayed.
219 workmen were retrenched by the appellant companypany.
8866/1991 filed by a batch of six workmen on 18.7.1991 came to be dismissed on the ground of laches.
By a companymon Award made on 3.8.1987 the labour companyrt rejected the reference.
The High Court dismissed the same on the ground of laches.
Two workmen preferred Writ Petition No.
2739/1991 on 25.2.1991 which also stood dismissed on the ground of laches.
12482/1992 on 3.12.1992 challenging the said Award which again was dismissed and that matter was number carried on any further and became final.
On 8.8.1991 in Writ Petition No.
Another Writ Petition No.
4047/ 1990 and Writ Petition No.
4047/ 1990.
4047/1990 on 18.3.1990.
13419/1991.
| 0 | train | 2000_1553.txt |
But the appellants filed a writ petition challenging the legality of the order of the respon dent No.
5, Enjay Estates Pvt.
By another resolution dated 14.3.1974, the first resolution was modified limiting the reservation for the park to 7,000 sq.
On July 30, 1984 when the appeals were taken up for hearing, a prayer was made by the learned Counsel for the petitioners for an adjournment for two weeks on the ground that Shri Bhore, the Advocate on Record, had met with an accident and the learned Counsel was unable to proceed with the appeals without the Advocate on Record.
The land in question had been purchased by the respondent No.
The Municipal Commissioner, Municipal Corporation of Greater Bombay, Bombay, shall take over the possession of the land proposed to be kept as Green on southern side, abutting the sea after getting the plots properly demarcated.
173776 of 1985 and Special Leave Petition Civil No.
The Municipal Corporation passed a resolution on 3.12.1973, inter Ala, extending the park reservation by including the remaining area of the land companyprised in R.S. No.
Ltd., from its erstwhile owner, Byramji Jeejeebhoy Pvt.
17376 of 1985 arises out of Misc.
17377 of 1985.
They have, however, filed before this Court the above two Special Leave Petitions.
Ltd. In the 1966 sanctioned Development Plan of Greater Bombay, the said land was shown in the residential zone and a companytiguous parcel of land measuring 18,000 sq.
Special Leave Petition Civil No.
Petition No.
From the Judgment and Order dated 27.4.1984 of the Bombay High Court in O.S.W.P. No.
Two appeals were preferred by the petitioners against the judgment of the learned Single Judge to the Division Bench.
463 of 1974 challenging the legality and validity of the resolution dated 14.3.1974 and Misc.
was shown as a green belt.
Both the Misc.
1406 of 1978 challenging the order of the Government of Maharashtra dated 25.7.1978 exempting the disputed land under section 20 of the Urban Land Ceiling and Regulation Act, 1976, hereinafter referred to as the Urban Land Ceiling Act.
The appellants, who are rate payers of the Municipal Corporation of Greater Bombay and claim to be members of various ecological action groups, appeared in the appeal and opposed the same companytending, inter alia, that the whole of the said land should be kept reserved for a green belt or recreational ground in the interest of the general public.
With a view to developing the disputed land, the respondent No.
5 for the companystruction of a hotel on the said land.
Petition No.
5 submitted a plan to the Municipal Corporation of Greater Bombay for the companystruction of a five star hotel.
5 pref erred an appeal to the Government of Maharashtra under section 47 of the Maharashtra Regional and Town Planning Act, 1966, hereinafter referred to as the Act.
K. Dholakia, Ashok H. Desai, A.M. Khanwilkar, S.Bhasme, D.N. Mishra, S. Sukumaran, G.E. Vahanvati, V.B. Agarwala, B.B. Agarwala, R.B. Hathi Khanawala for the Respondents.
The Commissioner of the Municipal Corporation, however, rejected the plan on the sole ground that it was proposed to earmark the said land under reference as a recreational ground with suitable internal network of roads during the revision of the development plan which was in the offing.
The petitioners have number challenged the judgment on review applications.
The permission for development of plots as per plans submitted by appellants be granted by the M.C.B. C. subject to the companyditions mentioned above.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The Development shall be allowed IOD and C.C. shall be issued as per the Development Control Rules.
Being aggrieved by the said rejection of the plan, the respondent No.
Vinod A. Bobde, Mrs. J. Wad and Mrs. Aruna Mathur for the Intervener.
5, on the following companyditions 15 Recreation space to be left in Block A shall be kept on the southern side of the plot abutting the green space left from Block B after merging the Road area in the Green space.
2 set aside the order of the Commissioner of the Municipal Corporation rejecting the plan submitted by the respondent No.
The Municipal Corporation accepted the appellate order and did number challenge the order of the respondent No.
The appeal was heard by the Minister of State for Urban Development, the respondent No.
5 after hearing the petitioners as also the Municipal Commissioner and directed sanctioning of the plan on certain companyditions which will be referred to later in this judgment.
The petitioners have number challenged the judgment of the High Court passed on the review applications.
The petitioners, who are the appellants in the above appeal, filed two Misc.
out of the disputed land.
Petitions were dismissed by a learned Single Judge of the Bombay High Court.
The respondent No.
5 who proposed to companystruct a five star hotel on a tract of land measuring 44,820.49 square yards at Bandra, Bombay, bearing R.S. Nos.
416 Part and 417.
The writ petition was, however, dismissed by the Division Bench of the High Court by the judgment under appeal.
The Judgment of the Court was delivered by DUTT, J. The subject matter of this appeal by special leave is the permission for development of the land granted in favour of respondent No.
A few facts may be stated.
Petitions, namely, Misc.
The Municipal Commissioner, M.C., G.E., Bombay, may companysider the proposal of allowing the development and maintenance of the park and garden space by the applicant party at their own companyt after obtaining the possession of the lands number proposed to be kept green.
G. Kalsekar, K.M.M. Khan, N. Nettar and S.N. Bhat for the Appellants.
The learned Judges of the Division Bench did number accede to the prayer of the learned Counsel for an adjournment for two weeks on the ground that the appeals were old appeals of 1979, and that the learned Counsel who prayed for adjournment himself appeared throughout the proceedings as an Advocate.
2 herein.
2537 of 1985 etc.
The learned Judges, however, adjourned the appeals to the next day, that is, July 31, 1984 to enable the learned Counsel to be ready with the matter.
704 of 1984.
463 of 1974 whereby the petitioners challenged the legality and validity of the said resolution dated 14.3.1974.
Petition No.
Both the said applications for review were dismissed by the Division Bench after companysidering all the points including certain additional grounds to the effect that certain companytentions had number been dealt with earlier by the judgment dated October 9/10, 1985.
2 granting sanction of the plan submitted by the respondent No.
The F.S.I. of the road area would be admissible on plot A as per Development Control Rule 10 2 .
| 0 | train | 1988_70.txt |
1536 of 2001 against that part of the award which allowed the claim petition in part and awarded Rs.2,19,000/ companytending that it was on the higher side and hence be reduced.
Learned companynsel for the appellant claimant while assailing the legality and companyrectness of the impugned order companytended that the High Court erred in allowing the appeal filed by the respondent Corporation thereby erred in reducing the companypensation awarded to the appellant by the MACT and further erred in dismissing the appellants appeal.
to the respondent Corporation and in companysequence dismissed the appeal filed by the appellant herein for seeking enhancement of the companypensation awarded by the MACT.
He sustained a serious head injury as a result of which he lost his memory.
His earning was Rs.1400/ p.m. Due to the accident and resultant injuries sustained, the appellant unfortunately lost his job also.
Dissatisfied with the companypensation awarded by the MACT, the appellant filed an appeal being F.A. No.
He underwent medical treatment in hospital for a long time.
As a companysequence, the appeal filed by the appellant herein for enhancement for companypensation, was dismissed.
1536 of 2001 and First Appeal No.
By award dated 30.05.2000, the MACT partly allowed the appellants claim petition and held that accident in question was caused due to negligence of respondent No.1 therein respondent No.2 herein that the appellant had suffered 50 disability in his body due to injuries sustained and accordingly awarded to him a total sum of Rs.2,19,000/ as companypensation which included expenses in receiving treatment and companypensation for injuries sustained.
Heard Mr. Nikhil Goel, learned companynsel for the appellant and Mr. R.P. Bhatt, learned senior companynsel for respondent 1 Corporation .
1071 of 1987.
GRU 8749 belonging to Gujarat State Road Transport Corporation in short Corporation came from Lunawada side and hit the appellant as a result of which he fell down and sustained serious injuries.
By the companymon impugned judgment, the High Court partly allowed the appeal filed by respondent Corporation and held that the claimant is entitled to Rs.1,15,200/ towards future loss of income instead of Rs.1,80,000/ awarded by the MACT and directed the claimant to refund the excess amount of Rs.64,800/ with interest at the rate of 12 p.a.
4 lakhs under various heads.
1819 of 2001 which arise out of the award dated 30.05.2000 passed by the Motor Accident Claims Tribunal MACT , Panchmhals at Godhra in Motor Accident Claim Petition No.
The appellant then filed a claim petition being Motor Accident Claim Petition No.
Learned companynsel pointed out that the appellant had proved the nature of injuries so also the resultant disabilities caused to him due to sustaining of such injuries by examining Dr. Usha Goswami and also from his own evidence which remained rebutted for want of any evidence adduced by the respondents and hence taking into account the appellants monthly salary, age 35 years, percentage of permanent disability duly proved 50 assessed by the MACT and 30 assessed by the High Court , expenses incurred in receiving long medical treatment in several hospitals proved by documents Ex P 1 to Ex P 58 , future loss of income and lastly companypensation payable under the head of pain and suffering, a sum of Rs.4,00,000/ claimed by the appellant was just and reasonable companypensation and hence it should have been awarded by the MACT or in any event by the High Court by modifying the award of the MACT in appellants favour.
Learned companynsel companytended that since the MACT failed to award Rs.4,00,000/ , the High Court should have companyrected the said error by enhancing the companypensation amount to Rs.4,00,000/ by allowing the appellants appeal and in companysequence dismissing the respondents appeal.
In order to appreciate the issue involved in these appeals, few relevant facts need mention infra, On 13.09.1987, when the appellantclaimant was going on his bicycle from Godhra to Popatpura, at that time, respondent No.2, who was driving T. Bus No.
Abhay Manohar Sapre, J. Delay companydoned.
1819 of 2001 for enhancement of claim awarded by the MACT whereas the Corporation respondent No.1 herein filed A. No.
Leave granted.
These appeals are directed against the companymon final judgment and order dated 14.03.2012 passed by the High Court of Gujarat at Ahmedabad in First Appeal No.
1071 of 1987 before the Motor Accident Claims Tribunal, Panchmahals at Godhra under Section 166 of the Motor Vehicle Act, 1988 In short, the Act for award of companypensation and claimed a sum of Rs.
Now, he is neither able to speak and number able to move properly.
By impugned judgment, the High Court partly allowed the appeal filed by the respondent Corporation and reduced the companypensation awarded to the appellantclaimant herein by the MACT and in companysequence directed him to refund the excess awarded amount with interest at the rate of 12 p.a.
At the time of accident, he was aged about 35 years and was working as a Constable in SRP.
The appellant was taken to the hospital at Godhra but later on transferred to Baroda Hospital and from there to Civil Hospital at Ahmedabad for further treatment.
However, the disability certificate was number produced by the claimant before the Tribunal.
It was his submission that having regard to the nature of the injuries sustained by the appellant in the accident and the percentage of permanent disabilities caused to the appellant due to the injuries on his body such as loss of speech and memory, his inability to move freely and lastly loss of permanent job of Constable on account of these disabilities, the MACT should have awarded Rs.4,00,000/ as claimed by the appellant in his claim petition rather than awarding Rs.2,19,000/ including expenses incurred on treatment.
to the respondentCorporation.
Having heard the learned companynsel for the parties and on perusal of the record of the case, we find force in the submissions of the appellant.
Aggrieved by the judgment passed by the High Court, the appellant claimant has filed these appeals by way of special leave.
| 1 | train | 2015_418.txt |
The appellant opposed the writ application by companytending that he possesses the requisite qualifications and, inter alia, averred in the return made to rule that the petitioners before the High Court were his students and on account of ill motive, they had filed the application challenging the appointment of the appellant as Director.
From the Judgment and order dated 3.6.1983 of the High Court of Pun jab and Haryana in Writ Petition No.
The first one is against the decision of the High Court in a writ application for quo warranto filed by respondents 2 to 4 while the second one is against the dismissal of a writ petition filed by the appellant before the High Court challenging his reversion.
The short facts are that the appellant was appointed as a Professor of Ayurvedic Medicines under the Punjab Government.
2, 3 and 4, once upon a time students of the appellant came before the High Court asking for a writ of quo warranto challenging the appellants appointment as Director on promotion on the plea that he did number possess the qualification prescribed by the Punjab Ayurvedic Department Class I and Class Il Rules, 1963.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
8623 24 of 1983.
Later, he was appointed as Deputy Director from which post he was further promoted as Director.
The writ petition was filed soon after the appellant was promoted to the post of Director, and during the pendency of the writ petition the order of reversion as referred to above had been passed.
By order dated 21.1 .1981 he was reverted to the post of Deputy Director.
On 3 1st October, 1987, the appellant has superannuated.
K. Bagga, C.M. Nayar, Mrs. Manik Karanjawala, R. Karanjawala and Mrs. Meenakshi Arora for the Respondents.
P. Rao and P.D. Sharma for the Appellant.
The respondent Nos.
The Judgment of the Court was delivered by RANGANATH MISRA, J. These appeals are by special leave and are directed against two separate judgments of the Punjab and Haryana High Court.
1794 of 1980.
| 1 | train | 1987_459.txt |
on the other hand the testimony of pw 8 who had examined the vehicle one day after the accident was quite convincing and it companyld reasonably lead to the companyclusion that the tie rod of the vehicle had been tampered with an untied sometime after the accident.
his opinion was number based on an examination of the vehicle and was rightly rejected by the high companyrt.
he examined the bus at the site on the 22nd january.
the bus it was pleaded was number in proper order it was overloaded with passengers and goods and despite these facts defendant 3 drove it at a very high speed while it was negotiating a turn.
the bus overturned and the death of the said wazir chand singh was in numbercase the result of overturning of the bus.
civil appellate jurisdiction civil appeal number 971 of 1968 from the judgment and decree dated the 10 5 1965 of the punjab high companyrt at chandigarh in r.f.a.
5 6 and 8 who were c found by it to be entirely trustworthy.
the widow the sons the daughters the grandsons and grand daughters of the deceased instituted a suit in the court of the subordinate judge 1st class rohtak for the recovery of rs.
this finding of negligence recorded by the high companyrt is based on facts appearing in the evidence of pws.
secondly the story of this pit and the breaking of the tie rod was number even faintly adumbrated in the written statement.
m. tarkunde j. p. agarwal and miss manik tarkunde for respondents 1 6.
2000 only plus proportionate companyts.
the companypany was impleaded as defendant number 1 the insurance companypany was joined as defendant number 2 and the driver of the bus as defendant 3.
the high companyrt further reinforced its finding with an adverse inference against the defendants drawn from the fact that the driver defendant 3 who knew best the relevant facts did number appear in the witness stand to explain the circumstances in which the accident occurred.
k. mehta k. r. nagaraja and p. n. puri for the appellant.
it is further companymon ground that the bus while negotiating a turn had overturned causing fatal injuries to the deceased and that at the relevant time it was being driven by harbans singh defendant an employee of the appellant companypany.
the pit was according to gordhan dw 2 hardly four feet in 1 3 l390sci/76 length and 6 inches deep.
in the result it awarded a decree for rh.
ii it was drizzling the road was wet and slippery vide p.s s and 6 iii the tie rod of the bus was number found broken but only opened dismantled when it was examined by the expert motor mechanic pw 8 on the day following the accident.
the bus was negotiating a turn.
the hand brake and the foot brakes were also found in a bad companydition iv at the time of the accident the bus was negotiating a turn and passing through the habitation of village cherry v immediately before the accident the bus was making a zigzag movement and was being driven at fast speed despite the protests and shouts of the passengers asking the driver to slow down vi the speed of the bus at the material time according to pw 6 was about 30 miles per hour vii the bus overturned as a result of which lala warier suing died at the spot and other passengers including pw s received serious injuries.
it was number in the mettled part of the road but in the kacha berm.
the defendants led oral evidence to prove that near the place of the accident there was a pit in the road and when the bus was negotiating a turn its front wheel fell in that pit and as a result of this fall the tie rod end of the steering wheel broke loose and the bus went out of companytrol.
in the first place dws 2 and 3 who were examined to substantiate this story did number say that the wheel of the bus had fallen in that pit.
21600.
aggrieved the plaintiffs preferred an appeal to the high companyrt.
50000 as damages for the loss caused to them on account of his death.
it was alleged that the accident causing the death of lala wazir singh occurred on account of the negligence of defendants 1 and 3.
number181 of 1957.
there the road runs through the habitation of a village.
raghbir singh pw 8 was a motor mechanic.
21600 as damages against defendants 1 and 3 proportionate companyts limiting the liability of the insurance companypany defendant number 2 to rs.
when at about 3 p.m. this bus was negotiating a turn in village kheri sadh a few miles from rohtak it over turned causing the death of lala wazir singh at the spot and in injuries to several other passengers.
hence this appeal.
on the way the vehicle went out of order.
there was rain on that day and the front was slippery.
it was subsequently developed as an after thought.
this bus was being driven by harbans singh defendant 3 respondent 8 herein who was an employee of the company acting under its directions and instructions.
even if it is assumed for the sake of argument that one wheel of the bus had fallen into the pit and the resultant shock broke the tie rod causing the vehicle to go out of control then also that would number when viewed in the light of the other circumstances of the case negative the inference of negligence on the part of defendants 1 and 3.
the division bench who heard the appeal has after appraising the evidence on record reversed the findings of the trial companyrt and held that the accident was due to negligence attributable to defendant 3 or both defendants 1 and 3.
lala wazir singh and some other passengers were then transferred to anumberher bus number dlb 5749 belonging to the same companypany.
it arises out of these facts on january 21 1955 lala wazir singh deceased a retired divisional engineer railways was traveling from delhi to hissar by a bus belonging to the krishna bus service limited hereinafter referred to as the companypany .
the judgment of the companyrt was delivered by sarkiria j. this appeal on certificate is directed against a judgment of the high companyrt of punjab and haryana awarding to the plaintiff respondents a decree for rs.
| 0 | test | 1976_15.txt |
The charges were read over and explained to them.
In the further statements the case of the appellants was that they had number companymitted the offences alleged but were falsely implicated in the case, because of enmity between the parties relating to the land.
The evidence of Dr. Hari Mohan Meena further shows that on August 29, 1995 he had examined first informant Babu Lal at about 10.00 P.M. and found that he had sustained six injuries.
At the time when the information was companyveyed Kanhaiya Lal father of the appellant No.
The appellant No.
The facts emerging from the record of the case are as under There is a piece of land admeasuring about five Bighas situated in village Golara, Distt.
However, it was also numbericed that he had number received any grievous injury.
Because of the injuries sustained by him, Sukh Lal died on the spot and as it was late in the night, the body was kept in the house itself.
The very examination of the injuries sustained by the injured witnesses almost after 24 hours would number indicate in any manner as suggested by the defence that as a matter of fact the occurrence had taken place somewhere between 8.00 and 9.00 A.M. in the morning of August 29, 1995.
Feeling aggrieved, the appellants and Lata preferred D.B. Criminal Appeal No.
Sawai Madhopur number Distt.
9 of 1996 companyvicting the five appellants under Sections 302 r w 149, 325 r w 149, 323 r w 149 as well as companyvicting the appellant Nos.
This Court had also companysidered the testimony tendered by the witnesses as well as documents produced on the record of the case.
On the said day sports such as long jump etc.
On the same day at about 1.00 in the after numbern, the Members of the Board had examined Har Mukh who was found to have sustained five injuries caused by blunt weapon and were of the duration of three to four days.
On the way near the field of one Kanhayia Gujar, the first informant was belaboured by Brahmanand by giving a lathi blow on his left shoulder.
When the appellants and others turned towards the father of the first informant, he pleaded with the appellants to spare him and his relatives but of numberavail and he was also assaulted and injured.
Mangati Ram examined as prosecution witness No.
The appellants and others did number plead guilty to the charges.
The first informant and his relatives were saved by Bharosi, Bhairu Gujjar, Ummed, Radhey Shyam and others of village Golara.
It was further held that the appellants and another had assaulted Harmukh, Babu Lal, Raj Bai, Birma Bai and caused grievous as well as simple injuries on them in furtherance of their companymon intention.
Thus, the testimony of Dr. Hari Mohan Meena stands amply companyroborated by the testimony of Dr. Nand Lal Sharma regarding injuries sustained by the deceased and the injured witnesses.
As Kanta, Vishnu etc.
The injuries stated by the Medical Officer have also been mentioned in the companytemporaneous record namely post mortem numberes produced at exhibit P It is numberodys case that deceased Sukh Lal died either because of self inflicted injuries or because of accidental injuries or he died a natural death.
The testimony of Dr. Nandlal Sharma P.W. 18, shows that on the request of Deputy Superintendent of Police, a Medical Board was companystituted by Chief Medical and Health Officer, Karauli.
On the date of incident itself, the first informant had got scribed companyplaint against the appellants and others and date mentioned in the companyplaint was August 28, 1995.
This Court has heard the Learned Counsel for the parties at length and in great detail.
Thus the testimony of first informant Babu Lal and that of witness Prahlad gets companyplete companyroboration from the testimony of Constable Mangati Ram, examined as prosecution witness No.22.
On the same day the Members of the Board had also examined the first informant Babu Lal and found that he had sustained five injuries on his person.
Necessary charges were framed against the appellants and others.
During the companyrse of investigation, the Investigating Officer recorded statements of those persons who were found to be companyversant with the facts of the case.
On companypletion of investigation, the appellants and others were charge sheeted in the Court of Learned Judicial Magistrate First Class for the companymission of offences punishable Sections 147, 148, 302, 307, 326, 325, 323, 341 r w 149 IPC and Section 3 1 of Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act 1985.
His evidence further indicates that he was heading the Board so companystituted whereas Dr. Makkhan Lal Kawat and Dr. Hukam Chand Gard were its other members.
Sukh Lal was overtaken and assaulted by Bhanwar Lal the appellant number 5 herein, Bhagwan Lal, Din Dayal, Brahmanand who is appellant number 3 herein, Vishnu who is appellant number 1 herein, Mahesh who is appellant number 2 herein and Kanta Prasad who is appellant number 4 herein.
Karauli in Rajasthan.
The evidence of the said Medical Officer would disclose that he had also examined Smt.
Accordingly, the date mentioned in the companyplaint was changed by the first informant from August 28, 1995 to August 29, 1995.
His evidence establishes that The Members of the Board had examined injured and Smt.
The fact that deceased Sukh Lal died a homicidal death is number disputed by the appellants before this Court at all.
On appreciation of evidence adduced by the parties, the Learned Sessions Judge companycluded that it was proved by the prosecution beyond pale of doubt that deceased Sukh Lal died a homicidal death.
22 has stated that on August 29, 1995 he was serving as Constable at Masalpur Police Station and that four persons had companye to the Police Station and told S.H.O. that one person had been killed and others were injured in village Golara.
As the offences punishable under Sections 302 and 307 are exclusively triable by a Court of Sessions and as offence punishable under Section 3 1 Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act 1985 is triable by Special Judge, the case was companymitted to the Court of Learned Sessions Judge, Karauli for trial.
All the appellants had mounted attack on Sukh Lal with an intention to kill him.
However, with a view to saving Ram Khiladi, the first informant and his other relatives including his father Harmukh, his mother Sua Bai, his wife Birma Bai, his brother Sukh Lal and Raj Bai wife of Sukh Lal came to the rescue of Ram Khiladi.
During the cross examination of Dr. Sharma it was brought by the defence on the record of the case that the injuries sustained by first informant Babu Lal companyld have been received by him on August 28, 1995.
In his substantive evidence before the Court, the Medical Officer has enumerated the injuries numbericed by him on the dead body of the deceased while performing post mortem.
Certain incriminating articles were seized from the place of incident which were sent for analysis.
When a person receives injuries in the companyrse of occurrence, there can be hardly any doubt regarding his presence at the spot.
It was numbericed by the first informant that his brother Sukh Lal and his wife were running towards the house to save themselves, but they were being chased by the appellants and others.
The dead body of Sukh Lal was sent for autopsy on August 29, 1995.
Though the evidence of companyplainant Babu Lal shows that his brother Ram Khiladi who had managed to escape from the village had reached house of his uncle and scribed one FIR, the record does number indicate that any endeavour whatsoever was made by Ram Khiladi to lodge the same with the Police Station.
Thereafter the appellants chased Raj Bai.
On seeing these people companying towards the field, Ram Khiladi started running away.
In fact, there was numbertractor deployed on the land at all.
The appellants had left the mother of the first informant who had become unconscious, thinking that she was dead.
Noticing that the first informant was surrounded by the appellants and others, his wife Birma Bai came to his rescue and fell upon him.
The Learned Judge thereafter numbericed the testimony tendered by the injured eye witnesses and held that the appellants with others had formed an unlawful assembly, companymon intention of which was to companymit murder of Sukh Lal and to cause injuries to Babu Lal i.e. first informant, his father Harmukh, Raj Bai, Birma Bai and in furtherance of the said companymon intention had armed themselves with deadly weapons like axes etc.
Birma Bai at 12.10 P.M. and injured Sua Bai at 12.30 P.M. On the same day, X ray of Sua Bai was also taken but it was found that she had number sustained any grievous injury.
Her X ray was also taken but the same did number indicate that she had sustained grievous injury.
On behalf of the appellants, witness Horilal was examined as D.W. No.
On the facts and in the circumstances of the case, this Court is of the view that the Sessions Court and High Court were justified in companycluding that it was proved by the prosecution beyond reasonable doubt that deceased Sukh Lal died a homicidal death.
In the morning of August 29, 1995 the first informant went to the Police Station and handed over his written FIR which was prepared on previous night.
The Government allotted the said land to the father and brother of the first informant Babu Lal but the appellants and others who are Brahmins by caste were number permitting them to cultivate the same, as a result of which disputes relating to the said land were going on between Brahmins and Jatavas of village Golara.
359 of 1998 before High Court of Judicature of Rajasthan at Jaipur Bench, Jaipur.
were also being played near the House of Babu Maharaj Devta and Babulal and others were watching the game of long jump.
As the companyplaint was presented before the police on August 29, 1995, the first informant was asked to change the date of the companyplaint to August 29, 1995.
The wife of the first informant was also number spared and beaten by sticks.
The evidence of Dr. Sharma further shows that on the same day, Raj Bai was examined at 11.00 A.M. by the Members of the Board and she was found to have sustained six injuries which were caused by blunt weapons and were caused within the duration of three to four days.
On the basis of the companyplaint lodged by Babu Lal, offences punishable under Sections 147, 148, 302, 307, 326, 325, 323, 341 r w 149 IPC and Section 3 1 of Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act 1985 were registered.
Therefore, several witnesses were examined by the prosecution and documents were also produced in support of its case against the appellants and others.
After recording of evidence of prosecution witnesses was over, the Learned Judge explained to the appellants and others, the circumstances appearing against them in the evidence of the prosecution witnesses and recorded their further statements as required by Section 313 of the Code of Criminal Procedure 1973.
Sua Bai who was mother of the first informant was also assaulted by means of lathis as a result of which she sustained injuries.
Sua Bai and found that she had sustained two injuries whereas medical examination of Birma Bai revealed that she had sustained four injuries.
Witness Prahlad examined as PW 13 fully supports the claim of the first informant Babu Lal.
The first informant fell down on the ground on receipt of injuries but the appellants and others did number spare him and companytinued to beat him with sticks and fists blows when he was lying on the ground.
It is wholly irrelevant whether the FIR got prepared by first informant Babu Lal was lodged at the Police Station when Babu Lal is stated to have gone there or the report already written on August 28, 1995 was handed over to the Police on its arrival at the place of incident.
In the present case, the reliable evidence of first informant Babu Lal makes it more than clear that the incident in question had taken place on August 28, 1995.
5 on learning about the information companyveyed by Lata loudly shouted that where all their people had gone.
The companytention that several companyplaints were given which were companyflicting with each other regarding time and place of occurrence and as the prosecution story was manipulated the appellants should be acquitted has numbersubstance.
The evidence of the Medical Officer also shows that he had examined Raj Bai and found four injuries on her person.
The appellant No.
were menacingly proceeding towards the land in dispute, the first informant got scared and started running towards his house to inform other members of his family because his brother Ram Khiladi with another relative Devi Charan was cultivating the field.
4 herein i.e. Kanta Prasad pleaded alibi and claimed that on the date of the incident, he was in companylege at Karauli.
On examination of his X ray, it was found that 7th to 10th ribs on the right side of his body were fractured.
3 herein i.e. Brahma Nand also pleaded alibi by stating that on the date of incident, he was on his duty, whereas accused Kanhaiya Lal stated that he was unable to move and did number participate in the incident.
Those five injured persons are closely related to the deceased.
Brahmanand, Kanta etc.
5 as well as, the appellants and others were present near the house of Babu Maharaj Devta.
She was also overtaken and injured by means of lathi blows.
Bhanwar Lal, Vishnu, Kanta and Mahesh also assaulted him by means of lathi, on different parts of his person.
Babulal who was the first informant had gone to place of one Babu Maharaj Devta for performing religious ceremonies along with his father Harmukh, Roshan S o. Cheta, Prahlad S o. Sualal and others.
The incident in question took place at about 7.00 P.M. on August 28, 1995.
What cannot be ignored by the Court is that this is a case wherein at least five persons were injured.
On hearing this exhortion, Babu Devta, Mahesh, Brahmanand, Kanta, Vishnu, Dindayal, Kailash, Bhagwan Lal, Bhanwar Lal and Lata all residents of village Golara along with Suresh, Rajendra and Guddu S o. Babulal who are residents of village Masalpur, armed with axes and lathis proceeded towards the land which was being cultivated by Ram Khiladi who is brother of the first informant.
and sticks.
The Learned Judge also companyvicted the appellant Vishnu and appellant Kanta under Section 148 and 147 IPC respectively.
This is how the companyplainant companyld be saved.
When the game was being played, one Kanhaiya Lal Sharma, resident of village Golara sent Lata daughter of Bhanwar Lal who is appellant number 5 herein, to inform Bhanwar Lal and his brothers that Jatavas were tilling the disputed land with a tractor.
The Division Bench of the High Court has dismissed the appeal filed by the appellants but allowed that of Lata Bai i.e. original accused No.6 by Judgment dated August 3, 2005 giving rise to the instant appeal.
M. Panchal, J. The instant appeal by Special Leave is directed against Judgment dated August 3, 2005 rendered by Division Bench of High Court of Judicature of Rajasthan at Jaipur Bench, Jaipur in D.B. Criminal Appeal No.
359 of 1998 by which Judgment dated April 17, 1998 passed by Learned Sessions Judge, Karauli, in Sessions Case No.
The autopsy on the dead body of the deceased was performed by Dr. Hari Mohan Meena who was examined as prosecution witness No.
The Medical Officer opined that the injuries companyld have been caused to the injured witnesses examined by the Board within three to four days.
He has further stated that written report about the incident in question was handed over to him for registration in the Police Station and that he had handed over the same to the Office In Charge of Masalpur Police Station for registration of the offences.
200 in default simple imprisonment for two months for offence under Section 325 r w 149, rigorous imprisonment for three months for the offence punishable under Section 323 r w 149 and rigorous imprisonment for six months for companymission of offence u s. 147 I.P.C. The appellant Vishnu and appellant Kanta were also sentenced to undergo Rigorous Imprisonment for one year for companymission of the offence punishable under Section 148.
1 and 4 under Section 147 and 148 IPC as well as sentences imposed therefore, are companyfirmed.
The testimony of said witness further shows that on the said information being companyveyed, he alongwith S.H.O. and three to four persons had reached the spot and had recorded certain proceedings.
The Learned Judge companycluded that it was proved beyond reasonable doubt that the appellants and others had assaulted Sukh Lal and companymitted his murder in furtherance of their companymon intention.
Further, injured witnesses would number spare the real assailants and falsely involve innocent persons.
The testimony of injured witnesses which has inspired companyfidence of Learned Sessions Judge who had advantage of observing the demeanor of the witnesses and accepted by the High Court on re appreciation of evidence, unerringly proves that the incident in question had taken place on August 28, 1995, wherein Sukh Lal lost his life and at least five of his close relatives were injured.
Kanhaiya Lal father of the appellant No.
On the same day he had also examined Har Mukh who is father of the informant at 7.30 P.M. and found that he had sustained five injuries out of which one was found to be grievous.
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Notice to this effect was served upon the defendant vide which a request was made to the defendant to handover the vacant possession of the leased out property to the plaintiff Board.
Defendant deposited rent for some period and after that he acted against the interests of the Board and started a false litigation.
The Wakf Tribunal by its order dated 08.05.2009 decreed the suit for possession as also for recovery of mesne profits.
The lessee deposited the rent for few years and thereafter initiated litigation against the interest of the Board which was decided in favour of the Board.
Thereafter, the suit has been filed.
In the above case, the Andhra Pradesh Wakf Tribunal has passed an order of eviction against the appellant.
Against the judgment of the Wakf Tribunal decreeing the suit, the defendant filed Civil Revision No.6157 of 2009, which has been allowed by the High companyrt by following order In view of the judgment delivered by the Apex Court in case Ramesh Gobindram dead through L.Rs.
The title of the appellant was denied in the written statement.
After cancellation of the lease, the possession of the defendant over the suit property became illegal.
Reason Brief facts giving rise to the above appeals which are necessary to be numbericed for deciding these appeals are Civil Appeal No.92 of 2019 Punjab Wakf Board vs. Sham Singh Harike The appellant, Pubjab Wakf Board, claimed to be owner of land measuring 269 kanals 7 marlas, companyprising in khewat No.462, khatauni Nos.589, 593, 599 and 596 in khasra Nos.103, 105, 102 min, 104, 106, of village Birmi, Tehsil and District Ludhiana.
Later, the appellant preferred a review petition which was also dismissed by the High Court on 4 2 2011.
The defendants case in the written statement was that the defendant always remained ready to pay the rent due to the plaintiff and is still ready to pay and tender the rent due to the plaintiff even in the Court but the plaintiff is number accepting the same intentionally just to seek possession of the tenanted premises in an illegal manner.
In the year 1970 property was verified as Wakf property without any numberice to the Central Government.
The legality of the orders is under challenge in this appeal.
The defendant had also filed suit for grant of injunction which was decreed by Civil Judge Junior Division , Ludhiana, the Court restrained the Board from dispossessing the respondent forcibly and illegally except in due companyrse of law.
Civil Revision was filed in the High Court challenging the decree of the Wakf Tribunal.
Decree sheet be drawn.
The suit filed by the appellant was number maintainable before the Civil Court, hence, application was filed by the respondent under Order VII Rule 10 and 11 CPC for rejecting the plaint.
Shri Upadhyay has heavily relied on Ramesh Gobindram case and he submits that in view of the judgment of Ramesh Gobindram, the suit filed by the appellant was number maintainable and the plaint has rightly been returned to be presented before the Civil Court.
It is against this order that the petitioner has preferred this special leave petition.
Following decree has been passed by the Tribunal Keeping in view the findings on the above issues, the suit of the plaintiff is decreed for possession of the suit land and the same is also decreed for permanent injunction restraining the defendant from changing the nature of the suit land with companyts of the suit.
The facts of the case have been numbericed in the following manner Petitioner herein filed a suit before the Wakf Tribunal, Ludhiana, inter alia praying for possession as also for mesne profits.
The appeal companyrt, therefore, returned the plaint for presentation to the Court of companypetent jurisdiction, namely, the Tribunal.
File be companysigned to the record room.
It was transferred to the Wakf Tribunal.
The trial companyrt decreed the suit against which appeal was filed before the Additional District Judge.
The appellant requested him to vacate the premises and when he did number do so, suit was filed in the Court of Civil Judge, Junior Division, Karnal.
The respondent appeared and raised various objections and one of the issues framed was that the suit is number maintainable in the present forum.
In the written statement filed by Sham Singh the title of the appellant to the suit property was questioned and challenged.
The appellant aggrieved by the said judgment dated 20.09.2010 has companye up in this appeal.
The defendant having failed to handover the possession, the appellant filed the suit for possession and the grant of permanent injunction.
The High Court relying on the judgment of Ramesh Gobindram dead through LRs.
The High Court held that since the appellant is a number muslim, the Wakf Tribunal has numberjurisdiction in the matter and it is only the Civil Court which had the jurisdiction in the present dispute.
The Court also granted permission to the appellant to take back the plaint for presenting before the appropriate companyrt.
The Wakf Tribunal by its order dated 17.04.2009 rejected the application of the respondent and held that after 01.01.1996 it is only the Wakf Tribunal which has jurisdiction to try the present suit.
After the companystitution of the Wakf Tribunal, the suit was transferred to the Wakf Tribunal and renumbered as RBT No.84/2006.
The Wakf Tribunal vide its judgment dated 03.06.2009 decreed the original suit.
By impugned order dated 16.12.2010, the Punjab Haryana High Court had set aside the order of the Wakf Tribunal on its finding that the Wakf Tribunal had numberjurisdiction to entertain a suit for ejectment.
It is submitted by the learned companynsel for the respondent that Sham Singh Harike and others have also filed a suit in the Court of Civil Judge, Senior Division against the Union of India and others including Punjab, Wakf Board seeking a declaration that suit land is number a Wakf property number Wakf Board has right and any interest number forcibly it can dispossess him.
In paragraph 13 following has been laid down The present suit was instituted in the year 2000 i.e. after the Wakf Act, 1995 came into force.
The respondent aggrieved by the order dated 17.04.2009 filed Civil Revision in the High Court.
The title of the appellant has been refuted by the respondent.
The suit was decreed.
The defendant had filed suit against the Wakf Board for permanent injunction which has been decreed by Civil Judge Junior Division , the appeal against which has also been dismissed.
The appellant had let out the above mentioned land to Sham Singh and his wife Kuldeep Kaur for cultivation of the land.
The appellant filed Civil Suit No.250 of 2001 in the Court of Civil Judge, Senior Division for the grant of permanent injunction restraining the respondents from raising any companystruction and changing the position from agricultural to residential of the property in any manner.
Following was numbericed in paragraph 3 of the judgment The respondents herein filed a civil revision petition as CRP No.
1362 of 2004 under Section 83 9 of the Wakf Act before the Kerala High Court.
After 1996 97 lease was number renewed and defendant having companymitted certain illegalities, the Wakf Board cancelled the lease on 05.12.1998.
Revision Petition filed before the Andhra Pradesh High Court was dismissed against which the appeal was filed.
Plaintiffs case in the suit was that the defendant, Taja Singh took suit property on yearly lease from Wakf Board till the year 1996 97 and paid lease money to the plaintiff Board.
The respondents filed written statement challenging the maintainability of the suit.
Civil Appeal No.93 of 2019 Punjab Wakf Board vs. Teja Singh The Punjab Wakf Board, the appellant claiming to be owner of the property measuring 29 Kanals 9 Marlas companyprised in Khewat No.224, khatauni No.277, Khasra Nos.55, 56, 57 filed Suit No.2 of 2007 in the Court of Wakf Tribunal, Ludhiana for possession of above numbered property and seeking relief for permanent injunction restraining the respondent from interfering and changing the nature of the property.
The respondent filed an application before the Tribunal for rejection of the plaint on the ground that the Tribunal has numberjurisdiction to entertain the suit and the Civil Court alone has jurisdiction to entertain the suit.
The defendant entered appearance and filed written statement.
The appellant had filed suit for injunction before the Court of Munsif.
The appellant aggrieved by the judgment of the High Court dated 23.02.2011 has companye up in this appeal.
The High Court vide its judgment dated 10 11 2010 set aside the judgment and decree passed by the Wakf Tribunal holding that a suit for injunction is number maintainable before a Wakf Tribunal placing reliance on the judgment of this Court in Ramesh Gobindram v. Sugra Humayun Mirza Wakf.
Now, we need to numberice the judgment of this Court in Ramesh Gobindram supra on which the High Court as well as learned companynsel for the respondent have placed heavy reliance.
The defendants in both the suits having been leased out the land which was Wakf property, the suit clearly lay before the Wakf Tribunal as per Section 83 of Wakf Act, 1995.
Shri S.B. Upadhyay, learned senior companynsel appearing for Teja Singh submits that a suit has been filed by the respondent being Suit No.265 of 1999 which has been decreed by the Civil Judge Junior Division restraining the defendants from dispossessing the plaintiff forcibly or illegally subject to payment of dues upto date against which appeal filed by the Punjab Wakf Board was also dismissed on 09.04.2005.
Against the order of rejecting application, civil revision was filed by the defendant in the High Court.
The High Court setting aside the judgment and decree of the Wakf Tribunal held that suit for injunction is number maintainable before the Wakf Tribunal placing reliance on the judgment of this Court in Ramesh Gobindram supra .
ASHOK BHUSHAN, J. These two appeals having been filed against two separate judgments of the Punjab and Haryana High Court allowing the Civil Revisions filed by the respondents have been heard together and are being Signature Not Verified Digitally signed by SANJAY KUMAR Date 2019.02.07 130209 IST decided by this companymon judgment.
Aggrieved by the same, the respondents preferred a writ petition before the High Court for quashing the said order.
Plaintiff had also stated that Teja Singh failed to get the lease renewed, and a suit against the Board was filed where Civil Judge Junior Division decreed the suit restraining the Board from evicting Teja Singh forcibly or illegally.
| 0 | train | 2019_851.txt |
Being dissatisfied with the reply submitted by the respondent, the Bank issued a charge sheet along with Statement of Allegations dated 15.12.2006 through the AGM Disciplinary Authority to hold a domestic enquiry against the respondent in terms of Regulation 6 of the Regulations 1976, levelling 7 charges which are extracted hereunder for easy reference i that the respondent granted indiscriminate excess drawings over the sanctioned Cash Credit Limits of various parties beyond his delegated power and without prior approval from Controlling Office ii that while granting unauthorized excess drawings, the respondent companycealed the said fact from the companytrolling office iii that the respondent failed to induce the parties to observe credit discipline and indulged in granting them unauthorized accommodation detriment to the interest of the bank iv that before disbursement of credit facility, respondent did number take companylateral security in respect of various cash credit borrowers violating sanction stipulation rather extended the enhanced limit in favour of the borrowers etc.
Aggrieved by the said order of AGM, Respondent filed an appeal before the Appellate Authority, namely DGM, Personnel Services, Department, Head Office.
Detailed enquiry was companyducted and, ultimately, the enquiry report dated 12.3.2008 was submitted to the AGM.
Consequently, disciplinary proceedings were initiated against him and a charge sheet dated 15.12.2006 was issued to him by AGM following the above mentioned circular dated 118.2004, which companyferred powers on AGM since the irregularities occurred or companymitted when he was functioning at the Branch Office.
as most of the accounts turned potential NPA NPA.
Aggrieved by the order of the Appellate Authority, respondent filed a writ petition No.
Consequently, a show cause notice dated 23.3.2006 was issued by the Chief Officer, Regional Office, Kolkata.
Respondent was later transferred and posted as the Senior Chief Officer at the Head Office of the Bank situated at Kolkata in August 2005.
AGM companycurred with the findings of the Enquiring Officer in respect of the charges, including Charge No.
Appellate authority dismissed the appeal vide its order dated 22.7.2008.
1546 of 2008 before the High Court of Calcutta, which was dismissed by the learned single Judge of the High Court vide its judgment dated 19.11.2009.
The reply submitted by the respondent was companysidered by AGM in the capacity of the Disciplinary Authority and he found the same unsatisfactory and decided to hold a departmental enquiry against the respondent and appointed Shri Benod Bihari Hazra, Retired Executive of the Bank as an Enquiring Authority to enquire into various charges leveled against the respondent.
v that the respondent did number take steps for creation of valid stipulation in various cases and failed to effectively monitor companytrol and supervise the following advance accounts to protect the interest of the bank vi that the respondent in blatant violation of the sanctioned limits in the case of M s J.C. Traders released the enhanced amount to the borrower in undue haste and thus allowed overdrawing approx.
Appeal was preferred by the respondent to the Division Bench vide A.P.O. No.
The Respondent joined the services of the Appellant UCO Bank for short Bank as the Field Officer on 11.11.1978.
A companyy of the enquiry report was served on the respondent, to which he filed a detailed reply.
Respondent functioned as the Senior Manager in the Bansdroni Branch of the Bank from 15.10.2001 to 23.8.2005.
Respondent filed his reply to the said show cause notice on 17.4.2006.
He was later promoted to the scale of MMGS III on 17.7.2001.
AGM, after companysidering the reply submitted by the respondent, passed final order on 19.4.2008, in exercise of his powers companyferred under Regulation 4 of the Regulations 1976 and imposed penalty of dismissal from service.
342 of 2009 and the Bench vide its judgment dated 19.12.2011 allowed the appeal holding that AGM has numberjurisdiction to initiate the disciplinary proceedings.
4, which the AGM found to be fully proved.
Respondent filed his reply to the said charge sheet on 17.1.2007.
Rs.2 crores to the borrower party beyond the amount stipulated for the disbursement against the sanctioned enhanced limit vii That the respondent showed inclination to accommodate various parties in an irregular and unauthorized manner by abusing his official position and deliberately displayed indifference to banks interest and exposed the bank to financial loss of Rs.598.07 lacs approx.
The Division Bench also directed reinstatement of the respondent into service along with all companysequential benefits, against which this appeal has been preferred by the Bank.
| 1 | train | 2012_447.txt |
The discovery of the handle of a pump on an information given by the appellant which was found to be stained with blood.
The companyduct of the appellant inasmuch as that he had climbed on the tile roof of the Octagon Office and in spite of persuasions refused to companye down till about 8.30 a. m. The statement made by the appellant that since he had companymitted the murder hence he would number companye down.
When the Jail authorities appeared on the scene they found the deceased lying unconscious in pool of blood.
The appellant is also stated to have made extra judicial companyfession before the Assistant Jailor, P.W. 1 Mr. Saxena, which was followed up by judicial companyfession before a Magistrate.
Confession made by the appellant before a Judicial Magistrate.
The accused had in the meantime climbed the tower and proclaimed from there that he had companymitted the murders and that he was number companying down.
The two Courts below have carefully analysed the evidence against the appellant and have found that although the case of the appellant rests wholly on circumstantial evidence, the evidence is absolutely companyclusive and excludes every other hypothesis except the guilt of the accused.
The clothes of the appellant which were seized from his body were found to be stained with human bipod.
It was after some persuasion that the jail authorities were able to apprehend the accused.
The High Court has catalogued the circumstances against the appellant at page 114 of the paperbook, which are as follows When Arjun P.W. 16 left the barrack early in the morning to answer the call of nature the appellant was the only person with the two deceased in that barrack.
When Ariun P.W. 16 returned back, the appellant was absent from there and the two deceased were lying injured.
Thereafter, F.I.R. was lodged and after the usual investigation a charge sheet was submitted against the appellant.
However, the origin companyld number be determined by the Serologist, as the stains had disintegrated.
| 0 | train | 1977_37.txt |
A decapitated body was found lying in the Chandmuni Tea Estate near Himachal Behar Abasan Project at 1315 hours on 03.02.2004.
On the basis of a written companyplaint made by Bhupendra Nath Singh PW 12 , the investigation companymenced and the Appellant along with Hira Routh and Khogesh Bansfore were arrested.
It was found companycealed with soil and dry leaves in a garden drain.
The weapon used for the companymission of offence was also recovered on the basis of the statement and disclosure made by the accused persons from a companycealed place on 08.02.2004.
It was approximately 13 inches in length with a wooden butt and was recovered as per the statement and information of the accused on 08.02.2004.
The Appellant and the other accused Hira Routh and Khogesh Bansfore challenged their companyviction and sentence by filing an Appeal before the High Court of Calcutta.
The Trial Court relied upon the testimonies of PW 3, PW 4 and PW 5 who are the family members of the deceased Sambhu Mallick in its detailed discussion of oral evidence.
The post mortem report Exh.
The Trial Court held that the chain of circumstances was clearly established by clinching evidence which proved that the accused persons had companymitted the offence.
PW 4 and PW 5 are the sister and mother of the deceased respectively who companyroborated the evidence of PW 3.
The Appellant took the cycle of deceased Sambhu Mallick and carried him on the cycle.
The body and the head of the deceased were identified by his relatives.
The other two accused, Hira Routh and Khogesh Bansfore, were acquitted of all the charges.
PW 3, the wife of the deceased deposed that her husband was a sweeper by profession and at about 0200 pm on 02.02.2004 the three accused persons and the father of Dilip Mallick came to their house and asked the deceased to accompany them for cleaning a safety tank.
During the companyrse of investigation the statements of accused persons were recorded on 04.02.2004.
It is clear that the accused who was with the deceased on the earlier day did number give a proper answer to PW 3 and asked her to go to the Matigara Police Station which indicates that he was suggesting to PW 3 to companyplain to the police.
P.C. the accused denied any knowledge of the crime and alleged false implication.
The three circumstances relied upon by the High Court are that the accused and the deceased were last seen together, that the accused attempted to mislead PW 3 regarding the whereabouts of the deceased and that the accused did number offer any explanation about the events of 02.02.2004.
It was identified to be that of her husband by her mother in law and sister in law from his wearing apparel.
After a detailed companysideration of the entire evidence on record, the Additional Sessions Judge, Fast Track 2nd Court, Siliguri found all the accused persons guilty of companymitting an offence under Section 302/201/34 IPC and sentenced them to suffer imprisonment for life.
The post mortem over the beheaded body and the cut head was companyducted by Dr. U.B. Ray Chaudhary PW 10 at North Bengal Medical College and Hospital.
The decapitated body and the cut head were sent for post mortem to the North Bengal Medical College and Hospital and the seized articles along with wearing apparel of the deceased were sent to the R.F.S.L., Jalpaiguri.
On 04.02.2004 she came to know about a beheaded body near Chandmuni Tea Estate area.
In the examination under Section 313 Cr.
She went to the house of the Appellant and was informed by the Appellants father that her husband and the Appellant went to clean a safety tank.
The deceased did number return home that night.
Charges under Sections 302/201/34 IPC were framed against all the three accused persons who pleaded number guilty and claimed to be tried.
The High Court held that there were three circumstances against the Appellant.
As the deceased did number return home, PW 3 started searching for him in the evening.
PW 3, PW 4 and PW 5 who are the family members of the deceased were companysistent in their testimonies that the deceased and accused were last seen together at around 0200 pm on 02.02.2004.
PW 3 deposed that she went to the Police Station but did number find him there.
PW 3 gave evidence to the effect that the accused was number found in his house in the evening on 02.02.2004 when she went to enquire about her missing husband.
The accused led the police to Chandmuni Tea Estate area where the cut head was found wrapped with the wearing apparel of the deceased Sambhu Mallick son of late Pandi Mallick of Kuli Para, Siliguri.
She met the Appellant on the next day morning and enquired about her husband.
There is a burden on the accused to give an explanation about what happened after they left the house of the deceased.
PW 14 was the witness to the seizure list marked as Exh.17 in respect of recovery of an iron made Khukri used in the crime.
The Appellant asked her to go to Matigara Police Station.
Section 106 of the Indian Evidence Act, 1872 imposes an obligation on the accused to explain as to what happened after they were last seen together.
It was stated in the post mortem report that proximal and distal part of the neck fitted snugly with each other and that the head and the rest of the body belonged to the same individual.
NAGESWARA RAO, J. This Appeal is filed against the judgment dated 22.03.2010 of the High Court of Judicature at Calcutta in Criminal Appeal No.326 of 2005 by which the companyviction of the Appellant under Section 302 Indian Penal Code, 1860 hereinafter referred to as the IPC and sentence of life imprisonment by the Additional Sessions Judge, Fast Track 2nd Court, Siliguri in Sessions Trial No.03/04 dated 11.02.2005 was companyfirmed.
She also stated that when she met the accused on the next day morning, the accused misled her by saying that she should go to Matigara Police Station in search of her husband.
11 which was issued by PW 10 shows that there were eight stab injuries on the chest, stomach and other vital parts of the body.
| 0 | train | 2017_73.txt |
The appellants herein imported ivory from African companyntries.
Against the said judgment the appellants are in appeal before us.
Six months time had been granted to make the said Act operational, that is to say, until 2.4.1992.
The Union of India also banned export of ivory in the said year.
Its proposals stress the use of national legislation and DNA identification of individual whales to monitor catches and trade.
Within the aforementioned period, the trader, thus, companyld dispose of his stock.
Similar proposals were presented without success at the most recent CITES companyferences in 1997 and 2000.
The proposals are for a first sale of 20,000 kg.
for Botswana, 10,000 Kg.
28 of 1986 Chapter V A was inserted therein whereby and restrictions were imposed on trade or companymerce in wild animals, cattle and trophies.
and an annual quota of 4,000 kg.
The said Act was brought into force by the Government of India by issuing a Notification dated 27.9.1991 with effect from 2.10.1991.
Indian elephant was brought within the purview of Schedule A of the Act on or about 5.10.1977.
The appellants herein filed writ petitions before the Delhi High Court, inter alia, questioning the companystitutionality and validity of the 1991 Amendment Act prohibiting trade in the imported ivory on several grounds.
Meanwhile, Japan is seeking to open up trade in most numberthern hemisphere populations of minke whale and a Pacific population of Brydes whale.
The funds were used for elephant companyservation activities in the three range states.
The said interim order was, however, vacated on 22.5.1992.
They have manufactured certain articles out of the same.
W I T H CIVIL APPEAL NOS.7534, 7535/1997 AND W.P. C No.
It is number in dispute that the said import had legally been made as there did number exist any restriction in that regard.
for South Africa and 10,000 kg.
for Zimbabwe.
and 2,000 kg.
The Wild Life Protection Act, 1972 hereinafter referred to as the said Act for the sake of brevity was enacted to provide for the protection of wild animals, birds and plants and for matters companynected therewith or ancillary thereto or incidental therewith.
respectively for Namibia, 30,000 kg.
In the year 2002, the three companyntries plus South Africa and Zambia are proposing one off sales of existing ivory stocks to be followed later by annual quotas.
Zambia is proposing a one off sale of 17,000 kg.
and 2,000 kg.
and 5,000 kg.
35/2003 B. SINHA, J INTRODUCTORY REMARKS Applicability of the provisions of the Wild Life Protection Act, 1972 is in question in this set of appeals which arise out of a companymon judgment and order dated 20.3.1997 passed by a Division Bench of the Delhi High Court.
A proposal from India and Kenya, on the other hand, argues that further ivory sales from African elephants should be clearly prohibited as a precautionary measure for reducing future threats to the elephant.
The appellants herein are engaged in the business of manufacture and sale of articles relating to art and craft manufactured from ivory.
| 0 | train | 2003_493.txt |
During the assessment year 1992 93 total sales made by the assessee from 01.04.1992 to 31.03.1993 was 382.125 MT.
Against Tribunals order, assessee moved the High Court in revision.
It was granted eligibility certificate under Section 4A of the Act under Notification No.
Aggrieved by the orders of the Deputy Commissioner Appeals , assessee filed appeals before the Trade Tax Tribunal, Ghaziabad in short the Tribunal which were partly allowed vide order dated 23.07,1996.
By the said Notification exemption from payment of tax or reduction in rate of tax was granted to new units as also to the units which had undertaken expansion, diversification or modernization.
In the said case, this Court inter alia observed as follows Purpose of granting exemption under the Notification dated 27.7.1999 was to promote the development of certain industries in the State.
Tribunal held that base production has been achieved on 23.09.1992 and, therefore, whatever the sale was made by the applicant upto 23.09.1992 shall number be entitled for exemption and the applicant was entitled for exemption only after 23.09.1992 on the production in excess of the base production.
Applicant was engaged in the business of manufacture of bulk drugs.
thus, the assessee was entitled for the benefit of exemption under Section 4 A of the Act in assessment year on the production exceeding the base production of 172.8 MT.
Stand of the revenue, on the other hand, was that such interpretation goes against the very object of Section 4 A of the Act.
both within the State of the UP as well as outside the State of UP including the central sales.
The exemption was granted to the extent of 125 of the fixed capital investment, invested by the assessee in the extension on the turnover of the goods manufactured in excess of the base production in an assessment year.
It claimed that during the assessment year in dispute, returns had been filed disclosing the total sales made by it and had claimed exemption from payment of tax both under the Act and Central Act only to the extent of sales made by it to the extent of 140.75 MT.
Deputy Commissioner Appeals held that the exemption cannot be claimed from payment of tax upto the period till the base production turnover has number been achieved.
during the whole year.
Brief facts giving rise to the present revisions are that the assessee is a Private Limited Company incorporated under the Companies Act, 1956 having its registered office at B 67, South Extension, Part II, New Delhi, and factory at Plot No.34 A/2, Site No.4, Sahibabad in the district Ghaziabad.
Aggrieved by the order of the assessing authority, assessee filed appeals before Deputy Commissioner Appeals , who vide order dated 31.07.1995 dismissed both the appeals.
ST II 1093/XI 7 42 86 U.P. Act XV/48 Order 91, dated 27.7.1991 and Rule 41.
The said case was relied upon by the High Court in support of its companyclusions which are challenged in the present appeal.
Thus, according to the assessee, it was entitled for the benefit of exemption under Section 4 A of the Act on the turnover of the production of 209.325 MT.
Stand of the Assessee before the High Court was that such turnover has to be taken for the whole of the assessment year and if it is found that the Unit undertaking expansion has exceeded the base production turnover in the whole of the assessment year, then the Unit shall be entitled to avail the benefit of exemption from payment of tax in respect of the turnover which is in excess of the base production for the whole of the assessment year which has to be declared under Rule 41 8 of the Uttar Pradesh Trade Tax Rules, 1948 in short the Rules .
The base production was fixed at 172.8 MT.
Challenge in this appeal is to the order passed by a learned Single Judge of the Allahabad High Court disposing of two revision petitions, i.e. Trade Tax Revision No.723 of 1996 and Trade Tax Revision No.724 of 1996 preferred by the respondent hereinafter referred to as the Assessee under Section 11 of the Uttar Pradesh Trade Tax Act, 1948 in short the Act .
ST II 1093/XI 7 42 86 UP Act XV/48 Order 91, dated 27.07.1991 in respect of the expansion undertaken by the assessee to manufacture paracetamole, which is bulk drug.
7291 of 2006 Dr. ARIJIT PASAYAT, J. Leave granted.
Arising out of S.L.P. C No.
Assistant Commissioner, Trade Tax Ghaziabad, vide his assessment order dated 01.03.1995 accepted the books of account and the disclosed turnover but restricted the claim of exemption to the extent of 70.325 MT instead of 140.75 MT.
The revision petitions related to the assessment year 1992 93 in respect of assessments framed under the Act and the Central Sales Tax, 1956 in short the Central Act .
He was of the view that exemption was available only after the date on which base production is achieved, i.e. if the base production is achieved in third month then the applicant would be entitled for exemption from the fourth month.
By the impugned order, the High Court held that the turnover of the base production in accordance with Clause 6 of the Notification No.1093 dated 27.07.1991 hereinafter referred to as the Notification has to be taken up for the whole of the assessment year.
| 0 | train | 2007_1336.txt |
Another companyy of the show cause numberice was served through another mode on 9.4.1985.
The DEO issued a numberice to the employee but there was numberresponse thereto.
Aggrieved by the said order, the Management preferred an appeal under Section 41 of the Tamil Nadu Recognised Private Schools Regulation Act, 1973 in short the Act to the Joint Director of School Education Secondary , Directorate of School Education in short the Joint Director .
Another memo was issued on 30.10.1984 companytaining similar charges.
The management was of the view that since he had number taken prior permission from the school and had number chosen to intimate the school authorities, it resulted in dislocation of the teaching.
The employee did number respond to the show cause numberice.
But he did number make any effective participation.
On 3.12.1985, DEO sent a report to the CEO.
On 9.3.1988.
2003 3 SCR 282 The Judgment of the Court was delivered by ARIJIT PASAYAT, J. Undaunted by reverses before the departmental authorities and the High Court, the Managing Committee of Thiruvalluvar Higher Secondary School hereinafter referred to as the management has filed this appeal.
The companytroversy lies within u narrow companypass and factual position being undisputed, a brief reference thereto would suffice.
The students were put to grave and irreparable loss and hardship.
In support of the appeal, Mr. L. Nageshwara Rao, learned senior companynsel submitted that the authorities and the High Court were number justified in their views and approach.
It was indicated that the very purpose for which a teacher is appointed is to impart teaching to the students.
inter alia, observing that though the employee did number give any reply to the charges as against him though he appeared before the CEO twice, yet the charges were number so grave as to warrant dismissal.
He had also number companypleted portions of the lessons for the 11th standard.
On 9.5.1985, letter was written to the Chief Educational Officer, respondent No.3 in short the CEO seeking his approval for term nation of employees services in terms of Rule 17 of the Tamil Nadu Recognised Private Schools Regulation Rules, 1974 hereinafter referred to as the Rules .
CEO asked the management for re instatement of the employee with back wages.
On 31.8.1984, the management issued another memo to the employee stating therein that since he had number attended the school for very long period without obtaining prior permission and as he had cancelled the classes and left for home early, same amounted to deficiency in service, misconduct and warranted action.
On 24.1.1985 memo of charges was also issued to him, inter alia, indicating that since he had number passed the Tamil examination as required, and since he had failed to discharge his duties diligently having absented from school frequently without prior permission and having number taken classes regularly, there was serious dislocation of work and inconvenience to the students.
inter alia, indicating that the employee had number denied any of the charges and since the management had produced materials in support of the charges, sanction for dismissal should be granted.
According to management, his behaviour and performance was number satisfactory and that he was highly irregular both in attendance as well as in teaching.
He was required to show cause in respect of the allegations.
Charges were framed and the employee was called upon to submit his reply to the charges.
1.12.1984, the date from which he had stopped attending the school.
On 29.8.1984, the management issued another memo to him seeking a clarification as to whether he had passed the Tamil examination.
Several requests were made to the employee to attend classes, but he turned down their requests.
Again, an enquiry was companyducted by the CEO on 23.4.1987.
Therefore, a decision was taken by school companymittee unanimously to terminate his services w.e.f.
Prior to his long absence, he had number been taking classes regularly.
The 5th respondent hereinafter referred to as the employee was appointed as P.G. Assistant for teaching English in 1978.
The appeal was rejected.
On 29.8.1985 letter was written to the District Educational Officer, respondent No.4 in short the DEO requesting for early action in the matter.
A memorandum was sent to him and to another teacher on 14.1.1983 stating therein that they would be required to pass examination companyducted by the State of Tamil Nadu in Tamil language before the end of the academic year in order to qualify for the posts they were holding, failing which appropriate action was to be taken.
On 21.4.1987, an enquiry was companyducted by the authorities and the employee was called to the school.
If the teacher was deficient in teaching and was irregular in taking classes, that is a very serious matter warranting termination of service.
Students as well as their parents companyplained about the deficiencies of the employee in number taking classes regularly and leaving the classes in the middle.
Finally, on 24.4.1987 the CEO passed an order refusing permission for termination on the ground that the allegations which companystituted foundation for the proposed order of termination, were number so grave as to warrant punishment like dismissal.
From 1.12.1984, the employee did number attend school.
It also took a stand that since it had neither suspended the employee number terminated his services and awaiting approval of the companycerned authority, the question of reinstatement and paying back wages did number arise.
Therefore, permission was refused.
On 13.3.1985, the show cause numberice was issued indicating that in spite of opportunity given, he had failed to respond and was called upon to submit his explanation as to why his services should number be terminated for violation of companye of companyduct prescribed for teachers employed in private schools.
Additionally, it was indicated that as he had number companypleted portions of the lessons for 11th standard and the students and parents had companyplained.
Aggrieved by such direction, management preferred a revision before the State Government.
After seeing the employee, the CEO was prima facie of the view that he was psychic.
The Joint Director wrote to the management that if it does number pay the wages directly to the employee, action should be taken for making direct payment to him.
| 0 | train | 2003_1357.txt |
Prem Chand PW 1 , R.K. Soni PW 2 , R.C. Chhabra PW 3 and A.K. Gupta PW 10 .
Briefly stated case of the prosecution is that accused was employed as a Peon in the United Commercial Bank in January 1987.
710 712 of 2000 in and by which the High Court affirmed the judgment passed by the trial companyrt thereby affirming the companyviction of the appellant under Section 13 1 C read with Section 13 2 of Prevention of Corruption Act, 1988 and under Sections 409 and 477 A IPC and the sentence of imprisonment imposed upon him.
Upon companysideration of the oral and documentary evidence, the trial companyrt held that the appellant in his capacity as a public servant, had misappropriated the money entrusted to him, in discharge of his duty, as a public servant.
When the depositors approached him for withdrawals of money, he would make fake credit entries in the ledger accounts and fill in the withdrawal slips and submit the same to the officer companycerned for payment.
The Passing Officer misled by the fake credit entry would allow the withdrawals.
Being aggrieved by the companyviction, the appellant preferred the appeal before the High Court which was dismissed by the impugned judgment.
This way, the appellant caused wrongful loss to the bank to the tune of Rs.38,500/ during the year 1994.
His job was to receive money from the account holders for deposit in Saving Bank accounts.
It was companytended that when any particular job is assigned to an employee different from his duty, then the Manager is supposed to issue office order duty sheet whereas in the present case, numberoffice order duty sheet was placed on record to establish that the appellant was assigned the clerical job as alleged.
It is alleged that neither the appellant filled the pay in slips number was any deposit made in the scroll, daily case receipt book and the cash payment book maintained by the cashier and he used to pocket that money.
He used to make entries in their pass books in his own hand but would number account money in the account books of the bank number did he pass it to the cashier.
The appellant was, however, acquitted for the offences under Sections 468 and 471 IPC for the charge of forgery by holding that the opinion expert is number precise.
The appellant mainly assails the companyfessional statement companytending that he did number voluntarily make any companyfession statement and the companyfessional statement companyld number have been made the basis for companyviction.
After investigation, the appellant was charge sheeted for the said offences.
After that, Enquiry Committee recommended thorough investigation in the matter.
When the fraud came to light, a Committee of two officers namely, R.C. Chhabra PW 3 and M.P. Sethi was deputed to hold a preliminary enquiry and the Committee numbericed bungling of accounts by the appellant.
He was assigned the job of the Clerk as there was a shortage of clerical staff in the bank and his job was of manning Saving Bank accounts companynter.
To prove the guilt of the accused, prosecution has examined thirteen witnesses and produced documentary evidence.
The trial companyrt companyvicted him for the offences under Section 13 1 c read with Section 13 2 of the PC Act, 1988 and Section 477 A IPC for falsification of accounts with intent to defraud the Bank and he was sentenced to undergo rigorous imprisonment for a period of two years along with a fine of Rs.5,000/. For the offence under Section 409 IPC, the appellant was sentenced to undergo rigorous imprisonment for a period of five years with a fine of Rs.5,000/ and all the sentences were directed to run companycurrently.
After the preliminary enquiry, FIR was registered against the appellant under Sections 409, 468, 471, 477 A IPC and under Section 13 1 C read with Section 13 2 of the Prevention of Corruption Act, 1988 PC Act, 1988 .
BANUMATHI, J. Signature Not Verified These appeals arise out of the judgment dated 22.12.2008 Digitally signed by passed by the High Court of Himachal Pradesh at Shimla in MAHABIR SINGH Date 2018.10.03 150913 IST Reason Criminal Appeal Nos.
| 1 | train | 2018_992.txt |
2003 Supp 5 SCR 129 The Judgment of the Court was delivered by SEMA, J. Heard Mr. Dhruv Mehta, learned companynsel for the appellant and Mr. Ranjit Kumar, learned Senior advocate on behalf of respondent Nos.
A 23/ 2000 was preferred by the appellant and Appeal No.
Appeal No.
After companysidering the MOU, the Tribunal arrived at the following companyclusion In order to resolve the dispute between the parties it is necessary to interpret the terms of companypromise as companyveyed by the appellant bank by letter dated 20.05.1994.
The clause II of the enclosure companytaining the terms of the companypromise fixes these settled amount at Rs.
By the impugned judgment Appeal No.
33.14 lakhs plus interest at 6 thereon till the date of liquidation which is fixed at 12 months from the payment of first instalment of 12 lakhs which is to be paid within a month from the date of arriving at the MOU.
Two appeals were preferred before the DRAT.
A 6/2001 was preferred by the respondents herein.
These appeals are directed against the judgment and order dated 30.05.2001 passed by the Debts Recovery Appellate Tribunal DRAT , Calcutta.
1 and 2 at length.
| 1 | train | 2003_768.txt |
in response to that numberice.
scheme for the area bounded by circular road fatehgarh churian road gumtala drain byepass road and ajnala road.
these boundaries are more particularly shown on a map of the locality held by the chairman of the improvement trust shaheed bhagat singh road amritsar.
sd shashpal singh chairman amritsar improvement trust amritsar.
reference trust resolution number 70 dated 19 4 1962.
thence by ajnala road but excluding the land under the ajnala road upto its junction with byepass road the point of start.
appeals from the judgments and orders dated july 29 1966 and january 3 1966 of he punjab high companyrt in civil writ number.
dated 4th may 1962.
aggrieved by those decisions the amritsar improvement trust as well as the state government of punjab have companye up in appeal.
details of the scheme and a statement of the land to be acquired and the general map of the locality companyprised in the scheme may be inspected at the office of the trust shaheed bhagat singh road amritsar during office hours on any working day.
one of the objectors pleaded that the improvement trust had numbercompetence to include in a development scheme areas outside the municipality.
framing of a development cum housing accommodation scheme for the area bounded by circular road fatehgarh churian road gumtala drain bye pass road and ajnala road.
any person having any objection to the scheme should forward the same in writing to the undersigned so as to reach him on or before the 7th july 1962.
1418 and 1419 of 198 .
that resolution was amended by the improvement trust at its meeting held on may 1 1962.
k. mehta k. l. mehta and k. r. nagaraja for the appel lant in c.as.number.
several interested persons submitted their objections.
and r. n. sachthey for the appellant in a. number 1662 of 1968 .
resolution the trust resolved to frame a development cum housing accommodation scheme for the area bounded by circular road fatehgarh churian road gumtala drain bye pass road and ajnala road u s 24 and 25 read with section 28 2 of the punjab town improvement act 1922.
thence by fatehgarh churian road but ex cluding the land under this road upto its junction with circular road south.
number.
thence by circular road but excluding the land under the circular road upto its junctions with ajnala road west.
141 8 nd 1662 of 1968 .
civil appellate jurisdiction civil appeals number 1418.
the amritsar improvement trust at its meeting held on april 19 1962 resolved as follows item for companysideration.
the high companyrt of punjab and haryana has held in two writ petitions that the scheme in question is an invalid scheme and has companysequently set aside that scheme.
1419 and 1662 of 1968.
the amendment reads thus item.
2052 and 2053 of 1965.
for respondents number.
1 to 5 in c.as.
starting from the junction of ajnala road and bye pass road along but excluding the land under bye pass road upto its junction with fatehgarh churian road east.
frank anthony and e. c. agrawala for respondent number 1 in a. number 1419 of 1968 .
sites will be ear marked for the companystruction of houses for services men and also for labour and harijan companyonies.
the area will be developed as a companymercial cum residential area and an industrial companyony will also be provided.
the judgment of the companyrt was delivered hegde j. in these appeals by certificates just one question of law arises for decision and that question is whether the scheme prepared by the amrittsar improvement trust under ss.
the scheme should number be numberified under s. 36 of the punjab town improvement act 1922 for inviting objections.
resolution number 70 dated 19 4 1962 be and is amended accordingly.
24 25 and 28 and sanctioned by the government under s. 41 of the punjab town improvement act 1922 to be hereinafter called the act is an invalid scheme.
resolution it is decided to refix the boundaries of the development scheme as under circular road fatehgarh churian road bye pass road and ajnala road.
bishan narain o. p. sharma b. datta and j. b. dadaclwni.
c. mahajan.
| 0 | test | 1971_492.txt |
The Commissioner ignored that decision in dismissing the revision.
He redetermined the assessable income under the heading capital gains but did number issue a numberice of demand as prescribed in s. 29 of the Income tax Act.
It was a companydition of the agreement that it should have operation only after the Purchaser Firm or its numberinees were appointed as the Managing Agents of the Company.
It received the price for the said shares at the rate of Rs.
As numberappeal lay to the Appellate Assistant Commissioner against the calculations made by the Income tax Officer, the Commissioner had certainly power to revise the said order.
Because of certain differences between the partners, they decided among themselves to sell their shares and to surrender their Managing Agency.
In terms of the agreement, the Purchaser Firm paid for the entire shareholding of the partners of the Agency Firm at Rs.
Appeal by special leave from the judgment and decree dated July 28, 1959 of the Allahabad High Court in Civil Miscellaneous Writ No.
Thereafter, on July 28, 1959, the assessee filed Writ Application No.
It was assessed to income tax for the year 1948 49 and the Income tax Officer by his order dated June 5, 1952.
It may be numbericed that long before the revision petition was dismissed, the appeal filed by the assessee against the order of the Income tax Officer to the Appellate Assistant Commissioner was dismissed on March 8, 1957.
Its karta was one Dwarkanath and the present karta is his son Ramji Prasad.
But the Income tax Officer refused to issue any such numberice.
Meanwhile on September 27, 1956, the appellant filed an application before the Commissioner of Income tax under s. 33A 2 of the Income tax Act for revising the order of the Income tax Officer dated September 28, 1955.
13, 14, 15, 16, 20, 21, 25, 27, 29 partly, 31, 32, 34, 37, 38.41, 42, 44 are based on 46 and 50 partly and paras 17, 18, 19, 22, 23, 24, 26, 28, 29, partly 30, 33, 35, 36, 39, 40, 43, 48 partly are based on perusal of the record, those of paras 47, 48 partly 49 and 50 partly are based on legal advice, which I believe to be true, that numberpart of this affidavit is false and numberhing material has been companycealed in it.
The High Court dismissed the said application in limine mainly on the following three grounds 1 the affidavit filed in support of the writ petition was highly unsatisfactory and on the basis of such an affidavit it was number possible to entertain the petition 2 the facts given in the affidavit were incomplete and companyfused and 3 even on merits, there was numberforce in the revision petition Hence the appeal.
Under that agreement it was provided that 65012 shares held by the 11 partners of the Agency Firm, directly or through their numberinees, should be sold to the Purchaser Firm at Rs.
In paragraphs which are based on a perusal of the record the deponent referred to the relevant orders of the Income tax authorities and also to the relevant agreements and the companyies of the said orders and agreement were also annexed to the affidavit as schedules.
The assessee preferred an appeal against that order to the Appellate Assistant Commissioner under s. 30 of the Income tax Act and that was dismissed on March 8, 1957, on the ground that it was number maintainable.
It is number clear from the schedules whether certified companyies or the original of the orders received by the appellant were filed.
Out of the total shareholding the appellant held 11,230 shares.
On further appeal, the Income tax Appellate Tribunal, Delhi Bench, held that the said receipt bad to be taxed as capital gains under s. 12B. of the Income tax Act, 1922, and directed the Income tax Officer to modify the assessment in accordance with its order.
2071 of 1959 in the High Court of Judicature at Allahabad, inter alia, for a writ of certiorari or any other direction or order of like nature to quash the order of the Income.tax Commissioner, Lucknow, dated March 28, 1959, and the Order of the Income tax Officer dated September 28, 1955, and for a writ of mandamus or any other order or direction of the like nature directing the Commissioner to pass a fresh order in accordance with the decision of the Bombay High Court and direct the Income tax Officer to pass a fresh order in accordance with law and to issue a numberice of demand as required by s. 29 of the Income tax Act.
The result was, numberappeal lay against the companyputation made by the Income tax Officer to the Appellate Assistant Commissioner.
65 per share and that the Agency Firm should before November 15, 1946, resign its office of Managing Agency of the Company.
But it is said that the affidavit filed in support of the application did number speak to matters which were within the deponents own knowledge.
65 per share.
On October 30, 1946, the Company held its General Body Meeting and accepted the resignation of the Agency Firm and by another resolution appointed the Purchaser Firm as the Managing Agents in its stead.
2,98,909 realized by the assessee under the head income from business, i.e., the difference in the amount for which it purchased the shares and that for which it sold them.
The Income tax Officer rejected the said companytentions of the assessee.
On September 7, 1946, the said 11 partakers entered into an agreement with the firm of Messrs. Chhuttu Ram Sons of Bihar, hereinafter called the Purchaser Firm.
assessed the excess amount of Rs.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The said Agency Firm was formed under an instrument of partnership dated February 26, 1938, with 11 partners 3 of them are companypendiously described as the Bombay Group and the remaining 8 of them as the Kanpur Group.
But the said Officer declined to issue the numberice of demand.
The said family was one of the II partners of the Agency Firm belonging to the Kanpur Group.
65 per share.
V. Viswanatha Sastri, Rameshwar Nath, S. N. Andley and L. Vohra, for the appellant.
The assessee raised various companytentions before the Income tax Officer, inter alia, that the said income was number liable to be taxed under s. 12B of the Income tax Act under the head capital gains and that in any case in order to determine the amount of capital gains the market value of the shares only should be taken into companysideration, as the price of Rs.
Gopal Singh and R. N. Sachthey, for the respondents.
65 per share included also the companysideration for the relinquishment of the managing agency rights.
The assessee made an application under s. 35 of the Income tax Act to the Tribunal for further directions and the Tribunal, by its order dated March 26, 1954, amended its previous order dated August 3, 1953, by substituting the word processed in place of the word assessed in its previous order.
In September 1946 shareholding of the partners of the Agency Firm in the Company was as follows Kanpur Group 32,500 shares.
The appellant is a Hindu undivided family.
2071 of 1959.
Indeed, on March 8, 1957, the Appellate Assistant Commissioner rejected the appeal filed by the appellant as being number maintainable.
11, 12.
In the year 1938 the Company appointed Messrs. Pira Mal Girdhar Lal Co., hereinafter called the Agency Firm, as its Managing Agents.
62 of 1964.
With certain variations in the companystitution of the Agency Firm, the said firm functioned as the Managing Agents of the Company till September 1946.
On February 28, 1938, a formal agreement was entered into between the Company and the Agency Firm.
Gujarat Cotton Mills Co. Ltd., hereinafter called the Company, is a limited companypany having its registered office at Ahmedabad.
On November 18, 1957, the attention of the Commissioner was also drawn to the fact that the Bombay High Court in the case of a reference to that Court at the instance of the Bombay Group held that the market value of the shares should be taken into companysideration to ascertain the excess realized on the sale of the shares of the assessee for the purpose of capital gains tax.
On appeal, the Appellate Assistant Commissioner of Income tax companyfirmed the same.
Bombay Group 26,362 shares.
After making an infructuous attempt to get suitable directions from the Appellate Tribunal, on March 5, 1956, the assessee filed an application before the Income tax Officer to issue a numberice of demand under s. 29 of the Income tax Act so that it might prefer an appeal against the same to the appropriate authority.
On March 28, 1959, the Commissioner dismissed the revision petition on two grounds, namely, 1 that it was number clear whether the revision petition under s. 33A of the Income tax Act was maintainable, and ii on merits.
| 1 | train | 1965_233.txt |
One of the prayers made in these writ petitions is for grant of same Death cum Retirement Gratuity to the pre 1.4.1979 retirees as to the post 1.4.1979 retirees.
I am directed to state that Government have issued orders vide Ministry of Finance Department of Expenditure O.M. No.
To The Chief of the Army Staff.
A similar claim was rejected by this Court in State Government Pensioners Association and Others v. State of Andhra Pradesh, 19863 S.C.C. 501 on the ground that the claim for gratuity can be made only on the date of retirement on the basis of the salary drawn on the date of retirement and being already paid on that footing the transaction was companypleted and closed.
The Chief of the Naval Staff.
By the Memorandum of the Ministry of Defence bearing No.
Then new rates of pension are effective from 1st April, 1979 and will be applicable to all service officers who became become number effective on or after that date.
It has been pointed out by the learned Solicitor General that provision has been made for the same by the Government of India Ministry of Defence in memorandum No.
The result was that those who retired prior to the specified date were number entitled to the benefits of liberalised pension formula in view of the cut off date of retirement specified in the Memoranda.
Under Article 32 of the Constitution of India Viswanatha Iyer, K.L. Rathee, S. Balakrishnan, S. Prasad and S.K. Sinha for the Petitioners.
This issues with the companycurrence of the Ministry of Finance Defence vide their u.o.
This led to the filing of the writ petition by D.S. Nakara and others on behalf of retired civil servants and personnel of the Armed Forces wherein it was companytended that differential treatment to the pensioners related to the date of retirement by the revised formula for companyputation of pension was discriminatory and violative of Article 14 of the Constitution.
Writ Petition No.
547 50 and 4524 of 1985.
The pension for the Armed Forces personnel is governed by the relevant regulations.
of India.
4524 of 1985 by an ex serviceman has been received by post and is substantially to the same effect.
the 28th September, 1979.
On May 25, 1979, Government of India, Ministry of Finance, issued Office Memorandum No.
Writ Petition Nos.
2682/Pen of 1979.
4524 of 1985, one of the reliefs claimed is for family pension.
P.2 in Nakara and on which the petitioners claim rests is as under IMMEDIATE No.
These memoranda were Ex.
The Pension Regulations for the three Services will be amended in due companyrse.
Subject Liberalisation of the Pension Formula Introduction of Slab System in respect of Army Officers Other than Officers of the Military Nursing Services and Corresponding Officers of the Navy and Air Force.
The Memorandum dated 28.9.1979 which was Ex.
In order to appreciate the companytentions in these writ petitions, it would be appropriate to first refer briefly to the decision in D.S. Nakara Others v. Union of India, 1983 2 C.R. 165.
ORIGINAL JURIDICTION Writ Petition Nos.
13550 55 of 1984.
The Chief of the Air Staff.
F.1 8 /70/D Pension Services , dated the 17th July, 1975 in case of rate of pension in respect of Chiefs of Staff, on the same basis and the revised rates of pension are as shown in Appendices A, B and C respectively, attached to this letter.
WITH Writ Petition Nos.
The petitioners claim that all pre 1.4.1979 retirees of the Armed Forces are entitled to the same amount of pension as shown in appendices A B and C for each rank is clearly untenable and does number flow from the nakara decision.
emphasis supplied The significant words in this Memorandum after referring to the Memorandum dated 25.5.1979 for determining pension of the civil servants according to the liberalised pension formula on the slab system based on average emoluments reckonable for pension are as under Consequent upon the introduction of the slab system for determining pension as above, the President is pleased to modify the rates of pension of Army Officersand companyresponding officers of the Navy and Air Forceon the same basis.
547 50 of 1985 are by those who retired from below the Commissioned rank.
The liberalised pension formula introduced a slab system, raised the ceiling and provided for a better average of emoluments for companyputation of pension and the liberalised scheme was made applicable to employees governed by the Central Civil Services Pension Rules, 1972, retiring on or after the specified date.
B/40725/AG PS4 C/1816/AD Pension Services dated September 28, 1979, the liberalised pension formula introduced for the civil servants governed by the 1972 Rules was extended to the Armed Forces personnel subject to the limitations set out in the Memorandum with a companydition that the new rules of pension would be effective from April 1, 1979 and would be applicable to all service officers who become became number effective on or after that date.
Yours faithfully, Sd Shiv Raj Nafir Under Secretary to the Govt.
We may number deal with the remaining companytentions.
It Writ Petition No.
F 19 3 EV 79 whereby the formula for companyputation of pension was liberalised but made applicable only to civil servants who were in service on March 31, 1979 and retired from service on or after that date.
P 1 and Ex.
13550 55 of 1984 are by ex servicemen who retired from a companymissioned rank while Writ Petition Nos.
Ashok H.Desai, Solicitor General, Arun Jaitley, Additional Solictor General, Mainder Singh, Ms. Anil Katyar, V.S. Rao and Rajan Narain for the Respondents.
F. 19 3 EV/79, dated the 25th May, 1979 for detrermining pension of the Central Government Civil servants on slab system given below Amount of monthly pension Upto first Rs.1000 50 of average emoluments of average emoluments reckonable for pension Next Rs.500 of 45 of average average emoluments emoluments Balance of average 40 of average emoluments emoluments Consequent upon the introduction of the slab system for determining pension as above, the President is pleased to modify, the rates of pension of Army Officers excluding the Officers of the Military Nursing Services and companyresponding officers of the Navy and Air Force as given in A 13/9/76 and companyresponding Naval and Air Force Instructions, and Ministry of Defence letter No.
Petitioner No.
The real point for decision, therefore, is whether the reliefs claimed in these writ petitions flow as a necessary companyollary to the decision in Nakara.
The Judgement of the Court was delivered by VERMA, J. These writ petitions by ex servicemen are a sequal to the decision in D.S. Nakara Others v. Union of India,1983 2 S.C.R. 165, in which the reliefs claimed are based solely on the decision in Nakaras case.
This being the sole basis for the reliefs claimed in these writ petitions, the petitioners can succeed only if this assumption by them is companyrect.
1 in the first two sets of writ petitions is a Society representing the ex servicemen while the other petitioners in these writ petitions are ex servicemen of the three wings of the Armed Forces, namely, Army, Navy and Air Force.
B/40725/AC PS4 c /1816/A D Pension Services Government of India Bharat Sarkar, Ministry of Defence Raksha Mantralaya, New Delhi,.
F. 6 2 /85/1689/B D Pension Services dated 8.8.1985 which has been issued in companypliance of this Courts decision in Smt.
Poonamal and Others v. Union of India and Others, 1985 3 S.C.C. 345 .
| 0 | train | 1991_4.txt |
This put Sunil Kumar, Hotel Manager, P.W.12 on the alert.
Another fact of importance is the discovery of E group blood on the stone Ex.
Leave granted to Ashok Kumar, petitioner on his petition from jail.
It was discovered that the deceased met homicidal death on assault on his head being hit with a stone, such as the one as was Ex.
His companyaccused Smt.
Prem Kanwar, accused offered herself for identification and was identified by the prosecution witnesses, who had occasion to see her accompanying the appellant.
He informed his father Hari Om, P.W.12 on the alert.
She alleges that the appellant gave her some drug by which she became semi conscious.
Besides, he was the one in whose presence the appellant had signed the hotel papers as Vijay Kumar and had paid Rs.200/ as advance.
They approached Police Station Haus Qazi for help.
This part of it is obviously separate and has numberhing to do with the crime as such.
Death was opined to have taken place within the time suggested by the prosecution i.e. on the night intervening 29th and 30th December, 1987.
The passion between the two lovers, seemingly, did number subside.
Prem Kanwar and her two children left the hotel premises never to return back.
He gave out to the hotel management his name as Vijay Kumar and supplied an address which was false.
Then there is numberreason to disbelieve the evidence of Bajrangi Lal, Guide, W.27 at whose suggestion and behest they were lodged in Eagle Hotel at an unearthly hour at about 11.00/11.20 p.m. Bajrangi Lal companyrectly identified Smt.
On the new year day, i.e. 1 1 1988, both of them left together and stayed in a Dharamshala for two days at Kotputli, from where they were ultimately located at Ahmedabad, whereat they were arrested on 12 1 1988.
On the arrest of the accused, identification parade was arranged, whereat the appellant refused to participate in the same.
Out of the wedlock of Smt.
The Hotel management on its part, on routine check, found that room number33 lay open.
Internally, it was discovered that there were fractures of the frontal, parietal and occipital bones.
Room No.30 was then occupied by the companyple.
The marriage made numberdifference to the intimacy and their relationship companytinued.
This appeal by Ashok Kumar is to challenge the judgment and order of the Delhi High Court dated January 10,1995, whereby he has been held guilty for the offence of murder under Section 302 IPC and sentenced to death.
He informed his father Hari Om, P.W.14.
His company accused Smt.
Apparently, he had a Dont care attitude, as seen by the learned Judge.
The following morning at about 9.00 a.m., the appellant and his companyaccused Smt.
Prem Kanwar, however, was different.
30 and 33, after the appellant had duly signed the necessary papers and registers at the hotel desk, and having also paid Rs.200/ as advance.
The companyduct of the appellant at the trial was far from numbermal.
There were also a plastic rope, some broken bangles and a tuft of hair.
He would at times stop companymunicating with his companynsel and take to silence.
Accordingly, the appellant and his companypanions, on companying to the hotel, were allotted room number.
She removed the bed sheet to find her husband profusely bleeding.
As a part of the investigation, the dead body was sent for postmortem.
Similarly, Raj Kumar, waiter, P.W.23 who was responsible for giving possession of the two rooms to the party of the appellant cannot be doubted and equally of his having seen both the accused in the companypany of each other at the time of his serving tea to them the following day at about 9.00 a.m. In the same sequence the evidence of Sunil Kumar, P.W.12, the Hotel Manager also cannot be doubted, all the more when the handwritings of the appellant have successfully been identified as his by the handwriting expert, P.W. 30, on his obtaining and companyparing the admitted handwriting and signatures of the appellant.
S.I. Gurbax Singh, P.W.29 arrived at the scene at about midnight.
P.13, recovered at the spot.
While so Smt.
Having gone there, she says she just as well had a bath, and when she returned to her room, she found the appellant standing there and her husband lying companyered with a bed sheet.
The prosecution case is woven like this Both the accused, Ashok Kumar and Smt.
It is further traced that on that day itself they left Delhi so as to be in Jaipur where they had checked in at Hotel Sital at about 7.00 p.m. There again the appellant with a pseudo name gave a wrong address.
Common bathrooms and latrines were available for both the floors i.e. 4th and top floor at the third floor.
Now about the crime she says that on the next day at about 5.00 a.m. she got up to urinate and had to go down on the third floor to visit the toilet.
Prem Kanwar belong to the same village in the State of Rajasthan.
The same was on the fourth floor of the hotel.
Prem Kanwar were seen standing together in front of room number 30, and on their asking were served tea by Ram Kumar, P.W.23.
Room No.33 was occupied by the appellant.
This was on the top floor.
At about 11.00 am the appellants accompanied by his companyaccused Smt.
Both the accused had a long knit physical intimacy with each other.
In the presence of the police party, and others present, lock of Room No.30 was got broken and on opening was found the dead body of the deceased lying on a company.
At that juncture, the appellant is said to have asked her to keep quite and threatened her with dire companysequences, and even of killing her children, if she did number companyperate.
Bajrangi Lal had numberaxe to grind against the appellant and his companyaccused.
Amongst many articles which were recovered from the spot were the weapon of offence being a red stone.
It is inferred that because of that relationship Ashok Kumar, appellant and his companyaccused Smt.
Prem Kanwar, accused with Mahabir Singh deceased, two children were born.
Prem Kanwar has number appealed against her companyviction and sentence.
P.30, the clothes of the deceased and the clothes of the appellant removed from his person on his arrest on 12 1 1988.
After companypletion of the investigation, both the accused were sent up for trial before the Court of Session.
It is on the evidence as afore described, and the incriminating circumstances emerging from the sequence of events and the statement of Smt.
She made a statement at the trial that she and her husband and her children had accompanied the appellant to Hotel Eagle on the day and at the time alleged by the prosecution and admitted having stayed and having slept in room number30 alongwith her husband when the appellant had stayed in room number33.
Both the rooms had numberattached toilets.
Prem Kanwar was given in marriage to Mahabir Singh, deceased.
He was obstructive to the proceedings of the trial and somewhat defiant as observed by the learned Additional Sessions Judge.
Still, it cannot be doubted that the appellant had a female accompanying him and had a man and two children alongwith him.
Statedly, in that companydition she left the hotel room with her children till finally after wandering from place to place, she was taken to Ahmedabad by the appellant where she was left in her uncles house, to whom she told about the occurrence, who in turn informed the police and this is how she claims to have been arrested.
The key and lock of that room lay inside the room.
On January 4, 1988, some foul smell, as if of a dead rat, was sensed emanating from Room No.30.
The clothes on the dead body were blood stained.
Punchhi, J. Permission to file special leave petition sought by the mother and brother of the petitioner, Ashok Kumar vide Criminal Miscellaneous Petition No.1593 of 1995 is refused.
| 1 | train | 1995_683.txt |
On 30.9.1995 PCMIL ceased all its fund based activities.
However numberresponse was received from SEBI.
Common question of law and facts arise and for the sake of companyvenience we shall keep in perspective the factual matrix in Civil Appeal No.
In order to companyply with this direction, Premium Global Securities Ltd. later Premium Global Securities Pvt.
4 Thereafter on 4.4.2000 a fresh application was made for transfer of membership to PGSL and the NSE approved the aforesaid application on 12.4.2000 without any transfer fees.
Ltd., hereinafter PGSL, Appellant No.
Thereafter on 16.12.1994, PCMIL was admitted to the membership of NSE and was registered as a stock broker with SEBI.
Meanwhile on 15.7.2004, SEBI Interest Liability Regularisation Scheme 2004 came into force.
1 was incorporated on 16.5.1995 for taking over the membership card of PCMIL.
Meanwhile PCMIL received a letter from the NSE Disciplinary Committee dated 7.6.2000 directing PCMIL to cease all business in the nature of fund based activities and to initiate steps to segregate it within two months.
On 8.8.1996 NSE was informed about the formation of PGSL and an application was made for transfer of NSE membership from PCMIL to PGSL.
6394 OF 2009 1 These Appeals arise against the companymon Judgment of the Securities Appellate Tribunal SAT for brevity which affirmed the stance of SEBI refusing to grant fee companytinuity benefits to the Appellants herein.
3682 of 2006, in which the arguments in the main have been addressed.
Steps for registration with SEBI were initiated and PGSL was issued the Registration Certificate on 20.9.2000.
3686 OF 2006 AND CIVIL APPEAL NO.
To this PCMIL replied that PCMIL had number transacted any other business and that the last leasing transaction was carried out in September 1995 and that PCMIL was only receiving lease amounts.
3 On 27.4.1995 SEBI reaffirming the applicability of Rule 8 1 f and 8 3 f of Securities Contract Regulation Rules, 1957 hereinafter 1957 Rules to companyporate members, via a letter directed all companyporate members to sever companynections with businesses other than securities business forthwith and requested NSE to report on companypliance.
3682 OF 2006, CIVIL APPEAL NO.
VIKRAMAJIT SEN, J. CIVIL APPEAL NO.
Ltd. was incorporated on 24.6.1992, which on 9.2.1994 changed its name to Premium Capital Market Investments Ltd hereinafter PCMIL, Appellant No.
On 14.3.2000 NSE issued a show cause numberice to PCMIL under Rule 8 1 f and 3 f of the 1957 Rules in pursuance of a companyplaint that PCMIL was number allowed to engage in any business other than that of securities.
On an application for Trading Membership of National Stock Exchange of India Ltd. hereinafter NSE in the Capital Markets Segment by PCMIL, vide letter dated 16.5.1994, NSE sent them an offer of membership subject to certain companyditions enclosed in Annexure A. In its letter dated 4.10.1994 SEBI made observations on the Draft Prospectus for Public Offer submitted by PCMIL, including the companyditions for NSE membership, namely that the companypany companyld number carry on any other activities apart from broking.
| 0 | train | 2015_532.txt |
A.S.L.P. c No.8185 of 2019 The bidders to furnish necessary certificates from the companycerned District Officers of R B where such plants have been located and the District Officers of R B shall inspect and certify with route maps on the 1 location 2 distance from last point of work reach and 3 ownership of such plants for which the bidders are intending to bid.
The technical bids were opened on 18.05.2018 at 0400 P.M. and as the fourth respondent as well as the appellant were qualified in the technical bid, the Part II bid i.e the price bid was opened on 31.05.2018 at 0300 P.M. In the price bid, the fourth respondent herein, offered to execute the work at the companyt of Rs.31,51,27,865.82 whereas, the appellant offered the companyt of Rs.31,31,69,427.04 for executing the A.S.L.P. c No.8185 of 2019 work.
On the aforesaid grounds, the Division Bench allowed the intra companyrt appeal, by impugned order, with a direction to award the work in question, on A.S.L.P. c No.8185 of 2019 the basis of a report submitted by the Superintending Engineer, Warangal.
Further, it is observed that when the report of the Superintending Engineer, Warangal, was number accepted, the Chief Engineer should number have sought a second report from the Superintending Engineer, Karimnagar.
Necessary facts in nutshell, for disposal of this appeal are as under The Roads and Buildings Department of the First Respondent State of Telangana, floated a tender numberice dated 21.04.2018, inviting bids for companystruction of BT Road from Gujed to Buddaguda, in Mahabubabad District of Telangana State.
The fourth respondent herein was the writ Signature Not Verified petitioner in Writ Petition No.
On such companyplaint, the Chief Engineer, called for a verification report from the Superintending Engineer, R B Circle, Warangal.
The Bid Document companysists of two parts, Part I Part II i.e technical bid and price bid respectively.
The relevant clause in the tender document under Clause 4.4 B b reads as under Each bidder must demonstrate availability for companystruction work, either owned, or on lease or on hire, of the key equipment except Batch Type Hot Mix Plant stated in the Appendix to ITB including equipments required for establishing field laboratory to perform mandatory tests, and those stated in the Appendix to ITB Note For Batch Type Hot Mix Plant, as per G.O.Rt.
The said certificate was to be filed along with Part A of the documents, relating to technical bid.
The offer of the appellant is nearly Rupees Twenty Lakh less than the rate quoted by the fourth respondent writ petitioner.
The learned Single Judge, by observing that there being numberspecific mala fides against any individual, has held that, numberfault can be attributed to the Chief Engineer in getting the re verification done, by obtaining a report from the independent authority.
The Superintending Engineer, vide his report dated 04.07.2018, informed the Chief Engineer that he has measured the distance from the odometer and the distance between the Hot Mix Plant and the last point of working reach was 98.1 kilometers.
In the report dated 04.07.2018, filed by the Superintending Engineer, Karimnagar, addressed to the Chief Engineer, as the distance between Hot Mix Plant owned by the appellant and the last point of working reach was shown at 98.1 kilometers, same was accepted by the authorities and tender was finalized A.S.L.P. c No.8185 of 2019 in favour of the appellant.
The appellant and the fourth respondent participated in the tender process by submitting the requisite documents.
It is number in dispute that the appellant owns a Hot Mix Plant and at the request of the appellant, the District Officers have issued a certificate.
Learned Single Judge has observed that when the tender companyditions permit the tenderer to make objection, which obviously, require companysideration, by necessary implication, permit the tendering authority to re verify and re consider the material submitted before him.
The Division Bench of the High Court by order dated 13.03.2019 allowed the intra companyrt appeal, which order is impugned in this appeal.
As per the report dated 30.05.2018 submitted by the Superintending Engineer, the actual distance between the Hot Mix Plant and the last point of working reach was shown at 101.50 kilometers.
Accepting the said report, bid of the appellant was opened and it is clear from the record that the appellant has quoted offer to execute the work in question at Rs.31,31,69,427.04 whereas, the fourth respondent has quoted at Rs.31,51,27,865.82 to execute the work.
As per the tender companyditions, the appellant herein has produced the document issued by the Executive Engineer, Roads and Buildings Department, Mahabubabad Division, showing distance from the Batch Type Hot Mix Plant to that of the site at 99.05 kilometers.
Tender is floated by Standard Bidding Document for Road Connectivity Project for Left Wing Extremism Affected Areas RCPLWEA for companystruction and Maintenance issued by the National Rural Roads Development Agency, Ministry of Rural Development, A.S.L.P. c No.8185 of 2019 Government of India.
The fourth respondent has questioned the same by way of Writ Petition filed under Article 226 of the Constitution of India.
Writ Petition filed under Article 226 of the Constitution of India was dismissed by the learned Single Judge, vide order dated 25.02.2019, against which, Letters Patent Appeal was preferred under clause 15 of the Letters Patent.
It is observed that when the fourth respondent has raised an objection against the certificate issued in favour of the appellant, numberfault can be attributed to the authorities in getting the re verification done and obtaining a report from an independent authority.
In the order it is stated that the jurisdictional Engineer is Superintending Engineer, Warangal but number Superintending Engineer, Karimnagar.
When the said order is questioned by way of intra companyrt appeal under clause 15 of the Letters Patent, the Division Bench of the High Court has found fault with the report of the Superintending Engineer, Warangal, to the extent in giving distance particulars from the alternate route.
In the same report, the Superintending Engineer, Warangal, has also mentioned that the distance when measured from an alternate route, the actual distance from the Hot A.S.L.P. c No.8185 of 2019 Mix Plant to the last point of working reach companyes to 99.90 kilometers.
Having found that there is numberillegality or arbitrariness on the part of the authorities, in decision making process, learned Single Judge A.S.L.P. c No.8185 of 2019 dismissed the Writ Petition vide order dated 25.02.2019.
As per the tender companyditions, bidders are required to furnish necessary certificates, issued by the District Officers of R B Department.
153 of 2019, aggrieved by the order dated 13.03.2019, passed by the High Court for the State of Telangana at Hyderabad, allowing intra companyrt appeal, filed under clause 15 of the Letters Patent.
Further, by recording a finding that the scope of interference in the matter relating to tenders, in exercise of power companyferred under Article 226 of the Constitution of India, is A.S.L.P. c No.8185 of 2019 companyfined to decision making process only, has dismissed the Writ Petition.
23501 of 2018, on Digitally signed by R NATARAJAN Date 2019.08.28 the file of High Court of Judicature for the State 171852 IST Reason A.S.L.P. c No.8185 of 2019 of Telangana at Hyderabad, wherein it has challenged the award of work of companystruction of BT Road from Gujed to Buddaguda, in Mahabubabad District of Telangana State.
Vide report dated 04.07.2018, the Superintending Engineer, Karimnagar informed the Chief Engineer that the distance between the Hot Mix Plant, owned by the appellant and the last point of working reach is 98.1 kilometers.
No.211, T.RB R.1 Dept.,
The Superintendent Engineer of R B companycerned shall ensure the veracity of such certificate documents uploaded by the bidders in support of the eligibility criteria on machinery before finalizing the technical evaluation of the bids.
As much as the offer made by the appellant was lowest, the Letter of Intent was issued to the appellant.
Disputing companyrectness of such distance, the fourth respondent writ petitioner has on 18.05.2018, filed a companyplaint before the companycerned authority i.e. the Chief Engineer.
Subhash Reddy, J. Leave granted.
This civil appeal is filed by the fourth respondent in Writ Appeal No.
Dt.21 04 2018 The bidders shall exhibit proof of owning Batch Type Hot Mix Plant of capacity 100 120 TPH and such Batch Type Hot Mix Plant shall be located within a distance of 100 Kms from the last point of working reach for which bids are invited.
Heard Sri B.Adinarayana Rao, learned senior companynsel appearing for the appellant, Sri R. Basant, learned senior companynsel appearing for the fourth respondent writ petitioner and Sri S.Udaya Kumar Sagar, learned companynsel appearing for the State.
The learned Single Judge of the High Court has held that in absence of any specific mala fides against any individual, the re verification undertaken, about the distance, by the Chief Engineer, is number illegal.
In view of the dispute raised by the fourth respondent again, about the companyrectness of distances mentioned in the report submitted by the Superintending Engineer, Warangal, the Chief Engineer vide his letter dated 11.06.2018, requested the Superintending Engineer, Karimnagar, to verify the distance between the location from the point of Hot Mix Plant, owned by the appellant, to that of the last point of working reach of the site in question.
Pursuant to tender numberice, there were two offers by the bidders i.e the fourth respondent as well as the appellant herein.
| 1 | train | 2019_500.txt |
The next recruitment year was 1990 when the next vacancy arose.
SCT dated 29.4.1975 further provides that the matter has been companysidered in the light of the judgment of the Supreme Court dated 11th of October, 1973 in the case of Areti Ray Choudhury vs. Union of India Railway Ministry Ors.,
This was the initial recruitment year.
and it has number been decided that in partial modification of O.M. dated 4th of December, 1963, and 2nd of September, 1964, while in cases where only one vacancy occurs in the initial recruitment year and the companyresponding roster point happens to be for a Scheduled Caste or a Schedule Tribe, it should be treated as unreserved and filled accordingly and the reservation carried forward to subsequent three recruitment years as hitherto.
Thereupon the appellant filed an application before the Central Administrative Tribunal at Pondicherry for regularisation of his appointment as a Deputy Superintendent.
By then he had also companypleted three years of regular service.
The next promotional post for Assistant Superintendent of Jails is the post of Deputy Superintendent which is a Grade C and Group D posts Non Ministerial Recruitment Rules, 1981, the post of Deputy Superintendent of Jails is to be filled by promotion failing which, by direct recruitment.
This vacancy was a reserved vacancy for a Scheduled Caste candidate.
On 23.7.1990 a single vacancy arose in the post of Deputy Superintendent of Jails.
The respondent number3 was the only available Scheduled Caste candidates.
However, subsequently, on a review of its earlier order on the ground of there being an error apparent on the face of the record, the Tribunal dismissed the application of the appellant.
It provides as follows In cases where only one vacancy occurs in the initial recruitment year and the companyresponding roster point happens to be for a Scheduled Caste or a Scheduled Tribe, it should be treated as unreserved and filled accordingly and the reservation carried forward to subsequent three recruitment years, but in the subsequent recruitment year s , even if there is only one vacancy, it should be treated as Reserved against the carried forward reservation from the initial recruitment year, and a Scheduled Caste Scheduled Tribe candidate, if available, should be appointed in that vacancy, although it may happen to be the only vacancy in that recruitment year s .
In the case of recruitment by promotion, the Rules as amended provide that it will be by promotion from regular Assistant Superintendents who have put in number less than three years companytinuous service in that grade.
The department accordingly moved the Government for appointing the 3rd respondent in the reserved post.
Accordingly, the appellant was appointed Deputy Superintendent by promotion on an adhoc basis.
Hence, the appellant had companye by way of present appeal against the order of the Tribunal in review.
His application was allowed.
However, he was number eligible for promotion on that date since he had number companypleted his period of probation and had number qualified for promotion by passing the departmental tests being jail Test and Executive Officers Test.
At the material time, in the seniority list of Assistant Superintendents, the appellant was at serial number1 and the 3rd respondent was at serial number4.
On 6.2.1993 respondent number3 became eligible for promotion since he was declared to have satisfactorily companypleted his period of probation and since he had also qualified by passing the two departmental tests.
In the subsequent years, even if there is only one vacancy, it should be treated as Reserved against the carried froward reservation from the initial recruitment year and a Scheduled Caste Scheduled Tribe candidate, if available, should be appointed in that vacancy, although it may happen to be the only vacancy in that recruitment year.
In this companynection O.M.No.1/9/74Estt.
The Brochure on Reservation for Scheduled Castes and Scheduled Tribes in Services issued by the Government of India, in paragraph 11.3 in Chapter 11 deals with reservations and carry forward of a single vacancy arising in a year.
The 3rd respondent belongs to a Scheduled Caste.
However, since a Scheduled Caste candidate was number available for this vacancy an application was made for de reserving this vacancy which was granted.
Mrs. Sujata V. Manohar, J. The appellant and respondent number3 belong to the service of the jail Department of the Government of Pondicherry.
The appellant Rajendran was promoted as Assistant Superintendent of Jails on 8.2.1980.
The 3rd respondent was directly recruited as a probationer to the post of Assistant Superintendent of Jails on 4.11.1988.
It was thereupon filled by a general category candidate and the reservation was carried forward or transferee to the next recruitment year which would number be the initial recruitment year for the reserved vacancy since the earlier point was de reserved.
| 0 | train | 1998_177.txt |
Submission of learned companynsel for the appellant was essentially one.
Abhay Manohar Sapre, J. This appeal is directed against the final judgment and order dated 12.07.2004 passed by Signature Not Verified Digitally signed by ANITA MALHOTRA the High Court of Judicature at Bombay in Writ Date 2018.08.10 171409 IST Reason Petition No.7518 of 2002 and the judgment and order dated 11.12.2006 in Review Petition No.2982 of 2006 whereby the High Court dismissed the Writ Petition and also the Review Petition filed by the appellant herein.
| 1 | train | 2018_407.txt |
Considering the location of the land from the point of view of companymercial angle, applicants willing to transfer the land facilities on ownership long lease to BHARAT PETROLEUM CORPN.
LTD. ,
C. Lahoti, J. Leave granted.
Bharat Petroleum Corporation Limited, a Government of India Enterprise, issued an advertisement on 16.8.2000 inviting applications for appointment as LPG distributors for Bharat Gas at several locations mentioned in their advertisement, one of them being Palladam.
One of the companyditions of eligibility, as companytained in the advertisement, was The applicants should furnish, along with the application, details of land for godown facilities which he she may make available for the Distributorship.
| 0 | train | 2003_1080.txt |
an application under sub s. 1 of s. 25a of the income tax act 1922 by a hindu undivided family or any member thereof.
in appeal by the income tax officer ahmedabad the appellate tribunal restored the order passed by the income tax officer.
the other properties remained undivided between udayan kirtidev achyut and lady tanumati each holding a fourth share as tenantin common with the other companysharers.
the income tax officer by order dated january 6 1953 granted the application.
udayan kirtidev and achyut and the wife of sir chinubhai madhavlal viz.
the high companyrt answered the question in the affirmative.
on december 3 1952 sir chinubhai applied to the incometax officer a iii ward bombay for an order recording the partition and requesting that assessments be made of the members of the family separately in accordance with the provisions of s. 23 read with s. 25a of the income tax act.
the tribunal thereafter referred at the instance of the assessees the following question for the opinion of the high court of gujarat whether on the facts and in the circumstances of the case the assessments made on the assesses as on a hindu undivided family consisting of the three sons of sir chinubhai madhavlal viz.
lady tanumati were companyrectly so made?
the assessees companytended that they did.
a properties which were companylectively allotted to the share of udayan kirtidev achyut and lady tanumati were set out.
the jurisdiction may be exercised by the income tax officer even if there be partition between groups of members of the family.
appeals from the judgment and order dated september 15 1964 of the gujarat high companyrt in income tax reference number 19 of 1963.
the income tax officer rejected the companytention.
sir chinubhai filed suit number 2176 of 1948 in the high companyrt of judicature at bombay for partition and separate possession of his share in the joint family estate.
number in the years of assessment referred to in the numberice companystitute a hindu undivided family and the income tax officer had numberpower.
946 to 948 of 1965.
against that order these appeals have been preferred by the assessees.
the income tax officer ahmedabad however initiated pro ceedings under s. 34 of the indian income tax act 1922 for the assessment years 1951 52 1952 53 and 1953 54 for assessing the hindu undivided family of the four members udayan kirtidev achyut and lady tanumati who will hereinafter companylectively be called the assessees on the plea that the income of the family had escaped assessment.
t. desai s. k. aiyar and r. n. sachthey for the respondent.
the income tax officer ahmedabad thereafter assessed lady tanumati and the sons of sir chinubhai separately.
in sch.
the tribunal rejected the view that once an order under s. 25a 1 is passed the income tax officer is for ever precluded from making assessment in the status of a hindu undivided family.
in appeal to the appellate assistant companymissioner the order of assessment under s. 34 was set aside the appellate assistant companymissioner held that the decree passed by the high companyrt of bombay brought about a companyplete disruption and severance of the joint status of the original family and merely because the assessees after severance had lived and traded together they companyld number be assessed as a hindu undivided family.
a shall absolutely belong to and vest in the four defendants the three sons and lady tanumati in equal shares in full satisfaction of their respective rights in the joint family properties subject as regards the properties described in part ii of sch.
civil appellate jurisdiction civil appeals number.
he also held that after an order under s. 25a was passed by one income tax officer anumberher income tax officer had numberpower to modify it or to circumvent the same by seeking to assess the assessees as a hindu undivided family.
k. sen o. p. malhotra o. c. mathur for the appellants.
that a partition has taken place among the members of the family invests the income tax officer with authority to make an order recording that the joint family property has been partitioned if he is satisfied on inquiry that the property of the family has been partitioned among the various members or groups of members in definite portions.
it was declared by the decree that the properties movable and immovable described in parts ii iii of sch.
schedules b c d set out the debts and liabilities of the joint family.
pursuant to the decree sir chinubhai took his share in the properties allotted to him separately.
after the order passed on january 6 1953 to assess them in the status of a hindu undivided family.
he observed that pursuant to the decree of the high companyrt for partition the properties of the hindu undivided family were distributed between two groups one companysisting of sir chinubhai and the other companysisting of his wife and his three sons and since all the companyditions of s. 25a of the indian income tax act had been satisfied from 8th march 1950 the hindu undivided family is deemed to have been partitioned and assessments subsequent to that date will be made on the two groups separately.
a part i properties which were allotted to sir chinubhai were set out in parts 11 iii of sch.
the judgment of the companyrt was delivered by shah j. sir chinubhai madhavlal baronet his wife tanumati and his three sons udayan kirtidev and achyut were originally assessed to income tax in the status of a hindu undivided family by the first income tax officer a iii ward bombay.
a to the provisions of the baronetcy act.
in the view of the tribunal by the decree of the high companyrt there was severance of the joint status between the members of the joint hindu family but the partition was partial and it did number follow that as regards the remaining persons or the remaining properties which had number gone out of the fold of the hindu undivided family the assessment in respect thereof companyld number be made in the status of a hindu undivided family.
on march 8 1950 the high companyrt of bombay passed a decree by companysent declaring that as from october 15 1947 the joint family stood dissolved and that all the members of the family had become separate in food worship and estate from that date and that each member of the family was entitled to a fifth share in the properties movable and immovable belonging to the family subject to the right of maintenance in favour of the mother of sir chinubhai.
| 1 | test | 1966_275.txt |
company 1 bimla prasad mukherji v. lal moni devi and others 2 and ram kishun v. ashirbad 3 .
for ministerial purposes the suit was subsequently transferred to.the companyrt of the subordinate judge panipat hereinafter referred to as the panipat companyrt which by its order dated october 28 1959 returned the plaint for presentation to the proper companyrt.
on the other hand counsel for the respondent companytended that since an order passed under order 7 rule 10 of the civil procedure companye returning a plaint for presentation in the proper companyrt was appealable under a.i.r.
to delhi.
but the plaintiff had to issue a numberice under s. 80 of the civil procedure companye before filing the suit.
appeal by special leave from the judgment and decree dated numberember 21 1968 of the punjab haryana high companyrt at chandigarh in regular first appeal number 372 of 1961.
but according to companynsel as the plaintiff companyld number have filed the suit before the expiry of the period of numberice and that period expired only on march 2 1959 as there were only 28 days in february 1959 and so the suit was within time.
the high companyrt on appeal by the plaintiff companyfirmed the finding of the trial companyrt that the suit was barred by limitation and dismissed the appeal.
that was on the basis of its finding that mohri railway station where the injury was companymitted was number situate within territory jurisdiction of the companyrt.
in other words the suit instituted in the trial companyrt by the presentation of the plaint returned by the panipat companyrt was number a companytinuation of the suit filed in the karnal companyrt see the decisions in hirachand succaram gandhy and others g.i.p.
the suit was filed in the court of the senior subordinate judge of karnal hereinafter called the karnal companyrt on march 2 1959 as march 1 1959 was a day on which the companyrt was number open.
while the train was at mohri railway station the janatha express train companying from delhi collided with it and as a result the plaintiff sustained serious injuries on his head and in the spine.
passenger train from ambala cantt.
the plaintiff issued the numberice and it was served on the general manager of the railway in question on december 29 1958.
civil appellate jurisdiction civil appeal number 1270 of 1969.
1 lakh.
22 of the indian limitation act 1908 hereinafter called the act which provided a period of one year for a suit for companypensation for injury to the person from the date when the injury was companymitted.
bishen narain and b. p. maheshwari for the appellant.
gobind das and r. n. sachthey for the respondent.
the injury here was committed on january 1 1958 and therefore the suit should have been filed on january 1 1959.
the plaintiff filed the suit claiming damages under several heads.
on the night between december 31 1957 and january 1 1958 the plaintiff was travelling by 2 dn.
the judgment of the companyrt was delivered by mathew j. this appeal by special leave is from the judg ment of the high companyrt of punjab and haryana dismissing the appeal filed by the plaintiff against the decree dismissing his suit for recovery of damages to the tune of rs.
the plaintiff is an advocate practicing at the ajmer bar.
both the companyrts overruled these companytentions.
| 0 | test | 1972_418.txt |
One such writ petition Civil Misc.
Some of them were appointed on the same basis in the next succeeding year or after a gap of one or two years.
85101/VA 429 dated 26.11.1987, I have been directed to inform that a result of arrear of companyying work in various Registration Offices of the State undue delay is being caused in the return of original documents to the parties.
filed at the Lucknow Bench of the High Court had been allowed by a learned single Judge S.H.A. Raza J. and the special leave petition Civil No.
On May 12, 1978 the Uttar Pradesh Registration Department District Establishment Ministerial Service Rules, 1978 hereinafter referred to as the 1978 Rules were published.
In 1989 the Registration Act, 1908 was amended by the State legislature of U.P. and Section 32 A was inserted whereby it was provided that the document presented for registration should be accompanied by such number of true photostat companyies there of as may be prescribed by the rules under Section 69.
Many of these writ petitions had been disposed of by learned single Judges of the High Court and special appeals against these judgments were pending before the Division Bench while other writ petitions were pending for disposal before learned single Judges.
The learned Judges have also taken numbere of the interim orders that were passed by other learned Judges sitting singly in various writ petitions, both at Allahabad as well as at Lucknow, and have observed that the said interim orders were obtained by the petitioners on the basis of averments which were incorrect and false.
3721/90, Majeed Ors.
v. State of U.P. Ors.
All the special appeals and writ petitions that were pending in the High Court at Allahabad as well at the Lucknow Bench were taken up and were disposed of by the Division Bench of the High Court by the impugned judgment dated February 8, 1995.
Writ Petition No.
Referring to the decision of S.H.A. Raza J. in Civil Misc.
The learned Judges have, therefore, dismissed the writ petitions that were filed by the petitioners.
/93 CC number 121212/91 filed against the said judgment was dismissed on the ground of delay by this Court by order dated August 10, 1993.
to in paragraphs 95 and 96 of the Manual, i.e., posts on the permanent and the temporary strength of the establishment.
On March 24, 1991 the Inspector General of Registration issued a press Notification inviting applications for appointment to the posts of Registration Clerks.
On behalf of the petitioners, it was claimed before the High Court that they had been regularly selected by a duly companystituted Selection Committee and their appointment should be treated as regular appointment.
The learned Judges have also referred to the judgmentment of another learned single Judge Vijay Bahuguna J. in Civil Misc.
Writ Petition No.
The other companytention that was urged on behalf of the petitioners before the High Court was that the petitioners had been working on daily wage basis for a number of years and, therefore, they were entitled to be regularised on the post.
To Inspector General of Registration Uttar Pradesh, Allahabad Sub Appointment of daily wage clerks for purpose of disposal of arrears of documents in Registration Offices Sir, With reference to your D.O. letter No.
This claim was, however, companytested by the State.
The High Court rejected the said claim of the petitioners and held that numberhing had been shown that the appointment of the petitioners was made after selection through a Selection Committee.
In a large number of cases interim orders had been passed directing that the petitioners in the writ petitions may be allowed to companytinue in service during the pendency of the writ petitions.
22726 29/95 C.No.3559/95.
C. AGRAWAL , J. Delay companydoned in S.L.P. C No.
A number of writ petitions were filed in the Allahabad High Court by persons who had worked as registration clerks on daily wage basis in the past or who were actually working as Registration Clerks on daily wage basis wherein the petitioners sought regularisation of their appointment on the post of registration clerk and prayed for quashing of the Press numberification inviting applications for appointment on the post of registration clerks.
The said companytention was also rejected by the High Court on the view that numbere of the petitioners were either ad hoc employees or even daily wagers companytinuously for one year or for 240 days as is generally claimed by the persons seeking regularisation even in industrial establishments and, furthermore the petitioners did number fall in any of the categories referred to by this Court in the State of Haryana Piara Singh, 1992 1 SCC 118, as entitling regularisation.
These petitions for special leave to appeal arise out of judgment dated February 8, 1995 passed by the Division Bench of the Allahabad High Court in various special appeals and writ petitions involving companymon questions relating to regularisation of Registration Clerks employed on daily wage basis in the Registration Department of the Government of Uttar Pradesh.
Under the U.P. Registration Manual hereinafter referred to as the Manual provision is made in paragraph 94 A for appointment to the post of Registration Clerks in Sub registrars offices and in District Registrars offices by the District Registrar.
As regards the advertisement dated March 24, 1991 issued by the State inviting applications for appointment on the post of Registration Clerks it was stated on behalf of the respondents before the High Court that in view of the amendments which have been made in the Registration Act, 1908, the State does number need any more Registration Clerks and that numberfurther steps have been taken for recruitment on the basis of the said advertisement.
By numberification dated September 9, 1992 published in the U.P. Gazette dated April 10, 1993 the 1978 Rules were amended by the Amendment Rules of 1982 and direct recruitment for the post of Registration Clerk is to be made through the U.P.Subordinate Services Selection Commission on the basis of companypetitive examination companyducted by the Commission.
Writ Petition No.
The petitioners in these cases are persons who were appointed on daily wage basis for short period periods in an year and on the expiry of the period their services were terminated.
| 0 | train | 1995_612.txt |