L-NLProc/TathyaNyaya-and-FactLegalLlama-NyayaScrape-Datasets huggingface dataset:
Bhawani Prasad Sonkar vs Union Of India & Ors

Accordingly, appellant's father appeared before the Medical Board and was declared medically unfit in A2, A3, B1 and B2 categories vide certificate dated 6th March, 1998. However, he was found fit in C1 and C2 categories and was directed to appear for another medical examination after six months.

3. Accordingly, appellant's father again appeared for a medical examination and vide certificate dated 13th July, 1999, he was declared medically unfit as de-categorized employee. Nevertheless, he was found fit in category B1 and below. Thereafter, on 9th August, 1999, appellant's father appeared before the Standing Committee which decided to retire him without offering him any alternate employment, as stipulated in the service rules. Ultimately, appellant's father was retired from service vide retirement order dated 30th August, 1999 issued by respondent No. 3 viz.

5. It is also pertinent to mention here that on 29th April, 1999, the Railway Board issued a circular stating, inter alia, that in light of the mandate of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, employees who become incapacitated from holding the post they were currently holding, but found eligible for retention in service in posts corresponding to lower medical category, 3 shall be offered alternative employment in the posts for which they are found suitable.

6. Appellant's father moved an application dated 1st September, 1999, before respondent No. 2 requesting that his son be given compassionate appointment as a Class IV employee. Since there was no response to the said request, the father of the appellant moved another application, dated 30th December, 1999, before respondent No. 3. On 18th January, 2000, the Railway Board issued a letter stating that when an employee is declared as medically unfit to perform the work which he was performing but is found to be fit to perform work in a lower category, any request for giving compassionate employment to such employee's ward would not be considered if the employee opts for voluntary retirement after being de-categorized.

8. Being aggrieved, the appellant preferred an Original Application before the Central Administrative Tribunal, Lucknow (for short "the Tribunal").

11. Meanwhile, the appellant also preferred a review application before the Tribunal for reviewing its earlier order dated 31st December, 2002. Vide order dated 5th March, 2004, the said application was dismissed by the Tribunal on the ground that the same was barred by limitation.

24. In light of the foregoing discussion, the appeal is allowed; the impugned judgment is set aside and it is directed that the appellant shall be granted employment on compassionate ground within three months of the receipt of copy of this judgment, subject to his complying with other eligibility conditions, as applicable on 1st September, 1999. However, for all intents and purposes, he shall be deemed to be in service from the date of actual joining.

25.In the facts and circumstances of the case, there shall be no order as to costs.

MARCH 11, 2011.

ARS 1
State Of A.P. & Ors vs M/S. Star Bone Mill & Fertiliser Co

2. The facts and circumstances giving rise to this appeal are:

F. The respondent herein filed a petition in 1964 before the Minister for Agriculture & Forest, seeking permanent lease of the suit premises in his favour. On 26.4.1967, an order was passed by the Ministry of Agriculure & Forest in respect of recovery of arrears of rent as regards the said land. The respondent vide letter dated 7.5.1969, offered higher rent to the appellants for the suit land.

G. On 22.5.1970, the respondent wrote a letter to the Chief Minister of Andhra Pradesh (Ex.B-39), stating that he had been cheated by M/s. A. Allauddin & Sons, as it had executed a sale deed in his favour, even though it had no title, and a very high rate of rent was fixed by the department, which should be reduced and till the matter is finally decided, a rent of Rs.569/- per month should be accepted. The said application/petition was rejected by the Assistant Secretary to the Government, Food & Agriculture Department, vide letter dated 18.12.1970.

I. In view of the interim order of the High Court, the appellants issued a demand notice for a sum of Rs.45,484.62 paise. However, vide order dated 19.10.1971, the High Court directed the respondent to deposit a sum of Rs.30,000/-, in eight monthly installments. The said writ petition was disposed of vide order dated 18.2.1972, asking the respondent to approach the appropriate forum to establish his rights over the suit land, or to make a representation to the State Government for this purpose.

J. The appellants served notice dated 8.4.1974, upon the respondent under Section 7 of the Land Encroachment Act, and the respondent submitted a reply to the said show cause notice on 24.6.1974. The matter was adjudicated and decided on 21.8.1974, under Section 6 of the Land Encroachment Act, and the respondent was directed to vacate the suit land.

Hence, this appeal.

17. In view of the above, we are of the considered opinion that findings of fact recorded by the courts below are perverse and liable to be set aside. The appeal succeeds and is allowed. The judgments of the courts below are hereby set aside. The suit filed by the respondent/plaintiff is dismissed.
Kushuma Devi vs Sheopati Devi( Dead)

3. A few facts need mention hereinbelow for the disposal of these appeals which involve a short point.

4. The appellant filed an eviction petition against the respondents being Misc. Case No. 18/1990. By order dated 19.04.1996, the Civil Judge decreed the suit and passed the decree for eviction against the respondents. The respondents felt aggrieved and filed Rent Appeal No. 4/1996 in the Court of A.D.J., Court No.8, Fatehpur. The first Appellate Court by order dated 04.12.2001 allowed the appeal and dismissed the eviction petition filed by the appellant. The appellant felt aggrieved and filed a writ petition in the High Court at Allahabad. By impugned order dated 27.07.2012, the High Court dismissed the writ petition and affirmed the order 2 dated 04.12.2001 passed by the Additional District Judge, Court No.8, Fatehpur in the absence of the appellant. The appellant filed an application for recall of the order dated 27.07.2012. The High Court by order dated 16.01.2013 dismissed the said application. The appellant felt aggrieved by the said orders and has filed these appeals by way of special leave in this Court.

8. The need to remand the case to the High Court has occasioned because from the perusal of the impugned order dated 27.07.2012 quoted above, we find that it is an unreasoned order. In other words, the High Court neither discussed the issues arising the case, nor dealt with any of the submissions urged by the parties and nor assigned any reason as to why it has dismissed the writ petition.

10. The orders impugned in these appeals suffer from the aforesaid error, because, as would be clear from the perusal of the order, the High Court while passing the impugned order simply dismissed the writ petition without any discussion, finding and the reason.

11. We are, therefore, of the view that such order is not legally sustainable and hence deserves to be set aside.

12. In view of the foregoing discussion, the appeals succeed and are accordingly allowed. The impugned orders are set aside. The case is remanded to the High Court for deciding the writ petition afresh, out of which these appeals arise, for its disposal in accordance with law keeping in view the observations made above.

13. Since we have formed an opinion to remand the case to the High Court for its fresh disposal on merits, we have not expressed any opinion on the 6 merits of the case while deciding these appeals. The High Court will, therefore, decide the writ petition uninfluenced by any observations made by this Court in this order as expeditiously as possible preferably within six months.

April 08, 2019 7
State Of M.P. & Ors vs Sanjay Kumar Pathak & Ors

Selections were to be made district-wise by inviting applications from the Employment Exchanges. The Selection Committee was to prepare a panel upon considering the eligibility criteria of the candidates concerned as also upon taking viva voce list.

As per the recruitment process, interviews were held in Damoh District for selection of Assistant Teachers from 1.09.1993 to 9.09.1993. Questioning, however, the validity of the amendment to Rule 10(3) of the Recruitment Rules, one Zila Mansevi Shikshak Sangh filed an original application before the Administrative Tribunal. The said application was marked as Application No. 2395 of 1993. An interim order was passed therein directing that no appointment should be made to the persons selected for the appointment as Assistant Teachers in terms of the said Scheme. When the Select List for Assistant Teachers for Damoh District was under

16 of the Constitution of India. Aggrieved thereby, the State Government and other aggrieved candidates filed Special Leave Petitions before this Court and by an order dated 04.01.1995, this Court stayed the said order of the Tribunal. It is not in dispute that on 24.04.1995 the State Government issued offers of appointments in favour of the candidates who had been selected in the year 1993 except those who had appeared in the interview before the Selection Committee of the Damoh District. By an order dated 1.12.1997 this Court in Arun Tewari v. Zila Mansevi Shikshak Sangh [(1998) 2 SCC 332], upheld the selection process.

6. 39 Assistant Teachers filed an original application before the Tribunal for a direction upon the State to issue appointment letters to the selected candidates. Before the Tribunal, Appellant State specifically raised the plea that the matter relating to recruitment of Assistant Teachers has since been entrusted to Janpad Panchayats under the Madhya Pradesh Panchayat Raj Adhiniyam, in the existing vacancies of the Assistant Teachers which were since then known as Samvida Shala Shikshak Varg III and Shiksha Karmi Varg III, and teachers were appointed by the Janpad Panchayats in December, 1995. The said application was allowed by an order dated 19.05.1999 stating:

appointment. Equally, the Public Service Commission/recruitment agency shall prepare waiting list only to the extent of anticipated vacancies. In view of the above settled legal position, no error is found in the judgment of the High Court warranting interference. [See also Munna Roy v. Union of India and Others, (2000) 9 SCC 283]

21. For the reasons aforementioned, the impugned judgment cannot be sustained which is set aside accordingly. However, keeping in view the peculiar facts and circumstances of the case, we direct that the respondents shall be entitled to relaxation of age in the event they intend to take part in the next selection process. The State is also directed to pay a sum of Rs. 10,000/- each to the respondents concerned. The appeals are allowed. No costs.
M/S Fibre Boards (P) Ltd Bangaloare vs Cit Bangalore

1. The assessee, a private limited company, had an industrial unit at Majiwada, Thane, which was a notified urban area. With a view to shift its industrial undertaking from an urban area to a non-urban area at Kurukumbh Village, Pune District, Maharashtra, it sold its land, building and plant and machinery situated at Majiwada, Thane to Shree Vardhman Trust for a consideration of Rs.1,20,00,000/-, and after deducting an amount of Rs.11,62,956/-, had earned a capital gain of Rs.1,08,33,044/-. Since it intended to shift its industrial undertaking from an urban area to a non- urban area, out of the capital gain so earned, the appellant paid by way of advances various amounts to different persons for purchase of land, plant and machinery, construction of factory building etc. Such advances amounted to Rs.1,11,42,973/- in the year 1991-1992. The appellant claimed exemption under Section 54G of the Income Tax Act on the entire capital gain earned from the sale proceeds of its erstwhile industrial undertaking situate in Thane in view of the advances so made being more than the capital gain made by it.

2. By an order dated 31.3.1994, the Assessing Officer imposed a tax on capital gains, refusing to grant exemption to the appellant under Section 54G. The reasons given were:

3. By its order dated 20.7.1995, the Commissioner, Income Tax (Appeals) dismissed the appellant’s appeal. By its order dated 20.11.1995, the Income Tax Appellate Tribunal allowed the assessee’s appeal stating that even an agreement to purchase is good enough and that the explanation to Section 54G being declaratory in nature would be retrospective.

August 11, 2015
Daulatram S/O Sadram Teli vs State Of Chhattisgarh

2. Challenge in this appeal is to the judgment of the Division Bench of the Chattisgarh High Court, dismissing the appeal filed by the appellant. Challenge in the appeal was to 1 the judgment of the learned Special Judge, Raipur, in S.T. No.53/2000 who found the appellant guilty for the offence punishable under Section 302 of the Indian Penal Code, 1860 (in short `IPC') and Section 3(2)(v) of the Schedule Castes and Schedule Tribes (Atrocities) Act, 1989 (in short the `Atrocities Act') Life sentence was imposed in respect of the offence 302 IPC, however, no separate sentence was imposed for the offence relatable to Section 3(2)(v) of the Atrocities Act.

4. The conviction and sentence were challenged before the High Court by both the present appellant and the accused, Nepal. The High Court found the evidence to be credible and cogent and dismissed the appeal of appellant, so far as it relates to Section 302 IPC. However, co-accused Nepal was directed to be acquitted.

16. The impugned judgment does not warrant any interference. The appeal is dismissed.
Rattaan Bai & Anr vs Ram Dass & Ors

4. Respondents 4 to 7 herein are the legal representatives of one Kanta Bai, who died during the pendency of the suit and the said Kanta Bai was one of the other two defendants in the suit.

6. The defendants (appellants herein) contested the suit. They filed a written statement on 2.12.2006.

The application was accompanied by an affidavit of the third respondent herein, wherein he made a statement that he had 3 compromised the suit with defendants and he did not wish to continue the suit, and, therefore the same be dismissed.

8. Annexure P-3, purportedly a vakalatnama in favour of one Shri A.K. Saini, advocate in the above mentioned civil suit, came to be executed on the same day, i.e. 18.12.2007 by the respondents 1 to 3. However, it must be mentioned herein that Annexure P-2, application was signed by an advocate by name Shri Arun Kumar along with two plaintiffs mentioned above.

27. We allow the appeal and remit the matter to the High Court for an examination of the factors indicated above and any other relevant factor which the High Court may deem appropriate, if necessary even by taking evidence, and pass appropriate orders in accordance with law. The trial of the suit shall stand stayed until the High Court takes a final decision as indicated above.

February 06, 2012.
Union Of India vs M/S. Pam Development Pvt. Ltd

We may notice here the bare essential facts, which would have a bearing on the legal controversy involved in the appeal.

On 19th October, 1992, the appellant entered into an agreement with the respondent for construction of Industrial Covered Electrical Loco Shed. Subsequently, according to the appellant, the agreement was terminated in terms of clause 64 of the General Conditions of Contract by which the agreement between the parties was governed. The twin reasons for termination of the contract were that the respondent initially delayed the commencement of the work and subsequently executed ...2/-

On 24th July, 1996, the respondent raised certain claims against the appellant.

Since the disputes were not referred to arbitration, the respondent approached the High Court of Calcutta under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Arbitration Act, 1996”) for the appointment of a sole arbitrator. The High Court by its order dated 10th July, 1998 appointed Mr. Justice Satyabrat Mitra as the sole arbitrator. The learned arbitrator duly commenced the arbitration proceedings, in which the appellant fully participated. The appellant filed statement ...3/-

of defence. Upon completion of the arbitration proceedings, the learned arbitrator made the award on 25th January, 2002. The claims of the respondent were accepted and the award was rendered in favour of the contractor in the sum of Rs.1,29,89,768/-.

Aggrieved by the aforesaid order, the appellant filed Intra-Court appeal before the Division Bench of the High court, which has also been dismissed by the impugned judgment dated 15th June, 2005.

...10/-

In our opinion, the obligations are fully applicable to the facts of this case. The appellant is deemed to have waived the right to object with regard to the lack of the jurisdiction of the Arbitral Tribunal.

...12/-

We, therefore, see no merit in the appeal and the same is hereby dismissed.

No costs.

(RANJANA PRAKASH DESAI) NEW DELHI FEBRUARY 18, 2014
Karnataka Power Trans.Corp. Ltd. ... vs Sri C Nagaraju

3. The final notice was issued by the Appellant seeking an explanation from Respondent No.1 as to why the report of the Inquiry Officer should not be accepted. The reply submitted by Respondent No.1 was considered, and [3] by an order dated 23.03.2007, Respondent No.1 was dismissed from service. The said order was affirmed by the Appellant Authority on 24.06.2008. Aggrieved by the order of dismissal from service, Respondent No.1 filed a writ petition in the High Court of Karnataka which was allowed by a learned single Judge by a judgment dated 08.09.2011. The Writ Appeal filed by the Appellant was dismissed by the Division Bench. Dissatisfied with the judgment of the High Court, the Appellant is before this Court.

8. Mr. Chandrasekhar who was an electrical contractor submitted a complaint in which it was stated that he made an application for an electrical connection in favour of his client, Mrs. Savithri. He alleged in the complaint that Respondent No.1 demanded a bribe of Rs.1250/- for giving the electricity connection. After negotiation, the amount of bribe was reduced to Rs.750/-. Unwilling to pay the illegal gratification, Mr. Chandrasekhar lodged a complaint before the Lokayukta Police on 15.05.1998. A case was registered under Sections 7, 13(1)(d) read with Section 13(2) of the PC Act. A trap was laid and Respondent No.1 was caught accepting the amount of Rs.750/- from Mr. Chandrasekhar. The right hand of Respondent No.1 was washed in Sodium Carbonate solution and it turned into pink colour. The complainant [7] appeared before the Inquiry Officer and deposed against Respondent No.1 about demand and acceptance of illegal gratification. That apart, the complainant Mr. Chandrasekhar also gave details about the trap laid down by the Lokayukta Police. Mr. Santhosh Kumar, Deputy Superintendent of Police who conducted the trap was examined as PW3. After taking into account the evidence, the Inquiry Officer held Respondent No.1 guilty of the charge. Considering the gravity of misconduct in demanding and accepting illegal gratification, the Disciplinary Authority found Respondent No.1 not fit to continue in service.

14. For the aforementioned reasons, the Appeal is allowed.
State Of Bihar & Ors vs Nirmal Kumar Gupta

3. As the factual matrix would exposit, the Collector, Kishanganj, got the sale notification in Excise Form 127 issued for settlement of various excise shops in various groups in the district of Kishanganj for the financial year 2006-07 which stipulated that the settlement shall be made on 23rd March, 2006 on auction-cum-tender basis and, accordingly, applications were invited from interested persons. As the settlement could not be effected in respect of group ‘ka’ shops in the said district, the Collector issued a second notification on 17th May, 2006 for the said group ‘ka’ which consisted of six country spirit shops and three spiced country spirit shops. On 5th June, 2006, the group ‘ka’ excise shops were settled in favour of the respondent at a monthly licence fee of Rs.8,29,600/-. The respondent deposited the advance security of Rs.8,29,594/- on 7th June, 2006 and further Rs.8,29,600/- on 22nd June, 2006. The Collector, Kishanganj moved the Commissioner for his approval and the same was granted on 1st July, 2006 in the office of the Collector on 5th July, 2006 and on that day itself, the licence was issued in favour of the respondent- licencee. It is the case of the appellant that as the respondent did not deposit the requisite 1/4th amount of the annual licence fee as advance security as prescribed under the Rules but did so in three instalments, there was delay in obtaining the approval from the Excise Commissioner in terms of Rule 17(kha) of the Rules. Despite the delay in the payment of the advance deposit, the Collector had recommended his case for approval and, eventually, the Commissioner approved the grant of licence in respect of group ‘ka’ shops and, ultimately, the licence was issued, as stated earlier, on 5th July, 2006.

4. As there was breach of the conditions of the licence, a demand was raised for the period commencing 5th June, 2006 to 5th July, 2006 by the Excise Superintendent, Araria-cum-Kishanganj on 27th March, 2007. On receipt of the demand notice, the respondent moved the Excise Superintendent on 29th April, 2007 asking him to withdraw the demand on the ground that he had not utilized the privilege during that period. Thereafter, he challenged the demand notice before the Excise Commissioner, who rejected the application vide order dated 18th September, 2008. Being grieved by the said order he moved the High Court invoking the writ jurisdiction in CWJC No. 16577 of 2008.

32. Consequently, the appeal is allowed, the order passed by the High Court is set aside and that of the Excise Commissioner is restored. The parties shall bear their respective costs.

January 08, 2013