L-NLProc/TathyaNyaya-and-FactLegalLlama-NyayaScrape-Datasets huggingface dataset:
Babubhai Jamnadas Patel vs State Of Gujarat & Ors

6. Upon execution of the said Power of Attorney, a registered Sale Deed was executed for the undivided share of the original land owners in favour of one Godavariben Chunnilal Thakkar. It may be pointed out that none of the shares belonging to the respondents herein was sold by registered deeds of sale. On the other hand, the land forming the subject matter of the present proceeding was included along with other plots of land in the Draft Town Planning Scheme No. 212. According to the appellant, various farmers joined hands for the purpose of developing the property and they also jointly applied to the Competent Authority and on the basis thereof the lands in question were sold to form F.P.No.63 and out of a total area of 74,764 sq.mts., 52,335 sq.mts. were allotted for the aforesaid purpose.

7. On 18.10.2005, the Respondent No.2 and several other persons executed a notarized Agreement for Sale and a Supplementary Agreement in favour of the appellant's son in respect of their undivided share in the said lands. A joint Power of Attorney was also executed in favour of another son of the appellant. Soon, thereafter, construction work was commenced on the said final plot as per the sanctioned plans. According to the appellant, more than three years after the date of commencement of the construction, the respondents and several other persons commenced various litigations against the appellant.

9. F.I.R.No.187 of 2008 having been lodged on 11th August, 2008, the High Court disposed of the Special Criminal Application filed by the respondent on 12th August, 2008. Subsequently, on 25th September, 2008, the respondents filed Special Criminal Application No.1855 of 2008 before the High Court praying for transfer of F.I.R. No.187 of 2008, registered with Sarkhej Police Station, Ahmedabad, to the Central Bureau of Investigation. The said prayer was ultimately given up. The High Court issued notice in the said writ petition and directed the concerned Investigating Authority to submit the Action Taken Report with respect to the 8 investigation carried out in respect of F.I.R. No.187 of 2008 referred to hereinabove.

40. There is, therefore, no doubt that in appropriate cases, the Courts may monitor an investigation into an offence when it is satisfied 30 that either the investigation is not being proceeded with or is being influenced by interested persons.

41. We are, therefore, not inclined to interfere with the orders of the High Court impugned in these appeals and we direct the Investigating Authorities to proceed in the manner indicated by the High Court in its impugned orders. The appeals are, accordingly, dismissed.

...................J (ALTAMAS KABIR) ...................J (CYRIAC JOSEPH) New Delhi Dated: 02.09.2009.
Municipal Corporation Chandigarh & Ors vs M/S. Chandigarh Corporate Guides Ltd

respondent - M/s. Chandigarh Corporate Guides Ltd. in the open auction conducted by the Municipal Corporation, Chandigarh (appellant No.1 herein) in respect of SCO No.164- 165 situated in Sector 9C, Chandigarh was accepted by the competent authority. In terms of the condition of auction, the respondent was required to deposit 25% of the premium within 30 days of the auction and the balance 75% in 3 equated yearly installments of Rs.71,99,192/- along with interest @ 18%. Later on, the annual equated installment was revised as Rs.69,06,322/-. The respondent paid 25% of the premium i.e. Rs.57,25,000/- on 29.4.1998. Thereafter, allotment letter was issued in favour of the respondent by Assistant Commissioner, Municipal Corporation, Chandigarh (appellant No.2 herein). As the respondent failed to pay the ...2/-

balance amount together with interest on due dates, appellant No.2 after issuing notice to the respondent and hearing the parties passed order dated 12.7.2001 whereby, he cancelled the lease of the site and forfeited 10% of the premium, interest and ground rent. On an appeal preferred by the respondent, Joint Secretary, Finance, Union Territory Chandigarh set aside the order of cancellation of lease and restored the site to the respondent subject to the condition that it shall pay the outstanding dues within 4 months. This was subject to the rider that if the respondent fails to stick to the time schedule, the order of the Assistant Commissioner shall become operational. Similar order was passed by Advisor to the Administrator, Union Territory Chandigarh who disposed of the revision of the respondent by giving it 3 months time for payment of the outstanding dues. On an application made by the respondent, the Advisor extended the time specified in the revisional order. Despite this, the respondent did not deposit the balance amount. Instead, it raised dispute regarding correctness of the statement of accounts furnished by the Municipal Corporation. Finally, the respondent filed a writ petition for setting aside the order of cancellation of lease passed by appellant No.2 herein as also the appellate and revisional orders passed by Joint Secretary, Finance and Advisor to the Administrator, Union Territory Chandigarh respectively.

Accordingly, the appeal is allowed, impugned order is set aside and the matter is remitted to the High Court for deciding the writ petition afresh in accordance with law after giving opportunity of hearing to the parties.

Needless to say that we should not be misunderstood to have expressed any opinion one way or the other in ...4/-

relation to the merits of the writ petition filed by the respondent.
Coal Linker vs Coal India Ltd

1. The appellant herein, a proprietary concern, was given a work order on or about 5.7.1982 by Coal India Limited (hereinafter referred to as "the respondent") for transportation of coal/coke by road to the respondent's stockyard at Kanpur and also for operation of the said stockyard. 1

2. Pursuant to such work order a formal agreement was entered into between the appellant and the respondent and the said agreement contained an arbitration clause. As disputes and differences arose between the parties, a reference was made to the sole arbitrator for resolving the dispute and an award dated 30.4.1993 was passed awarding an amount of Rs.51,77,600/- in favour of the appellant. Appellant was granted interest of Rs.11,39,560/- calculated at the rate of 15% from October, 1990 to April, 1993. Interest was also granted for the pre-reference period to the extent of Rs.10,97,250/- but in the award no interest was granted from the date of the award till the date of the decree.

3. Challenging the said award, the respondent filed an application, but the same was dismissed by the learned Single Judge of 2 the Calcutta High Court by a judgment and order dated 3.11.1995. Thereafter, an appeal was preferred before the Division Bench of the Calcutta High Court and the Division Bench also dismissed the appeal of the respondent on 25.04.1996. Thereafter, a decree was passed by the learned Single Judge of the Calcutta High Court confirming the said award. The said decree directed payment of interest @ 18% per annum from the date of the said award till the date of the decree.

4. The respondent filed a special leave petition before this Court challenging the order of the Division Bench of the Calcutta High Court dated 25.04.1996. On that special leave petition, this Court by an order dated 10.5.1996 directed the respondent to deposit an amount of Rs.40 lakhs within 6 weeks with the Registrar, 3 Original Side of the Calcutta High Court and permitted the appellant to withdraw the same on furnishing a bank guarantee. Ultimately, by order dated 22.7.1996 this Court dismissed the special leave petition filed by the respondent.

9. Few facts of the case are relevant to understand issues involved herein. Admittedly, in the award, interest from the date of the award till the date of the decree has not been granted. What has been granted is pre-reference interest and the interest from October 1990 to April 1993 i.e the interest during the pendency of the arbitration proceedings. The award is dated 30.04.1993. No post award interest has been granted.

18. In view of such clear factual position, we find no merit in this appeal and which is accordingly dismissed. There is no order as to costs.
Hazari Lal Das vs State Of West Bengal & Anr

2. On the basis of the complaint made by Jayanta Naskar, Secretary, Sambhunagar High School, P.O. Sambhunagar, a First Information Report being FIR No.50/2008 was lodged on May 30, 2008 under Sections 403, 409, 420, 467/34 IPC, at Police Station Gosaba, District 24 Parganas (South). It is alleged that appellant who is Headmaster of Sambhunagar High School opened a bank account No. 0855010083094 with the U.B.I., Lalbazar Branch, Kolkata on April 30, 2008; that the appellant introduced his servant Gour Dhara as a secretary of the school; that the said account was opened jointly with his servant and that he deposited a cheque of Rs.6,00,000/- which had come to the school from Sports and Youth Services (Sports Wing), Government of West Bengal, with an intention to misappropriate the said amount. It is also alleged that the said account was opened by the appellant without any resolution of the Managing Committee of the school and that he submitted false and forged copy of the minutes of the meeting No.15 dated April 26, 2008 with the seal of the Headmaster, Sambhunagar High School.

4. Learned Sessions Judge (I/C) after hearing the counsel for the appellant and the Public Prosecutor enlarged the appellant on anticipatory bail vide Order 2 dated July 3, 2008. It was ordered that in the event of arrest, the appellant shall be released on anticipatory bail of Rs.5,000/- with two sureties of Rs.2,500/- each; one of such surety shall be local. The Sessions Judge (I/C) also put a condition that the appellant shall attend the police station once in a week for eight weeks. He also imposed usual conditions as laid down in Section 438 (2) Cr.P.C.

11. Accordingly, appeal must succeed and is allowed. The impugned order dated September 18, 2008 is set aside. The appellant shall attend Gosaba Police Station once in a week as directed by Sessions Judge until completion of investigation. He is also directed to 5 fully cooperate with the Investigating Officer and produce the entire record available with him.

..........................J (Tarun Chatterjee) ..........................J (R.M. Lodha) New Delhi, September 8, 2009 6
C.C.E. Delhi, Delhi-Iii vs M/S. Uni Products (I) Ltd

2. It appears that in all these appeals, the respondents are manufacturing non-woven floor coverings where the basic fabric is jute, but the case of the appellant is that the exposed surface is made of synthetic textile material like polypropylene felt or polypropylene fiber and as such these goods cannot be classified as non-woven jute floor coverings.

3. In the case of Civil Appeal No.3758 of 2006, the show-cause notice was issued on 5.5.1997 and the case of the Revenue as set out in paragraph No. 6.8 of the show-cause notice is as follows:

19. It is well known that the tribunal being the last authority on fact, it is not proper for this Court, in exercise of its power under Section 35 L(b) of the Central Excise Act, 1944, to disturb such findings of the tribunal since such findings are based on evidence.

20. For the reasons discussed above, we find no merit in this appeal. The appeal is dismissed. 9

21. Since the same questions are involved in the other appeals with slight factual modification, those appeals for the reasons discussed above and also for the reasons given in Civil Appeal No.7075-7076 of 2005 are also dismissed.

22. There shall be no order as to costs.
Allwyn Housing Colony Welfare ... vs Govt.Of A.P.& Ors

The case pertains to allotment/alienation of 3 acres and 18 guntas of land comprised in Survey No.336,Balanagar Mandal, Kukatpally, Ranga Reddy District to Hyderabad Allwyn Employees Co-operative Housing committee, respondent No.5 herein, on 4.6.2005. Admittedly, respondent No.5 thereafter allotted and handed over plots in the said property to various persons who claimed to be members of the respondent No.5 society (although the appellant contended that they were not members).

Appellant herein filed a writ petition in the High Court of Andhra Pradesh at Hyderbad challenging the alienation/allotment of the aforesaid land to respondent No.5 herein which was dismissed by the learned Single Judge -2- on 21st August, 2007, inter alia, on the ground that the persons to whom the respondent No.5 allotted plots were not impleaded.

Accordingly, we accept this appeal, set aside the impugned order of the Division Bench and restore the Writ Appeal No.740 of 2007 on the roster of the High Court. The impleaded parties are directed to file their counter affidavit within three weeks from today before the Division Bench of the High Court. Rejoinder thereto, if any, may be filed within the next two weeks.

Though, we have allowed the applications for impleadment but if any affected party is still there and he wants to implead himself in this matter, he is at liberty to file an application for impleadment before the Division Bench of the High Court. The matter shall be listed for final disposal before the Division Bench immediately after the expiry of the aforesaid period.

We make it clear that we are not expressing any -4- opinion on the merits of the dispute. All contentions are left open to the parties.

The Appeal is allowed accordingly. No costs.
Balwantbhai B. Patel vs State Of Gujarat & Anr

2. On 30th November 1993, at about 9 p.m., Ghulam Hussain Ansari, Sagir Ahmed Ansari, since deceased, Gyasuddin Ahmed Ansari and Kitabuddin Ansari were sitting at their house in Falia, District Bharuch, when the three accused Thakorbhai Somabhai, Jagdishbhai Nanjibhai Pateland Balwantbhai Patel, the present appellant, arrived atthat place in a drunken condition. They abused Sagir Ahmed Ansari and others sitting there and when they objected, Thakorbhai inflicted a knife blow in the abdomen of Sagir Ahmed and another knife blow on the left side of his head. Gyasuddin Ansari and Kitabuddin Ansari intervened so as to rescue Sagir Ahmed whereupon Balwantbhai, the present appellant, caught hold of Gyasuddin and Jagdishbhai inflicted a blow on his head with an axe. The appellant thereafter ran away hurling abuses on the other side. Sagir Ahmed was carried to Dr. Patel's hospital at Ankleshwar and from there to the Civil Hospital at Bharuch. He died soon after he reached the Civil hospital. On the completion of the investigation, Thakorbhai was charged for an offence punishable under Section 302 read with 114 and Jagdishbhai and Balwantbhai were charged under Section 302 and, in the alternative, 302 read with Section 34 of the IPC and several other Sections as well. The trial Court convicted all the accused on the basis of the evidence of the three primary witnesses, Kitabuddin Ansari, Gyasuddin Ansari and the complainant Ghulam Hussain Ansari, also an eye witness. The judgment of the trial Court was confirmed in appeal by the High Court. The present appeal has been filed only by the third accused Balwantbhai B. Patel, as it appears that the other two accused were satisfied with the judgment of the High Court.

5. For all these reasons, we find that the order of the High Court is not sustainable. We allow the appeal and acquit the appellant.
Arjunan vs M/S Universal Fertilizer Corp

4. The tenant filed a petition before the Rent Controller, Salem, on April 19, 2004, for setting aside the ex- parte order of eviction. He stated in the petition that the original rent control petition was posted on April 7, 2004 for cross-examination of the landlord but as he (tenant) was unwell and could not appear before the court and instruct his counsel for cross-examination, an ex-parte order came to be passed against him. He stated that his non-appearance was not wanton.

10. The tenant did not deposit the arrears of rent amounting to Rs.34,400/- within a week as was observed in the order dated April 19, 2007 by the High Court. Later on, the tenant filed a petition before the High Court for extension of time on the ground that due to non-availability of certified copy of the order dated April 19, 2007, he could not deposit the rent within the time granted by the court.

7. The Rent Controller although found that petition was without any substance, but in the interest of justice allowed the petition on the tenant's depositing arrears of rent to the tune of Rs.34,400/- pertaining to the period March 1997 to May 31, 2004 within 15 days from the date of the order.

11. The High Court found no justification to show further indulgence to the tenant and dismissed the petition for extension of time on July 9, 2007 for the following reasons:

12. It is from this order that the present appeal by special leave arises.

17. Consequently, appeal is allowed to the aforesaid extent. The Rent Controller, Salem shall now take up Rent Control Original Petition No.41/2001 and hear and decide the same as expeditiously as may be possible. The parties will bear their own costs.

........................J (Tarun Chatterjee) .......................J (R.M. Lodha) New Delhi, September 9, 2009 8
Dubaria vs Har Prasad & Anr

6. The respondents entered appearance and contested the suit by filing a written statement inter alia denying the material allegations made in the plaint. The respondents denied that the suit property was situated on Plot No. 4934 alleged to have been purchased by the plaintiff-appellant. They further pleaded that the suit property was in village Hardwali under the Zamindari of Pt. Sukhdeo Sahay Dubey. The respondents, however, admitted that the plaintiff-appellant was the rightful owner of only one room in the building on the suit property that belonged to Mr. Rajjan, which the plaintiff-appellant had purchased from him. Accordingly, the defendants-respondents sought dismissal of the suit.

14. For the reasons aforesaid, we set aside the impugned judgment of the High Court and remit the case back to the High Court for fresh consideration in the light of the observations made hereinabove. Since the Second Appeal is of the year 1976, we request the High Court to dispose of the same on merits within three months from the date of communication of this Order to it.

15. The appeal is allowed to the extent indicated above. There will be no order as to costs.
State Th. Cbi vs Parmeshwaran Subramani & Anr

3. The brief factual matrix of the case is as under:

4. The respondent No. 2 was the Inspector of Central Excise, Goa. It was alleged that on 24.9.2002, the respondent no. 2 made a request on telephone to Shri Ram Avtar Yadav, Inspector to meet him in connection with some personal work. On the next day i.e. 25.9.2002, the respondent no. 2 met Shri Ram Avtar Yadav, Inspector and during the course of meeting he made a request on behalf of the respondent no. 1 to close the case and also conveyed that the respondent no. 1 wanted to meet him in connection with the said case and to offer some gratification. On the same day, the Inspector (Complainant) lodged a written complaint against both the respondents before Superintendent of Police, CBI/ACB/Goa. Accordingly, RC8(A) /20J2 /CBI /ACB/ Goa, was registered against both the respondents. Both the respondents met the complainant at a restaurant and offered him a bribe of Rs. 1 lakh. On 26.9.2002, the respondent no. 1 withdrew an amount of Rs. 50,000/- from his savings bank account and handed over the same to the respondent no. 2 to deliver the said amount 4 as part of the bribe to the complainant. A trap was laid in the presence of two independent witnesses. The respondent no. 2 was caught red handed while offering and delivering bribe on behalf of respondent no. 1 at the residence of the complainant. Thereafter on completion of the investigation charge sheet was filed in the court of learned Special Judge against both the respondents for the offences punishable under Section 120B read with Section 12 of the Prevention of Corruption Act, 1988 (hereinafter referred to as "the Act").

5. The learned Special Judge having perused the chargesheet and material on record came to the conclusion that previous sanction as required under Section 19 of the Act, was necessary to prosecute a Public Servant for the offence punishable under Section 12 of the Act and accordingly declined to take cognizance of the offence. Being aggrieved by the order of the learned Special Judge, the appellant filed the Criminal Revision Application No. 49 of 2006 before the High Court of Bombay at Goa. The High 5 Court dismissed the revision of the appellant and upheld the discharge of the respondents for want of sanction under Section 19 of the Act.

19. The judgment of the High Court is clearly erroneous, deserves to be set aside which we direct.

20. The appeal is accordingly allowed.

September 11, 2009.
S. Suresh vs Oriental Insurance Co. Ltd. & Anr

JUDGMENT [2009] 14 S.C.R. 990 The following Order of the Court was delivered ORDER

3. The appellant, hereinafter referred to as, "the claimant", was a lorry driver. On 26th September, 2002, while driving the vehicle, he met with an accident near Ganesh Garage on Bangalore Mangalore Road. He lost control of the vehicle and it overturned on the right side of the road. As a result of the accident, the claimant suffered serious injuries to his right leg; on the head and other parts of the body. Although he survived but ultimately his right leg had to be completely amputed just below the knee.

4. The claimant filed a claim petition before the Commissioner praying for adequate compensation. It was pleaded that as he was 25 years of age; earning Rs.4,000/- per month with daily allowance of Rs.100/-; had suffered permanent disability, which would prevent him from engaging in the job of driver which he used to do earlier, he was entitled to adequate compensation from the Insurance Company and the owner of the lorry, respondent Nos. 1 and 2 in this appeal.

6. Being dissatisfied with the award, the Insurance Company preferred appeal to the High Court. As stated above, the High Court accepted the plea of the Insurance Company that as per Schedule to the Workmen's Compensation Act, 1923 (for short, "the Act"), loss of a leg on amputation amounted to a 50% reduction in the earning capacity. The High Court held that being an injury, specified in Schedule I, medical opinion could not be relied upon in terms of Section 4(1)(c)(ii) of the Act. Accordingly, applying the percentage of loss of earning capacity, as specified in Part II of Schedule I, the High Court reduced the compensation by 50%. However, award of interest thereon @ 12% per annum from one month after the date of accident till the date of payment was maintained. Hence the present appeal by the claimant.

9. In the result, the appeal is allowed; the judgment of the High Court is set aside and the compensation awarded by the Commissioner is restored. There will, however, be no order as to costs.