L-NLProc/TathyaNyaya-and-FactLegalLlama-NyayaScrape-Datasets huggingface dataset:
National Insurance Special Voluntary ... vs United India Insurance Co. Ltd.

2. The appellants are ex-employees of the respondent Insurance Companies, who initially joined as Assistants, between 1972 to 1980,and 1 went out of service taking advantage of the General Insurance Employees’ Special Voluntary Retirement Scheme, 2004 (for short ‘SVRS-2004 Scheme’). The bone of contention is the plea of these appellants, that they are also entitled to certain benefits arising under the earlier scheme known as The General Insurance (Employees) Pension Scheme, 1995 (for short ‘1995 Scheme’), which inter alia provided that the qualifying service of an employee, retiring under that1995Scheme, would be increased by a period not exceeding five (5) years, subject to certain conditions.

12. The aforesaid judgment was assailed before the learned Division Bench, which, however, opined to the contrary and dismissed the original writ petition filed by the appellants vide judgment dated 17.7.2017 in WA (MD) Nos.1228-1231/2016. It is this judgment which has been assailed before us.

but, he may not call in question the very fact of making the concession as recorded in the judgment.”

An employee who voluntarily retires under this Scheme shall not have any claims against the Company for re-employment or compensation or employment of any of his or her relative on compassionate grounds in the service of the company or for any other like benefits.” 12Supra.

24. We, thus, find no reason to interfere with the impugned order, except with regards to observations made in paras 33and 34 of the impugned order, and consequently, the appeals are dismissed leaving the parties to bear their own costs.

October 26, 2018.
Rudra vs Div.Mngr,National Insurance ...

3. On 15.12.2002, at about 1.30 pm, the appellant was walking on the road when a BMTC bus (bearing 1 No. KA-01-A-3638) came in high speed and dashed against the appellant, as a result of which the appellant sustained multiple injuries and was admitted in hospital for operation and treatment.

However, it enhanced compensation for pain and 4 suffering to Rs.20,000/-, Rs.5000/- for conveyance, nourishing food and attendant charges, Rs.9000/-

towards loss of income during period of treatment (taking income of appellant at Rs.3000/- p.m. for 3 months). Accordingly, the award of the Tribunal was modified and compensation was enhanced to Rs.1,48,200/-, with interest at 6% p.a.

9. Still dissatisfied with the compensation amount awarded, the appellant filed the present appeal before this Court. Having gone through the records and after hearing the parties, we are of the view that the appeal deserves to be allowed.

and for conveyance, nourishment and attendant charges to Rs.20,000/-.

Conveyance, nourishment and attendant charges - Rs.20,000/-

Loss of future income - Rs.1,87,920/-

Loss of income during treatment - Rs.9,000/-

Rs.3,00,000/-. The impugned judgment of the High Court is hereby modified, awarding Rs.3,00,000/-

with interest of 6% p.a. on the enhanced sum, payable from the date of the claim petition till realization.

14. The appeal is accordingly allowed.

15. No order as to costs.
M/S. Madura Coats Ltd vs M/S. Modi Rubber Ltd. & Anr

2. Company Petition No.1 of 2002 was filed by Madura Coats in the Allahabad High Court for winding up Modi Rubber on the allegation that Modi Rubber was unable to pay its huge undisputed debts. Notice was issued in the Company Petition to Modi Rubber who entered appearance but took several adjournments in the matter on one pretext or the other including furnishing the schedule for repayment of the admitted dues to the creditors, an arrangement being worked out with Apollo Tyres Ltd. and various other reasons.

4. Feeling aggrieved by the winding up order, Modi Rubber preferred an appeal before the Division Bench of the High Court which was allowed by the impugned judgment and order.

26. In view of the above, this Court was of opinion that the interim order passed by the High Court after the reference was registered by the BIFR could not be sustained and deserved to be set aside.

29. Quite apart from the above, we are also of opinion that in view of the subsequent developments and the fact that Madura Coats had participated before the BIFR and has taken its dues in terms of the rehabilitation scheme approved and sanctioned by the BIFR, nothing really survives for consideration in this appeal. Strictly speaking, we have merely undertaken an academic exercise pursuant to a reference made to a larger Bench.

31. The appeal is without merit and is dismissed.

……..……………………………..J ( Jagdish Singh Khehar) ……………………………………J ( Madan B. Lokur ) …..………………………………J ( C. Nagappan ) New Delhi;

June 29, 2016
Aslam @ Deewan vs State Of Rajasthan

3. The background facts in a nutshell are as follows:

On the basis of the above report, the police registered a chalked FIR (Exhibit P-2) under Section 392 IPC. During investigation of the case, accused Waseem @ Raju S/o Qadir 2 was arrested by the police on 2.5.2002 at Kadkad-duma Court premise, Delhi, at about 3.00 p.m., vide arrest-memo (Exhibit P-27) and accused-appellant Aslam @ Deewan S/o Shamshu Khan was arrested vide Exhibit P-25 on 11.5.2002 in the house of Sheokat Bhai, near Bilala Masjit, Delhi. Accused Waseem gave an information vide Exhibit P-21, under Section 27 of the Indian Evidence Act, 1872 (in short `Evidence Act') about the place of incident; he gave another information vide Exhibit P-22 in respect of shop from where he took one cycle on rent for the said incident, and the bag, which was looted on the date of the incident, and told that these articles lying at House No.C-48, Shahid Nagar, Gali No.3, Police Station Sahibabad (UP). He gave the third information under Section 27 of the Evidence Act vide Exhibit P-23 about Rs.10,000/- which were given to Bharat Properties, Loaini Road, to purchase a plot. In pursuance of the aforesaid information, a sum of Rs.10,000/- was recovered vide recovery - memo Exhibit P-24 in presence of witnesses Sajid and Manzoor Hasan. The other recoveries were also made in pursuance of the information given by the accused. The iron rod which was 3 used for inflicting injury on the person of injured Nand Kishore was seized vide seizure-memo Exhibit P-12 on 15.5.2002. The handbag and other gold items were recovered as per the information of the accused persons vide Exhibit P-

11. Since in the instant case minimum sentence has been awarded, we find no reason to interfere with the appeal.

12. The appeal is dismissed.
Ramprasad Balmiki vs Anil Kumar Jain & Ors

2. Appellant was working as a driver with the Cantonment Board, Gwalior. On or about 14.5.1997, he was riding on a two-wheeler. A Tempo bearing No. MIH-7952 was allegedly being driven by the first respondent rashly and negligently; it collided with the two-wheeler of the appellant. Appellant sustained a fracture in his right femur bone as also 2 tibia bone of his right leg. He was hospitalized. Allegedly, he underwent three operations. The right leg of the appellant is said to have been shortened. He filed a claim petition before the Motor Accident Claims Tribunal in terms of Section 166 of the Motor Vehicles Act, 1988 (for short, "the Act") claiming a sum of Rs. 17.94 lakhs for sustaining permanent disability in his right leg, loss of service, loss of leave, deficiency and expenses in treatment, etc. Long after the said accident took place as also after the filing of the claim petition, he was referred to the Civil Surgeon, Gwalior for medical check up. Allegedly, the Civil Surgeon declared him unfit to drive a vehicle pursuant whereto an order of premature retirement from service on medical ground was passed by the authorities of the Cantonment Board. The driver and the owner of the vehicle indisputably did not contest the claim.

An award for a sum of Rs. 85,000/- was passed by the Tribunal. The High Court, however, on an appeal preferred by the appellant herein against the said judgment enhanced the amount of compensation to Rs. 3,75,000/- opining that even as per the certificate issued by the Medical Board, the extent of permanent disability suffered by him was 40%, holding:

11. For the reasons aforementioned, we do not find any infirmity in the impugned judgment. The appeal is dismissed accordingly. However, in the facts and circumstances of the case, there shall be no order as to costs.

October 01, 2008
Chairman,Odisha Jt.Entrance ... vs Jasobanta Nayak & Ors

3. The respondent No.1 herein had appeared in the Odisha Joint Entrance Examination 2012 for admission into engineering course. He was assigned the rank at Sl. No.16871 in the general category and placed at No.80 under the physically challenged category for admission into the engineering course. As the respondent No.1 was physically handicapped, he had filed a certificate issued from the District Head Quarters Hospital, Balasore, Odisha, which had mentioned that he was visually disabled by 40%. Needless to say, visual 40% disability enables a candidate to be considered in the physically handicapped category.

9. Resultantly, the appeals are allowed and the order passed by the High Court is set aside. There shall be no order as to costs.

January 18, 2016.
Vithal Tukaram Kadam And Anr. vs Vamanrao Sawalaram Bhosale And Ors.

4. The High Court in second appeal, opined that there did not exist a debtor and creditor relationship between the parties. The deed contained no recital that the suit lands were being transferred for securing payment of money. The agreement was a sale deed, transferring title and possession. The option for reconveyance, was not exercised within the stipulated period of ten years. The suit itself was thus not maintainable. The plaintiff, while objecting to mutation in the name of the defendant, did not make any offer to repay the amount of Rs.700/- mentioned in the deed, seeking consequent return of the lands. The agreement was held to be a sale, with an option to repurchase.

18. The agreement, Exhibit 62, is held to be a mortgage by conditional sale and not a sale with an option to repurchase. Consequently the order of the High Court is held to be unsustainable and is set aside. The appeals are allowed.
M/S. Maharashtra State Seeds Corpn. Ltd vs Haridas & Anr

The appellant herein is a company incorporated and registered under the Companies Act, 1956. It deals in production and supply of seeds to the farmers. The respondent herein was appointed as an Assistant Field Officer. While he was working at Nanded, misconducts committed by him came to the notice of his superior officer. A preliminary enquiry was conducted thereabout whereafter a charge sheet was issued to him. A disciplinary proceeding was thereafter initiated against him.

(2) Shri Jadhao cannot be held responsible totally for late submission of record since the persons involved in distribution of F/seeds etc. was absconding & hence some time was required to collect the information from the seed growers.

The Managing Director of the appellant company on or about 27.1.1994 issued a show cause notice as to why two increments of pay from his salary should not be directed to be with held permanently. The 1st respondent filed his show cause thereto. However, another second show cause notice in supercession of the earlier notice, was issued on 21.3.1994 by the Managing Director of the appellant company on the ground that the charges which were proved against the 1st respondent being serious in nature and having regard to the gravity thereof, why the punishments specified therein should not be imposed, stating :

The respondent filed his show cause in furtherance of the said notice. Upon consideration of the said show cause the services of the 1st respondent was terminated by an order dated 27.9.1994. He questioned the legality of the said order by filing a writ petition before the Aurangabad Bench of the Bombay High Court, which was marked as WP No. 1343/95. The High Court in the impugned judgment noticed that he committed the following misconduct:

2675/- as well as Rs. 1218/- towards 50% costs of shortages in foundation seeds should be recovered from Shri Gorthekar."

For the reasons aforementioned, the impugned judgment cannot be sustained which is set aside accordingly. The Appeal is allowed. However, any amount paid to the 1st respondent pursuant to the order of this Court may not be recovered.

In the facts and circumstances of the case, there shall be no order as to costs.
State Of Bihar And Ors vs Krishna Paswan And Anr

2. Facts, in brief are as under:-

3. The affected appointees again approached the High Court by way of second writ petition (being CWJC No. 12322 of 1993) which came to be rejected by order dated 13.01.1995.

4. Being aggrieved, the respondents-untrained teachers filed Letters Patent Appeal No. 102/1995 which was decided by the Division Bench on January 27, 1997. The operative directions contained in the said order read as under:-

5. In compliance of the judgment of the Division Bench in LPA No. 102/1995, the District Superintendent of Education, Gaya, held a meeting of District Establishment Committee on 08.06.1997 and in the said meeting it was decided that the services of the respondents shall be terminated from the date of appointment as they had no training. As a result of the decision of the District Establishment Committee, the District 5 Superintendent of Education by Memo No. 2099 dated 25.06.1997 terminated the services of the respondents.

6. Feeling aggrieved, the respondents-untrained teachers filed one more CWJC No. 10448 of 1997 before the High Court of Judicature at Patna. The learned Single Judge disposed of the said writ petition on 09.02.1999 at the admission stage itself with a direction to the State to pass an appropriate order about the claim of the respondents-untrained teachers for payment of their salary in the untrained scale of pay in the light of the findings recorded by the Division Bench in LPA No. 102/1995 and will pass such order within a period of three months from the date of service of the copy of the said order.

14. In the result, this appeal deserves to be dismissed. We order accordingly. We direct the appellants to reinstate the respondents against the posts of Matric Untrained Assistant Teachers, but on the facts and circumstances, the respondents will not be entitled for salary of past period when they were out of job. Compliance within three months. Parties are left to bear their own costs.
Jayaprakash . vs T.S.David .

3. In order to appreciate the short controversy involved in the appeal, few relevant facts need mention hereinbelow.

10. Defendant Nos. 3 and 4 felt aggrieved and filed first appeal before the High Court. By impugned judgment, the High Court allowed the appeal and while setting aside the judgment/decree of the Trial Court again remanded the case to the Trial Court for fresh trial on merits. In the opinion of the High Court, the Trial Court did not decide the issues arising in the case properly and, therefore, the entire case needs a fresh consideration with a 4 liberty to parties to adduce further evidence. The case was accordingly remanded to the Trial Court.

15. In our opinion, the remand order of the High Court to try the suit afresh on merits appears to be correct, though we uphold the remand order on additional grounds, which were not taken note of by the High Court and nor urged here. In our opinion, therefore, the remand of the case to Trial Court is otherwise called for.

21. In the light of the foregoing discussion, the appeal fails and is accordingly dismissed.

22. The Trial Court will now issue fresh notice to defendant Nos. 1 and 2 in the suit by usual mode of service and then by substituted service, if need arises. It is only after the service of the suit is held complete on defendant Nos. 1 and 2, the Trial Court will proceed with the trial in the suit on merits. 9

23. So far as defendant Nos. 3 and 4 are concerned, they are already served and hence they are not entitled to any notice.

24. Parties to appear before the Trial Court in the Suit on 05.02.2018 to enable the Trial Court to proceed in the trial as directed above. The Trial Court will decide the suit on merits strictly in accordance with law expeditiously.

January 25, 2018 10
Pradip Nanjee Gala vs Sales Tax Officer & Ors

Being aggrieved by the aforesaid orders, the appellant had approached the Maharashtra Sales Tax Tribunal (for short, “the Tribunal”). During the pendency of the said appeals, the appellant had addressed a letter to the State Minister for Finance dated 23.11.1983, seeking settlement of sales tax dues payable by him as a partner of the assessee-Firm. It is the case of the appellant that the then State Minister for Finance accepted the offer of settlement and accordingly, in the light of the said settlement, the Commissioner of Sales Tax had issued a letter on 16.01.1984 quantifying the amount due and payable by the assessee-Firm for the relevant assessment years on the basis of the partnership deed. Before the Tribunal, the respondents have denied the existence of such settlement and further submitted that there has been no decision quantifying the individual liability of the appellant and absolving him from the liability to pay for the dues of the assessee-Firm for said assessment years. Since, the question before the Tribunal was restricted to determination and payment of liability by the appellant qua the assessee-Firm, the Tribunal had refused to adjudicate upon both: (a) whether there exists any settlement between the parties regarding the tax liability and (b) whether the appellant was relieved of his obligation under the Act.

Therefore, in light of the aforesaid, we are of the considered opinion that the High Court has rightly examined the issues before it and the judgment and order passed by it does not suffer from any error, whatsoever, and thus, the civil appeal being devoid of any merit requires to be dismissed. The judgment and order passed by the High Court is confirmed.

In the result, the appeal is dismissed with costs of Rs.5,00,000/-.
Ram Naresh Rawat vs Sri Ashwini Ray And Ors

All the petitioners who have filed these contempt petitions were engaged by the State of Madhya Pradesh on different dates on different posts but all of them were engaged as daily wagers. They continued as daily wagers for long spell of time. According to the petitioners, in terms of Madhya Pradesh Industrial Environment (Standing Order) Rules, 1963, they became entitled to be classified as 'permanent employees'. However, their demand for classification as permanent employees was not acceded to by the State, which inaction of the State Government provoked some of these employees to raise the industrial dispute for their classification which resulted into award(s) of the labour court directing their classification as 'permanent'. The labour court also held that on their classification as permanent, they would be entitled to the pay-scale of permanent post from dates specified in the award. Appeals were filed by the State against those orders which were dismissed by the industrial court and writ petitions also came to be dismissed by the High Court. This resulted in passing of the orders by the concerned authorities in the State Government classifying these petitioners as permanent employees. It was also ordered that they shall be entitled to minimum pay as fixed by the Labour Commission. This led to another round of litigation as the petitioners claimed that on their classification as 'permanent' to their respective posts they were entitled to receive the pay-scale attached to the said posts. These reliefs were granted to them by the labour court against which appeal preferred before the industrial court and the writ petition before the High Court were also dismissed. In all these cases, thereafter, special leave petitions were filed which were dismissed by this Court by common order dated 21st January, 2015. This order reads as under:

skilled, and Skilled. Their pay scale is also determined accordingly. Pay Scale of a skilled employee is Rs. 5000-100-8000.

These contempt petitions are, accordingly, dismissed.

DECEMBER 15, 2016.
S.Palani Velayutham & Ors vs Dist.Collector,Tirunvelveli,T.Nadu ...

3. Appellants 1 to 4 filed a writ petition alleging that the acquired lands originally belonged to one S. Kanthimathinatha Pillai; that under a registered will, he bequeathed the said lands to his grandchildren (appellants and respondents 7 to 18) subject to a life interest in favour of his sons (respondents 3 to 6); and that thus the appellants and respondents 7 to 18, who were the children of respondents 3 to 6, were the vested remaindermen in regard to the said lands. They contended that the acquisition proceedings were illegal and liable to be quashed for want of notice of acquisition to the vested remaindermen who were persons interested. The said contention raised in the writ petition was purely a legal contention. A learned Single Judge of the Madras High Court accepted the said legal contention and held that the acquisition without issue of notice to them was illegal. He therefore allowed the writ petition by order dated 13.11.2001 and set aside the acquisition, reserving liberty to respondents 1 and 2 to initiate fresh acquisition proceedings after appropriate notice to the writ petitioners. The order of the learned Single Judge was challenged by respondents 1 and 2 in a writ appeal.

4. A division bench of the High Court, by the impugned order dated 17.3.2008, allowed the appeal, set aside the order of the learned Single Judge, and dismissed the writ petition. The division bench held that the Collector was not obliged to serve the notice of acquisition on anyone other than the persons whose names were entered in the revenue records as owners; and that as the vested remaindermen, had not got their names entered as holders/owners in the revenue records, they were not entitled to any separate notice. The division bench also issued a direction to respondents 1 and 2 herein to initiate criminal action against the appellants and private respondents 7 to 18 herein "for playing fraud on the Government and the Court, for making wrongful gains by filing a writ petition which was not maintainable." The appellants have challenged the said judgment.

14. On the facts and circumstances, the direction to initiate criminal prosecution against the appellants and the respondents 3 to 18 was wholly unwarranted. We therefore allow this appeal in part and set aside the direction to initiate criminal proceedings against the appellants and respondents 3 to 18.