L-NLProc/TathyaNyaya-and-FactLegalLlama-NyayaScrape-Datasets huggingface dataset:
Shree Ram Urban ... vs Court Receiver,High Court Of Mumbai

3. The respondent, being the Court Receiver in the aforesaid suit, issued Notice dated July 26, 2001 to the appellant herein to pay compensation at the rate of RS.1,75,000/- per month from 1.4.2000 and to vacate the suit premises. The appellant replied to the said notice of the respondent stating that the respondent has been appointed to control the suit premises and has no right and power to determine the tenancy of the appellant. Meanwhile, the appellant was declared as a sick company under the Sick Industrial Companies (Special Provisions) Act, 1985 (hereinafter referred to as ‘the SICA’).

4. The respondent instituted a suit against the appellant-defendant before the Court of Small Causes, Bombay which was decreed in favour of the respondent. Being aggrieved by the said decree, the appellant-defendant filed an appeal before the Appellate Bench of the Small Causes Court, being Appeal No.837 of 2003. This appeal was dismissed by judgment and order dated June 12, 2009. The appellant-defendant, therefore, filed a revision petition before the High Court of Bombay under Section 115 of the Code of Civil Procedure, being Civil Revision Application No.452 of 2009. The said civil revision application was dismissed by the Bombay High Court vide its judgment and order dated 16.9.2010. Aggrieved by the said judgment and order dated 16.9.2010, this appeal, by special leave, has come up before this Court.

Clearly, in this matter, the notice was issued on July 26, 2001 and the suit was actually filed on February 6, 2002 – after six months and, therefore, the notice cannot be declared or deemed to be invalid.

18. Although the point tried to be taken by Mr. Ranjit Kumar, learned senior counsel, is that the appellant is a sick company but we do not find that such point was ever urged before the High Court and, furthermore, it appears that admittedly the tenancy was about the residential premises. Therefore, in our opinion, such point cannot have any substance at this stage.

19. In these circumstances, we find that the reasoning given by the High Court does not warrant any interference by this Court. Accordingly, we find no merit in this appeal and the same is hereby dismissed. However, there shall be no order as to costs.

May 9, 2014.
Balram Singh Yadav @ Balram Yadav vs Abhay Kumar Singh

2. Bereft of unnecessary details, the facts which are essential to be stated are that the respondent filed his nomination paper along with fifty others to enter into the contest as the member of Bihar Legislative Council from 20-Saharsha-cum-Medhepura-cum-Supaul Local Authority Election Constituency. The Returning Officer, while accepting the nomination papers of all the candidates, rejected the nomination paper of the respondent on the ground that he had not filed the relevant electoral roll which was required to be done, for he belonged to another constituency.

3. After the election was over, the respondent instituted Election Petition No. 4 of 2003 in the High Court of Patna seeking a declaration that rejection of his nomination paper was incorrect and inappropriate, and hence, the election of the elected candidate was void. Challenge to the rejection was based on two counts, namely, that he had filed the requisite voters’ list as contemplated under Section 33(5) of the Representation of the People Act, 1951 (for brevity, ‘the Act’) and second, the Returning Officer, at the time of scrutiny, had not pointed out the defect to him for which he was deprived of the opportunity of rectifying the mistake.

4. In the election petition it was asseverated that the Returning Officer accepted the electoral roll for other candidates for the year 1998, but as far as the respondent was concerned, there was insistence for production of the valid electoral roll as on 1.1.2002 which was not essential. The stand and stance put forth by the election petitioner was seriously controverted by the present appellant on many a ground including the one that in the absence of any pleadings in the petition to substantiate the fact his contesting in the election would have materially affected the results of the election, the election petition was totally devoid of any substance.

16. In view of the foregoing analysis, we have no scintilla of doubt that the High Court has fallen into serious error by setting aside the election of the appellant and, accordingly, we set aside the judgment of the High Court, treat the election of the appellant as valid and further direct that the appellant shall get the entire remuneration for the period for which he was elected as a member of the legislative Council and we say so on the basis of the Constitution Bench decision in Kirpal Singh, M.L.A. v. Uttam Singh and another[5].

17. The appeal is accordingly allowed. There shall be no order as to costs.

May 13, 2014.
Chaman Lal vs State Of Punjab & Ors

2. Facts and circumstances giving rise to this appeal are as under:

10. In fact, there has been adjudication on the same issue between the same parties and the High Court negatived appellant’s claim. We are of the considered opinion that the appellant does not deserve any relief whatsoever and the appeal is liable to be dismissed.

16. In view of the above, we do not find any of the arguments advanced by Shri D.K. Garg, learned counsel for the appellant worth acceptance.

The appeal is devoid of any merit and is accordingly dismissed. No order as to costs.

Hon'ble Dr. Justice B.S. Chauhan pronounced the judgment of the Bench comprising of His Lordship and Hon'ble Mr. Justice A.K. Sikri.

The appeal is devoid of any merit and is accordingly dismissed in terms of the signed reportable judgment. No order as to costs.

(Signed reportable judgment is placed on the file) 10
Food Corporation Of India & Ors vs Sarat Chandra Goswami

Dipak Misra, The respondent while holding the post of District Manager in the Food Corporation of India (for short the FCI) was proceeded against in a disciplinary proceedings as contemplated under Regulation 60 of the Food Corporation of India (Staff) Regulations, 1971 (for brevity “the Regulations”) on the ground that during the period 15.7.99 to 21.1.02 while the respondent was working at North Lakhimpur Region, FCI in Assam had not faithfully carried out his duties as a consequence of which the Corporation suffered financial loss. After the preliminary inquiry, a show cause notice was issued calling for a representation and eventually the punishment for recovery of a sum of rupees five lakhs and censure was passed against the respondent.

regulation (3) to (23) of the Regulation 58, in every case in which the disciplinary authority is of the opinion that such inquiry is necessary;

11. In the result, we do not perceive any merit in these appeals and the same stand dismissed with no order as to costs.
Paulmeli & Anr vs State Of Tamil Nadu Tr. Insp. Of Police

C. Aggrieved, the complainant Vijayasamy, son of deceased challenged the said order of acquittal by filing Criminal Revision No.274 of 2004 before the Madras High Court (MD) which was allowed and the Sessions Court was directed to have the trial afresh. D. In a fresh trial, prosecution led the evidence wherein Malliga (PW.1) supported the case of the prosecution. Paulmeli (PW.2), the injured did not support the case and thus was declared hostile. Another injured Vijayasamy, son of deceased was not examined by the prosecution. Thus, relying upon the evidence of Mallinga (PW.1), the Trial Court vide judgment and order dated 18.11.2008 acquitted all the accused except the appellants Paulmeli (A.5) and Chockaiah (A.7) who were found guilty for the offences punishable under Section 302 IPC and sentenced them as referred to hereinabove.

E. Aggrieved, the appellants preferred the appeal before the High Court which has been dismissed vide impugned judgment and order dated 6.10.2009.

“1). An incised wound of 10 x 4-1/2 x 4cms in front of neck on the right side just below the lower border of the mandible right from the chin to the angle of mandible. The lower skin flab vessels found severed. Blood clots present over the wound.

2). An incised wound of 8-1/2 x 4-1/2 x 4cms in the front of the cheek just 3cm above the supra external notch 3cms on the right side midline 5-1/2cm on the left side in the horizontal direction. Trachea found cut. Vessels found severed. The cut ends are regular and smooth. Blood clots seen on the wound.

3). An incised wound of 13 x 3-1/2 x 3 cm on the back of neck 3 cm from the midline extending just below the lower border of left mandible upto the chin. The medial end in the front is tapering. Underlying vessels and muscles severed.

8). An elliptical stab wound of 6 x 2-1/2 x 7-1/2cms on the front of the left chest just below the middle of the left clavicle to 2.5 cm medial to the anterior axillary line.

All the above wounds found with blood clots.”

23. In view of the above, we are of the considered opinion that the appeal is devoid of any merit and is accordingly dismissed.
Krishan Kumar vs State Of Haryana

2. As per the case of the prosecution, on 15.9.1992 the appellant was spotted by the police party headed by Sub-Inspector, Mohinder Singh at Bus Stand Ratta Khera. At that time, the appellant was having a plastic bag in his hand. On seeing the police party, appellant had tried to conceal his presence by sitting near the water tank on the pretext of passing urine. The appellant was apprehended on suspicion and notice (Ext. P-A) under Section 50 of the Act was served upon him seeking his consent as to whether he wanted his search to be made in the presence of a Gazetted Officer or a Magistrate. The reply of the appellant to the notice is Ex. P-A/1 whereby he desired that the plastic bag, which he was carrying, be searched in the presence of a Magistrate. Thereupon Chet Ram, Tehsildar (PW-2) was summoned to the place of recovery and in his presence the search of the bag of the appellant was conducted. Opium weighing 5 Kgs. was found in the bag which was in possession of the appellant. After separating a sample weighing 50 grams, the sample and the remaining opium were separately sealed with the seal bearing impression 'MS'., which was entrusted to Khema Ram, Chaukidar, who had joined in the police party from Bus Stand, Ratta, Khera.

4. The appellant appealed against his conviction. The appeal was decided on 29.1.1999 by the High Court. The conviction was set aside on a technical ground and the matter was remitted back to the Trial Court. It will be pertinent to mention here that the said appeal was allowed primarily on the ground that it was not clear as to whether Chet Ram, Tehsildar in whose presence the search of the bag of the appellant was conducted, was discharging the duties of a Magistrate as well or not. As pointed out above, when the appellant was served with notice under Section 50 of the Act seeking his consent about his search he had desired that he be searched in the presence of a Magistrate. It is on this request that Chet Ram, Tehsildar was summoned. The contention of the appellant before the High Court was that Chet Ram was not discharging the duties of a Magistrate and, therefore, there was violation of Section 50 of the Act. Since this aspect was not examined while convicting the appellant of the aforesaid offence, the appeal was allowed and the matter was remitted back. This is clear from the following order passed by the High Court:

17. After discussion on the interpretation of the word “person”, this Court concluded:

15. We thus, do not find any merit in this appeal. The appeal is hereby dismissed.
U.O.I.& Ors vs G.S.Grewal

In order to understand the nature of challenge laid to the jurisdiction of the Tribunal and the direction given while partly allowing the OA of the respondent, it would be necessary to understand the nature of relief which was sought by the respondent in the said OA as well as the background facts in which the OA seeking such a relief was filed.

The respondent joined the Indian Army as a Major. Indubitably, in that capacity he was subject to the discipline of the Army Act, 1950. It is a normal practice that the personnel belonging to the Armed Forces, namely, Army, Air Force or Naval Force, are Seconded to the other offices under the Ministry of Defence, which include Department of Defence Production, Department of Defence Research and Development and Department of Ex- Servicemen Welfare. We are concerned here with Department of Defence Production, which has Director General of Quality Assurances (DGQA for short) as well as Defence Public Sector Undertaking (DPSU). The respondent was Seconded to DGQA on November 06, 2004 in the rank of Major. At that time, it was temporary Secondment.

Since many officers were not getting promotions to the higher rank after they were finally superseded for no fault of theirs and with intent to make the Army profile younger, A.V. Singh Committee was constituted, which submitted its report known as 'A.V. Singh Committee Report'. This Report recommended, which recommendation was even accepted, that all officers in the Army holding the rank of Major, who had completed 13 years of service, were to be promoted to the rank of Lieutenant Colonel, irrespective of whether such personnel were finally superseded or not. Acting on the recommendation of this Report, the respondent, along with many others, was promoted as Lieutenant Colonel on December 16, 2004, when he was in DGQA organisation, which he had joined barely a month ago, i.e. on November 06, 2004.

A new Permanent Secondment and Promotion Policy, which was issued by the DGQA on November 16, 2007. Highlights of this Policy are as follows:

If the Tribunal holds that it is vested with the necessary jurisdiction to entertain the OA, the Tribunal will obviously go into the merits of the case as well. For that purpose, some aspects which shall require determination also need to be spelled out, inasmuch as, in the impugned order the focus of the Tribunal was limited and the material and relevant aspects of the issue have not been gone into.

As a result, this appeal is allowed. The impugned order passed by the Tribunal is set aside. The matter is remitted to the Tribunal for deciding the OA by a larger Bench by having proper perspective in mind, as discussed in this judgment. Both the sides shall have right to file further documents they want to rely upon.

There shall, however, be no order as to costs.

May 28, 2014.
Sukhvinder Singh vs Union Of India & Ors

(a) disability pension in favour of the Petitioner if disability is twenty per cent and above, (b) the service element of pension in favour of the Petitioner and (c) to re-enrol the Petitioner if his disability is found less than twenty per cent.

2 Succinctly stated, the facts germane for deciding the present Appeal are that consequent to the Primary Medical Examination for Recruitment having been conducted vis-a-vis the Appellant/Petitioner on 22nd December, 2000, he was enrolled in the Indian Army as a Combatant Soldier on 15th March, 2001. It bears noting that Rule 5 of the Entitlement Rules for Casualty Pensionary Awards, 1982, provides that (a) “a member is presumed to have been in sound physical and mental condition upon entering service except as to physical disabilities noted or recorded at the time of entrance (b) in the event of his subsequently being discharged from service on medical grounds any deterioration in his health which has taken place is due to service.” Even though this provision postulates a ‘casualty’ we find no logical reason not to extrapolate it to even simple injuries or disabilities. Therefore, it would be fair to assume that on the date of his recruitment the Appellant was in a sound health; no hearing impairment had been detected at that stage, no adverse noting had been made in the Medical Entry Form viz. AFMSF-2 for existence of any disease at the time of enrolment. This was after the Appellant had been examined physically and medically as contemplated by Regulation 383 which reads thus:-

charge, Records Office concerned, through the recruiting officer for getting himself re-medically boarded. The officer-in-charge, Records Office concerned, on receipt of the application, will arrange for his medical examination at a Military Hospital nearest to his place of residence. The individual concerned will have to pay all his expenses, including that on accommodation and journey to and from the place of medical examination.

If the individual is found fit and re-enrolled on regular engagement, he will be enlisted for the full period of combined colour and reserve service, subject to the following conditions:-

……………………..

In case where an individual is invalidated out of service before completion of his prescribed engagement/service limit on account of disability which is attributable to or aggravated by military service and is assessed below 20 percent, he will be granted an award equal to service element of disability pension determined in the manner given in Regulation 183 Pension Regulations for the Army Part-I(1961). ”

10. In view of our analysis, the Appellant would be entitled to the Disability Pension. The Appeal is, accordingly, accepted in the above terms. The pension along with the arrears be disbursed to the Appellant within three months from today.

11. As there is no representation on behalf of the Appellant, a copy of this Order be dispatched to the Appellant at the given address. There will be no order as to costs.
U.O.I & Ors vs S.P Nayyar

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

5. The respondent was promoted as Second-in-command in 1990 and became Commandant (Ordinary Grade) on 9th February, 1993. Thereafter, the respondent became Commandant (as Ordinary Grade and Selection Grade got merged) with effect from 1st October, 1997. On 25th January, 2000, the case of the respondent was considered for his promotion by selection to the Rank of Addl. DIG by the DPC constituted for such purpose. After consideration, the name of respondent, having not found fit, was not recommended by the DPC.

14. Needless to state, petitioner’s promotion as an Addl. DIG would be with effect from the date person immediately junior to the petitioner was promoted. We note that as an Addl. DIG, the petitioner would have superannuated on 31st July, 2007. We direct petitioner to be paid wages for the said period, notwithstanding the petitioner not having rendered actual services on account of the apparent mala fide of the DG BSF. Needless to state, pension of the petitioner would be re-fixed in the grade applicable and paid accordingly. All consequential benefits will also flow. The petitioner is also held entitled to a sum of Rs.11,000/- to be paid by the respondents towards costs. Necessary payment be made to the petitioner within 12 weeks from today.”

17. For the reasons as aforesaid, we cannot uphold the findings of the judgment dated 21st August, 2012 passed by the High Court of Delhi and the same is accordingly set aside.

18. The appeal is allowed.
Dev Prakash Tewari vs U P Cooperative Institutaionl ...

2. These appeals are preferred by the appellant who was working as Assistant Engineer with respondent No.2. A disciplinary proceeding was initiated under Rule 85 of the Uttar Pradesh Co-operative Employees Service Regulations, 1975, against him by serving a charge-sheet and after inquiry he was dismissed from service by order dated 27.4.1988. The appellant sought for quashing the said order by filing a writ petition in Writ Petition No.4328(S/B) of 1988 on the file of the High Court of Judicature at Allahabad and the High Court held that the inquiry was not conducted in accordance with the procedure stipulated in the Regulation 85 since no opportunity was given to cross-examine the witness and there is violation of principles of natural justice and quashed the disciplinary proceeding by allowing the Writ Petition on 10.1.2006. The order also directed for reinstatement and payment of back wages in accordance with the Rules. Liberty was also granted to conduct a fresh disciplinary inquiry in accordance with the Regulations. Pursuant to the order the appellant joined duty on 26.4.2006. Fresh disciplinary proceeding was initiated by order dated 7.7.2006, appointing Shri G.S. Srivastava, Mukhya Abhiyanta as Inquiry Officer and it was pending. Meanwhile the appellant reached the age of superannuation and retired from service as Assistant Engineer on 31.3.2009.

11. The appeals are, therefore, allowed and the judgment and order of the High Court are set aside and the respondents are directed to pay arrears of salary and allowances payable to the appellant and also to pay him his all the retiral benefits in accordance with the rules and regulations as if there had been no disciplinary proceeding or order passed therein. No costs.

June 30, 2014
Krishnan & Ramasamy & Ors vs State Of Tamilnadu

2. The case of the prosecution in nutshell is as follows:

8. The evidence of Valarmathi (PW-1) is to the effect that her son Manikandan was said to have given a flower to the daughter of accused No.1 and since accused No.1 was very much annoyed with Manikandan, she sent her son to Kerala for employment in order to save him from the accused. After sometime, Manikandan had come to his native village for celebrating Panguni Uthiram Festival and when he was talking to his friends on one evening, he was taken by accused Nos. 1 to 4 for questioning and on hearing the same Valarmathi (PW-1) went to said place, namely, Mariyamman Temple where accused Nos.1 to 4 had been examining Manikandan. She saw her son being beaten up by the accused and at that time her son was in an unconscious state. She went and brought the village headman. Thereafter, Manikandan was taken from the said place in an autorickshaw by the accused. She immediately informed the village elder. The village Head came along with her and prevented such beating. He told the accused to leave her son at the Police Station. The accused had kept Manikandan till 7.30 p.m. They sent Chinnu @ Rajendiran, accused No.2 to bring the auto, accused Nos.1,2 and 3 had taken her son in that auto. Her son had not returned next day. Accused No.1, Ramasamy later on crossed her house from whom she enquired as to the whereabouts of her son to which he replied that her son would return within two days. When she further enquired from accused No.1, he had replied that he had sent him to Kerala, on paying him Rs.100/-. On the next day, i.e. 6th day she had again asked accused No.1 about her son and she told him that she would file a complaint alleging the missing of her son. Subsequently, after a lapse of 6 days, she had filed a complaint with the Police Station (Neyveli Township at 8th Block). The Police having come to know that they were already conducting enquiry from accused No.3 with regard to this case, on the basis of the statement given by accused No.3, Ramalingam, the dead body of her son was retrieved from a deep borewell by the fire service personnel.

26. For the reasons aforesaid, we set aside the impugned judgment dated 31st March, 2008 passed by the High Court of Judicature at Madras in Criminal Appeal No.1009 of 2005 and impugned order of conviction and sentence dated 17th November, 2005 passed by the Sessions Judge in Session Case No.61 of 2005. The appeal is allowed. The appellants are directed to be released forthwith, if not required in any other case.

Hon'ble Mr. Justice Sudhansu Jyoti Mukhopadhaya pronounced the reportable judgment of the Bench comprising His Lordship and Hon'ble Mr. Justice Dipak Misra.

The appeal is allowed in terms of the signed reportable judgment.