L-NLProc/TathyaNyaya-and-FactLegalLlama-NyayaScrape-Datasets huggingface dataset:
Common Cause (A Regd. Society) vs Union Of India And Others

(e) Any breach of the aforesaid directions by any person would, apart from entailing other legal consequences, be dealt with as contravention of the conditions of the permit which could entail suspension/cancellation of the permit and impounding of the vehicle.

(f) Every holder of a permit issued by any of the road transport authorities in the NCR and NCT, Delhi will within ten days from today, file with its RTA a list of drivers who are engaged by him together with suitable photographs and other particulars to establish the identity of such persons. Every vehicle shall carry a suitable photograph of the authorized driver, duly certified by the RTA. Any vehicle being driven by a person other than the authorized driver shall be treated as being used in contravention of the permit and the consequences would accordingly follow.

(c) They will also ensure that wherever it exists, buses shall be confined to the buss lane and equally no other motorized vehicle is permitted to enter upon the bus lane. We direct the Municipal Corporation of Delhi, NDMC, PWD, Delhi Government and DDA, Union Government and the Delhi Cantt. Board to take steps to ensure that bus lanes are segregated and roads markings are provided on all such roads as may be directed by the police and transport authorities.

B. We direct the Union of India to ensure that the contents of this Order are suitably publicized in the print as well as the electronic media not later than November 22, 1997 so that everybody is made aware of the directions contained in the Order. Such publication would be sufficient public notice to all concerned for due compliance".

23. We respectfully agree with the views stated above.

(emphasis supplied)

(emphasis supplied)

47. The worst result of judicial activism is unpredictability. Unless Judges exercise self restraint, each Judge can become a law unto himself and issue directions according to his own personal fancies, which will create chaos.

(see Cardozo's 'The Nature of the Judicial Process')

55. These problems (e.g. poverty, unemployment, price rise, corruption, lack of education, medical aid and housing, etc.) are so massive that they can only be solved by certain historical, political and social forces that can only be generated by the people themselves using their creativity and scientific thinking.

59. Unfortunately, the truth is that PILs are being entertained by many courts as a routine and the result is that the dockets of most of the superior courts are flooded with PILs, most of which are frivolous or for which the judiciary has no remedy. As stated in Dattaraj Nathuji Thaware's case (supra), public interest litigation has nowadays largely become 'publicity interest litigation', 'private interest litigation', or 'politics interest litigation' or the latest trend 'paise income litigation'. Much of P.I.L. is really blackmail.

61. With the above observations, the Writ Petition is dismissed.
M/S Electrical Manufacturing Co.Ltd vs M/S Power Grid Corp.Of India Ld.& Anr

7. On 8.1.2008 and 9.1.2008, bids were opened for the above mentioned packages, respectively. In both the petitioner was declared the Lowest Quoted Bidder (L1).

21. If the bidder has surveyed, optimized tower locations, erected and strung with tension stringing equipment, the requisite length of transmission lines, but these transmission lines do not function, surely it cannot be said there was satisfactory completion of these transmission lines. In our opinion the expression `Satisfactory Completion' govern sub clause (i) of Clause 1.1 also. Hence mere surveying, optimizing tower locations, erecting and stringing with tension stringing equipment the requisite length of transmission lines will not be enough to give the necessary technical experience because it is possible that even after doing the above work the transmission lines may not function. Unless after doing the above works the line is tested and found to be successfully functioning it surely cannot be said that there was satisfactory completion of the transmission lines.

23. Thus there is no force in this appeal and it is dismissed. No costs. 10

...J. (Markandey Katju) New Delhi;

February 09, 2009
Dharappa Sangappa Nandyal vs Bijapur Co-Operative Milk Producers ...

2. The appellant claims that he was employed as a daily-wage labourer in the Rural Dairy Centre, Bijapur, on 13.5.1977. He further alleges that he worked continuously and uninterruptedly till his services were illegally terminated with effect from 1.3.1980. The appellant did not challenge his termination.

4. The respondent (Karnataka Milk Federation, Unit : Bijapur) filed an objection statement contending that it came into existence and took over the Rural Dairy Centre, Bijapur, long after the alleged termination of appellant by Rural Dairy Centre, Bijapur. The respondent denied the claim of the appellant that he was a daily wage worker between 13.5.1977 and 1.3.1980 and that his services were termination in violation of section 25F of the ID Act.

5. The appellant gave evidence and produced a certificate dated 19.2.1978 allegedly issued by the Dairy Supervisor, Rural Dairy Centre, Bijapur, certifying that he had worked as a casual labourer from 13.5.1977 to 19.2.1978. None was examined on behalf of the respondent to deny the said certificate. On consideration of the material, the Labour Court accepted the said service certificate, but did not accept his further self-serving statement that he worked up to 1.3.1980 as such claim was not supported by any document. The Labour Court made an award dated 15.10.1996 directing reinstatement, holding that Appellant had worked for more than 240 days in the year preceding termination (13.5.1977 to 19.2.1978), and the termination of his service, without complying with section 25F of ID Act, amounted to illegal retrenchment. However, as there was an inordinate delay of 10 years in filing the claim statement, the Labour Court awarded only 50% back- wages in addition to continuity of service and consequential benefits. The respondent challenged the said award in W.P. No.7227/1997.

23. We therefore hold that the award of the Labour Court was not without jurisdiction. We, however, make it clear that this decision shall not be applied to re-open matters decided relying on Veerashiva Co-operative Bank and Karnataka Sugar Workers Federation, which have attained finality.

Re : Question (ii)

1988, the outer limit for making an application under Section 10(4A) is six months from the date of communication of the order.

31. We, therefore, find no reason to interfere with the final order in the judgment of the High Court setting aside the award, though for different reasons. The appellant is not entitled to any relief. The appeal is, therefore, dismissed. Parties bear respective costs.
Union Of India vs M/S Unicorn Industries

It further directed the Investment Appraisal Committee to give an opportunity of hearing to the appellant before it (respondent herein) so that it can prove the amount it had actually invested in the specified items for availing the benefits under the earlier notifications and further directed that if the appellant proves that it had actually invested the amount, the respondent authorities shall refund to the appellant so much of the excise duty to which the appellant therein would be entitled as per the earlier notifications.

As with all cancers, early diagnosis is important for successful treatment of oral cancer, as its prognosis is still very poor. There is, nowadays, a strong drive to apply proteomics technology to molecular diagnosis of cancer. Expression profiling of tumour tissues, molecular classification of tumours and identification of markers to allow early detection, sensitive diagnosis and effective treatment are now being explored for oral cancers. Genes with significant differences in expression levels between normal, dysplastic and tumour samples have been reported and this should help in better understanding the progression of oral squamous cell carcinoma (Kuo et al., 2002; Leethanakul et al., 2003).

36. As already discussed hereinabove, we have no hesitation to hold that the withdrawal of the exemption to the pan masala with tobacco and pan masala sans tobacco is in the larger public interest. As such, the doctrine of promissory estoppel could not have been invoked in the present matter. The State could not be compelled to continue the exemption, though it was satisfied that it was not in the public interest to do so. The larger public interest would outweigh an individual loss, if any. In that view of the matter we find that the appeals deserve to be allowed. Civil Appeal arising out of S.L.P.(C) No. 36926 of 2012:

37. The appeal is allowed. The judgment and order passed by the High Court of Sikkim dated 11.05.2012 is quashed and set aside.

38. No order as to costs.

Civil Appeal Nos. 2345 of 2017 and 2346 of 2017:

39. The appeals are allowed. The judgments and orders passed by the Appellate Bench of the Gauhati High Court dated 20.04.2016 and 25.05.2016 are quashed and set aside. The Order passed by the learned Single Judge dated 10.12.2010 dismissing the writ petitions is upheld. 32

40. No order as to costs.

SEPTEMBER 19, 2019.
M/S. I.O.C.L vs Commissioner Of Central Excise, ...

3. The Ahmedabad Electricity Company Ltd. had obtained a registration certificate in Form CT-2 under Rule 192 of Chapter X of the Rules and on the strength of such registration certificate, purchased RCO from the appellant availing the exemption from excise duty under Notification No. 75/84 dated 01.03.1984 (for short `the exemption notification'). The registration certificate obtained by the 4 Ahmedabad Electricity Company Ltd. expired on 31.12.1995 and a fresh registration was granted in its favour on 26.06.1996. After issuing two show-cause notices, the Assistant Commissioner of Central Excise passed two orders demanding excise duty of Rs. 32,35,485/- from the appellant for RCO supplied to the Ahmedabad Electricity Company Ltd. during the period 01.01.1996 to 25.06.1996 on the ground that the said company did not have a registration certificate in Form CT-2 under Rule 192 of Chapter X of the Rules during this period and, therefore, the RCO supplied by the appellant to the Ahmedabad Electricity Company Ltd. during this period was not exempt from excise duty. The appellant paid the excise duty and subsequently applied for refund contending that the registration certificate in Form CT-2 had been obtained by the Ahmedabad Electricity Company Ltd. on 26.06.1996.

The refund claims were rejected by the Assistant Commissioner. Thereafter, the appellant filed appeals before the Commissioner of Central Excise (Appeals) who confirmed the demands of excise duty for the period from 01.01.1996 to 25.06.1996. The appellant then filed three 5 appeals before the Tribunal against the orders of Commissioner of Central Excise (Appeals) confirming demand and the order rejecting the refund claim. By the impugned order, the Tribunal dismissed the appeals saying that as the statutory requirement of conditional exemption notification had not been complied with by the appellant it was not entitled to the exemption benefit.

9. The appeals are, therefore, dismissed but there shall be no order as to costs.

only.

It will be clear from Para 3 of the Annexure to the exemption notification that the exemption shall be allowed if it has been proved to the Central Excise Officer having jurisdiction that the goods are cleared for the intended use specified in column 3 of the table. In addition to this condition, there is a further condition in Para 4 of the Annexure to the exemption notification that where the intended use is elsewhere than the factory of production, the exemption shall be allowed if the procedure set out in the 2001 Rules is followed. We, therefore, do not accept the submission of Mr. Yadav that as the Naphtha cleared from the factory of the appellant has been used for manufacture of fertilizer, the appellant would be entitled to exemption even if the condition specified in Para 4 of the Annexure to the exemption notification is not followed.

8. We, therefore, do not find any merit in the appeal and we accordingly dismiss the same. There shall be no order as to costs.
M/S. Rahul Builders vs M/S. Arihant Fertilizers & Chemical & ...

3. As despite receipt of the said notice, Respondent No. 1 did not make any payment, a complaint petition was filed on 11.12.2000. An application was filed by Respondent No. 1 for rejection of the said complaint inter alia on the ground that the notice issued by the appellant was not a valid one. The said application was rejected. A revision application filed thereagainst before the District and Sessions Judge, Neemuch was also dismissed.

13. As in the instant case, no demand was made for payment of the cheque amount, we are of the opinion that the impugned judgment cannot be faulted.

14. For the reasons aforementioned, there is no merit in this appeal which is dismissed accordingly.
Union Of India vs Arun Jyoti Kundu & Ors

2. Claim before the Tribunal was made on the basis that the scales of pay of the respondents herein, working as typists in the Eastern Railways is at par with that of Lower Division Clerks. The Fifth Pay Commission had recommended that typists should be treated at par with clerks and hence the typists have a legitimate right to claim pay at scales enjoyed by Senior Clerks, Head Clerks and Overseers Grade II in respect of the posts of Senior Typists, Head Typists and daily typists respectively. Instead of implementing the recommendations of the Fifth Pay Commission, the appellants have fixed the pay of the respondents at lower scale. When typists were at par with the ministerial staff in the matter of promotion, there was no justification for not treating Senior Typist, Head Typist and the Chief Typist at par with Senior Clerk, Head Clerk and Overseer Grade II. The claim was opposed by the Union of India by pointing out that the recommendations of the Fifth Pay Commission regarding pay had been duly implemented to the extent accepted but that the cadre of typists had not been merged in the cadre of clerks. When a grievance was put forward, the question was examined by the Anomaly Committee and in respect of English Typists and Hindi Language Typists, relief was granted with effect from 31.1.2000 that it was not within the purview of the Central Administrative Tribunal to re-fix the pay scales or to issue directions to merge the cadre as sought for by the respondents and that the applications were liable to be dismissed.

4. The Fifth Central Pay Commission had gone into the pay scales of various categories of employees in the Railways also. The Pay Commission had generally recommended equivalent revised scales of pay for the existing scales of pay except where it had thought it necessary to effect improvement on the basis of recruitment qualifications, nature of work and so on. On the recommendations of the Fifth Pay Commission the Government of India had revised the scales of pay of its employees with effect from 1.1.1996. When certain organizations of employees made complaints of alleged anomalies in the revised pay scales, the Government of India had constituted Anomalies Committees at the national and departmental levels. The typists in the Railways had also complained of certain anomalies and those grievances were considered by the Departmental Anomalies Committee. On the basis of the report of the Anomalies Committee, typists in English and Hindi language were given relief but with effect from 31.1.2000. It is being dissatisfied with this that the typists approached the Central Administrative Tribunal, Calcutta.

15. We are, therefore, of the view that the Central Administrative Tribunal has exceeded its jurisdiction in issuing the directions it has issued and the High Court was in error in not setting them aside. We, therefore, allow these appeals and setting aside the decision of the High Court and that of the Central Administrative Tribunal dismiss the original applications filed before the Central Administrative Tribunal, Calcutta. We direct the parties to suffer their respective costs.
K.P. Mohammed Salim vs Commissioner Of Income-Tax, Cochin

A search was conducted by the Officers of the Income Tax Department in the residence as also in the business premises of the assessee, his sons and other associates, consequent whereupon, it was proposed to transfer the cases pertaining to the assessee to the Income Tax (Inv.) Circle, Calicut to facilitate effective and coordinate investigation. An order was passed to that effect by the Chief Commissioner of Income Tax, Bangalore under Section 127(2) of the Act. A notice was issued by the Assessing Officer under Section 158BC of the Act to file a return setting forth the total income including the undisclosed income for the block period. The assessee filed a writ petition in the High Court of Karnataka challenging the said order of transfer of cases passed by the Chief Commissioner of Income Tax. The said writ petition was dismissed. Writ Appeals preferred thereagainst were also dismissed. A notice was thereafter issued by the assessing authority asking the assessee to file a return setting forth the total income including the undisclosed income for the block period. Pursuant thereto, the return was filed. The purported undisclosed income of the assessee was determined. The said order of the Assessing Officer, Calicut was challenged on the ground that he had no jurisdiction to make the block assessment as the authority therefor remained with the Assessing Officer originally having the jurisdiction over the assessee.

10. We have no hesitation in arriving at the conclusion that the power under Section 127 can also be exercised in respect of a block assessment. For the reasons aforementioned, we find no merit in these appeals. The appeals are dismissed accordingly with costs. Counsel's fee assessed at Rs.25,000/- (Rupees twenty five thousand only).
Chirag M. Pathak vs Dollyben Kantilal Patel

3) Facts of the case and the issues involved in these appeals are short. They, however, need mention hereinbelow to appreciate the controversy.

4) Six FIRs were registered in different Police Stations in the State of Gujarat against six different Co-Operative Housing Societies for commission of various offences alleged to have been committed by the President, Office Bearers and other persons of the six Societies under Sections 406, 409, 420, 465, 467, 468, 471,120-B and 477-A of the Indian Penal 2 Code, 1908 (hereinafter referred to as “IPC”). The details of these six FIRs are as under:

Having noticed few significant distinguishing features in six FIRs mentioned above, the submission has no merit.

32) In view of foregoing discussion, we cannot concur with the reasoning and the conclusion arrived at by the High Court in the impugned judgment. The appeals thus succeed and are allowed. The impugned judgment is set aside.

34) Needless to say that when all the six cases are filed in the concerned Courts, they would be clubbed together and tried by one competent Court in accordance with law.

35) The parties are at liberty, at an appropriate stage, to move to the High Court with a prayer to club and then transfer all the six cases to one competent Court. The High Court would accordingly pass appropriate orders of clubbing and transferring all the six cases to one Court as it may deem fit and 21 proper to enable the said Court to dispose of all the six cases in accordance with law. Special Leave Petition (Crl.) Nos.869-878 of 2014 In view of the above judgment rendered in appeals arising out of S.L.P.(Crl.)Nos.1218-1227 of 2014, these special leave petitions are disposed of.

November 15, 2017 22
T.S. Ramachandra Shetty vs Chairman, Karnataka Housing Board & Anr

The Land Acquisition Officer had granted compensation at the rate of Rs.17,500/- per acre. The Reference Court on appeal enhanced the amount from Rs.17,500/- to Rs.2,17,800/- per acre. This amount was calculated at the rate of Rs.5/- per square feet. The Karnataka Housing Board aggrieved by the said judgment preferred appeal before the High Court of Karnataka. The Division Bench of the Karnataka High Court while taking into consideration all the facts reduced the amount of compensation from Rs.2,17,800/- to Rs.1,30,680/- per acre. This amount of compensation has been calculated at the rate of Rs.3/- per square feet. In the impugned judgment, the High Court has mentioned that the claimant-appellant herein himself had purchased the land in question on 24.3.1986 for Rs.45,000/- which is based on calculation at the rate of Rs.1.75 per square ft.

The High Court in the impugned judgment observed that after giving reasonable deductions towards development charges, the market rate can be safely taken as Rs.3/- per square feet since this price was even suggested for the lands in question even by the respondent - Housing Board to the claimant-witness. The High Court granted compensation at the rate of Rs.3/- per square feet. The compensation in this case worked out to be Rs.1,30,680/- per acre. The High Court 4 also observed that the appellant - land owner will also be entitled to other statutory benefits and interest as per the provisions contained under sections 23 and 28 of the Act.

Similarly, in the instant case, only an year ago, the appellant himself purchased this very piece of land for Rs.45,000/- and after an year, the State has given compensation of Rs.1,30,680/-, which cannot be said to be inadequate by any stretch of imagination. The Reference Court was not justified in enhancing the amount of compensation to Rs.2,17,800/-. There is no basis whatsoever. In our considered opinion, the view which has been taken by the High Court in the impugned judgment is based on settled legal position of law, as indicated in some of the cases noted above. No 9 interference is called for. These appeals being devoid of merits are accordingly dismissed, leaving the parties to bear their own costs.

January 22, 2009.