L-NLProc/TathyaNyaya-and-FactLegalLlama-NyayaScrape-Datasets huggingface dataset:
M/S. Hans Steel Rolling Mill vs Commnr. Of Central Excise, Chandigarh

2. In order to record a definite finding on the aforesaid issue it would be necessary to set out certain facts leading to filing of the present appeals.

5. A show cause notice was issued to the appellants on 03.11.1998, contending that the demand of the duty has to be based on the capacity determination of 3355MT, for which the recovery of duty under Section 11A of the Act amounting to Rs 2,19,750.00 was to be made.

6. On 11.12.1998, the appellants changed the parameters of their re-rolling mill and applied for the re-determination of the annual capacity for fresh declaration in terms of Capacity Determination Rules. On 31.05.1999, the Commissioner passed an order based on Rule 5 of the Capacity Determination Rules stating the capacity as 1890MT. During the pendency of the final re-determination, the Central Excise Department issued a demand notice under Section 11 of the Act, for recovery of duty. Aggrieved by the same, the appellants filed a writ petition before the Punjab and Haryana High Court, whereby and whereunder the High Court set aside the demand notice and directed the revenue to re-determine the annual capacity.

16.Accordingly, in view of the above, we find no merit in these appeals which are dismissed herewith but without costs.

.........................................., J (DR. MUKUNDAKAM SHARMA) .............................................,J (ANIL R. DAVE) NEW DELHI;

MARCH 10, 2011.
Ramdeo (D) By Lrs. & Ors vs Board Of Revenue, U.P. & Ors

3. The case of the plaintiff in the suit before the Assistant Collector, Ist Class, Karvi, District Banda, was that his grand father Kali had three sons, namely, Bal Govind, Ram Kumar and Ram Jiawan and the plaintiff was the son of Ram Kumar.

6. Being aggrieved by the dismissal of the suit, the plaintiff had filed an appeal before the Additional Commissioner. The appeal was allowed and the suit was decreed. 4

7. Being aggrieved by the order passed in appeal, the defendants had approached the Board of Revenue by way of a Revision Application. The Board had allowed the Revision Application whereby the order passed in the appeal was set aside and the order of the Assistant Collector, 1st Class, Karvi, District Banda, had been restored.

13. We do not find any error in the conclusion arrived at by the High Court confirming the order of the trial court. Hence, the Special Leave Petition is rejected with no order as to costs.
State Of U.P.& Ors vs J.P.Saraswat

3. The respondent, a veterinary surgeon, was in the service of the State Government of Uttar Pradesh. On December 23, 1991, he made an application for no-objection certificate for obtaining visa for going to the United States of America. The no-objection certificate was granted to him. He then made an application on September 30, 1993 for grant of earned leave from October 4, 1993 to November 2, 1993. The leave was granted to 2 him on November 8, 1993. He left for the USA on October 3, 1993, but did not join his duties even after his leave was over. Instead, he kept on sending applications for extending the leave. Finally, he came back to India and joined the service on June 1, 1995. He again left for the USA on the ground that his wife was unwell, once again sending applications for leave. He came back to India in the year 1999 and, according to him, joined his duties on November 22, 1999.

5. In the departmental enquiry, the charges were established against him and on that basis he was awarded the punishment of "termination of service which may not debar from future employment" vide office memo dated August 16, 2003. The office memo further stated that the decision about payment of salary and allowances to the delinquent during the period of suspension would be taken later on.

11. In light of the discussion made above, the judgment and order of the High Court is set aside and the writ petition filed by the respondent is dismissed.

12. The appeal is allowed but with no order as to costs.
Union Of India & Ors vs S.K.Kapoor

The respondent approached the Central Administrative Tribunal, Ahmedabad Bench, which by its order dated 20th July, 2004 quashed the dismissal order and directed the authorities to proceed from the stage of making available a copy of the Report of the Union Public Service Commission.

Being aggrieved by the order of the Tribunal, the appellants herein filed a writ petition in the High Court of Gujarat at Ahmedabad being Special Civil Application No.7201 of 2005, which has been dismissed by the impugned order. Hence, this appeal.

We do not agree.

For the aforesaid reasons, this appeal is dismissed. Parties shall bear their own costs.
B. Premanand & Ors vs Mohan Koikal & Ors

The facts have been set out in the impugned judgment and hence we are not repeating the same here except wherever necessary.

The dispute in this appeal is about the inter se seniority on the post of Block Development Officer between the general category candidates (the respondent Nos.1 to 5 herein) and the Scheduled Caste/Scheduled Tribe candidates (the appellants herein).

Hence, there should be judicial restraint in this connection, and the temptation to do judicial legislation should be eschewed by the Courts. In fact, judicial legislation is an oxymoron.

However, since the word 'Garhapatyam' is in the objective case, the verse has only one meaning, that is, 'worship Garhapatya'. The word 'Aindrya' means 'by Indra', and hence the verse means that by verses dedicated to Indra one should worship Garhapatya. The word 'Aindrya' in this verse is a Linga, (in Mimansa Linga means the suggestive power of a word), while the words 'Garhapatyam Upatishthate' are the Shruti. According to the Mimansa principles, the Shruti (literal meaning) will prevail over the Linga (suggestive power).

It is not necessary to go into details, but reference can be made to the Book 'Mimansa Rules of Interpretation' by K.L.Sarkar which is a collection of CIVIL APPEAL NO. 2684 OF 2007 -14- Tagore Law Lectures delivered by him in 1909. According to the Mimansa Principles, the Sruti Principle or literal rule of interpretation will prevail over all other principles, e.g., Linga, Vakya, Prakarana, Sthana, Samakhya etc. As a result of the above discussion, this appeal is allowed and the impugned judgment of the Full Bench of the High Court as also the judgment of the learned Single Judge are set aside and the writ petition filed by the private respondents before the High Court is dismissed. No costs.
Guffic Chem P.Ltd vs C.I.T,Belgaum & Anr

3. During the assessment year 1997-98 the assessee received `50,00,000/- (Rupees Fifty Lakhs only) from Ranbaxy as non-competition fee. The said amount was paid by Ranbaxy under an agreement dated 31.3.1997. Assessee is a part of Gufic Group. Assessee agreed to transfer its trademarks to Ranbaxy and in consideration of such transfer assessee agreed that it shall not carry on directly or indirectly the business hitherto carried on by it on the terms and conditions appearing in the agreement. Assessee was carrying on business of manufacturing, selling and distribution of pharmaceutical and medicinal preparations including products mentioned in the list in Schedule-A to the agreement. The agreement defined the period, i.e., a period of 20 years commencing from the date of the agreement. The agreement defined the territory as territory of India and rest of the world. In short, the agreement contained prohibitive/restrictive covenant in consideration of which a non-competition fee of `50 lakhs was received by the assessee from Ranbaxy. The agreement further showed that the payment made to the assessee was in consideration of the restrictive covenant undertaken by the assessee for a loss of source of income.

8. For the above reasons, we set aside the impugned judgment of the Karnataka High Court dated 29.10.2009 and restore the order of the Tribunal. Consequently, the civil appeal filed by the assessee is allowed with no order as to the costs.

Civil Appeal No.2523 of 2011 (arising out of SLP(C) 222/2011)

9. For the reasons given hereinabove, we affirm the judgment of the Delhi High Court in CIT Vs. Mandalay Investment Pvt. Ltd. decided on 29.07.2009 in ITA No. 728/2009. Consequently, we dismiss the civil appeal filed by the Department against the decision of the Delhi High Court dated 29.07.09 with no order as to the costs.

March 16, 2011
Commr.Of Police And Ors vs Sandeep Kumar

The facts have been given in the impugned judgment and hence we are not repeating the same here, except wherever necessary.

Against that column the respondent wrote : 'No'. :1: It is alleged that this is a false statement made by the respondent because he and some of his family members were involved in a criminal case being FIR 362 under Section 325/34 IPC. This case was admittedly compromised on 18.01.1998 and the respondent and his family members were acquitted on 18.01.1998.

In response to the advertisement issued in January 1999 for filing up of certain posts of Head Constables (Ministerial), the respondent applied on 24.02.1999 but did not mention in his application form that he was involved in the aforesaid criminal case.

On 02.08.2001 a show cause notice was issued to him asking the respondent to show cause why his candidature for the post should not be cancelled because he had concealed the fact of his involvement in the aforesaid criminal case and had made a wrong statement in his application form. The respondent submitted his reply on 17.08.2001 and an additional reply but the authorities were not satisfied :2: with the same and on 29.05.2003 cancelled his candidature.

The respondent filed a petition before the Central Administrative Tribunal which was dismissed on 13.02.2004. Against that order the respondent filed a writ petition which has been allowed by the Delhi High Court and hence this appeal.

We respectfully agree with the Delhi High Court that the cancellation of his candidature was illegal, but we wish to give our own opinion in the matter.

For the reasons above given, this Appeal has no force and it is dismissed. No costs.

MARCH 17, 2011.

:6:
Ravindra Pal Singh vs Ajit Singh & Anr

According to the post mortem report, the police officials fired a total of 29 bullets at the deceased, 17 of these bullets hit the deceased at a very close range and 9 bullets were fired from a maximum distance of 3 feet.

6. The first respondent herein along with other 4 accused police officers filed bail application No.991/2009 in the Court of Sessions Judge, 4th FTC Dehradun for bail.

11. Keeping in view the facts and circumstances of these cases, we allow the appeals and set aside the impugned orders of the High Court.

March 17, 2011
Poonam Khanna vs V.P.Sharma & Anr

2. The primary grievance of the appellant wife is that despite the comprehensive deed of settlement dated 2nd April, 2003, the respondent had continued to pursue the litigations that were pending and has infact filed some additional cases as well. We put it to the respondent as to whether he would be willing to withdraw all the cases which had been initiated by him. He categorically stated that he would do so but when a similar query was put to the appellant she, at the Crl.A. No. 1625 of 2009 2 initial stage, said that she would not withdraw them but when told that we were inclined to dismiss the appeal, she said that she would withdraw the cases that she had filed but would continue to pursue some of the applications that had been filed on behalf of the child and would continue to seek additional maintenance.

3. In the circumstances, we are not inclined to interefere in this matter. The appeal is dismissed.
Sangam Spinners Ltd vs Union Of India & Ors

4. After denial of MODVAT credit, the appellant company was given a show cause notice by Superintendent Central Excise Range, Beawar to project as to why the credit given should not be disallowed to the appellant.

5. The appellant filed a writ petition in the year 1997 seeking direction to quash the Trade Notice No. 26/27, the entry regarding the explanation of the HSD Oil in the Notification No. 5/94 and also the order dated 2.9.1997.

6. The said writ petition came up for consideration before the Rajasthan High Court and by the impugned 5 judgment and order dated 3.4.2002, the writ petition was dismissed.

7. Aggrieved by the aforesaid judgment and order, the present appeals were filed on which we heard the learned counsel appearing for the parties.

42.In that view of the matter, we find no merit in these appeals which are dismissed but leaving the parties to bear their own costs.

............................................J [Dr. Mukundakam Sharma ] ............................................J [ Anil R. Dave ] New Delhi, March 18, 2011.
Sahebrao Mohan Berad vs State Of Maharashtra

1. Deceased Laxmibai was married to the appellant about three years prior to the occurrence. She was residing with the appellant and his parents. In the early hours of 26th June, 1984, her dead body was found in a well close to their residence. A report in regard to the incident was given to the police disclosing that she met with an accidental death due to drowning. During the investigation it was found that the deceased met with the homicidal death and accordingly police 2 submitted charge-sheet under Section 302/34 and 201 of the Indian Penal Code against the appellant and his parents and ultimately they were committed to the court of Sessions to face trial for the aforesaid offences.

3. On appeal by the State of Maharashtra, the Division Bench constituting N.V. Dabholkar and B.H. Marlapalle, JJ.

6. Accordingly, the order of the trial court acquitting the appellant of both the charges was set aside and he was held guilty for offence punishable under Section 302 and 201 of the Indian Penal Code and sentenced to suffer imprisonment for life and rigorous imprisonment for three years respectively.

7. That is how the appellant is before us in the present appeal.

13. We are of the opinion that the High Court is right in coming to the conclusion that the circumstances proved clearly points out towards the guilt of the appellant and further deceased met with a homicidal death.

14. Appellant is on bail, his bail bonds are cancelled and he is directed to surrender forthwith to serve out the sentence.

15. In the result, we do not find any merit in this appeal and the same is dismissed accordingly.
R. Ramachandra Nair vs The Dy.S.P.Vigilance Of Police & Anr

Sanskrit University in the State from the year 1972 onwards.

logged paddy fields and any development work could be started only after it was filled up with earth. Before starting the work of filling up, the appellant, who was functioning as the Chief Secretary to State Government at the State Headquarters, had consulted several experts in the field including the Chief Engineer of the State Public Works Department (hereinafter referred to as PWD") who was actually brought to the site. The appellant filled 42.5 acres of waterlogged land with earth brought from distance. An 2 amount of Rs.5,925/- was spent for filling up of every one cent of the water logged land.

(b) From 01.01.1994 to 30.06.1996, the appellant was appointed as the first Vice-Chancellor of the University. On 18.12.1996, an FIR being Crime No.9 of 1996 was registered in the Vigilance Police Station, Ernakulam against the appellant and four other persons under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 (hereinafter referred to as "the PC Act") and Sections 120-B and 463 of the Indian Penal Code (in short "IPC"). The allegation against the appellant was that the work of filling of earth in the land acquired for the said University was done in an irregular manner and he obtained a pecuniary advantage of Rs. 59,51,543/- with the contractors thereby causing corresponding wrongful loss to the University.

(c) During May-June, 1997 the Vigilance Department examined the site relating to the alleged earth-filling during the years 1993 and 1994. This examination was done after three years and after the occurrence of six monsoons. Due to 3 the impact of rains during six monsoons during that time, the field had got thoroughly consolidated.

(d) On 30.06.2005, a charge-sheet was filed in the Court of the Enquiry Commissioner and Special Judge, Thrissur with a delay of eight and a half years after the F.I.R. and without obtaining the previous sanction of the Syndicate of the University under Section 50(2) of the Sree Sankaracharya University of Sanskrit Act, 1994 (hereinafter referred to as "the Act"). In the FIR, the pecuniary loss caused to the University was indicated as Rs.59,51,543/- whereas in the charge-sheet it has come down to less than 5% of the originally estimated amount, i.e., Rs.2,68,358/-.

(g) Against the said order, the appellant preferred Criminal Revision Petition No. 1606 of 2010 before the High Court of Kerala. By order dated 12.07.2010, the High Court dismissed the revision filed by the appellant herein. The said order is under challenge in this appeal.

Yours faithfully Sd//-

K.A. BHAGAVATHY AMMAL Additional Secretary For Principal Secretary to Government"

14) In these circumstances, the orders passed by the Enquiry Commissioner and Special Judge, Thrissur dated 29.08.2009 in CMP No 2933 of 2008 and CC No. 31 of 2005 and order of 1 the High Court dated 12.07.2010 in Crl. RP No. 1606 of 2010 are set aside, consequently, the appellant is discharged from all the allegations leveled against him. The appeal is allowed.

MARCH 28, 2011.
Mool Chand And Anr vs State Of Rajasthan

1. Appellants are father-in-law and mother-in-law of the deceased Premlata. They alongwith the husband of the deceased namely Virendra Kumar and their daughter Alka were put on trial for the offences under Sections 302, 304B and 498A of the Indian Penal Code. The trial court by its judgment dated 7th February, 2001, acquitted the appellants and their daughter of all the charges levelled against them. However, the husband Virendra Kumar was found guilty of offence under Sections 304B and 498A of the Indian Penal Code. The State of Rajasthan aggrieved by the acquittal of the appellants and Alka preferred an appeal before the High Court. Virendra Kumar, aggrieved by his conviction had also preferred an apepal. Both the apepals were heard together by the High Court and disposed of by a common judgment. The appeal preferred by the State against the acquittal of the appellants and Alka was partly allowed. The High Court maintained the acquittal of Alka but set aside the order of acquittal of the appellants and convicted them for offences under Section 304B and 498A of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for seven years and three years respectively besides the fine.

3. The prosecution commenced on the basis of a report given by the father of the deceased P.W. 1 Ramesh Chander on 16.7.1998 alleging therein that his daughter Premlata was married to accused Virendra Kumar about four years ago. He received an information on phone from the co-accused Alka (since acquitted) that the deceased, his daughter - Premlata, had committed suicide by hanging herself. According to the report, after ten minutes of the aforesaid telephonic conversation, he received another telephone call from the appellant Sunita, mother-in-law asking him to come immediately to take the dead body of his daughter. On the telephonic communication the informant Ramesh Chand along with his other family members and friends reached at the matrimonial home of their daughter and found the dead body hanging with a sari. It has been alleged by the father of the deceased that the accused persons had hanged his daughter and further that the appellants were regularly making demands for dowry and due to the harrassment meted out to the her, she committed suicide.

6. In our opinion, the trial court while giving the appellants benefit of doubt assigned good and cogent Crl.A. No. 761 of 2005 5 reasons and in any view of the matter the conclusion arrived by it was one of the possible conclusion. That being the position, the High Court erred in reversing the judgment of acquittal to that of conviction.

7. In the result, the appeal is allowed, impugned judgment of conviction and sentence is set aside. The appellants are on bail. They are discharged of their bail bonds.
K.K. Velusamy vs N. Palaanisamy

3. The appellant resisted the suit. He alleged that he was in need of Rs.150,000 and approached the respondent who was a money lender, with a request to advance him the said amount as a loan; that the respondent agreed to advance the loan but insisted that the appellant should execute and register a sale agreement in his favour and also execute some blank papers and blank stamp-papers, as security for the repayment of the amount to be advanced; and that trusting the respondent, the appellant executed the said documents with the understanding that the said documents will be the security for the repayment of the loan with interest. The appellant therefore contended that the respondent - plaintiff was not entitled to specific performance.

4. The suit was filed on 26.3.2007. The written statement was filed on 12.9.2007. Thereafter issues were framed and both parties led evidence. On 11.11.2008 when the arguments were in progress, the appellant filed two 3 applications (numbered as IA No.216/2009 and IA No.217/2009). The first application was filed under section 151 of the Code of Civil Procedure (`Code' for short) with a prayer to reopen the evidence for the purpose of further cross-examination of Plaintiff (PW1) and the attesting witness Eswaramoorthy (PW2). IA No.217/2009 was filed under Order 18 Rule 17 of the Code for recalling PWs.1 and 2 for further cross examination. The appellant wanted to cross-examine the witnesses with reference to the admissions made during some conversations, recorded on a compact disc (an electronic record). In the affidavits filed in support of the said applications, the appellant alleged that during conversations among the appellant, respondent and three others (Ponnuswamy alias Krishnamoorthy, Shiva and Saravana Kumar), the respondent-plaintiff admitted that Eswaramoorthy (PW2) had lent the amount (shown as advance in the agreement of sale) to the appellant through the respondent; and that during another conversation among the appellant, Eswaramoorthy and Shiva, the said Eswaramoorthy (PW2) also admitted that he had lent the amount (mentioned in the agreement of sale advance) through the respondent; that both conversations were recorded by a digital voice recorder; that conversation with plaintiff was recorded on 27.10.2008 between 8 a.m. to 9.45 a.m. and the conversation with Eswaramoorthy was recorded on 31.10.2008 between 7 to 4 9.50 p.m.; and that it was therefore necessary to reopen the evidence and further cross-examine PW1 and PW2 with reference to the said admissions (electronically recorded evidence) to demonstrate that the agreement of sale was only a security for the loan. It is stated that the Compact Disc containing the recording of the said conversations was produced along with the said applications.

19. In view of the above, these appeals are allowed in part. The orders of the High Court and Trial Court dismissing IA No. 216/2009 under section 151 of the Code are set aside. The orders are affirmed in regard to the dismissal of IA No.217/2009 under Order 18 Rule 17 of the Code. The trial court shall now consider IA No.216/2009 afresh in accordance with law.