L-NLProc/TathyaNyaya-and-FactLegalLlama-NyayaScrape-Datasets huggingface dataset:
Ramachandran vs State Of Kerala

The facts:

3. There was a history of matrimonial discord between the parties. Remani believed that the appellant was having illicit relations with the wife of his elder brother which seems to have been the cause of conflict. At one stage Remani had even left the matrimonial home. However, on an application having been filed by the appellant for restitution of conjugal rights, the matter was settled between the parties and Remani went back to the matrimonial home. Unfortunately, it appears that even thereafter, matrimonial disputes took place between the parties.

4. According to the prosecution, on the intervening night of 10th and 11th March, 1998 at about 1.00 a.m. there was a quarrel between the appellant and Remani. Subsequent to the quarrel, the appellant forcibly administered to Remani a highly toxic carbonate compound called Furadan which is a strong pesticide used for plantain cultivation and was kept in a bottle in the house.

5. On being forcibly administered the poison, Remani ran out of her house and fell down on the eastern side where it is alleged that the appellant smothered her by closing her nose and mouth with his hands. The poison and smothering of Remani resulted in her death.

6. Early morning, Remani’s parents were called and her father lodged a First Information Report at about 12.30 p.m. in which he stated that the appellant used to inflict physical torture on Remani and due to the continuous harassment she consumed poison and committed suicide.

8. The prosecution examined as many as 16 witnesses and produced several documents and material objects in support of its case including a bottle containing Furadan.

9. The material witnesses for the prosecution before the Trial Court were PW-1, PW-2, PW-3, PW-7 and PW-10.

19. On the basis of the above facts, the Trial Court held the appellant guilty of having committed the murder of Remani and sentenced him to imprisonment for life.

23. In view of the fact that the appellant had a motive to murder Remani and there was clear medical evidence suggesting smothering and poisoning of Remani, the High Court upheld the conviction and sentence. Discussion and conclusions:

27. Keeping these principles in mind, we have considered the evidence on record and find no exceptional circumstance or reason to disturb a concurrent finding of fact by both the Courts.

30. The fact that the appellant may have looked after Remani during her illness for a couple of days is neither here nor there. He was expected to do so.

34. We are conscious that the case is one of circumstantial evidence but we are not able to find any break in the chain of evidence which could possibly throw up some other possibility. Under these circumstances, we find no reason to interfere with the conviction and sentence awarded to the appellant by the Trial Court and confirmed by the High Court.

35. There is no merit in the appeal and it is accordingly dismissed.

October 30, 2012
Nagesar vs State Of Chhatisgarh

3. 2007. The appellants herein Nagesar and Khetro accused Nos. 6 and 7 respectively, in Sessions Trial No.232 of 2005 on the file of 10th Additional Sessions Judge (FTC) Durg, were tried along with five other accused and all of them were convicted for the offence under Sections 147, 148 and 302 IPC and each of them was sentenced to undergo rigorous imprisonment for one year and pay a fine of Rs.1000/- and in default to undergo rigorous imprisonment for two months for offence under Section 147 IPC; one year rigorous imprisonment and to pay a fine of Rs.2000/- each and in default to undergo rigorous imprisonment for three months for the offence under Section 148 IPC and life imprisonment and to pay a fine of Rs.3000/- in default to undergo six months imprisonment for the offence under Section 302 IPC and the sentences were directed to run concurrently.

6. Background facts of the case in a nutshell are as follows:

6. Pursuant to Ex.P.10 disclosure statement of accused No.4 Rajender Prasad wooden plank was recovered under Ex.P22. Pursuant to the disclosure statement of accused No.3 Pradeep stone was recovered under Exh.P.11. On Exh.P.12 disclosure statement of PW1 Bhimsen stick was recovered under Exh.P.16. On the disclosure statement of juvenile accused Pitambar sword and clothes Exh.P.23 were recovered under Exh.P.14 and Exh.P15. Blood stained clothes of other accused were also seized. The seized articles were sent for clinical examination under Exh.P38 and Exh.P40 is the report. On completion of investigation final report was filed. The case against the juvenile accused Pitambar was filed before the Juvenile Justice Board.

13. It is settled law that mere presence or association with other members alone does not per se be sufficient to -

14. In the result both the appeals are allowed and the appellants are given benefit of doubt and the conviction and sentences imposed on them are set aside and they -

are acquitted of all the charges framed against them. They are directed to be released from the custody forthwith unless otherwise required in connection with any other case.

May 5, 2014
General Manager, Uco Bank And Anr vs M. Venuranganath

3. Background facts in a nutshell are as follows:

04.05.1993. After his reinstatement, departmental proceedings were initiated. The same were questioned by a writ petition being writ Petition No.15797 of 1994 which was allowed by learned Single Judge. But in writ appeal No.884 of 1998, a Division Bench directed dismissal of the writ petition. The departmental enquiry was concluded on 29.02.2003. The respondent was found guilty. So far as payment of salary, allowances etc. are concerned, relevant portion of the order read as follows:

Explanation :- The period of forty-eight hours referred to in clause (b) of this sub-regulation shall be computed from the commencement of the imprisonment after the conviction and for this purpose, intermittent periods of imprisonment, if any, shall be taken into account.

(3) Where a penalty of dismissal, removal or compulsory retirement from service imposed upon an officer employee under suspension is set aside in appeal or on review under these regulations and the case is remitted for further inquiry or action or with any directions, the order of his suspension shall be deemed to have continued in force on and from the date of the original order of dismissal, removal or compulsory retirement and shall remain in force until further orders.

(4) Where a penalty of dismissal, removal or compulsorily retirement from service imposed upon an officer employee under suspension is set aside or declared or rendered void in consequence of or by a decision of a court of law, and the disciplinary authority, on consideration of the circumstances of the case, decides to hold further inquiry against him on the allegations on which the penalty of dismissal, removal or compulsory retirement was originally imposed, the officer employee shall be deemed to have been placed under suspension by the competent authority from the date of the original order of dismissal, removal or compulsory retirement and shall continue to remain under suspension until further orders.

(b) An order of suspension made or deemed to have been made under this regulation may at any time be modified or revoked by the authority which made or is deemed to have made the order."

Provided that the payment of allowances under this sub-regulation shall be subject to all other conditions to which such allowances are admissible:

14. The appeal is, accordingly, dismissed. There will be no order as to costs.
Rbf Rig Corpn., Mumbai vs Commissioner Of ...

3) The brief factual matrix involved in this appeal are:

14) The facts in the present case are that, since the request of the appellant for issuance of Essentiality Certificates was delayed, the appellant was constrained to approach the Delhi High Court 9 by filing a petition under Article 226 of the Constitution of India, inter-alia requesting the Court to direct ONGC to consider the request of the appellant for issuance of Essentiality Certificates vide its letter dated 21st May, 2002. On a concession made by learned counsel for ONGC, the Court, while permitting the parties to file their pleadings, further observed that the appellants, if they are willing to get their consignment of spare parts released, may do so by paying the customs duty as demanded under protest subject to final orders in the petition. The writ petition was finally disposed of by the Court by its order dated 11th March, 2003, in the presence of learned counsel for respondents, wherein the Court specifically directed the respondents to consider the refund claims preferred by the petitioners taking into consideration the Essentiality Certificates issued by ONGC.

17) In Halsbury's Laws of England, 4th Edn., Vol. I, para 89, it is stated that the purpose of an order of mandamus "is to remedy defects of justice; and accordingly it will issue, to the end that justice may be done, in all cases where there is a specific legal right and no specific legal remedy for enforcing that right; and it may issue in cases where, although there is an alternative legal remedy, yet that mode of redress is less convenient, beneficial and effectual."

19) We hasten to add, if for any reason, the subordinate authority is of the view that the directions issued by the Court is contrary to statutory provision or well established principles of law, it can approach the same Court with necessary application/petition for 13 clarification or modification or approach the superior forum for appropriate reliefs. In the present case, as we have already noticed, the respondents have not questioned the order passed by the High Court, which order has reached finality. In such circumstances, we cannot permit the adjudicating authority to circumvent the order passed by the High Court.

21) In view of the above, we allow this appeal and direct the Customs authorities to consider the appellant's claim of refund of customs duty paid under protest in accordance with the directions issued by Delhi High Court vide its order dated 11.03.2003 as expeditiously as possible. In the facts and circumstances of the case, we direct the parties to bear their own costs.
M. Srinivasulu vs State Of A.P

2. Background facts as projected by prosecution in a nutshell are as follows:

3. To establish its accusations prosecution examined 11 witnesses and 16 documents were exhibited. PWs. 1 and 2 were the father and mother of the deceased respectively while PW3 was a relative. PW4 was a brother of the deceased while PW5 was the sister of the deceased. PW 6 was a caste elder. PW 10 is the Doctor who conducted the autopsy while PW 11 was the investigating officer. On consideration of the evidence on record, learned II Additional Metropolitan Sessions Judge, Hyderabad convicted the appellant for offence punishable under Section 304B and sentenced him to undergo imprisonment for ten years and to pay a fine of Rs.10,000/- with default stipulation. The acquitted co-accused A2 i.e. the mother of the appellant was sentenced to undergo imprisonment for seven years. Though the accused person was found guilty for offence punishable under Section 498A no separate sentence was imposed. Questioning correctness of the trial court's judgment, an appeal was preferred before the High Court by both the accused. It was essentially the stand of the appellant before the High Court that there was no material to show any demand of dowry and therefore neither Section 498A nor Section 304B had any application. It was pointed out that the deceased stayed for only 12 days at the matrimonial home. Reference was made to several letters which clearly establish that the deceased was unhappy not because of any demand of dowry but because the appellant used to stay most of the times with the parents and the mother in law was taking objection to her long absence from the marital home. The High Court did not find any substance in the stand of the appellant but found that there was no material to show that the co-accused i.e. the mother in law was guilty of the charged offences. Accordingly her conviction was set aside and she was acquitted. However, in case of the appellant the conviction was maintained and the sentence was reduced as afore-stated.

16. The appeal is allowed.
Spl. Land Acquisition Officer vs Maharani Biswal & Ors

3. The facts leading to the filing of the present case are that Land measuring Ac. 4.98 decimals appertaining to Plot Nos.

4. The Ld. Subordinate Judge, after receiving evidence, by an order dated 06.09.1990, determined the compensation of the acquired land at the rate of Rs. 10,000/- per acre.

14. Considering the entire facts and circumstances of the case, we set aside the judgment and order passed by the High Court and we are of the considered opinion that the High Court should discharge its duty and responsibility of appreciating the entire evidence on record as it is the last court of appeal in view of the provisions of Section 54 of the Act. The High Court shall appreciate the entire evidence on record and thereafter give a proper finding on the basis of both, oral and documentary evidence by taking notice of the observations made herein and thereafter decide all the issues that are raised before it by the parties.

15.We also desire that this case requires early disposal by the High Court and, therefore, we direct the parties to appear before the High Court on 15th September, 2011 for obtaining the dates in the appeal.

16.With the above observations and directions, this appeal is disposed of as allowed but leaving the parties to bear their own Page 9 of 10 costs.

............................................J [Dr. Mukundakam Sharma] ............................................J [Anil R. Dave] New Delhi August 24, 2011.
Fruit Commission Agents Association & ... vs Government Of Andhra Pradesh & Ors

4. The facts of the case are that the wholesale business in fruits was located at Jambagh area in Hyderabad city. Because of its location on either side of the road it gave rise to a lot of traffic problems, and there were no facilities to the sellers and purchasers. Hence to ease the growing traffic problems and provide better marketing facilities the Agricultural Market Committee acquired 22 acres of spacious land at Gaddiannaram on the outskirts of Hyderabad city at a cost of Rs.3.5 crores in 1985 for shifting of the wholesale market there. It is alleged by the respondents that the type-design and proposed construction of shop-cum-godowns (sheds) was taken up only after consultation with the representatives of the Fruit Commission Agents who were doing business in Jambagh area, and shops were constructed accordingly.

10. It may be mentioned that the appellant Fruit Commission Agents Association had also filed W.P. No.10026 of 1992 in the High Court praying for a direction to the respondents to construct a pucca permanent market complex and a learned Single Judge by order dated 4.12.1992 directed the Market Committee to construct permanent sheds and hand them over to the traders within six months. Aggrieved, appeals were filed being W.A. No.342 of 1993 and 172 of 1993 which were disposed off with a direction to make certain improvements. It is alleged by the respondents that accordingly cement concrete was laid in between the two platforms, and other improvements were made. It is alleged that if the present sheds are converted into R.C.C. structures it will involve a huge further cost. It is alleged that the present shops- cum-godowns were constructed by the Market Committee in 1986 after consultation with the appellant association. Concessional rent was initially charged, and when the rent was revised W.P. Nos.2806 of 1992, 2820 of 1992 and 3565 of 1992 were filed, in which the impugned judgment was passed.

12. It is alleged that if pucca shops have to be built by the Market Committee it will entail further expenditure of Rs.3.70 crores for only 51 shops-cum-godowns.

16. In the facts and circumstances of this case, we dismiss these appeals but with the request to the Market Committee to consider any genuine grievances of the appellant expeditiously. No costs.
Medical Council Of India vs J.Saai Prasanna & Ors. Etc. Etc

2. The private respondents are students who claim that they have completed the MBBS course in International Medical and Technological University (`IMT University' for short), a foreign University situated in Tanzania. The said university was established in Tanzania, by Vignan Education Foundation, an organization based in India. They fall under two categories. The first category are those who underwent the first two terms (Pre-clinical and Para clinical courses of 18 months each) between October 1998 and May 2002 at Katuri Medical College and Hospital, Guntur (which was, at that point of time, an unrecognized medical college) and the last term (the clinical course of 18 months) at Tanzania between June 2002 to November 2003/January 2004. The second category of students are those who underwent the entire course of study at Tanzania.

3. All these students, after successful completion of the course, underwent the Screening Test conducted by the National Board of Examinations as provided under the Screening Regulations. Some of the students were declined provisional registration and therefore could not do the internship in India and obtain permanent registration. Some of the 3 students were granted provisional registration, completed the internship, but were declined permanent registration. Some students, after securing provisional registration and completing the internship, were granted permanent registration, but subsequently their registrations were cancelled.

On a careful consideration of the facts and the legal position, we find no error in the impugned judgment of the High Court. The special leave petitions are therefore liable to be dismissed.

13. Subject to the requirement that the first category students should undergo a fresh internship of one year in view of the long gap from the date of the degree and internship, these special leave petitions are dismissed, upholding the decision of the High Court.

14. All applications for impleadment by the similarly situated students (that is persons having medical degree from IMT University who have done the complete course at Tanzania) or part of the course in India and remaining part in Tanzania are allowed. They will be entitled to similar reliefs as granted above.
Joseph & Anr vs State Of Kerala & Anr

4. The 1971 Act was enacted to provide for vesting the private forests with the government in the State of Kerala and for the assignment thereof to agriculturists and agricultural labourers for cultivation.

(2) in relation to the remaining areas in the State of Kerala any forest not owned by the Government including waste lands which are enclaves within wooded areas."

8. An application appeared to have been filed by the appellants before the Forest Tribunal which was marked as OA No. 594 of 1976 stating that 13.50 acres (5.46 hectares) of rubber had been planted. The dispute was only in relation to the 14 acres of land. The said application was allowed by the Tribunal by an order dated 21.02.1979 holding that the appellants have got title and possession thereto and have been holding lands within the ceiling limits. The Tribunal granted exemption in respect of the land in question in terms of Section 3(3) of the 1971 Act. It was held:

12. By reason of an order dated 24.08.1983, the said review petition filed by the Custodian was dismissed stating:

18. For the reasons aforementioned, the impugned judgment is set aside and the matter is remitted to the High Court for its consideration thereof afresh in accordance with law. The appeals are allowed with the aforementioned observations. No costs.
Rajendra Shankar Shukla And Ors. Etc vs State Of Chhatisgarh And Ors. Etc. Etc

The facts of the case are stated hereunder:-

Out of the total 4969 private land owners, 39 land owners did not agree to the Scheme/procedure adopted and preferred 23 writ petitions on various grounds which were dismissed by the learned single Judge of the High Court of Chhattisgarh, Bilaspur. Aggrieved by the same, six Writ Appeals were filed by 13 land owners. The Division Bench of the High Court of Chhattisgarh at Bilaspur, after considering the facts, circumstances and evidence on record of the cases, upheld the validity of the KVTDS planned by the RDA and dismissed the appeals on the ground that the same were devoid of merit. Hence, the present appeals.

Land of petitioner’s Chinmay Builders and Jalaram Cooperative Housing Society of village Tikrapara is on the fringe of their existing colonies, and is therefore, sufficiently developed.

Land of petitioner’s Chhatri Family and petitioner Vijay Rajani and family is on the main orad and is sufficiently developed on account of proximity to the main road.

What is discouraged and deprecated is small unauthorized layouts without any basic amenities. Be that as it may.

Since we answered all the points framed in these cases in favour of the appellants, we allow these appeals by setting aside the impugned judgments and orders passed by the High Court of Chhattisgarh at Bilaspur in writ appeals and writ petitions of the appellants and further allow the prayer of the appellants by quashing the acquisition of their land of the villages which were included subsequently in the KVTDS in their respective writ petitions. The appeals are allowed. No costs.