L-NLProc/TathyaNyaya-and-FactLegalLlama-NyayaScrape-Datasets huggingface dataset:
National Insurance Co. Ltd vs Geeta Bhat & Ors

2. On 14.11.2000, Ishwar Dutt Bhat was traveling in a three wheeler. It met with an accident having been hit by a truck bearing registreation No.HR 38 9179. The said vehicle was insured with the appellant. Respondents, being the heirs and legal representatives of the said Shri Ishwar Dutt, filed a claim petition. Appellant, in its written statement, raised a contention that the driving licence possessed by the driver of the truck was a fake one.

3. In the proceedings before the Motor Vehicles Accident Claims Tribunal (the Tribunal), it prayed for examination of the concerned clerk of the Motor Vehicles Department. The said prayer was allowed. The concerned Clerk of the Licencing Authority, Alwar was summoned. The said summons were served in the office of the Transport Authority. The Transport Authority, however, did not depute any officer to produce the documents called for.

Appellant, however, brought on records evidence to the effect that on an investigation made by its own investigator, it was found that no such licence had been issued in the name of Gopal Singh, the driver of the vehicle. In its report dated 20.3.2003, the said investigator stated :

The appeal preferred by the appellant before the High Court was dismissed summarily.

38. In view of the above analysis the following situations emerge :

14. Nobody has appeared on behalf of the respondents despite service of notice.

15. We, therefore, are of the opinion that interest of justice shall be subserved if the appellant is directed to pay the awarded amount in favour of respondent Nos.1 to 5 with liberty to recover the same from the owner and the driver of the vehicle, respondent Nos.6 and 7 in an appropriate proceeding in accordance with law.

16. The appeal is dismissed with the aforementioned observations. No costs.
Sunita vs State Of Haryana

5. On January 9, 2004, Shish Pal, husband of the deceased Sushila informed Isham Singh (PW-3) that he had seen the photographs of his missing children, Sagar and Shivani, in a newspaper, said to be with Manav Sewa Sangh, Panipat. Shish Pal also informed that Sushila was not with the children in Panipat. Isham Singh reached Village Dadola but, in the meantime, Shish Pal got the children back from Panipat.

6. Isham Singh has appeared as PW-3 and deposed that, on January 16, 2004, he came to know that one lady was burnt in ‘Bitora’ at Village Kailash. He went to Village Kailash along with his brother-in- law Kashmir Singh (PW-12) and came to know that aforesaid incident has taken place during the intervening night of 3 rd/4th January, 2004. The accused was the suspect.

7. The investigations were conducted by SI Shamsher Singh (PW-14), SI Ramesh Chand (PW-19) and Inspector Baljinder Singh (PW-20). After completion of the investigations, the appellant was made to stand trial. On an application filed by the prosecution, one Ashok Kumar Page 3 of 12 and Seth Pal were made to stand trial but both the co-accused stand acquitted by the trial Court itself.

15. According to Isham Singh (PW-3), Sushila’s height was 5’ whereas as per Neeraj (PW-4), the lady with the appellant at the bus stop was 5’7”. There is a margin of approximation in the height of the deceased stated by Isham Singh (PW-3) and Neeraj (PW-4), but such discrepancy is a factor to test the veracity of the statement of Neeraj (PW-4). Neeraj (PW-4) deposed that he had seen the appellant with a gunny bag placed on the footrest of a Scooty driven by the appellant. The carrying of a weight of a dead body on a Scooty is not believable. Still further, Neeraj (PW-4) has left his father Baburam after his father started living with Sunita and started staying with his grandfather Pirthi Singh (PW-5). There is a civil suit (Ex. D-5) filed by the appellant to claim estate of Baburam. Therefore, such statement has to be taken with pinch of salt as it is by a person, who is inimical to the accused. The statement of Pirthi Singh (PW-5) is only to the fact that he had seen the dead body recovered from ‘Bitora’. Though, he deposed that he had seen the deceased on January 3, 2004 in the house of Sunita but again this is a statement of a witness who is at loggerhead with the appellant. Page 9 of 12 Therefore, such statement cannot be relied upon readily in the absence of any corroboration. Therefore, the only evidence against the appellant is of last seen by Neeraj (PW-4) at 2 pm and that of Pirthi Singh (PW-5) at 5 pm and later in the night, Sunita with a gunny bag on her Scooty by Neeraj at 2 am. Such evidence does not complete the chain of circumstances so as to maintain conviction of the appellant for an offence under Section 302 IPC.

18. Consequently, granting benefit of doubt to the appellant, the appeal is allowed. The appellant is acquitted of the charges levelled against her. The bail bonds shall stand discharged. She be set at liberty, if not wanted in any other case.

JULY 30, 2019.

Page 12 of 12
Vikram Singh vs State Of Haryana

The controversy lies within a very narrow compass which relates to legality of the proceedings before the learned Sessions Judge, Kurukshetra, in dealing with the present matter. According to the appellant, he was a Juvenile when the occurrence took place on 20/2/1996. The appellant was shown to have been arrested on 1/3/1996.

We are of the view that the appellant is entitled to the benefit under the provisions of 2000 Act as amended from 22.8.2006, and 2007 Rules. Therefore while confirming the -3- conviction, considering the period of custody already suffered by the appellant, we direct that he shall be released from custody forthwith unless he is required in custody in any other case. Normally we would have remitted the matter to be dealt with by the appropriate Court. But considering the long passage of time and period of custody, we have passed the present order.

The appeal is allowed to the aforesaid extent.
S. Nazeer Ahmed vs State Bank Of Mysore And Ors

2. Defendant No. 1, the appellant, borrowed a sum of Rs.1,10,000/- from the plaintiff Bank for the purchase of a bus. He secured repayment of that loan by hypothecating the bus and further by equitably mortgaging two items of immovable properties. The Bank first filed O.S. No. 131 of 1984 for recovery of the money due. The said suit was decreed. The Bank, in execution, sought to proceed against the hypothecated bus. The bus could not be traced and the money could not be recovered. The Bank tried to proceed against the mortgaged properties in execution. The appellant resisted by pointing out that there was no decree on the mortgage and the bank could, if at all, only attach the properties and could not sell it straightaway. That objection was upheld. The Bank thereupon instituted the present suit, O.S. No. 35 of 1993, for enforcement of the equitable mortgage. The appellant resisted the suit by pleading that the suit was barred by Order II Rule 2 of the Code of Civil Procedure, that the transaction of loan stood satisfied by a tripartite arrangement and transfer of the vehicle to one Fernandes, that there was no valid equitable mortgage created and no amount could be recovered from him based on it and that the suit was barred by limitation.

4. Being aggrieved by the decree, the appellant approached this Court with the Petition for Special Leave to Appeal. This Court while issuing notice, confined the appeal to two questions. They were:

Chandkour v. Partab Singh, (15 I.A. 156 :

16. Thus, on a consideration of all the relevant aspects, we are satisfied that the High Court was correct in granting the Bank a decree in the suit. There is therefore no reason to interfere with that decree. We therefore confirm the judgment and decree of the High Court and dismiss this appeal with costs.
Oil & Natural Gas Corp vs M/S Wig Brothers Builders & ...

2. The appellant (also referred to as `ONGC') entrusted a construction work to the respondent under a contract dated 11.10.1983. Clause 25 of the contract provided for settlement of disputes by arbitration. Certain disputes arose between the parties in regard to the said contract and they were referred to a sole arbitrator on 31.12.1986. The claimant made several claims aggregating to Rs.82,89,000/-. ONGC made counter claims aggregating to Rs.1,24,87,000/-. The arbitrator awarded Rs.9,50,000/- under the first claim, 2 Rs.7,80,132/- under the second claim, Rs.4,77,129/- under fifth claim and several smaller amounts under claims 3, 4, 6 to 13, 15, and 17, in all aggregating to Rs.25,26,270/-. The arbitrator also awarded 12% pendente lite interest and 6% from the date of the award/decree. The counter claims were rejected.

7. In view of the above, the award of the arbitrator in violation of the bar contained in the contract has to be held as one beyond his jurisdiction requiring interference. Consequently, this appeal is allowed in part, as follows :
Sardari & Ors vs Sushil Kumar & Ors

1. Jagiru was a tonga driver. While, he was driving his tonga on 10.2.1985, he met with an accident, as it collided with a tractor bearing Registration No. HYC 173. In the said accident, he received injuries and ultimately expired on 15.2.1985. At the time of his death, he was aged 40 years.

3. In that view of the matter, the application for grant of compensation was dismissed. An appeal preferred thereagainst by the appellants has also been dismissed by the High Court. The High Court, however, was of the opinion that the finding of the Tribunal that no accident took place due to rash and negligent driving of Sushil Kumar, was not correct holding that the appellants were entitled to compensation of Rs. 63,000/- from the respondent Nos. 1 and 2.

9. For the reasons aforementioned, there is no merit in this appeal which is accordingly dismissed. However, in the facts and circumstances of this case, there shall be no order as to costs.
Vidyadhari & Ors vs Sukhrana Bai & Ors

3. Admittedly, Sukhrana Bai was the first wife of Sheetaldeen, while during the subsistence of this marriage, Sheetaldeen got married with Vidhyadhari. Two sons and two daughters were born to Vidhyadhari, they being Smt.Savitri, Naresh @ Ramesh, Ms.Chanda @ Durga and Baliram, while Sukhrana Bai does not have any children.

5. As stated above, both the Succession Cases came to be consolidated and tried together. In SC No.10/95, filed by Sukhrana Bai, Vidhyadhari raised an objection that Sukhrana Bai was not the heir of deceased Sheetaldeen and though Sheetaldeen initially nominated Vidhyadhari to receive the dues after his death as per Form A, subsequently he cancelled that nomination and filled in a second Form A in which he had nominated Smt.Vidhyadhari and in description of his family members he had indicated her to be the wife, one Naresh as his son and Ms.Chanda @ Durga as his daughter. It was also pointed out that Sukhrana Bai had not claimed any dues from the office of Sheetaldeen. WCL which is a party, contended that the non-applicant had no knowledge about the valid marriage between the deceased and Sukhrana Bai and it was also admitted that Sheetaldeen had nominated Vidhyadhari to receive the total amount and had registered her as his nominee. Following issues came to be framed by the Trial Court:

13. It should not be understood by the above that we are, in any way, deciding the status of Vidhadhari finally. She may still prosecute her own remedies for establishing her own status independently of these proceedings.

14. In the result the appeal is allowed. In the facts and circumstances of the case, there will be no order as to costs.
Hem Chand vs State Of Jharkhand

2. Appellant is an IPS Officer of 1971 batch of the West Bengal cadre. He joined the Central Coalfields Ltd., a Government Company as a Chief Vigilance Officer on deputation. He was re-designated as Executive Director (Vigilance).

4. Appellant filed an application for his discharge inter alia on the premise that no case for framing of charge has been made out. He, furthermore, filed some documents in his own defence. The said application for discharge was rejected by the learned Special Judge, CBI, opining that the documents relied on by the appellant cannot be looked into for the purpose of passing an order on his application for discharge. Revision Application filed by the appellant thereagainst under Section 397 of the Code of Criminal Procedure has been dismissed by the High Court by reason of the impugned judgment.

Allegations against the appellant are that he was found to be in possession of assets more than his known source of income.

We agree with the said view.

13. For the reasons aforementioned, there is no merit in this appeal which is dismissed accordingly.
Central Industrial Security Force And ... vs Abrar Ali

Article of Charge-II No.903190893, Ct. Abrar Ali, Area No. IV, Central Industrial Security Force, BCCL Unit, Dhanbad was granted 2 days casual leave from 12.08.1999 to 13.08.1999 and 14.08.1999 was a second Saturday. The said member of the force while proceeding on leave took one girl named Anita Kumari D/o Shri Rajendr Rajbar R/o Lalten Basti, Angarpathra (Dhanbad), aged about 15-16 years with him to Delhi on the pretext of getting her married to a Hindu boy and come back after leaving the said Anita Kumari at the house of an old man. The brother of the said force member, Jamaruddin, who also is a member of the Delhi Armed Police took Anita Kumari to Dhanbad. On 20.08.1999, Anita Kumari made a statement before the Judicial Magistrate, Dhanbad, in FIR No.260/99 dated 13.08.1999. Thereafter, the said force member Abrar Ali surrendered in the Court of C.J.M., Dhanbad on 20.08.1999 from where he was sent to jail for committing the said offence. No. 903190893 Ct. Abrar Ali being a member of me force has committed an act of indiscipline and has maligned the image of the force, which is a serious misconduct. Hence, this Charge.

Article of Charge - III Ct. Abrar Ali No. 903190893, Area No.IV, Central Industrial Security Force, BCCL Unit, Dhanbad, has already been awarded three punishments, 2 major punishments (deduction in pay) and one minor punishment (deduction of 7 days’ salary) for various acts of indiscipline and negligence during the short span of his service. Despite the aforesaid, he has failed to improve himself and to abide the rules, which shows that the said member is habitual of committing indiscipline. Hence this Charge.

13. Under Articles 226/227 of the Constitution of India, the High Court shall not:

12. Though we are of the view that the High Court ought not to have interfered with the order passed by the Disciplinary Authority, the penalty of dismissal from service is not commensurate with delinquency. The Respondent was found guilty of desertion of the Force for a period of five days and not improving his conduct in spite of imposition of penalties on three occasions earlier. For the above delinquencies, the penalty of dismissal from service is excessive and harsh. In our view, the penalty of compulsory retirement would meet the ends of justice. We are informed by the counsel for the Appellants that the Respondent is entitled for pension as he has completed 10 years of service. In order to avoid any controversy, we direct that the Respondent shall be entitled for notional continuity of service till the date of completion of minimum service required to make him eligible for pension. He will not be entitled for payment of salary and allowances for that period.

13. For the aforesaid reasons, the Appeal is allowed with the above modification in the penalty.

.....…...........................CJI [T. S. THAKUR] ........................................J [Dr. D. Y. CHANDRACHUD] ..……................................J [L. NAGESWARA RAO] New Delhi, December 14, 2016
Shivaji vs Divisional Manager United India ...

2 The appellants are parents of Shaji Shivaji Dudhade, who was the driver of a car bearing Registration No. MH-06/W-604, which met with an accident on 15 June 2010. The accident occurred when the car dashed into a truck, bearing Registration No. KA-25/B-5363, resulting in his death; the death of two other persons and injuries to two more persons, all of whom were travelling in the car. 2 3 The appellants filed a claim petition seeking compensation under Section 163A of the Motor Vehicles Act, 1988. The Tribunal noted that since the claim petition had been filed under Section 163A of the Act, the question of proving that the accident happened due to the rash and negligent act of the driver did not arise. By its award dated 30 July 2011, the Tribunal allowed a claim of Rs 4,60,800 together with interest at the rate 9% per annum. 4 The insurer preferred an appeal before the High Court of Karnataka. The appellants also filed an appeal before the High Court seeking enhancement of compensation awarded by the Tribunal. The High Court, by its impugned judgment, allowed the insurer’s appeal and set aside the order of the Tribunal. The High Court opined that the idea behind enacting Section 163A is to ensure that even in the absence of any mistake on the part of the driver of the offending vehicle, the injured person or the legal heirs of the deceased person are compensated by the owner and the insurer. As a result, under this provision, since the victim has been contemplated to be an innocent third party, protection is extended only to the injured person or to the legal heirs of the deceased victim, and not to the driver who is responsible for causing the said accident. Since the deceased driver in this case was the tortfeasor and responsible for causing the accident, the High Court held that compensation could not have been awarded to the appellants.

6 Having regard to the above position, the Civil Appeal will have to be allowed.

7 Accordingly, the appeal is allowed. The impugned judgment of the High Court absolving the insurer is set aside and the order of the Tribunal is restored. There shall be no order as to costs.

...........................................CJI [DIPAK MISRA] ...........................................J [A M KHANWILKAR] ...........................................J [Dr D Y CHANDRACHUD] New Delhi;

August 09, 2018
Bijay Kumar Singh vs Amit Kumar Chamaria

3. The brief facts leading to the present appeals are that the respondent filed an eviction petition against the appellants on the ground of non-payment of arrears of rent in respect of two shops alleging that initially, Sudama Singh was tenant on the monthly rent of Rs.45/- and Rs.25/- per month but now the rent payable is Rs.306/- and Rs.174/- per month. It is the case of the respondent that a Receiver was appointed in Money Execution Case No. 23/1961 and the said Receiver was discharged vide order dated 10.02.2009. The respondent demanded arrears of rent but since the amount of arrears at the rate of Rs.306/- per month was not paid, the petition for eviction was filed. The appellant did not deposit any rent but filed an application to determine the arrears of rent asserting that they have paid monthly rent up to the month of June 1993 to the Receiver. However, the Receiver has not informed the appellants as to the person authorised to collect rent, therefore, they could not pay it.

xxx xxx xxx

22. In view of the judgment in Nasiruddin, we do not find any error in the order passed by the learned Single Judge. The Trial Court shall proceed with the suit in accordance with law. The appeals are dismissed.

OCTOBER 22, 2019.
State Of Haryana vs Suresh

2. The High Court directed acquittal on the ground that there was non-compliance with the mandatory requirements of Section 50 of the Act.

3. Background facts in a nutshell are as follows. The case of the prosecution is that on 01.04.1987, the patrolling party consisting of the sub-inspector and two assistant sub-inspectors and four constables were present at Rohtak. At about 5.10 a.m. a bus of Haryana Roadways came from Delhi and the same was stopped by patrolling party. The accused-respondent, Suresh was also one of the passengers travelling in the bus with an attachi-case. The Sub-Inspector of Police searched the attache case by taking the same from the hands of the accused. When the attachi case was searched, a false bottom made of ply-wood was broken and below it there was a plastic bag containing opium and the same was recovered by the police. Out of it 10 grams of opium was separated as sample and parcels of the same and the remaining bulk were prepared and were sealed with seal bearing inscription RK and a ruqa was sent to the police station for registration of the case and on the basis of the same, investigation was taken up and after completion of the investigation a charge-sheet was filed.

5. After closure of the evidence of the prosecution, the accused was examined under Section 313 of the Code of Criminal Procedure, 1973 (in short the 'Code'), and in defence the accused did not examine any witnesses though he pleaded innocence and false implication.

However, such information may not necessarily be in writing.

18. In view of the aforesaid judgment by a three Judge Bench of this Court, the acquittal, as directed by the High Court, is clearly unsustainable. However, we find that other points were urged in support of the appeal before the High Court, but the High Court allowed the appeal filed by the accused only on the ground of non-compliance of Section 50 of the Act. It did not examine the other grounds of challenge. We, therefore, remit the matter to the High Court to hear the appeal afresh on grounds other than that of alleged non-compliance with Section 50 of the Act, which, as noted above, has no application to the facts of the case.

19. The appeal is allowed to the aforesaid extent.
M/S. O.N.G.C. Ltd vs Commnr. Of Customs, Mumbai

The licence granted by the Central Government in favour of the Appellant in that behalf was initially valid upto 14.11.1997. The Appellant applied for renewal thereof on 7.10.1997. An application for grant of Essentiality Certificate was filed on 5.4.1999. The same was returned to the Appellant on 12.04.1999. By an order dated 18.08.2000, the said licence was renewed with retrospective effect from 14.11.1997 by the Central Government. Immediately, thereafter i.e. on 20th August, 2000, the Appellant filed an application for grant of essentiality certificate in continuation of its earlier application dated 5.04.1999. It also sent reminders therefor on 26.03.2001, 13.04.2001, 27.12.2001 and 8.07.2003. The Appellant was asked to resubmit the application in a new format which requirement was also complied with by it on 25.03.2004. In the said application also, the Appellant categorically stated that the same was in continuation of its earlier application dated 5.04.1999 whereafter the essentiality certificate was granted on 26.03.2004.

Admittedly, the said 3-D Seismic Tapes were treated to be the 'goods' within the meaning of the provisions of the Customs Act, 1962. The said goods were cleared provisionally but in view the fact that the Appellant had failed to produce the essentiality certificate, a notice to show cause was issued as to why the said data tapes should not be classified under CTH8524.99 and charged to duty on the basis of the amount paid by the Appellant to the said SEDCO.

We, therefore, do not agree with the findings of the learned Commissioner.

In view of our findings aforementioned, we do not think it necessary to advert to the other contentions raised by the Appellant.

For the reasons aforementioned, the impugned order cannot be sustained which is set aside accordingly. The appeals are allowed. No costs.