L-NLProc/TathyaNyaya-and-FactLegalLlama-NyayaScrape-Datasets huggingface dataset:
Larsen & Toubro Limited vs Additional Dy.Commr.Of Commrl.Taxes ...

The assessee is doing the business of engineers and contractors and in this process it, inter alia, executes projects under contracts with public sector undertakings, local bodies as well as the Union and the State Governments, besides private sector. The assessee is registered under the Karnataka Act and files its returns for payment of sales tax thereunder. The contracts which are secured by the assessee are the works contracts and a part thereof is generally assigned to sub-contractors. For example, in Civil Appeal No. 2956 of 2007, the assessee had secured a contract to construct an indoor stadium styled 'Sree Kanteerava Indoor Stadium' in Bengaluru and the assessee assigned the work of finding their own materials and laying foam concrete to M/s. Lloyd Insulation (India Limited). This sub-contractor was registered with the Deputy Commissioner of Commercial Taxes, Assessment-IX City Division, Bengaluru, and accordingly it had submitted returns and paid taxes for the execution of the works contract and was duly assessed under Sections 5-B and 6-B of the Karnataka Act. A certificate dated April 10, 1998 to that effect had been marked before the authorities.

18. As stated above, according to the Department, there are two deemed sales, one from the main contractor to the contractee and the other from sub-contractor(s) to the main contractor, in the event of the contractee not having any privity of contract with the sub-contractor(s).

We, therefore, hold that the value of the work entrusted to the sub- contractors or payments made to them shall not be taken into consideration while computing total turnover for the purposes of Section 6-B of the Karnataka Act. As a consequence, the two appeals which are filed by the assessee are allowed and the appeal preferred by the Revenue is dismissed. In the facts and circumstances of the case, there shall be no order as to costs.

SEPTEMBER 05, 2016.
Afcons Infrastructure Ltd vs Nagpur Metro Rail Corporation Ltd. & Anr

2. Bids were invited by NMRCL for the design and construction of a viaduct in Reach-3 between Jhansi Rani Square and Lokmanya Nagar Stations from CH 7825M to CH 18212M on the East-West Corridor of Nagpur Metro Rail Project.

20. The appeals are allowed. The parties are left to bear their own costs.

minutes during peak hours and 5-10 minutes during off peak duration in the city. Source: http://www.delhicapital.com/delhi-metro/metro-train-
Sakhawat Hussain Khan vs Aligarh Muslim University & Ors

The Appellant is the Fourth defendant in O.S. No. 666 of 2001 filed by her brother Sri A. V. Venkataraman for partition and allotment of a share of 6/20 in the property in the Court of Additional Subordinate Judge, Chengalpattu. Defendants No. 1 to 3 are the sisters of the Appellant. It was averred in the plaint that the suit property was an ancestral property inherited by the father of the Plaintiff, Sri A.V. Venkataraman, by a partition deed dated 27.04.1954. Sri A.V. Venkataraman died in 1961 leaving his wife Smt. A.V. Rathnabai, the Plaintiff and the defendants. According to the Plaintiff he was entitled to a share of 6/20, the Second and Fourth defendants 6/20 share each and First and Third defendants 1/20 share each of the suit property. Section 29 A of the Hindu Succession (Tamil Nadu Amendment) Act, 1989 was inserted w.e.f. 15.03.1989 by which the daughter of a coparcener shall by birth became a coparcener in her own right in the same manner as a son and was given the same rights in the coparcenery property which the son had. Defendants 1 and 3 married prior to the amendment and so they were entitled to 1/20 share. The Appellant married after the amendment and Defendant No.2 did not marry as she was paralyzed in an accident due to which they were entitled to 6/20 share. The Appellant filed a written statement claiming a share of 36/90.

2. The Additional Sub Judge, Chengalpattu by his judgment dated 27.07.2004 decreed the suit holding that the Plaintiff, the Second Defendant and the Fourth defendant (Appellant) were entitled to a share of 6/20 each and First and Third defendants were entitled to a share of 1/20 each in the suit property. The Appellant preferred A.S. No. 39 of 2006 in which she stated that the Plaintiff omitted other properties which were available for partition and that the suit for partial partition was bad in law. The Principal District Judge, Chengalpattu dismissed A. S. No.39 of 2006 by a judgment dated 20.11.2006. The Appellant approached the High Court of Judicature at Madras by filing Second Appeal No.1168 of 2007 which was also dismissed on 01.11.2007.

6. C.M.A. Nos. 3041 of 2014 and 3042 of 2014 were filed by Respondents No. 1 and 2 herein (Plaintiffs No. 2 and 3 in the suit) and C.M.A. Nos.3043 of 2014 and 3044 of 2014 were filed by Respondents No. 4 and 5 herein (Defendants No. 1 and 3 in the suit) in the High Court of Judicature at Madras challenging the judgment dated 09.07.2014 in A. S. 3 of 2011 and A. S. No. 9 of 2013. The High Court allowed the CMAs, set aside the judgment and decree of the First Appellate Court and granted a preliminary decree in the suit for partition by declaring that the Plaintiffs were entitled for 5/8 share jointly and Defendants 1, 3 and 4 were entitled to 1/8 share in the suit house property. Aggrieved by the said judgment of the High Court, the Appellant has filed the above Civil Appeals.

10. For the aforementioned reasons, the Civil Appeals are allowed. No orders as to costs.
Sampelly Satyanarayan Rao vs Indian Renewable Energy Development ...

Question for consideration is whether in the facts of the present case, the dishonour of a post-dated cheque given for repayment of loan installment which is also described as “security” in the loan agreement is covered by Section 138 of the Negotiable Instruments Act, 1881 (“the Act”). The appellant is Director of the company whose cheques have been dishonoured and who is also the co-accused. The company is engaged in the field of power generation. The respondent is engaged in development of renewable energy and is a Government of India enterprise. Vide the loan agreement dated 15th March, 2001, the respondent agreed to advance loan of Rs.11.50 crores for setting up of 4.00 MW Biomass based Power Project in the State of Andhra Pradesh. The agreement recorded that post-dated cheques towards payment of installment of loan (principal and interest) were given by way of security. The text of this part of the agreement is quoted in the later part of this order. The cheques carried different dates depending on the dates when the installments were due and upon dishonour thereof, complaints including the one dated 27th September, 2002 were filed by the respondent in the court of the concerned Magistrate at New Delhi.

***

Accordingly, we do not find any merit in this appeal and the same is dismissed. Since we have only gone into the question whether on admitted facts, case for quashing has not been made out, the appellant will be at liberty to contest the matter in trial court in accordance with law.

september 19, 2016.

INDIAN RENEWABLE ENERGY DEVELOPMENT AGENCY LIMITED Respondent(s) Date : 19/09/2016 This appeal was called on for pronouncement of JUDGMENT today.

For Appellant(s) Mr. Lakshmi Raman Singh,Adv.

For Respondent(s) Mr. Annam D. N. Rao,Adv.

Hon'ble Mr. Justice Adarsh Kumar Goel pronounced the judgment of the Bench comprising Hon'ble Mr. Justice Dipak Misra and His Lordship.

The appeal is dismissed in terms of the signed judgment. Pending application(s), if any, stand(s) disposed of.

(Signed Reportable judgment is placed on the file) | | | |
Syscon Consultants P.Ltd vs M/S Primella Sanitary Prod.P.Ltd.& Ors

While the steps for the sale were in progress, Smt. Kishori Nayak daughter of Vishwanata Purshotam Sinai Gaitonde and Anandibai Viswanata Gaitonde, real sister of Defendants 1, 3 and 5 raised an objection that she was also entitled to succeed to the estate of her parents and, in particular, she was interested in the suit property, and therefore, they should not proceed with the sale.

By common judgment dated 31.12.2001, the Trial Court disposed of both suits upholding the right of 7th and 8th Defendants (the sister and her husband). The Defendants 1 to 6 were directed to refund the advance of Rs. 50 thousand with interest @ 21 per cent per annum from the date of institution of the suit to the Plaintiff and further Defendants 1 to 8 were directed to refund an amount of Rs.17 lakhs to the Plaintiff with interest @ 6 per cent per annum from 12.05.1993.

(Rupees fifty thousand only) as and by way of earnest money (the payment and receipt whereof the Vendor does hereby admit and acknowledges) and the balance of the purchase money amounting to Rs.6 lacs (Rupees six lacs only) shall be paid at the time of the completion of the sale. Simultaneously with the execution of this agreement the Vendor shall at his own cost furnish to the Purchasers an abstract of all title deeds and other papers and writings including copies or extracts from records of the Talati or Circle Inspector relating to the said land. The sale shall be completed within one month from the date of establishment of a good and marketable title of the Vendor.” xxx xxx xxx xxx “6. The Vendor hereby agrees to answer all reasonable requisitions and satisfy all objections on title to be made by the Purchasers or their Solicitor or Representatives. If a good and marketable title is made out and the said land is found to be free from all encumbrance, attachments and charges and other rights, demands and claims and not effected by any notice or scheme of acquisition or requisition AND permission and no objection from any Authority or Authorities, if any, is obtained by the Vendor, the Vendor will execute a proper conveyance or conveyance in favour of the Purchasers or their nominee or nominees or assigns in which the Vendor shall make the other person or persons, if any, join, if necessary, to pass and convey an absolute title unto the Purchaser or his nominee or nominees or assigns or to redeem any charge or encumbrances. The Vendor shall bear and pay all outgoings, expenses and liabilities in respect of the said land upto and inclusive of the day of the completion of the sale. The Vendor shall hand over vacant and peaceful possession to the Purchaser of the said land at the time of completion of the sale.” xxx xxx xxx xxx “8. If a good and marketable title is not made out or the said land is found to be subject to any encumbrances charges or attachments or other claims, rights or demands the Purchaser shall be at liberty to rescind this Agreement and the Vendor shall in the event forthwith refund the said earnest money with interest at 21% per annum.
Raminder Singh vs State Of Punjab & Anr

2) Facts of the case need mention, in brief, infra to appreciate the controversy involved in the appeal.

3) The appellant was recruited as Silt Observer in the year 1986 in Irrigation and Power Research Institute, Amritsar, which is a Branch of Public Works Department, Government of Punjab. At the time of his appointment, his qualification was matriculation with Science subjects and B.A. with Economics and Political Science. While working as Silt Observer, the appellant was performing the duties of Research Assistant Grade B, as per the directives of his superiors.

32) In the light of foregoing discussion, we do not agree with the view taken by the High Court and accordingly allow the appeal and set aside the impugned order of the High Court and, in consequence, allow the writ petition filed by the appellant (writ petitioner) and set aside the order dated 10.12.2002 (Annexure P-9) impugned in the writ petition.
Princ.Secr.,Govt.Of Karnataka & Anr vs Ragini Narayan & Anr

Brief facts of the case are that the plaintiff (Respondent No. 1 herein) Ragini Narayan filed a suit for declaration that after death of her husband, she is the Donor Trustee of B.M. Sreenivasaiah Educational Trust, Bangalore (for short “BMS Trust”). It is not disputed that late Shri B.M. Sreenivasaiah, a philanthropist, started BMS College of Engineering in the year 1946. After his death it was his son B.S. Narayan, who was running the institution. In 1957, the institution was transferred to BMS Trust by B.S. Narayan (since died). The then Government of Mysore (now Government of Karnataka) extended financial assistance to the Trust to clear its encumbrances, and agreed to establish the BMS College for Women by the Trust. It is stated that the appellant/ Government of Karnataka gave grant- in-aid for the three colleges run by the Trust.

Dispute starts from the year 1994. On 10.12.1994 in another meeting of Council of Trustees, a resolution was passed to amend the Trust Deed to give effect to the succession to Donor Trusteeship, with certain changes from the earlier resolution mentioned in preceding para. In the light of the amendment made in 1994, a Deed dated 30.01.1995 was registered providing that after the life time of B.S. Narayan, his senior most lineal descendant or a member of his family, nominated by him or his wife, shall be the Donor Trustee. It is pleaded by the plaintiff that B.S. Narayan, exercising powers under clause IV(iv) of the Trust Deed, vide document dated 16.01.1995, nominated the plaintiff to be the Donor Trustee in his place with effect from 16.01.1995. The plaintiff has further pleaded that B.S. Narayan never revoked said delegation till his death. The document dated 30.01.1995 further provided that after death of B. S. Narayan his wife shall be the Donor Trustee under the Trust Deed.

….

With reference to the above mentioned Communication/documents, the Government of Karnataka has accepted the nomination as the Donor-Trustee of B.M. Srinivasaiah Educational Trust and is assuming the role of Donor- Trustee with immediate effect. Sri M.R. Sreenivasa Murthy, IAS, is hereby appointed to function as Donor-Trustee on behalf of the Government of Karnataka with immediate effect.

Please extend all co-operation to him and assist him in the discharge of his functions.

Yours faithfully, Sd/-

For the reasons as discussed above, the appeal is dismissed.
Gyani Chand vs State Of A.P

2. Undisputed facts giving rise to the present litigation in a nutshell are as under:

3. The said documents, which were handed over to the appellant, were given by him to his mother, Late Sharda Bai. The said documents were required in I.A. No.632 of 2001 in O.S. No.231 of 1972, which was pending in the Court of IXth Junior Civil Judge, Civil Court at Hyderabad. By an affidavit dated 5.10.2001, Late Sharda Bai had admitted the fact that the said documents were given to her by the appellant and she had further stated in the said affidavit that the appellant in the said proceedings had no right to get the said documents. Thus, it is an admitted fact that the present appellant had handed over the said documents to his mother Late Sharda Bai, who had right to retain the same as the documents were produced by her.

7. As the matter was taken up seriously by the Court concerned, reference was made for initiating contempt proceedings against the appellant as the documents were not returned as per the undertaking and the matter was placed before the High Court and by virtue of the impugned order, the High Court came to the conclusion that the appellant was guilty of contempt of court and therefore, the appellant has been punished.

14. For the afore-stated reasons, we are not in agreement with the judgment delivered by the High Court and therefore, we set aside the same and allow the appeal with no order as to costs.
Gen Sec.Coal Washeries Workers Union vs Emp.In.Rel.Mgt.Of Dugda Coal Washery

2. Briefly stated, the appellant raised an industrial dispute which was referred to the Central Government Industrial Tribunal at Dhanbad, for adjudication, as under:-

6. This lump sum compensation amount of Rs.1,50,000/- to each workmen would be in full and final settlement of all the claims of the concerned workmen and substitute the order passed by the Tribunal to that extent, without any further enquiry as to whether the concerned workmen was gainfully employed during the relevant period or not.

7. The respondent shall deposit the amount payable in terms of this order to the workmen before the Central Government Industrial Tribunal, Dhanbad, within three months from today. Failing which, shall be liable to pay interest thereon at the rate of 10% p.a. from today till the amount is deposited or paid to the concerned workmen, whichever is earlier. The Central Government Industrial Tribunal, Dhanbad, shall cause to disburse the amount to the concerned workmen subject to verification.

8. The appeal succeeds in the above terms with no order as to costs.
Gujarat Maritime Board vs L&T; Infrastructure Development ...

(Annexure1). This performance/bank guarantee is against the submission of Detailed Project Report within 12 months and obtaining environment clearance, coastal regulation zone clearance and effecting financial closure within 18 months as mentioned in para 1.7 and 1.8 above, failing which Gujarat Maritime Board/Government shall cancel this Letter of Intent and bank guarantee shall be forfeited.” On 07.05.2010, the first respondent requested for change of location from Sutrapada to Kachchigarh and the bank guarantee was extended. At the instance of the first respondent, the Yes Bank Limited furnished a bank guarantee to the appellant on 26.11.2011 for an amount of Rs.5 crores. The relevant conditions read as follows:

Between the bank and the appellant, the moment there is a written demand for invoking the bank guarantee pursuant to breach of the covenants between the appellant and the first respondent, as satisfied by the appellant, the bank is bound to honour the payment under the guarantee. Therefore, the appeal is allowed and the impugned judgment is set aside. However, we make it clear that this judgment will not stand in the way of the first respondent working out its grievances in appropriate proceedings as permitted under law.

September 28, 2016.
Nitu vs Sheela Rani And Ors

3. Being aggrieved by an Order dated 21st April, 2015 passed by the High Court of Punjab & Haryana at Chandigarh in C.R. No.6012 of 2014, the widow of a government employee has approached this Court with a grievance that she is not being paid full pension in accordance with the provisions of the Family Pension Scheme, 1964 (hereinafter referred to as ‘the Scheme’) of the Government of Punjab.

4. The facts giving rise to the present litigation, in a nutshell, are as under :

5. After hearing the parties concerned, the learned Civil Judge (Senior Division), Rohtak dismissed the suit by coming to a conclusion that the mother, who was the plaintiff in the said case and the sister of late Shri Yash Pal were not entitled to succession certificate and held that the present appellant, who was respondent No.3 in the said suit, being the widow of the deceased, was entitled to succession certificate so far as pension payable in respect of the services rendered by late Shri Yash Pal was concerned. The said judgment was delivered on 25th April, 2013.

19. For the aforestated reasons, in our opinion, the High Court committed an error by giving a direction that the respondent mother should also get 50% share in the pension. In view of the aforestated legal position, the entire pension would be payable to the appellant widow.

20. In the circumstances, the impugned order is set aside and it is directed that the pension shall be paid only to the appellant widow and not to the respondent mother.

21. The appeal stands disposed of as allowed with no order as to costs.
Nagarplaika Thakurdwara vs Khalil Ahmed & Ors

3. The facts giving rise to the present litigation in a nutshell are as under :

4. Written Statement was filed by the appellant stating that the premises of the respondents were very much within the municipal limits of the Nagar Palika and the said fact was also known to the respondents as respondent no.1 had also contested an election for being a President of the appellant Nagar Palika. Moreover, it was also the case of the appellant that the suit was not maintainable in view of the provisions of Sections 143 and 160 of the Act.

5. The said suit was dismissed and therefore, the respondents preferred first appeal, being Civil Appeal No.30 of 2008, before the Court of Additional District Judge, Moradabad, which was allowed by a judgment dated 19.7.2011.

7. The short reason for which the appeal filed by the appellant has been dismissed by the High Court is that the claim in the second appeal was less than Rs.25,000/- and by virtue of the provisions of Section 102 of the Code of Civil Procedure, 1908, no second appeal would lie from any decree when the subject matter of the original suit is for recovery of money not exceeding Rs.25,000/-.

11. Upon hearing the learned counsel and looking at the facts of the case and in the light of the legal provisions, we are of the view that the High Court ought not to have dismissed the second appeal.

17. In the circumstances, we set aside the impugned judgment and remit the matter to the High Court so that the Second Appeal can be decided afresh after hearing the parties concerned.

18. As the suit was filed in the year 1994 and possibly no tax might have been recovered by the appellant till now, we feel that the second appeal should be decided at an early date. The parties to the litigation shall appear before the High Court on 17.10.2016 and the High Court is requested to fix the date for final hearing of the second appeal so that the appeal can be finally decided preferably within six months from the date of receipt of a copy of this judgment by the High Court.

19. The appeal is, accordingly, disposed of as allowed with no order as to costs.
State Of Up And Ors vs Z.U. Ansari

3. The respondent-writ petitioner before the High Court joined the Saharanpur Division of Rural Engineering Department of the State of Uttar Pradesh as a Junior Engineer on 26th February, 1973. He was promoted to the post of Assistant Engineer on 25th April, 1981 and transferred to Pratapgarh Division, and thereafter to several other places till he superannuated from service on 30th September, 2008.

………………………………………………………J. [V.GOPALA GOWDA] New Delhi, September 30, 2016 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No. 9886 OF 2016 (Arising out of SLP(C) No. 20985 of 2014) |STATE OF U.P. AND ORS. |... | Appellant(s) | | Versus | |Z.U.ANSARI |... | Respondent(s) | O R D E R Hon'ble the Chief Justice pronounced the judgment on behalf of himself, allowing the appeal in terms of the signed reportable judgment. Hon'ble Mr. Justice V.Gopala Gowda pronounced separate judgment, disagreeing with the views expressed by Hon'ble the Chief Justice and dismissed the appeal.

In view of the difference of opinion, the Registry is directed to place the matter before Hon'ble the Chief Justice, so that an appropriate Bench could be constituted for hearing the matter.

................CJI.

(T.S.THAKUR) .................J. (V.GOPALA GOWDA) New Delhi, Dated: 30th September, 2016.