L-NLProc/TathyaNyaya-and-FactLegalLlama-NyayaScrape-Datasets huggingface dataset:
Durgapur Casual Workers Union & Ors vs Food Corp.Of India & Ors

3. The factual matrix of the case is as follows:

4. The said reference was registered as Reference No.21 of 1996 before the Tribunal. The Tribunal on appreciation of evidence brought on record by the Management of the Corporation and the workmen and hearing the parties answered the reference in favour of the workmen by Award dated 9th June, 1999 and held that continued casualization of service of workmen amounts to unfair labour practice as defined in item no.10 in part I of the Fifth Schedule of the Act and that social justice principle demands order of absorption and thereby directed the Management to absorb 49 casual workmen as per list.

5. The Corporation being aggrieved preferred a Writ Petition being W.P.No.21368 (W) of 1999 before the High Court at Calcutta. The learned Single Judge of the High Court on hearing the parties and taking into consideration the evidence on record, dismissed the writ petition by judgment and order dated 18th February, 2005 and affirmed the Award passed by the Tribunal.

25. It is always open to the employer to issue an order of "retrenchment" on the ground that the initial appointment of the workman was not in conformity with Articles 14 and 16 of the Constitution of India or in accordance with rules. Even for retrenchment on such ground, unfair labour practice cannot be resorted and thereby workman cannot be retrenched on such ground without notice, pay and other benefits in terms of Section 25F of the Industrial Disputes Act, 1947, if continued for more than 240 days in a calendar year.

24. For the reasons aforesaid, we aside the impugned judgment dated 25th February, 2009 passed by the Division Bench of the High Court at Calcutta in F.M.A. No.2345 of 2005 (C.A.N.8685 of 2007 and C.A.N.4726 of 2008). Award dated 9th June, 1999 passed by the Tribunal in Reference No.21 of 1996 as affirmed by the learned Single Judge by order dated 18th February, 2005 in W.P. No.21368 (W) of 1999 is upheld. The respondent- Corporation is directed to implement the Award from its due date as ordered by the Tribunal. The appeal is allowed with aforesaid observations and directions. No costs.

DECEMBER 09, 2014.
State Of H.P vs Naresh Kumar @ Kaka & Ors

Learned Sessions Judge, Hamirpur had found the present respondent- accused persons guilty and had convicted each one of them and sentenced to imprisonment for life and to pay fine of Rs.2000/- with default stipulation. Learned Sessions Judge, however, acquitted the co-accused Sunil Kumar.

Therefore, without expressing any opinion on merit, we set aside the impugned judgment and remit the matter to the High Court for fresh consideration.

The appeal is allowed accordingly.

Sd/-

..........................J. [ASOK KUMAR GANGULY] New Delhi.

April 22, 2009.
C.I.T.,Ahmedabad vs Reliance Petroproducts Pvt.Ltd

3. Few facts would be relevant.

4. The assessee is a company and the relevant Assessment Year is 2001-02. The Return was filed on 31.1.2001 declaring loss of Rs.26,54,554/-. This assessment was finalized under Section 143(3) of the Act on 25.11.2003 whereby the total income was determined at Rs.2,22,688/-. In this assessment the addition in respect of interest expenditure was made. Simultaneously penalty proceedings under Section 271(1)(c) of the Act were also initiated on account of concealment of income/furnishing of inaccurate particulars of income. The said expenditure was claimed by the assessee on the basis of expenditure made for paying the interest on the loans incurred by it by which amount the assessee purchased some IPL shares by way of its business policies. However, admittedly, the assessee did not earn any income by way of dividend from those shares. The company in its Return claimed disallowance of the amount of expenditure for Rs.28,77,242/- under Section 14A of the Act.

The situation in the present case is still better as no fault has been found with the particulars submitted by the assessee in its Return.

12. The Tribunal, as well as, the Commissioner of Income Tax (Appeals) and the High Court have correctly reached this conclusion and, therefore, the appeal filed by the Revenue has no merits and is dismissed.

March 17, 2010.
Arulmighu Dhandayupaniswamy ... vs Dir. General Of Post Offices & Ors

2) Brief facts:

(c) Aggrieved by the decision of the Postal Authorities, the appellant, on 10.01.1996, sent a legal notice to the respondents calling upon them to pay a sum of Rs.9,13,951/- within a period of seven days, being the interest @ 12% p.a. on the sum of Rs.1,40,64,300/- from the dates of deposit till the dates of withdrawal. As nothing was forthcoming from the respondents, the appellant preferred a complaint before the State Consumer Disputes Redressal Commission (in short "the State Commission"). Vide order dated 08.08.1997, the 3 State Commission was divided over its opinion in the ratio of 2:1. The majority opinion comprising of the Chairman and Member II dismissed the complaint filed by the appellant.

(d) Aggrieved by the dismissal of the complaint by the State Commission, the appellant preferred an appeal to the National Commission which was also dismissed on 31.05.2006. Challenging the said order, the appellant has preferred this appeal by way of special leave before this Court.

5) We have already adverted to the factual details. It is the case of the respondents that the Central Government had issued a Notification being No. G & SR 118(E) 119(E) 120(E) as per which no Time Deposit shall be made or accepted on behalf of any institution with effect from 01.04.1995. It is not in dispute that the appellant-Temple had deposited a huge sum of money amounting to Rs.1,40,64,300/- with the Post Master from 05.05.1995 to 16.08.1995. The said deposit was for a period of five years under the Scheme. Though the 3rd Respondent had accepted the amount under the said Scheme and issued a receipt for the same, later it was found that the deposits made on and from 01.04.1995 were against the said Notification which amounted to contravention of the Post Office Savings Bank General Rules, 1981 (in short `the Rules').

Both the State and the National Commission have concluded that the 3rd Respondent was ignorant of any Notification and because of this ignorance the appellant did not get any interest for the substantial amount. We agree with the factual finding arrived at by the State and the National Commission and in view of the circumstances discussed above, the respondents cannot be fastened for deficiency in service in terms of law or contract and the present appeal is liable to be dismissed.

10) Before parting with this appeal, we intend to make the following suggestions to the Post Offices dealing with various accounts of deposits:

JULY 13, 2011.
State Of Bihar vs Dilip Kumar

Dr Dhananjaya Y Chandrachud, J 1 A Division Bench of the High Court of Judicature at Patna by its judgment dated 30 March 2015 affirmed the view of the learned Single Judge, and directed the grant of compassionate appointment to the respondents on a regular scale of pay in the services of the State Government and not on the post of Nagar Shikshaks to which they were appointed. This direction was based on an instruction dated 17 October 2008 issued by the Government of Bihar, which has since been withdrawn. Aggrieved by order of the Division Bench, the State of Bihar is in appeal. 2 Digitally signed by SANJAY KUMAR Date: 2019.07.18

The father of the first respondent died in harness on 7 May 2006, while in 12:24:45 IST Reason:

They are not similarly situated to those who were recommended for appointment to Class III posts prior to 01.07.2006. The Appellants, who were appointed after 01.07.2006, the date on which the Rules came into force, are not entitled to claim appointment on regular pay scales. It is relevant to note that the judgment of the Full Bench of the High Court of Patna was challenged before this Court. The said SLP was withdrawn with liberty granted to the petitioners therein to approach the Government for suitable relief.” (Emphasis supplied) 11 Admittedly, in the present case as well, the respondents have been appointed after 1 July 2006. Their case would hence be governed by the 2006 Rules. The above observations contained in the decision of the Division Bench in Mukesh will apply to the respondents in the present case. The High Court was manifestly in error in directing the Government of Bihar to appoint the respondents in its regular service despite the fact that their appointments were made after the 2006 Rules were brought into force. The respondents duly accepted their appointments as Nagar Shikshaks. However, we grant liberty to the respondents to approach the State Government for suitable relief in terms of the orders passed in Special Leave Petition (C) No 29655 of 20107 and in the same terms as ordered by this Court in its judgment dated 3 April 2017 in Mukesh. 12 The civil appeal is allowed. The judgment and order of the High Court dated 30 March 2015 is set aside. There shall be no order as to costs. 7 Rajiv Ranvijay Kumar v State of Bihar 10 13 Application for impleadment is disposed of. Pending application(s), if any, are also disposed of.

.....................................................J [Dr Dhananjaya Y Chandrachud] .....................................................J [Indira Banerjee] New Delhi;

July 18, 2019
Dharmarth Trust J&K; Jammu & Ors vs Dinesh Chander Nanda

3) Brief facts:

(a) The Respondent, a qualified, registered and licensed Architect, is engaged in his professional business in the name of M/s Nanda Designers Consortium having its office at 60 Purani Mandi, Jammu. On 19.10.1992, he was engaged by the Trust for the purpose of providing professional consultancy services as an architect for various projects at different sites in Jammu. As per the terms of the said contract, a fee of 2.5% of the total project cost was fixed for providing such services.

(b) On 14.12.1993, the appellants-Trust telephonically communicated the respondent not to work further for their projects and terminated his services as an Architect. A formal communication was also served on 16.01.1994 regarding the termination of his services.

6) The Trial Court and the High Court have held that the suit is covered by Article 119 of the Act. According to the appellants, the suit filed by the respondent-Architect is governed by Article 56 of the said Act and the same was barred by limitation on the date of its institution. On the other hand, the submission of the respondent is that the same was covered by the residuary Article 119 which provides for a period of 6 years on the ground that the nature of services provided was professional services and the remuneration for the same being termed as `fee' and the same does not fall within the expression `price' for `work done'.

16) We agree with the ratio laid down by the Allahabad and Gauhati High Court relating to Article 56 of the Indian 12 Limitation Act, 1908 that the term "price of work done" cannot be made applicable to professions where the professionals merely provides services for a "fee". We accept the claim of the respondent that the profession of an Architect is one such service, hence Article 56 is not applicable to the present case. Both the Trial Court as well as the High Court has arrived correct conclusion.

17) In the light of the above discussion, we do not find any error in the conclusion arrived at by the Trial Court and affirmed by the High Court. Consequently, the appeal fails and the same is dismissed with no orders as to costs. We further make it clear that our conclusion is confined to the interpretation relating to limitation and we have not expressed anything on the merits of the claim made by the parties.
Om Prakash vs State Of Punjab & Ors

3. Consequently, a departmental proceeding was initiated against the appellant for awarding major punishment. In the said proceedings, the appellant appeared and contested the matter. After the conclusion of the inquiry, the inquiry officer submitted his report finding the appellant guilty of the charges. On submission of the aforesaid report by the Inquiry Officer, the competent and disciplinary authority on going through the records passed an order of dismissal from service.

4. The said order was challenged by the appellant by filing an appeal which was dismissed and thereafter, by filing a revision petition, which was also dismissed.

6. Being dissatisfied with the aforesaid judgment and decree passed by the Trial Court, an appeal was filed which was heard by the District Judge and the said appeal filed by the 3 respondent herein was dismissed. Still aggrieved, the respondent filed an appeal before the High Court which was registered as RSA No. 336 of 1993. The said second appeal was heard and by the impugned judgment and order, the said second appeal was allowed and the judgment and decree passed was set aside. The High Court held that the order of punishment awarded against the appellant herein is legal and valid. Being aggrieved, the appellant has filed this appeal on which we have heard the learned counsel for the parties who have taken us through the records.

13. There is yet one more factor which stands against the appellant herein. It is indicated from the counter affidavit filed by the respondents 1 to 4 that the appellant had also been punished earlier to the aforesaid incident also with a punishment for leave without pay for total of 527 days on different occasions in service as per details below:-
Lal Chand vs Oriental Insurance Co. Ltd

Heard learned counsel appearing on either side. This appeal is directed against the final judgment and order dated 6.5.2003 passed by the High Court of Punjab & Haryana at Chandigarh in F.A.O. No.1587 of 2002. The appellant before us is the owner of the vehicle, a truck. The respondent is the insurer of the vehicle. The vehicle met with an accident on 11.10.1998. The claim petition was filed by the claimants before the Tribunal. Accepting their claim, the Tribunal awarded compensation of Rs.2.70 lakhs along with interest. The Tribunal held that the accident took place due to rash and negligent driving of the driver Mam Chand and that the appellant-owner had not committed any breach of the terms and condition of the insurance policy and that the Insurance Company is liable to make the payment of compensation amount to the claimants as insurer of the truck.

Aggrieved against the order passed by the High Court, the appellant has preferred the above appeal in this Court. The above appeal was filed with a delay of 339 days. This Court issued notice on the special leave petition as well as on the application for condonation of delay. After notice, the respondent Insurance Company has also filed a counter affidavit and the matter was listed today for final hearing. At this stage no purpose would be served to dismiss the civil appeal on the ground of delay in filing the appeal. Since the notice was ordered on special leave petition and on the delay and the counter affidavit has already been filed, we condone the delay and heard the learned counsel appearing on either side, on merits of the rival claims.

We respectfully agree and following the above ruling, we allow the appeal filed by the owner of the vehicle and absolve him from any liability as ordered by the High Court. It is now brought to our notice that the entire compensation has already been deposited and the same has been withdrawn by the claimants. No other point has been urged by both sides. We, therefore, allow the appeal and order no costs.
D.M.,Oriental Insurance Co. Ltd vs Swapna Nayak & Ors

2) In order to appreciate the issue involved in these appeals, which lies in a narrow compass, it is necessary to set out the relevant facts in brief infra.

3) On 16.12.2006, one Mathurananda Nayak, a resident of U.S.A., and his mother Jita Nayak along with two others while coming from Cuttack side towards Aredi on NH No. 5 by a car bearing Registration No. OR-02-S-0565, collided with a truck bearing Registration No. OR-09-E-6357 driven by its driver which was coming from Paniloili side. As a result of the said accident, Mathurananda Nayak, Jita Nayak along with driver of the car sustained injuries and later succumbed to the injuries on the same day.

7) By a common Award dated 25.10.2011 in MCA No. 25 of 2007, the Tribunal allowed the applications. So far as M.C.A. No.25 of 2007 was concerned, the Tribunal held that the accident was caused due to rash and negligent driving of truck driver, that the deceased was aged 36 years, that annual income of the deceased was Rs.43,68,624/- (in Indian currency by applying the exchange rate of Rs.45/- per dollar). The Tribunal then applied the multiplier of 15 and after deducting 1/3rd towards personal expenses and adding therein some amount towards conventional heads, awarded a total sum of Rs.4,36,95,740/- to the claimants and accordingly directed the Insurance Company to pay the awarded sum to the claimants along with interest at the rate of 7.5% from the date of application.

10) By impugned common judgment dated 21.09.2012, the High Court partly allowed the appeal filed by the Insurance Company and reduced the compensation amount of Rs.4,36,95,740/-, which was awarded by the Tribunal, to Rs.3,75,00,000/-. It was held that the Tribunal deducted 1/3rd towards personal expenses of the deceased but did not deduct anything towards income tax from the salary. The High Court, therefore, interfered with the determination made by the Tribunal and accordingly re-worked the compensation and reduced it to Rs.3,75,00,000/-. All other findings were withheld. As a consequence, the claimants’ appeal for enhancement of compensation was dismissed.

19) In the light of foregoing discussion, we find no merit in the appeals, i.e., the appeal filed by the Insurance Company seeking further reduction in the compensation and the appeals filed by the claimants seeking enhancement in the compensation and accordingly dismiss the appeals and, in consequence, uphold the order of the High Court calling no interference therein.

20) Let the entire amount of compensation awarded to the claimants by the High Court be paid to the claimants by the Insurance Company within one month from the date of receipt of this judgment after adjusting the amount already paid. No costs.
Manoharan vs The State Of Tamil Nadu

2. A-1 Karuppaya, son of appellants got married to one Malathi, daughter of Karuthekannan and Vellathai (PWs 9 and 15 respectively) on 26.02.2001. According to the prosecution, at the time of marriage there were dowry demands and accordingly 50 sovereigns of gold, 2 sovereigns of hand chain, 3 sovereigns of gold chain, cash of Rs.50,000/- and certain house hold articles were given by the parents of Malathi. After marriage the couple started living at Cuddalore. In June 2002 the couple was blessed with a child. It is alleged that thereafter A-1 prevented said Malathi to enter the matrimonial home unless demands for additional dowry were satisfied. Panchayat meeting was held on 26.04.2003 but no compromise could be arrived at. A petition was sent by Malathi to the office of Chief Minister on 18.07.2003 whereafter Cuddalore police conducted inquiry. A-1 gave an undertaking that he would live with Malathi and accordingly he brought Malathi to the matrimonial home at Cuddalore on 08.12.2003.

9. We, therefore, allow this appeal and set aside the judgment and order of conviction and sentence as recorded against the appellants. The appellants are acquitted of the charge of Section 498A IPC leveled against them. The appellants are on bail. Their bail bonds stand discharged.
Ganga Nagar Central Coop. Bank Ltd vs Pushpa Rani & Anr

2. The Ganga Nagar Central Cooperative Bank Limited (hereinafter called the Bank) is an apex body under which respondent No.2, the Cooperative Mini Bank, Sujavalpur (hereinafter referred to as the Mini Bank) carries on its banking activities. The private respondents herein opened their savings/fixed deposit accounts with the Mini Bank and after having used the services of the bank for some time moved for the withdrawal of the money deposited by them. Their request was, however, turned down on the ground that there was no balance standing in their accounts. The respondents also visited the office of the Bank and requested for its intercession in the matter but this request too was refused. The depositors accordingly moved a petition before the District Forum, Sri Ganganagar praying for the release of the amounts deposited by them and for compensation and interest. Several pleas were taken by the respondents. The Mini Bank took the stand that the depositors had in fact no account with them whereas the Bank took the plea that they were in no way responsible for the management of the affairs of the Mini Bank which was an independent body and not responsible to it in any manner. The District Forum in its order dated 20th January 2003 held that the money had been deposited with the Mini Bank and it alone was liable for the deficiency of services and as such the depositors were entitled to relief. The Forum however absolved the Bank (the present appellant) of any liability by observing that there was no evidence to show that the Mini Bank was in any way working under the control of the Bank in these matters. The District Forum accordingly directed the release of the amount of the deposits plus Rs.2, 000/- as compensation and Rs.1,000/- as litigation expenses whereas the petition qua the Bank was dismissed. An appeal was thereafter filed before the State Commission by the Mini Bank against the aforesaid order and the Commission endorsed the findings of the District Forum that there had been a deficiency of services qua the depositors and further held that as the Bank was controlling and supervising the affairs of the Mini Bank and had guaranteed repayment upto Rs.10,000/- it too was liable to make good the loss to that extent and in conclusion observed:

3. The matter was thereafter taken in appeal to the National Consumer Commission by the Bank which maintained the findings of the State Commission and accordingly dismissed the revision petitions. It is in these circumstances that the matter is before us.

6. There will, however, be no order as to costs.