L-NLProc/TathyaNyaya-and-FactLegalLlama-NyayaScrape-Datasets huggingface dataset:
Commnr. Of Central Excise, Nagpur vs M/S. Gurukripa Resins Pvt. Ltd

3. The assessee, a body Corporate, is engaged in the manufacture and clearance of "Rosin" and "Turpentine Oil". As per some literature placed on record, "Rosin" is the resinous constituent of the Oleo-resin exuded by various species of pine, known in commerce as crude turpentine. The separation of the Oleo-resin into the essential oil-spirit of turpentine and common Rosin is effected by distillation in large copper stills. "Rosin"

heading 3806.19 and "Turpentine Oil" under Sub-heading 3805.19, both bearing `nil' rate of duty, on the ground that the said goods were being manufactured by them without the aid of power. The Deputy Commissioner accepted the classifications under the said Sub-headings 2 but treated the said goods as "in or in relation to the manufacture of which any process is ordinarily carried on with the aid of power", attracting rate of duty @ 16%. According to the Deputy Commissioner the assessee is using 5 Hp electric motor for lifting water from the well for storage tank at the ground level; the main raw material namely, Oleo-

17.Having considered the present case on the touchstone of the aforenoted parameters, we are of the opinion that the activity of the assessee in first lifting the water for filling up of the storage tank at the ground level and then lifting it further to the overhead water storage tanks with the aid of electric motors are so integrally connected to the ultimate manufacture of "Turpentine Oil" and "Rosin" that but for the said activity the processing of Oleo-pine Rosin for manufacture of Turpentine Oil and Rosin would not be possible. It is common ground that without sprinkling of water on the coils carrying the vapours of Turpentine Oil, condensation - a crucial component of distillation which brings about the change of the physical state of matter from gaseous phase into liquid phase, is not possible. In other words without the process of condensation, Turpentine Oil, the final product, cannot be obtained. Similarly, without lifting water from the storage tanks at the ground level with the aid of electric motor to a higher level, the water cannot fall on the cooling coils with its gravitational force. In this fact situation, we hold that the operation of lifting of the water from the well to the higher levels, is so integrally connected with the manufacture of "Turpentine Oil" and "Rosin", that without this activity it is impossible to manufacture the said goods and therefore, the 1 processing of the said raw material in or in relation to manufacture of the said final goods is carried on with the aid of power.

Resultantly, all the appeals are allowed and the orders passed by the Tribunal are set aside, leaving the parties to bear their own costs.

JULY 11, 2011.

ARS 1
Union Of India & Ors vs P.C.Ramakrishnayya

3. The respondent was an employee of the Geological Survey of India (hereafter `GSI') and at the material time he was holding a Group `B' post. He was due to superannuate from service on November 30, 2000. On November 24, 2000, he was served with a show cause notice dated November 23, 2000 in connection with various charges and asking him to give his explanation within a week. The respondent gave his reply to the show cause notice but it was not found satisfactory and a charge-sheet was issued against him. One Shri S.M.M.V. Krishna Rao, was appointed as the Inquiry Officer who was selected from a panel of retired officers for appointment as Inquiry Officers approved by the Central Vigilance Commission. The respondent took serious objection to the appointment of Shri Krishna Rao as Inquiry Officer, who was not a serving officer of the GSI but a retired Chief General Manager of IDBI. The respondent did not take part in the departmental inquiry and strongly challenged the competence and authority of Shri Krishna Rao to hold and conduct the departmental inquiry against him. All through the disciplinary proceedings, the respondent stubbornly stuck to his stand and in response to notices issued by the Inquiry Officer in regard to the schedule of the inquiry his response would be that he had no authority to hold the inquiry. As a result of his non-participation an ex parte inquiry was held in which the charges were found established against him. The disciplinary authority then sent him a notice along with a copy of the inquiry report, calling upon him to make his representation, if any, on the inquiry report within 15 days. In response to the notice, the respondent once again reiterated that the inquiry held against him was illegal and invalid. Eventually, by order dated July 7, 2003, he was 2 given the punishment of cut in pension by 10% for 2 years.

4. The respondent challenged the punishment order before the Central Administrative Tribunal, Hyderabad Bench, Hyderabad, in OA no.531 of 2004. The challenge to the punishment order was mainly on the ground that the punishment order was passed on the basis of an invalid departmental inquiry inasmuch as the Inquiry Officer had no competence or authority to conduct the inquiry. The Tribunal by its judgment dated December 17, 2007, upheld the respondent's contention, set aside the punishment order and remanded the matter ordering as follows:

6. The appellants have now brought this matter in appeal before this Court.

14. In light of the discussions made above, we are satisfied that the judgments of the Tribunal and the High Court are contrary to the correct legal position and therefore cannot be sustained. We, therefore, set aside the judgment of the Tribunal and the High Court and dismiss the respondent's OA no.531 of 2004 filed before the Tribunal. The appeal is allowed.

15. There will be no order as to costs.
Ekta Shakti Foundation vs Govt. Of Nct Of Delhi

In accordance with this Court's order the Delhi Government framed a detailed scheme. The objective as appears from the scheme is involvement of Self Help Groups (in short the 'SHGs'). The Scheme envisaged that within 27 months SHGs would be framed and would completely take over the running of the Anganwadis from the NGOs. Keeping in view the observations made by this Court about the elimination of the contractors it was stipulated that registered non-profit organizations with at least 3 years experience were eligible to apply. Accordingly an advertisement titled "ICDS Expression of Interest" was placed in newspapers.

It has been indicated in the counter affidavit filed that the writ petitioners have not come with clean hands. They are catering contractors having their own commercial interest and are now trying to take up the project in the garb of NGO. Many erstwhile contractors who have now been barred by this Court's order from entering ICG programme have registered themselves as NGO entities to overreach the order of this Court. The writ petitioners, it is to be noted, had approached the Delhi High Court. The writ petitions were dismissed as withdrawn in view of submissions made that this Court shall be approached.

It is not the case of the petitioners that with any oblique motive the eligibility criteria has been stipulated. On the contrary after analyzing the issues, a Committee appointed by the respondent had suggested the norms and the schemes was accordingly prepared. We do not find any irrationality much less something which is totally out of context to justify interference.

In the aforesaid background we do not find anything illicit in the impugned criteria to warrant interference.

The writ petitions fail and are, therefore, dismissed. No costs.
Election Commission Of India vs St. Marys School And Others

educational purposes; and as the teaching and administrative staff of these schools have been used by the State agencies as well as the appellant herein for various other duties outside school during school hours including:

This intensive revision of electoral rolls is not a regular process and this takes place with a periodicity of 4 to 5 years as per instructions of the Election Commission of India.

The Summary/Special Revision of Electoral Rolls takes place once in a year and the services of teachers are normally not utilized and this is managed within the cadre strength. However, in some of the institutions that are declared as designated locations, the services of the Head of the Institution are taken to receive the Form and they are declared as Designated Officers. Normally, these officials are not engaged in teaching and handle the work in addition to their administrative duties. They are assisted by non-teaching staff.

33. Subject to the aforementioned modifications, this appeal is dismissed. However, in the facts and circumstances of this case, there shall be no order as to costs.
Bihar State Financial Corpn vs M/S. Chhotanagpur Minerals And Ors

1,60,000/- from the State Bank of India, Respondent No. 3 herein. Various immovable properties including liquid assets and stock were hypothecated in its favour. The purchaser allegedly utilised the said materials. Plaintiff thereafter filed a suit being Money Suit No. 9 of 1984 in the Court of Subordinate Judge - IV Ranchi wherein originally the following reliefs were prayed for:

11. Aggrieved by and dissatisfied with the said judgment and decree, the appellant preferred an appeal before the High Court. By reason of the impugned judgment, the said appeal has been dismissed.

Bank for taking away the movable properties and in that view of the matter the appellant cannot be said to be guilty of any negligence.

(4) Where any action has been taken against an industrial concern under the provisions of Sub- section (1), all costs, charges and expenses which in the opinion of the Financial Corporation have been properly incurred by it as incidental thereto shall be recoverable from the industrial concern and the money which is received by it shall, in the absence of any contract to the contrary, be held by it in trust to be applied firstly, in payment of such costs, charges, and expenses and, secondly, in discharge of the debt due to the Financial Corporation and the residue of the money so received shall be paid to the person entitled thereto.

(b) if the industrial concern has failed to comply with the terms of its contract with the Financial Corporation in the matter of the loan or advance; or

(d) if the property pledged, mortgaged, hypothecated or assigned to the Financial Corporation as security for the loan or advance is not insured and kept insured by the industrial concern to the satisfaction of the Financial Corporation or depreciates in value to such an extent that, in the opinion of the Board, further security to the satisfaction of the Board should be given and such security is not given; or

21. We, therefore, with a view to do complete justice between the parties, are of the opinion that the movable properties hypothecated to the bank having not been realized and as it was permissible for it to remove the same, the decretal amount in regard to prayer A should be held to be payable to the State Bank of India - the respondent No. 3. We direct accordingly. The decretal amount may be paid by the appellant to the respondent No. 3 17 together with interest as directed by the courts below within six months from date failing which it will be open to the bank to execute the decree.

22. The appeal is dismissed with aforementioned directions. However, in the facts and circumstances of the case, there shall be no order as to costs.

December 12, 2008
M/S. Kunja Behari Banerjee & Sons & Ors vs M/S. The New India Assurance Co. Ltd

filing of the present appeals. Suffice it to say, the appellant's shop was insured with the respondent company for an amount of Rs.3,00,000/-. There was a fire accident in the premises of the appellant. The insurance company agreed to pay Rs.2,25,808/-. However, the same was not accepted by the appellant and an arbitrator was appointed. The arbitrator awarded Rs.73,350/- over and above Rs.2,25,808/- alongwith interest @ 18% per annum, which was upset by the trial Judge whose judgment was affirmed by the High Court.

In view of the order that we propose to pass, it may not be necessary to recite the entire facts leading to the .......2.

On perusal of the award passed by the arbitrator, we are of the view that the award was supported by sufficient reasons and documents. In that view of the matter, the trial Court as well as the High Court erred in law in interfering with the well-reasoned award passed by the arbitrator. Accordingly, the orders of the trial Court and the High Court are set aside. The award dated 24/2/1992 passed by the arbitrator is restored.

The appeals are allowed in the above terms.
Nirbhai Kumar vs Maya Devi And Ors

Consequently it must be held that the provision for six months' notice before initiation of proceedings under Section 21(1) of the Act, though is mandatory and confers protection on the tenant concerned, it can be waived by him. On the facts of the present case there is no escape from the conclusion that the appellant, for reasons best known to it, consciously and being alive to the clear factual situation that the suit was filed on that ground prior to the expiry of six months' notice, did not think it fit to pursue that point any further and on the contrary joined issues on merits expecting a favourable decision in the suit and having lost therein and got an adverse decision did not think it fit even to challenge the decision on the ground of maintainability of the suit while filing an appeal and argued the appeal only on merits and only as an afterthought at the stage of writ petition in the High Court such a contention was sought to be taken up for the first time for consideration. On the facts of the present case, therefore, it must be held that the appellant had waived that contention about the suit being premature having been filed before the expiry of six months from the date of the suit notice."

8. That being the position the appeal deserves to be allowed which we direct.
Pankaj vs State Of Rajasthan

2) Brief facts:

Immediately after the incident, all the accused persons fled away from the scene of crime. Ram Babu (PW-8), younger brother of Raj Kumar, took him to the General Hospital, Bharatpur from where he was referred to Agra for treatment.

(e) Being aggrieved by the order of conviction and sentence, the appellant herein filed D.B. Criminal Appeal No. 1071 of 2002 and other accused persons filed D.B. Criminal Appeal Nos. 1070 and 1052 of 2002 before the High Court. The High Court, by its judgment and order dated 03.09.2008, dismissed the appeal filed by the appellant herein while exonerating other accused persons of all the charges.

Raj Kumar fell down on the ground and PW-8 took him to the hospital at Bharatpur. He succumbed to his injuries on March 25, 1998 at Agra. The appellant-accused along with others was convicted by the Court of Additional District and Sessions Judge, (Fast Track), Bharatpur under Sections 302 read with 34 of the IPC and under Section 3 read with Section 25 of the Arms Act. In appeal before the High Court, the conviction and sentence of the appellant-accused was maintained while the other accused persons were acquitted of all the charges.

8) At the time of the alleged incident, Ram Babu (PW-8) was present at the spot. Meaning thereby, he was the sole eye-witness to the incident. In his statement, he has very specifically stated that Pankaj fired a shot at his brother in front of him and fled away from the crime scene along with others. As per the prosecution, the case rests upon the sole testimony of PW-8, which gets corroboration from the statement of Shyam Sunder (PW-5), who was present at the relevant time in a nearby shop. Shyam Sunder (PW-5), in his statement has stated that as soon as he heard the sound of a bullet, he came out of the shop and noticed that Pankaj was having revolver in his hand and was fleeing away at the relevant time along with three others. But it is also pertinent to mention here that PW-5 is a resident of village Dehra which is situated at a distance of 12-13 kms. (approx.) from Bharatpur. In his statement, he also stated that he came to Bharatpur in order to inquire about a locker in the name of his father in the Punjab National Bank. Vijay Kumar (DW-2) was examined from the other side who deposed that in the year 1997-1998 no locker was operated in the name of the father of Shyam Sunder (PW-5). In this view of the matter, it is suspicious and hard to believe that he visited the place of the incident at a distance of about 12-13 kms.(approx.) just for hair cut.

14) After giving our careful consideration, we are unable to place any reliance on the evidence of PW-8. Since the same inspires no confidence at all, therefore, we are constrained to set aside the conviction and sentence awarded to the appellant. The appeal is allowed.

SEPTEMBER 9, 2016.
Raghu Lakshminarayanan vs M/S. Fine Tubes

Appellant before us was arrayed as accused No. 3 in the Complaint Petition filed by the first respondent herein, before the Chief Metropolitan Magistrate, Delhi which was registered as a Complaint Case No. 379/1/2003. The said complaint petition was filed for trying the accused persons named therein for commission of an offence under Section 138 of the Negotiable Instruments Act alleging that a cheque dated 15.8.2002 was issued by the accused Nos. 2 to 6 for a sum of Rs. 2 lacs drawn at Canara Bank which on presentation was dishonored and the accused despite notice, did not pay the said amount.

In the complaint petition, however, it was alleged ;

For the reasons aforementioned, we are unable to agree with the High Court that no case had been made out for exercise of its jurisdiction under Section 482 of the Code of Criminal Procedure.

The impugned judgment is set aside. Appeal is allowed. The complaint case against the appellant is quashed.
State Of Uttarakhand (Prev.U.P.) vs Mohan Singh & Ors

7. The respondents again took up the matter in two separate appeals before the Board of Revenue under Section 331(4) of the U. P. Act and both the appeals were heard together. The respondents claimed that their rights had been perfected before the Act 20 of 1982 came into force by which the provision prohibiting the perfection of title on the land belonging to Scheduled Tribe was added.

9. State of Uttarakhand (previously State of Uttar Pradesh), through the District Collector, preferred Writ Petition (M/S) Nos. 4031 of 2001 and 4034 of 2001 etc., before the High Court of Uttarakhand at Nainital. The High Court dismissed both the writ petitions vide order dated 21.11.2008 following its earlier order dated 07.08.2008 passed in Writ Petition No. (M/S) 4035 of 2001. Aggrieved by the same, these appeals have been preferred by the State of Uttarakhand.

28. In such circumstances, we are inclined to allow the appeals and set aside the order passed by the High Court as well as that of the Board of Revenue and the matter is remanded to the Board of Revenue for fresh consideration, in accordance with law. However, we are not expressing any opinion on the merits of the case, since we are remitting the matter to the Board of Revenue. The Board of Revenue will pass the final orders within a period of three months from the date of receipt of this order.
Moti Ram vs Krishi Utpadan Mandi Samiti & Another

JUDGMENT O R D E R CIVIL APPEAL NO.1008 OF 2008 (Arising out of SLP(C) No.5692/2006) Leave granted.

Appellant, who belongs to a backward community, was appointed on daily wages in the year 1976 as a Yard Man by Krishi Utpadan Mandi Samiti, Gopiganj, Varanasi, UP, respondent No.1 herein. His services were terminated on 7th April, 1978. Consequent upon a dispute raised, the Labour Court passed an award in the year 1980 directing reinstatement of the appellant with full back wages and with continuity of service. Appellant was then reinstated but was not paid full back wages. Services of the appellant were again terminated in the year 1982 on the alleged ground of misconduct without holding an enquiry. Appellant again raised a dispute. While the same was pending before the labour Court, Director of Mandi Parishad vide letter No. 145(Paripatra)/81-85-806 dated 27th March, 1985 directed regularisation of all daily wagers belonging to backward community with immediate effect. Labour Court by its order dated 30.6.1987 passed an award in favour of the workman- appellant, inter alia, directing his reinstatement with full back wages. Appellant was reinstated on 18.11.1988. Thereafter on 16.2.1994, a request was made by the appellant for regularisation of his services in pursuance of the aforesaid order dated 27th March, 1985. He also raised a dispute before the labour Court seeking regularisation of his services. The following reference was made in the year 1994 by the Government under Section 4A of the UP Industrial Disputes Act, 1947 to the labour Court for adjudication:

The Labour Court accepted the reference and vide order dated 6th July, 1995 regularized the services of the appellant on the post of yardman after completion of three years of service i.e. 5.4.1979.

The order of the High Court is set aside and that of the Labour Court is restored. This decision be not taken as a precedent for any future reference. The Appeal is disposed of accordingly.
Commissioner Of Income Tax Jaipur vs M/S Gopal Shri Scrips Pvt Ltd

3. The appeal involves a short question as would be clear from the facts stated infra.

11. In other words, the High Court was of the view that since the respondent­Company stands 4 4 dissolved as a result of the order passed by the Registrar of the Companies under Section 560 (5) of the Companies Act, the appeal filed against such Company which stands dissolved does not survive for its consideration on merits.

16. Since the High Court did not decide the appeal keeping in view the aforementioned two relevant provisions, the impugned order is not legally sustainable and has to be set aside.

17. In view of the foregoing discussion, the appeal succeeds and is accordingly allowed. The impugned order is set aside. The case is remanded to the High Court for deciding the appeal afresh on merits in accordance with law keeping in view the relevant provisions of Companies Act and the Income tax Act uninfluenced by any observations made by us on merits.

18. Indeed, having formed an opinion to remand the case for the reasons mentioned above, we refrain ourselves from making any observation on 6 6 merits of the controversy involved in this appeal. Since the appeal is quite old, we request the High Court to decide the appeal preferably within six months.

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