L-NLProc/TathyaNyaya-and-FactLegalLlama-NyayaScrape-Datasets huggingface dataset:
Shakuntala Bai & Ors vs Mahaveer Prasad

2. The facts in bare minimum as offered by the rival pleadings, are that the predecessor-in-interest of the Respondent No.1, Velchand had two sons, Amba Lal and Kanhaiya Lal. Respondent No. 1, Mahaveer Prasad was the son of Amba Lal who died in 1956. The other siblings of Respondent No. 1 were Shanti Lal, Chhabi Lal and Shakuntala Bai, the Appellant No. 1 herein. Chhabi Lal died leaving behind Shakuntala Jain, the Appellant No. 2, his widow and daughter Vishakha Jain, Appellant No.

3. The Respondent No. 1 was taken in adoption by Kanhaiya Lal, who had no son, in the year 1962, and a registered deed of adoption was executed on 30.10.1962. Kanhaiya Lal died on 06.01.1992 leaving besides his adopted son, Respondent No. 1, Mahaveer Prasad, his wife Sohanbai and his daughter Kantabai. Sohanbai died on 01.03.2001 and Kantabai on 25.11.2007 leaving behind two daughters, named Vijay Lakshmi and Kanchan Devi, Appellant No. 4 and 5 respectively. In due course, the name of Kantabai who had died during the pendency of the instant appeals, was deleted from the array of the parties.

3. The respondent No. 1, Mahaveer Prasad, filed an application before the learned Trial Court under Section 372 of the Indian Succession Act 1925 (for short hereinafter referred to as ‘the Act’) for issuance of succession certificate, to enable him to collect the rent from the tenants of the ground floor and basement thereunder of the property of Kanhaiya Lal (who was by then dead) situated at Plot No. 2, Bapu Bazar, Udaipur and the deposits in the bank account of the deceased. This was preceded by a Will dated 15.11.1978, which the Respondent No. 1 claimed to have been executed by Kanhaiya Lal, bequeathing property mentioned therein to him. As the records would reveal, this Will was in supersession of earlier Wills dated 01.11.1962 and 23.12.1974. The Respondent No. 1 founded his application for succession of certificate on the Will dated 15.11.1978, which according to him was the last in the line, validly executed by the testator Kanhaiya Lal. While non- applicant No. 1 and 2, Sohanbai (wife of Kanhaiya Lal) and Kantabai (daughter of Kanhaiya Lal) in their written-statement supported the application of the Respondent No.1 and pleaded that the succession certificate may be issued him as prayed for, the non-applicant No. 3 and 4 Chhabi Lal and Shakuntla alleged that the Will dated 15.11.1978 was a fictitious one and asserted that the one dated 23.12.1974, was the last valid Will of Kanhaiya Lal. Non-applicant No. 5 and 6 Vijay Lakshmi and Kanchan Devi, both daughters of Kantabai, did also avowed that the Will dated 15.11.1978 was a fake document and the one dated 23.12.1974 was the last valid Will for the testator above named.

15. The upshot of the above narration is that, the conclusions recorded by the High Court are plausible being based on the materials on record and thus do not warrant any interference in the appeals. On an overall consideration of the pleadings and the evidence adduced, the findings of the learned Trial Court have been rightly reversed. These appeals thus fail and are dismissed.

16. No cost.
Gurdev Singh & Ors vs State Of Punjab

Conviction of the appellants of Criminal Appeal No.977 of 2000 is based upon the evidence of two eye-witnesses, namely P.W.2 [Balaur Singh] and P.W.3 [Chand Singh]. We have been taken through the evidence of these witnesses and, according to us, they have consistently supported the prosecution case disclosed in the First ....2/-

Having perused the judgements rendered by the two courts below, we are of the view that the judgement of acquittal in relation to accused Gurdev Singh, Harpal singh and Jugraj Singh suffered from the vice of perversity; as such, the High Court was quite justified in interfering with the same. So far as accused Balbir Singh and Ajmer Singh are concerned, it appears that the view taken by the Trial Court was a possible one and benefit of doubt could have been given to them; as such, the High Court confirmed the same. We are of the view that the prosecution has succeeded in proving its case beyond reasonable doubt against accused Gurdev Singh, Harpal Singh and Jugraj Singh. The order of acquittal and its confirmation by the High Court in relation to accused Balbir Singh and Ajmer Singh cannot be said to be perverse in any manner. In view of these facts, we do not find any ground to interfere with the impugned order. In the result, the appeals fail and the same are dismissed.

Bail bonds of the three appellants of Criminal Appeal No.977 of 2000, namely, Gurdev Singh, Harpal Singh and Jugraj Singh, who are on bail, are cancelled and they are directed to be taken into custody forthwith to serve out the remaining period of sentence for which the matter must be reported to this Court within one month from the date of receipt/ production of copy of this order.
Villayati Ram Mittal P.Ltd vs Union Of India & Anr

2. The relevant facts very briefly are that the petitioner is a private limited company carrying on inter alia the business of construction. In April 2004, respondent No.2 published a notice inviting tenders for construction of married accommodation at Shankar Vihar-II, Pocket, Delhi Cantonment, at an estimated cost of Rs.40 crores (for short 2 "the Notice"). Clause 6 of the Notice stipulated that the tenderer shall furnish earnest money of Rs.40 lacs in the form of FDR from a nationalized bank drawn in favour of the Director General, Married Accommodation Project, Kashmir House, Rajaji Marg, New Delhi. Clause 6 also stipulated that if the firm revokes its offer during the validity period, the earnest money furnished by the firm shall be forfeited. In response to the Notice, the petitioner submitted its offer along with earnest money of Rs.40 lacs. When the tenders were opened on 05.05.2004, the offer of the petitioner was found to be the lowest at Rs.32 crores for the work. On 06.05.2004, however, the petitioner sent a letter to the respondent No.2 making a correction of a figure in its tender to read as Rs.32,76,000/- instead of Rs.23,76,000/-. As a result of this correction, the offer of the petitioner for the work increased from Rs.32 crores to Rs.41 crores. Respondent No.2 treated this correction made by the petitioner in its tender as revocation of its offer and forfeited the earnest money of Rs.40 lacs furnished by the petitioner.

11. For these reasons, we are not inclined to interfere with the impugned judgment of the High Court and we accordingly dismiss the Special Leave Petition with no order as to costs.
Vidyawati Gupta & Ors vs Bhakti Hari Nayak & Ors

The facts of the case resulting in the judgment under appeal may now be stated in brief for proper understanding of the various provisions of the Letters Patent, the Original Side Rules and the Code. The appellants in the instant appeal claiming to be the owners of the entire floor, the 1st floor and a portion of the basement of Premises No.33-A, Jawaharlal Nehru Road, Calcutta, filed a Civil Suit No.352/2002 in the Calcutta High Court on or about 26th July, 2002 against the respondents herein inter alia for certain orders of injunction against the said respondents in respect of their right, title and interest in the said portions of the premises in question. Thereafter, leave was granted by the learned Single Judge taking up interlocutory matters under Order I, Rule 8 of the Code on 30th July, 2002 and writ of summons was issued immediately thereafter and served upon the defendants. An application for interim injunction was also filed in the suit on behalf of the appellants and as will appear from the materials on record an application under Section 8 of the Arbitration and Conciliation Act, 1996, was also filed on behalf of the respondents. The said application for interim injunction was allowed by an Order dated 2nd April,2004 passed by the learned Single Judge whereby the respondents were directed to restore the condition of the plaintiffs' roof-top cooling towers and the western side ground floor of the suit premises, as was existing on the date of the institution of the suit, within a period of three weeks from the date of the order. The defendants (respondents herein) were also restrained from interfering, in any manner, with the plaintiffs' interest in the suit properties, including the properties which were directed to be restored in terms of the injunction order. The learned Single Judge directed that the interim order would remain in force till the disposal of the suit.

Aggrieved by the said order of the learned Single Judge, the respondents herein preferred an appeal, being APOT No. 214/2004, before the Division Bench of the Calcutta High Court and the same appears to have been taken up for hearing firstly on 27.4.2004 and thereafter on subsequent dates.

Mr. Ghosh also urged that no interference was called for with the order passed by the Division Bench of the Calcutta High Court and the appeal was liable to be dismissed.

The appeal is accordingly allowed and the impugned order under challenge is set aside. Consequent upon the views expressed by us, the plaint as filed on behalf of the appellants herein must be deemed to have been presented on 26th July, 2002 and not on 28th April, 2004 and the interim order passed by the learned Single Judge on 2nd April, 2004, stands revived. The Division Bench of the Calcutta High Court is directed to re-consider and hear the appeal filed by the respondents herein on merits as expeditiously as possible.

Having regard to the peculiar facts of the case, the parties will bear their own costs.
Uday Chakraborty & Ors vs State Of West Bengal

1. The learned Additional Sessions Judge, Arambagh convicted all the five accused persons namely, Uday Chakraborthy, Smt. Anandamoyee Chakraborthy (Appellant No. 3), Sukumar Chakraborthy (Appellant No. 2), Smt. Bela Rani Chakraborthy (Bhattacharjee) and Madhab Chakraborthy for an offence punishable under Sections 498A/304B of the Indian Penal Code (hereinafter referred to as `IPC') and sentenced them for 7 years rigorous imprisonment. No separate sentence was awarded under Section 498A of IPC on the ground that the accused persons were awarded sentence for the substantive offence of murder under Section 304B of IPC. Aggrieved from this judgment, the accused persons preferred an appeal before the High Court of Calcutta and the Bench 2 allowed their appeal in part and order of conviction and sentence passed against Madhab Chakraborthy and Bela Rani Chakraborthy (Bhattacharjee) was set aside. However, the conviction and sentence of Uday Chakraborthy, Sukumar Chakraborthy and Smt. Anandamoyee Chakraborthy was confirmed vide its judgment dated 18th of April, 2007. Aggrieved therefrom these three appellants have filed the present appeal before this Court under Article 136 of the Constitution of India praying for setting aside the order of conviction and sentence and for an order of acquittal.

2. Now, we may examine the facts giving rise to the present appeal. One Ms. Mina was married to Uday Chakraborthy on 5 th of 3 June 1994. The appellant No. 2 is the brother-in-law while appellant No. 3 is mother-in-law of deceased Mina. According to the case of the prosecution, Kanailal, the father of the girl, Mina, who was later examined as PW 1 lodged a written complaint to the Officer-in- Charge, Police Station, Arambagh, Hooghly on 19th April, 1996. The complaint reads as under:-

8. For the aforesaid reasons, we find no merit in the appeal and hence, the appeal is dismissed.
State Of Himachal Pradesh vs Parkash Chand

This appeal arises from a judgment of a Divison Bench of the High Court dated 6 October 2015. The father of the respondent who was working as a Peon in the Revenue Department of the State, died on 4 January 1997, while in service. On the date of the death of his father, the respondent was a minor. He attained the age of majority on 17 November 2002. The policy of compassionate appointment framed by the State of Himachal Pradesh, inter alia, contains a stipulation that where none of the children of a deceased government employee have attained the age of majority at the time of the death of the employee, an application can be submitted Digitally signed by SANJAY KUMAR Date: 2019.01.25 on the attainment of the age of twenty one years by the 14:26:34 IST Reason: eldest child. This provision is contained in paragraph 8 of the policy dated 18 January 1990. The application 2 submitted by the respondent upon attaining the age of majority was processed, but was eventually rejected on 25 April 2008 on the ground that the brother of the respondent is already in the service of the Himachal Pradesh Electricity Board. The fact that the brother of the respondent is employed with a State undertaking is not in dispute.

For these reasons, we allow the appeal and set aside the directions issued by the High Court in its impugned judgment and order, as noted earlier. In consequence, the Writ Petition filed by the respondent shall stand rejected. No costs.
Export Credit Guarantee Corpn.,India ... vs M/S.Garg Sons International

2. Facts and circumstances giving rise to these appeals are that:

3. Shri Santosh Paul, learned counsel appearing on behalf of the insurer, has submitted that the insured failed to communicate information pertaining to the default made by the foreign importer, to the insurer, within the stipulated period, which was fixed as 45 days from the date on which the payment became due, and thus, failed to ensure compliance with the mandatory requirement under Clause 8 (b), owing to which, the claims with respect to which the said information was not furnished within the time period stipulated in the agreement, have wrongly been allowed. Moreover, it is evident from the judgment that only 5 claims made by the insured were accepted, and that 11 claims were rejected, though in the said order, only 9 claims were found to be rejected and 4 were shown as accepted. As the only numbers of 4 revisions have been mentioned, stating that only these were worth acceptance, and those of 9 revisions have been mentioned, as those that were rejected, which was all stated to show that there were typographical errors in the judgment itself.

14. Thus, we are of the view that only two claims which are subject- matters in Civil Appeal Nos. 1547 and 1557 of 2004 deserve to be allowed. The others are dis-allowed.

With these observations, all 17 appeals stand disposed of.
Vinod Kumar vs State Of Punjab

8. The prosecution case, as has been unfurled, is that Baj Singh, PW-5, used to bring earth in tractor trolley within the municipal area of Rajpura. The appellant, at the relevant time, was posted as Octroi Inspector and he demanded Rs.20/- per trolley for permitting him to enter into the municipal area. Eventually, a deal was struck that the accused- appellant would be paid Rs.500/- per month for the smooth operation. As the prosecution story further unfolds, on 25.1.1995, Baj Singh met Jagdish Verma, PW-7, and disclosed before him the fact about the demand of the accused for permitting the entry of the tractor trolley inside the municipal area and thereafter, as he was not desirous of obliging the accused, he narrated the entire story to DSP Vigilance, who in his turn, with the intention to lay the trap, explained it to Baj Singh, PW-5, and Jagdish Verma, PW-7 about the procedure of the trap. As alleged, Baj Singh gave five notes of Rs.100/- to the DSP Vigilance who noted the numbers of the notes and completed other formalities like applying phenolphthalein powder on the currency notes. Thereafter, they proceeded to the place of the accused and a trap was laid. Eventually, currency notes amounting to Rs.500/- were recovered from the trouser of the appellant and were taken into possession. The statements of the witnesses were recorded and after completing the investigation chargesheet was placed for the offences punishable under Sections 7 and 13(2) of the Act.

9. To bring home the charges against the accused-appellant, the prosecution examined eight witnesses. PW-1 to PW-4 are formal witnesses. PW-5, the complainant resiled from his previous statement and was cross- examined by the prosecution. Sher Singh, PW-6, a clerk in the office of Tehsildar, Rajpura had joined the police party as an independent witness. He supported the case of the prosecution in detail. Jagdish Verma, PW-7, in his examination-in-chief, supported the prosecution case in all aspects, but in cross-examination, resiled from his examination-in-chief. The witness, PW-7, was declared hostile on a prayer being made by the Public Prosecutor and was re-examined. Narinder Pal Kaushal, PW-8, DSP of Vigilance Bureau who had led the raiding party on 25.1.1995, in his deposition, deposed in detail about the conducting of the raid and recovery of the amount.

10. The accused, in his statement under Section 313 CrPC, denied the allegations and took the plea of false implication due to party faction and animosity. It was his further stand that he was brought from his office and was taken to the office of the Tehsildar and thereafter to the Vigilance office.

42. In the ultimate analysis, we perceive no merit in the appeal and consequently the same stands dismissed. As the appellant is on bail, his bail bonds are cancelled. He be taken into custody forthwith to suffer the sentence.
Basalingappa vs Mudibasappa

2. The brief facts of the case for deciding the appeal are:-

for want of sufficient funds. Thereafter, on non-payment of the amount, a complaint dated 25.04.2012 was filed by the complainant under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as “Act, 1881). 2.2 Allegation in the complaint was that the accused requested the complainant to lend a hand loan to meet out urgent and family necessary for a sum of Rs.6,00,000/-. Complainant lent hand loan of Rs.6,00,000/- dated 27.02.2012 in favour of the accused. A cheque dated 27.02.2012 for Rs.6,00,000/- was given by the accused, but the same was returned by the bank with the endorsement “Funds Insufficient” on 01.03.2012. 2 2.3 After notice dated 12.03.2012, which was served on the accused on 13.03.2012, a complaint was filed. PW1 filed his examination-in-chief and was also cross- examined on behalf of the accused. The complainant in support of the complaint filed original cheque dated 27.02.2012, original cheque return memo dated 01.03.2012, office copy of the notice dated 12.03.2012, postal receipt dated 12.03.2012, acknowledgment letter issued by the Department of Post dated 16.04.2012 and letter to Head Post Office dated 11.04.2012. The accused in support of his defence filed Ex.D1 – certified copy of plaint in O.S. No. 148 of 2011, Ex.D2- Certified copy of the private complaint No.119/2012 in CC No. 2298 of 2012 and in Ext.D3, certified copy of registered sale agreement.

7. Now, we look into the facts alleged by the defence. In the cross-examination, although complainant denied that he has filed any case under Section 138 against any person but Ex.D2 is certified copy of the complaint filed by the complainant against Shri Siddesh under Section 138 of Act, 1881 for punishing the accused. Further the date of cheque, which was alleged to be issued by Shri Siddesh was also 27.02.2012. Ex.D3 was an agreement of sale dated 07.01.2010, by which the complainant paid Rs.4,50,000/- to Balana Gouda towards sale consideration. In document transferring the leasehold rights by the accused to one M/s. Sri Lakshmi Narasimha Industries, the complainant was a witness, who admitted his signature on the deed. In his cross-examination, accused case was that by virtue of such transfer of leasehold rights, he received Rs.15 lakhs. The trial court after 9 marshalling the evidence made following observations in Paragraph No.17:-

(v) It is not necessary for the accused to come in the witness box to support his defence.

accused has not denied his signature on the cheque.
Oriental Insurance Co. Ltd vs Brij Mohan & Ors

3. First Respondent Brij Mohan filed the claim petition. He was a labourer. On or about 11.3.1998 he was travelling on a trolley attached to a tractor. There exists a dispute as to whether both the tractor and the trolley were insured or not. It may not be necessary to determine the said question. He was engaged to dig earth from a place known as Shishwali Ka Rasta. The earth so dug was loaded on the trolley attached to the tractor. Respondent and other workers were returning to the Bhatta (brick-klin). He was sitting on the earth loaded on the trolley. The tractor allegedly was being driven rashly and negligently by Hemraj, the driver. He slipped down from the trolley, came under the wheels thereof injuring his gall-bladder and left thigh, as a result whereof he suffered grievous injuries.

5. The Tribunal, however, by reason of its award, awarded a sum of Rs. 1,96,100/- by way of compensation in favour of the respondent in respect of the injuries suffered by him as a result of the said accident. An appeal, preferred thereagainst, as noticed hereinbefore, has been dismissed by the High Court by reason of the impugned judgment.

16. This appeal is allowed with the aforementioned directions. There shall, however, be no order as to costs.
Atluri Brahmanandam (D) Thr.Lrs vs Anne Sai Bapuji

3. The appellant herein was the defendant in the suit filed by the respondent seeking for a decree for possession and future mesne profits with interest at the rate of 6% per annum and for payment of Rs.4,500/- with interest at the rate of 6% per annum till realization. One of the contentions which was raised in the suit was that the respondent/plaintiff was the adopted son of Late Anne Seetharamaiah and if the findings are in the affirmative, in that event, he would be entitled to claim for recovery of possession of the scheduled land.

4. The case of the respondent-plaintiff in the suit was that in 1965, one Myden Saheb of Atkuru Village in Gannavaram Taluk of Krishna District filed a small cause suit being S.C. No. 44 of 1965 against Atluri Brahmanandam of the same village. The suit was decreed by the Court of District Munsif, Nuzvid for an amount of Rs. 355/-. Consequent upon the passing of the said decree, the decree-holder Myden Saheb filed E.P. No. 29 of 1967 during the course of which the 2 judgment-debtor's agricultural wet land admeasuring Acs. 1.78 was sold in auction in which Anne Seetharamaih purchased the same for Rs.5,900/-. The auction purchaser is the adopted father of Anne Sai Bapuji, who filed the present suit in the Court of Subordinate Judge, Vijaywada which was later transferred to the Court of Subordinate Judge, Gudivada.

16. Whenever any document registered under any law for the time being in 7 force is produced before any Court purporting to record an adoption made and is signed by the person giving and the person taking the child in adoption, the Court shall presume that the adoption has been made in compliance with the provisions of this Act unless and until it is disproved."

12. We are concerned for the purpose of this case with clause

17. In view of the above discussion, we find no infirmity at all in the findings of the trial court which were affirmed by the High Court that the adoption of the respondent by Late Anne Seetharamaiah is legal and valid. We, therefore, find no merit in this appeal which is dismissed but we leave the parties to bear their own costs.

............................................J [Dr. Mukundakam Sharma ] ............................................J [ Anil R. Dave ] New Delhi, November 18, 2010.