L-NLProc/TathyaNyaya-and-FactLegalLlama-NyayaScrape-Datasets huggingface dataset:
Sunil Kumar vs Vipin Kumar & Ors

4. It is the case of the prosecution that the appellant, who was at the time of the incident, studying in an engineering college at Noida, happened to be at Shikarpur crossing within the police station Kotwali Nagar. At about 10 a.m. on 27th June 2003, it was then that the convicted respondent nos. 2 and 3 dragged him into their house and began to assault him. Hearing the cries, the appellant’s father Shri Khem Chand and brother Shri Rajeev would arrive at the scene to his rescue. In the scuffle which ensued, both the father and the brother of the appellant got injured which led to the consequential death of the appellant’s brother Rajeev. After the FIR and follow- up investigation by police, charge sheets were submitted by the police subjecting the convicted respondent nos. 2 and 3 to trial under Section 302 read with Section 34, Section 307 read with Section 34 of IPC and for offences under Section 4 read with Section 25 of the Arms Act.

5. The Additional District and Sessions Judge, Bulandshahr on 16.4.2009, convicted and sentenced the respondent nos. 2 and 3 to various terms of imprisonment in Sessions trial Nos. 985, 987 and 988 of 2003.

6. In the counter version of the matter, the convicted respondent nos. 2 and 3, while admitting the date, time and place of the incident, claimed that the appellant and his deceased brother, Rajeev had barged into their house and attempted to sexually abuse a lady in their house namely Smt. Kajal. This very criminal behaviour of the appellant and his deceased brother gave rise to scuffle between the parties which resulted in the death of the brother of the appellant.

7. On the basis of the complaint of the respondents, the appellant was put to trial under different charges in cross Sessions trial No. 524 of 2005. The appellant was however acquitted from offences punishable under Section 376/511, 323 and 324 of IPC.

389. “389. Suspension of sentence pending the appeal; release of appellant on bail.

19. We are of the opinion that the High Court has taken into consideration all the relevant facts including the fact that the chance of the appeal being heard in the near future is extremely remote, hence, the High Court has released the respondents on bail on the basis of sound legal reasoning. We do not wish to interfere with the decision of the High Court at this stage. The appeal is dismissed accordingly.
State Of M.P.& Ors vs Anees Khan

3. The workman was engaged as assistant of driver of Roller No. D.R.R. 1080 of PWD at Tarana on 16.08.1991 at a total pay of Rs.1215.00 per month. He was disengaged from work on 01.07.1992. Challenging the same, the workman filed Case No. 236/92 before the Labour Court, Ujjain, M.P. claiming reinstatement with back wages. By order dated 07.02.1994, the Labour Court passed an ex parte order directing the State to reinstate the workman at his original post with back wages from the date of termination till the date of the order. Though the State of M.P. sought setting aside of the ex parte order but did not succeed. The workman, instead of taking any proceedings for enforcing the order of reinstatement, only sought enforcement for back wages. This claim was contested with the plea that the workman had not reported for duty. However, the Labour Court allowed back wages vide order dated 17.08.2000. The workman was, accordingly, paid a sum of Rs.29,160/- towards back wages for the period from 01.07.1992 to 07.02.1994.

9. Taking an overall view of the matter in the peculiar facts and circumstance, while holding that the workman is not entitled to any further relief, we consider it appropriate to direct the State to pay a sum of Rs. 1 lac to the workman within three months from the date of receipt of a copy of this judgment.

10. The appeal is disposed of.
Puducherry S.C.People Welfare Asso vs Chief Secr.To Govt.,U.T.Of Pondich.& ...

2. The High Court was not persuaded by the arguments of the writ petitioner and dismissed the two Writ Petitions by a common order dated 21.07.2008.

7. Mala, Mala Masti 15. Vettiyan

16. Thus, we find that the impugned Government Orders - G.O.M. 11/2005 and G.O.M. 12/2005 - not being in conformity and consonance with the :8: Presidential Order, 1964 cannot be sustained in law and have to be set aside. We order accordingly.

17. Civil Appeals are allowed as above with no order as to costs.

............................CJI.
Pawan Kumar Ralli vs Maninder Singh Narula

3. The brief history of the case, according to the appellant, is that he had given a loan of Rs.60 lakhs to the respondent in the month of November, 2011. In discharge of his obligation to the appellant, on 25th April, 2012, the respondent issued (i) Cheque No. 889953, drawn on Allahabad Bank, for Rs.30 lakhs; (ii) Cheque No. 545420, drawn on ICICI Bank, for Rs.20 lakhs; and (iii) Cheque No. 545409, drawn on ICICI Bank, for Rs. 10 lakhs. When the appellant presented the said cheques in his Bank for realization, they were dishonoured by the respondent’s banker with remarks ‘Stop Payment’.

4. The appellant, after receiving the communication from his banker about the dishonour of Cheques, issued a handwritten notice (Annexure P4) to the respondent on 27th April, 2012 calling upon him to make the payment. Upon non-compliance by the respondent, a formal legal notice dated 24th May, 2012 (Annexpure P5) was issued under Section 138/142 of the Act requiring the respondent to pay the cheques amount along with interest and costs. In his reply to the legal notice, the respondent totally disagreed with the allegation of taking loan from the appellant. Subsequently, the appellant filed a Complaint Case against the respondent invoking Sections 138, 141 and 142 of the Act and Section 420, of the Indian Penal Code. The Metropolitan Magistrate took cognizance and summoned the respondent who pleaded not guilty and claimed to be tried.

25. For all the aforesaid reasons, in order to meet the ends of justice, we exercise our discretion under Article 142 of the Constitution and set aside the impugned judgment of the High Court quashing the criminal proceedings and restore the criminal proceedings before the Trial Court. The appellant is permitted to file an application for condonation of delay before the Trial Court and if such an application is filed, the Trial Court shall be at liberty to consider the same on its own merits, without being impressed upon by any of the observations by this Court, and pass appropriate orders.

26. We are thankful to Mr. Huzefa Ahmadi, learned amicus curiae, for his able assistance.

27. The appeal stands allowed with the aforesaid observations.
North Eastern Railway & Ors vs Tripple Engineering Work

2. Both the contracts awarded to the respondent-contractor were terminated on 7.11.1994. Admittedly, the General Conditions of Contract of the Railways, which included an arbitration clause, governed the parties. After the termination of the two contracts the respondent-contractor approached the Patna High Court by means of a writ petition challenging the terminations. The writ petition was dismissed, which dismissal was challenged before this Court in SLP(C) No. 17189/1995. The said special leave petition was also dismissed leaving parties to resolve the differences in an appropriate proceeding i.e. a civil suit or by reference to arbitration, as the case may be.

-----------------------
Raju @ Devendra Choubey vs State Of Chhatisgarh

5. After registration of the crime, inquest was conducted over the dead body of Bhavna on 26.11.2003. Post mortem was conducted by Dr. Naresh Tiwari and Dr. M. Deodhar, who gave their report which is marked as Exhibit P/18. Spot map was prepared by the Inquiry Officer (IO); bloodstained cloth of accused Shashi Tripathi was taken into possession along with broken bangles; bloodstained cement mortar and plain cement mortar were also taken into possession. Shashi Tripathi, Mahesh and Binu @ Chandra Prakash were arrested on 29.11.2003. A bloodstained knife was taken into possession. The accused Raju @ Devendra Choubey was taken into custody on 22.12.2003 and a Suzuki motorcycle was also taken into possession.

8. After committal, the Trial Court framed charges under Section 302 read with Sections 34 and 120B of the IPC. The prosecution examined 32 witnesses. No defence witness was examined after the statements of the accused were recorded under Section 313 of the Criminal Procedure Code, 1973.

16. The prosecution has found it difficult to pinpoint the motive but Shashi Tripathi’s husband Dr. Sharda Prasad Tripathi (PW-1) deposed before the Court that she tried to create a hindrance in the marriage of his son Jitendra since she wanted her daughter Abhilasha to marry him; however, he went ahead with the marriage of Jitendra to Bhavna, whereupon Shashi Tripathi remained silent.

23. We therefore, hold that the accused Mahesh (accused no. 3) in Criminal Appeal No. 867 of 2013 is innocent and the conviction against him is set aside. His bail bonds stand cancelled and sureties are discharged.

24. In view of the above, Criminal Appeal No. 867 of 2013 is allowed and Criminal Appeal Nos. 822 of 2012, 589 of 2014 and Criminal Appeal arising out of SLP (Criminal) No. 3737 of 2014 are dismissed.
Tolya Etc vs State Of M.P. & Anr. Etc

2. The facts of the case, which are common, lie in a narrow compass.

4. The appellants sold the said land allotted to them by sale deed dated 4.7.1975 in favour of respondent No.2. It appears that sometimes in the year 1979 on a complaint, the Collector Shajapur, proceeded to revise the allotment and action was contemplated to re-allot the land according to the Rules. The respondent filed a revision against the decision of the Collector before the Board of Revenue, where the allotment of land in favour of the appellants and subsequent transfer to respondent No.2 was upheld.

5. It further appears from the record that proceedings under Section 250 of the Land Revenue Code, 1959 was initiated for restoration of the property in favour of the appellants, who was illegally dispossessed and a notice to that effect was issued to the respondent for directing him to hand over the land to the appellants, failing which the allotment shall be cancelled. The respondent then moved the Civil Court by filing suits for declaration of ownership in respect of the said property which was dismissed by judgment dated 19.11.1998.

15. In the light of the aforesaid provisions, we find that in the instant case the land, which was declared surplus land, was allotted by the State in purported exercise of power under Section 35 of the said Act giving Bhumiswami right to the appellants. The said allotment was made in the year 1973. Within two years from the date of the said allotment, the land was purchased by the respondent by sale deed dated 4.7.1975, which, according to the appellants, was without consideration and the respondent in connivance with the other persons managed to keep the appellants out of possession. Prima facie, therefore, the sale deed alleged to have been executed by the appellants in favour of the respondent on 4.7.1975 is null and void and the same does not confer any right, title or interest in favour of the respondent-Sattar Khan.

……………..

……………..

……………..

……………..

Provided that no such person shall transfer such land within a period of ten years from the date of lease or allotment.

16. The trial court and the first appellate court, therefore, correctly recorded a finding that the sale deed, said to have been executed by the appellants in favour of the respondent, is null and void and is without consideration. The High Court while reversing the judgment has not considered these provisions contained in the M.P. Revenue Code. We, therefore, allow this appeal and set aside the judgment and order passed by the High Court and restore the judgment of the trial court. Consequently, the suit filed by the respondent is dismissed. Appeal is allowed accordingly with no order as to costs.
State Of H.P.& Anr vs Tilak Raj

Being aggrieved by the Judgment delivered in C.W.P.No.1862 of 2010 and other judgments by the High Court of Himachal Pradesh at Shimla, these appeals have been filed by the State of Himachal Pradesh. Issues involved in all these appeals are almost same and therefore, all these appeals have been heard together.

First appeal filed against the aforestated judgment delivered in Civil Suit No.191 of 1986 had been dismissed and even the Second Appeal had also been dismissed on 18th December, 1989 On the basis of the above judgment, several Laboratory Attendants had filed petitions and they had also succeeded. One such petition was filed by Shri Madan Gopal. His petition, CWP(T) No.2346 of 2008 was also allowed, believing that the facts of his case and the facts of the plaintiff, who had filed the aforestated suit were similar.

Shri Gurdev was appointed by the Government of Punjab and though he was a matriculate, he was recruited to a post which was meant for a non matriculate. Upon examination of the facts, the court had come to a conclusion that the nature of work done by the said plaintiff and other matriculate Laboratory Attendants was same and therefore, Shri Gurdev had succeeded in the suit.

For the aforestated reasons, we are of the view that the respondents could not have been awarded higher pay scale simply because Shri Gurdev had succeeded in a civil suit filed by him. The impugned judgments, therefore, deserve to be quashed and set aside. We, however, clarify that if the respondents are aggrieved by the salary which is paid to them, it is open to them to approach an appropriate forum for redressal of their grievances.

The appeals are allowed with no order as to costs.

…...................................J (ANIL R. DAVE) …..................................J (UDAY UMESH LALIT) NEW DELHI, SEPTEMBER 1, 2014.
Narinder Singh vs New India Assurance Company Ltd And Ors

2. This appeal by special leave is directed against the judgment and order dated 12.4.2013 passed by the National Consumer Disputes Redressal Commission, New Delhi (in short, “National Commission”) whereby Revision Petition No.4951 of 2012 of the appellant herein was dismissed upholding the judgment of the State Consumer Disputes Redressal Commission, Shimla (in short, “State Commission”), which had dismissed the complaint and set aside the order of the District Consumer Disputes Redressal Forum, Shimla (in short, “District Forum”) granting the claim on non-standard basis.

3. The facts of the case lie in a narrow compass.

4. The petitioner-complainant had purchased a Mahindra Pick UP BS-II 4WD vehicle and got it insured for an amount of Rs. 4,30,037/- with respondent no.1–M/s. New India Assurance Company Ltd. for the period 12.12.2005 to 11.12.2006. The vehicle was temporarily registered for one month period, which expired on 11.1.2006. However, on 2.2.2006, the vehicle met with an accident and got damaged. The complainant lodged FIR and informed about it to the respondent-Company, which appointed a surveyor and assessed the loss at Rs.2,60,845/- on repair basis. The insurance claim was, however, repudiated by the opposite party on the ground that the person Rajeev Hetta, who was driving the vehicle at the time of the accident, did not possess a valid and effective driving licence and also the vehicle had not been registered after the expiry of the temporary registration. Consequently, the appellant filed a consumer complaint before the District Forum.

5. After hearing parties on either side and scanning the record of the case meticulously, the District Forum allowed the complaint and directed the respondent-Company to indemnify the complainant to the extent of 75% of 4,30,037/- along with interest at the rate of 9% per annum thereon with effect from the date of filing of the complaint. Aggrieved by the decision of the District Forum, Respondent-Company as well as the appellant- complainant approached State Commission by way of appeal. The State Commission by its common order disposed of both the appeals, allowing appeal of the Company and dismissing the complaint of the Complainant due to which the appeal preferred by the appellant-complainant was dismissed as infructuous.

(2) A registration made under this section shall be valid only for a period not exceeding one month, and shall not be renewable:

15. In the aforesaid premises, we do not find any infirmity in the order passed by the State Commission and the National Commission.

16. For the reasons aforesaid, this appeal has no merit and is liable to be dismissed.
Commr.Of Income Tax,Rajkot vs Govindbhai Mamaiya

2. The respondents are three brothers. Their father died leaving the land admeasuring 17 acres and 11 gunthas to the three brothers and two other persons who relinquished their rights in favour of the three brothers. A part of this bequeathed land was acquired by the State Government and compensation was paid for it. On appeal, the compensation amount was enhanced and additional compensation alongwith interest was awarded.

0. In view of the above discussion, we allow these appeals in part and set aside that portion of the impugned judgment of the High Court whereby spread over of the interest received under section 28 of the 1894 Act, on the enhanced income is allowed with the direction that it would be taxed in the year in which such interest on enhanced compensation was received.
Ntpc Kahalagaon & Ors vs Nakul Das & Ors

2. Civil Appeal arising out of Special Leave Petition (Civil) No.31026 of 2011 is treated as lead case and the background facts culled therefrom are briefly mentioned below :

4. It may be mentioned at this stage that the vacancy notified were 101 against which 377 applicants, who were Land Oustees, were considered. Out of these 101 posts, 69 were meant for Artisan Trainee (ITI Fitter), 30 posts for Artisan Trainee (ITI Electrician) and 2 pots for Lab Assistant Trainee. The NTPC availed the services of Indian Institute of Psychometry, Kolkata to conduct the written tests. Thereafter, an Interview Board comprising of representatives from the State Governments / Minority Community and senior officers of the NTPC was constituted which conducted the interview of those candidates who have passed the written test. In this manner, selection of 101 persons from the said category of Land Oustees was made.

9. Not satisfied with the aforesaid outcome of the writ appeal, the NTPC has filed the instant appeal. Three other appeals arising out of SLP (C) No.33518-33519 of 2011, SLP (C) No.33772 of 2013 and SLP (C) No.33784 of 2013 are filed by those candidates who were selected and appointed to the posts but their selection has been set aside. Therefore, as far as these four appeals are concerned, they arise out of the same judgment of the High Court wherein aforesaid limited issue is to be considered namely whether it was incumbent upon the NTPC to give advertisement in the newspapers notifying the vacancies.

216. As a result thereof, direction is given to the NTPC to give opportunity to other eligible persons by giving advertisement in newspapers and complete the exercise of filling up of 101 posts expeditiously, preferably, within four months.

Rejoinder be filed within four weeks.

19. Having regard to these peculiar facts and aforesaid developments during the pendency of these appeals, we find that there is no necessity to carry out any fresh selection process as directed by the High Court in the impugned judgment. The appeals are allowed and the direction is set aside.

Civil Appeal @ S.L.P. (C) No.4686/2012 Leave granted.

20. This appeal is filed by five persons who also participated in the selection process and were selected.

22. Having regard to the aforesaid facts, we are of the opinion that it would be in the interest of justice that NTPC constitutes another Medical Board for re-examination of these three appellants and decide their fate on the basis of the opinion given and take further action on the basis of opinion given by the reconstitute Medical Board.

23. This appeal is disposed of on the aforesaid terms.

September 05, 2014.
Gold Quest International Pvt. Ltd vs The State Of Tamilnadu And Ors

3. Brief facts of the case are that the appellant is an International Numismatic Company which has operations in over sixty countries. It is pleaded that it conducts its business with necessary licence. The multi level marketing through direct selling of products is being adopted by the Company in the interest of the consumers by eliminating the middleman and rewarding the consumer by reducing the prices. The appellant-company has over sixteen thousand members/ consumers in and around the city of Chennai alone. A complaint was made in the year 2003 by Respondent No.7 against the appellant-company alleging non-compliance of issuance of numismatic gold coin on receipt of Rs.16,800/- from wife of Respondent No.7 as per the promise made by the appellant-company. Some other customers also had complaints on the basis of which Respondent No.4 registered a case under Section 420 of the Indian Penal Code read with Sections 4, 5 & 6 of the Prize Chits and Money Circulation (Banning) Act, 1978. The appellant- company filed a writ petition being W.P.No.26784 of 2003 before the High Court of Judicature at Madras praying therein that the FIR registered against it be quashed. Since all the claimants including the complainant settled the dispute with the appellant-company and entered into an agreement, learned Single Judge of the High Court by its order dated 19th April, 2005 quashed the FIR, and disposed of the aforesaid writ petition. However, the State-respondents challenged the said order dated 19th April, 2005 passed by the learned Single Judge whereby the FIR No.307 of 2003 was quashed, before the Division Bench of the High Court. The Division Bench allowed the writ appeal being W.A.No.1178 of 2005 filed by the State- respondents and directed Respondent No.4 to investigate the crime. Hence, this appeal.

Xx xx xx

9. For the reasons as discussed above, we are of the opinion that the impugned order dated 7th March, 2008 passed by the Division Bench of the High Court in W.A.No.1178 of 2005 is liable to be set aside. Accordingly, the appeal is allowed, and the order dated 19th April, 2005 passed by the learned Single Judge in W.P. No. 26874 of 2003 stands restored. No order as to costs.