L-NLProc/TathyaNyaya-and-FactLegalLlama-NyayaScrape-Datasets huggingface dataset:
S.R.Sukumar vs S.Sunaad Raghuram

3. On 9.05.2007, respondent filed the complaint under Section 200 Cr.P.C. against the first appellant and his mother Smt. H.R. Leelavathi (A-

2) alleging that they have committed the offences punishable under Sections 120-B, 499 and 500 IPC. In the complaint, the respondent has alleged that he was born of the wedlock of his father late Shri S.G. Raghuram and mother Late Smt. B.S. Girija. However, his father after the death of his mother Girija, married another divorcee lady namely Smt. H.R. Leelavathi (A-2) who at the time of the second marriage, already had a son aged six years S.H. Sukumar (appellant), born from her previous wedlock. The respondent alleged in the complaint that his father’s name i.e. Late Shri S.G. Raghuram has been purportedly used by the appellant portraying as if he is his natural father. Respondent alleged that the act of the appellant using name of respondent’s father as his own father often created doubts among the near and dear ones about the legitimacy of the respondent- complainant and integrity and character of his father which had affected the respondent’s reputation.

4. Respondent filed the complaint on 9.05.2007 and his statement was recorded in part on 18.05.2007 and further recorded on 23.05.2007. Next day i.e. on 24.05.2007, respondent moved an application seeking amendment to the complaint by praying for insertion of paras 11(a) and 11(b) in the complaint stating the fact of poem named ‘Khalnayakaru’ written by the appellant in connivance with his mother (A-2) depicting the respondent as Villain-‘Khalnayak’, with an intention to malign the character, image and status of the respondent. The trial court allowed the amendment on 24.05.2007 and took the cognizance of the offence and directed issuance of the process to the appellant vide Order dated 21.06.2007. Aggrieved by the Order dated 21.06.2007, the appellant approached the High Court praying for quashing the proceedings in PCR No.8409/2007 registered as C.C. No.15851/2007 on the ground that there is no provision under the Code, providing for amendment of the complaint. The High Court vide impugned Order dated 20.01.2012 dismissed the petition filed by the appellant observing that before the date of allowing amendment application i.e. 24.05.2007, cognizance of case was not taken and therefore no prejudice is caused to the appellant. Further, the High Court was of the view that if amendment is not allowed, then the multiple proceedings would have ensued between the parties.

20. The appeal is dismissed. The trial court is directed to take up the matter and dispose the same in accordance with law as early as possible. It is made clear that we have not expressed any opinion on the merits of the matter.

July 2, 2015
State Of M.P vs Keshar Singh

4. PW1 has deposed in her categorical finding that the private parts of the prosecutrix were injured, her hymen was ruptured and that she was subjected to sexual intercourse. The major eye witness in the present case is PW3 who is also a minor girl of 10 years. However, in her examination she was found to be competent witness as she answered the preliminary questions correctly and with understanding. She has in her examination-in- chief brought out the story that the accused, whom she knows, had caught her sister and taken her near the pond. According to her, he threw the prosecutrix on the ground, opened his pyjama and sat on her and gave the prosecutrix some money, which was thrown away by her. The witness further stated in her deposition that the accused filled the mouth of the prosecutrix with lungi, raised her petticoat and committed sexual intercourse and that the private part of the prosecutrix bled. She also stated that her uncle Manohar Lal arrived there on whose asking she went to her father in a car and told him about the incident. She has also stated that the accused had inflicted knife blows on the thigh of the prosecutrix. In the cross-examination, we find that the counsel for defence has asked the child witness (PW3) many leading questions, the implication of which the child witness would never be able to understand. Therefore, she has answered most of the questions with a mechanical one word answer “Yes”, without any elaboration. In this way, the defence elicited from the child witness the statements to the effect that the accused had given knife blows on the face, neck and thigh of the prosecutrix and that it was all these parts of the prosecutrix from where blood oozed out. In the same way she admitted the suggestion that she was read out a statement by police outside the Court and that she has made the same statement in the Court.

10. In view of the above reasoning, we are of the opinion that the case of the prosecution suffers from inherent inconsistencies and flaws. We do not find any merit in this appeal. Accordingly, this appeal is dismissed.

……………………………..J (Pinaki Chandra Ghose) ……………………………..J (Uday Umesh Lalit) New Delhi;

July 03, 2015.

Hon'ble Mr. Justice Pinaki Chandra Ghose pronounced the reportable judgment of the Bench comprising His Lordship and Hon'ble Mr. Justice Uday Umesh Lalit.

The appeal is dismissed in terms of the signed reportable judgment.
Sirajul & Ors vs The State Of U.P. & Anr

2. The incident in question took place on 11th February, 1992. In respect of the said incident, there were two cross cases being Crime Case No.37/92 under Section 307 IPC registered against the appellants, and Crime Case No.37A/92 under Section 307 IPC registered at the instance of the appellants at Police Station Atrauli, District Hardoi. The investigating Agency charge sheeted respondent No.2, which gave rise to Session Trial Case No.760 of 1995. After trial, respondent No.2 and three others were convicted under Section 307/34 IPC and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs.5,000/- each vide judgment dated 23rd September, 2009 by Additional Sessions Judge/F.T.C.-I, Hardoi. However, an appeal against the said judgment is said to be pending. Respondent No.2, in his statement under Section 313 Cr.P.C. stated that he had also lodged a cross case. He also led defence evidence in support of the cross version. Having regard to the nature of injuries received on the side of the appellants and other evidence, version of the appellants was accepted and respondent No.2 and two others were convicted.

3. What is significant and undisputed is the fact that though respondent No.2 had registered Crime Case No.37/92 on 11th February, 1992 against the appellants and no action was taken thereon, he kept quiet till 11th August, 2005. Meanwhile, respondent No.2 and other co-accused were charge sheeted on 21st January, 1993 and session trial commenced against them in the year 1995. It was only on 11th August, 2005 that respondent No.2 filed an application for summoning progress report of Crime Case No.37/1992, so that the cross case against the appellants could also be tried along with the trial against respondent No.2.

5. Application filed on 1st February, 2008 was disposed of on 20th February, 2008 in view of the report of the police that the appellants were exonerated during investigation and the report was filed before the Court. On 3rd May, 2008, respondent No.2 filed the impugned complaint alleging that the appellants had committed offence under Section 307 IPC on 11th February, 1992. The said complaint led to summoning of the appellants vide order dated 3rd June, 2009 which was impugned before the High Court. The High Court dismissed the petition filed by the appellants for quashing on the ground that allegation in the complaint and preliminary evidence led in support thereof made out a case for summoning and thus no case for quashing was made out.

7. While issuing notice on 23rd November, 2009 further proceeding in Criminal Case No.1066 of 2008 pending in the Court of Judicial Magistrate- II, Hardoi was stayed and the said order has been operative till date.

19. We accordingly, allow this appeal set aside the impugned order and quash the proceedings in Criminal Complaint Case No.1066 of 2008 pending in the Court of Judicial Magistrate-II, Hardoi.
Somveer Lamba vs Haryana Public Service Commission & Anr

2. The incident in question took place on 11th February, 1992. In respect of the said incident, there were two cross cases being Crime Case No.37/92 under Section 307 IPC registered against the appellants, and Crime Case No.37A/92 under Section 307 IPC registered at the instance of the appellants at Police Station Atrauli, District Hardoi. The investigating Agency charge sheeted respondent No.2, which gave rise to Session Trial Case No.760 of 1995. After trial, respondent No.2 and three others were convicted under Section 307/34 IPC and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs.5,000/- each vide judgment dated 23rd September, 2009 by Additional Sessions Judge/F.T.C.-I, Hardoi. However, an appeal against the said judgment is said to be pending. Respondent No.2, in his statement under Section 313 Cr.P.C. stated that he had also lodged a cross case. He also led defence evidence in support of the cross version. Having regard to the nature of injuries received on the side of the appellants and other evidence, version of the appellants was accepted and respondent No.2 and two others were convicted.

3. What is significant and undisputed is the fact that though respondent No.2 had registered Crime Case No.37/92 on 11th February, 1992 against the appellants and no action was taken thereon, he kept quiet till 11th August, 2005. Meanwhile, respondent No.2 and other co-accused were charge sheeted on 21st January, 1993 and session trial commenced against them in the year 1995. It was only on 11th August, 2005 that respondent No.2 filed an application for summoning progress report of Crime Case No.37/1992, so that the cross case against the appellants could also be tried along with the trial against respondent No.2.

5. Application filed on 1st February, 2008 was disposed of on 20th February, 2008 in view of the report of the police that the appellants were exonerated during investigation and the report was filed before the Court. On 3rd May, 2008, respondent No.2 filed the impugned complaint alleging that the appellants had committed offence under Section 307 IPC on 11th February, 1992. The said complaint led to summoning of the appellants vide order dated 3rd June, 2009 which was impugned before the High Court. The High Court dismissed the petition filed by the appellants for quashing on the ground that allegation in the complaint and preliminary evidence led in support thereof made out a case for summoning and thus no case for quashing was made out.

7. While issuing notice on 23rd November, 2009 further proceeding in Criminal Case No.1066 of 2008 pending in the Court of Judicial Magistrate- II, Hardoi was stayed and the said order has been operative till date.

19. We accordingly, allow this appeal set aside the impugned order and quash the proceedings in Criminal Complaint Case No.1066 of 2008 pending in the Court of Judicial Magistrate-II, Hardoi.
State Of M.P. & Ors vs Anand Mohan & Anr

2. Brief facts of the case are that respondent No.1 was an Executive Engineer, and respondent No.2 was an Assistant Engineer with Bhopal Development Authority (for short “BDA”). Said authority got constructed 33/11 KV Sub-Station at Raksha Vihar Colony, Bhopal, for which tenders were invited on 25.07.1995, and work order was given in favour of one A.R.K. Electricals, Bhopal. The construction was completed on 25.09.1997, and ownership of the sub-station was transferred to Madhya Pradesh State Electricity Board (for short “MPSEB”). It is alleged that the respondents, in connivance with other accused, entered into a criminal conspiracy in connection with above construction work, and got prepared a forged note- sheet, pursuant to which excess payment of Rs. 9,51,657/- was paid to a contractor (Ashok Johri). On this information, Economic Offences Wing (for short “EOW”) of the State Government registered Crime No. 28 of 2004 in respect of offences punishable under Sections 420, 467, 468, 471, 120B and 201 IPC, and under Section 13 (1) (d) read with Section 13 (2) of Prevention of Corruption Act, 1988 (for Short “the Act”) against the respondents and other accused. After investigation, the Wing sought previous sanction necessary for prosecution of the respondents from the Administrative Department of the State Government. The Administrative Department of the State Government, after examining the papers declined the sanction vide its order dated 08.03.2011. However, on completion of investigation, when charge sheet was filed against the accused before the Court of Special Judge (Prevention of Corruption Act), Bhopal, the court, vide its order dated 15.02.2012, directed that necessary sanction for the prosecution of respondents be obtained from appellant No. 2, Secretary, Department of Law and Legislative Affairs, Government of Madhya Pradesh, which is the Competent Authority. Said Authority after examining the papers vide order dated 20.11.2012, (Annexure P-8) granted necessary sanction to prosecute the respondents.

3. The respondents challenged the order dated 20.11.2012, passed by present appellant No.2 before the High Court through Writ Petition No. 21246 of 2012. The High Court allowed the Writ Petition holding that appellant No. 2, i.e. Secretary, Department of Law and Legislative Affairs was not the Competent Authority to grant the sanction.

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Poonaiyah Ramajayam Institute Of ... vs Medical Council Of India And Anr

4. Indisputably, the petitioner as far back as on 25.8.2014 submitted application as required under Section 10A of the Indian Medical Council Act, 1956 for the establishment of the Institute. The Essentiality Certificate was issued by the State of Tamil Nadu only on 28.8.2014. The said communication was received by the petitioner only in the 1st week of September, 2014. Similarly, the Tamil Nadu MGR University granted Consent of Affiliation for starting of MBBS Degree course in the new medical college. On receipt of this communication, the petitioner immediately on 10.9.2014 submitted Essentiality Certificate and Certificate of Affiliation. Curiously enough after about a month, the respondent no.2 – Central Government rejected the application on the ground that Essentiality Certificate was not submitted before the cut-off date i.e. 31.8.2014.

7. Prima facie, therefore, we are of the view that in the facts and circumstances of the case, the respondents have not discharged their duty in accordance with the provisions of the Act and Rules made thereunder rather acted in a biased manner.

8. We, therefore, dispose of this application with a direction to the respondent Medical Council of India to consider the application and make its recommendation within a period of three weeks from today.

9. Let the matter be listed after four weeks to enable the respondents to submit the recommendation in a sealed cover.
Mr. Robert John D'Souza & Ors vs Mr. Stephen V. Gomes & Anr

Brief facts of the case are that a Society named – Mukka Welfare Society was constituted on 28.3.1970 for charitable work and social service, registered under Karnataka Societies Registration Act, 1970. Appellant No. 1, appellant No. 2 and appellant No. 3 were President, Secretary and Treasurer respectively, while appellant Nos. 4 to 7 were Directors of the Society. Other appellants are their relatives. A piece of land bearing S. No. 239/10 measuring 0.50 acres in Village Suratkal, Taluk Mangalore, was purchased by the Society vide registered sale deed dated 28.1.1978 from one Smt. Kaveri Hengsu. It is alleged by the complainant (respondent No. 1) that appellant Nos. 1 to 7, being members of the Executive and Directors of Mukka Welfare Society, misusing the position, held Board Meetings on 22.9.1995 and 13.10.1995 facilitating the sale of the above mentioned land in favour of their relatives (appellant Nos. 7 to 12). The sale deeds were executed on 16.2.1996. It is further stated that the purchasers (appellant Nos. 7 to 12), executed sale deeds in the same year in favour of the Directors of the Society. It is alleged by the complainant/respondent No.1 that the appellants have fraudulently usurped the property through the sale deeds mentioned above, and thereby committed cheating.

The criminal complaint filed by respondent No. 1 was registered by the 1st Additional Senior Civil Judge and Chief Judicial Magistrate, Mangalore, DK, who, after recording the statement of the complainant under Section 200 of the Code of Criminal Procedure, 1973 (for short “CrPC”), summoned the appellants vide order dated 13.4.2012 in respect of offences punishable under Sections 406, 409, 420 read with Section 34 of Indian Penal Code (IPC). The appellants filed Criminal Revision Petition No. 58 of 2012 before the Principal Sessions & District Judge of D.K. District at Mangalore, which was dismissed vide order dated 6.2.2013. Thereafter, the appellants filed a petition under Section 482 CrPC before the High Court and the same was also dismissed. Hence this appeal through special leave.

Therefore, we allow the appeal and set aside the orders passed by the High Court and that of the courts below. Accordingly, the order passed by the Magistrate summoning the appellants in the criminal complaint filed by respondent No. 1, in respect of offences punishable under Sections 406, 409 and 420 IPC, also stands quashed.

July 21, 2015.
Dm Wayanad Institute Of Medical ... vs Union Of India & Anr

Many of the Resident Doctors were stated to have been absent on account of the imminent State Level PG Entrance Test. Another inspection was conducted on 7th February, 2015. The inspection report was alleged to have been inaccurate and signed in protest by the Dean.

8. The petitioner-college was granted provisional affiliation for starting the MBBS course for the academic session 2014-15 with 150 students. It appears that a surprise inspection was made by MCI and many deficiencies were pointed out. The Executive Committee of MCI after considering the inspection report recommended disapproval of the college. The Central Government directed the MCI to reconsider the matter. However, the MCI reiterated its stand of not recommending the renewal of permission for the sessions 2015-16. The petitioner has challenged the decision of the Medical Council of India.

28. We, therefore, dismiss these writ petitions filed under Article 32 of the Constitution. However, this will not prevent the petitioners from agitating their grievances before the appropriate forum including the High Court having jurisdiction to deal with the matter.
Darshan Singh Saini vs Sohan Singh & Anr

Criminal Appeal No. 1833/2011 The respondent Sohan Singh was an employee of the appellant- Darshan Singh Saini. According to Sohan Singh, he was engaged by the appellant in hotel Geetanjali Guest House, which the appellant owned at Baddi, in the State of Himachal Pradesh. Based on the services rendered by the respondent, certain emoluments which were due to the respondent, were allegedly not paid to Sohan Singh by the appellant. It was also asserted at the behest of the respondent, that on occasions, when he demanded the arrears of salary payable to him, he was threatened by Darshan Singh Saini, that in case the appellant ever set eyes on the respondent-Sohan Singh, he will be killed.

The respondent is stated to have made a complaint in respect of the threatening conduct of the appellant-Darshan Singh Saini (and his father- Beli Ram). On coming to know about the complaint made by the respondent, it is the assertion of Sohan Singh, that the appellant – Darshan Singh Saini, abused him in the name of his mother and sister on 15.1.2008, as also on account of the fact, that he belonged to the scheduled caste. Besides being abused, it was also sought to be asserted by Sohan Singh, that the appellant - Darshan Singh Saini slapped the respondent, and gave him fist- blows, after holding his neck, and pushing him to the ground. It was also the contention of the respondent-Sohan Singh, that in the aforesaid incident, the father of the appellant - Beli Ram supported Darshan Singh Saini. According to the respondent-complainant, the respondent could be saved in the above abusing and assaulting incident, only on account of the intervention of Bhagat Ram and Chet Ram.

In the above view of the matter, we find no merit in this appeal, and the same is accordingly dismissed.

Criminal Appeal no. 1834/2011 Insofar as the connected appeal filed by the respondent - Sohan Singh is concerned, who claims that charges be framed against Darshan Singh Saini and his father Beli Ram, under the provisions of the Scheduled Castes and Scheduled Tribes (Atrocities and Prevention) Act, we are of the view that the High Court was fully justified in rejecting the aforesaid prayer, on account of the fact that Sohan Singh did not indicate in his complaint dated 24-01-2008, and also in the statement made by him, before the Judicial Magistrate, First Class, Nalagarh, that the appellant Darshan Singh Saini belongs to an upper caste. We, therefore, find no justification in interfering with the impugned order, on this score also.

The instant appeal is accordingly dismissed.

Date : 23/07/2015 These appeals were called on for hearing today.

CORAM :
Shabina Abraham & Ors vs Collector Of Central Excise & Customs

3. On 14.3.1989, the said Shri George Varghese died. As a result of his death, a second show cause notice was issued on 18.10.1989 to his wife and four daughters asking them to make submissions with regard to the demand of duty made in the show cause notice dated 12.6.1987. By their reply dated 25.10.1989, the said legal heirs of the deceased stated that none of them had any personal association with the deceased in his proprietary business and were not in a position to locate any business records. They submitted that the proceedings initiated against the deceased abated on his death in the absence of any provision in the Central Excises and Salt Act to continue assessment proceedings against a dead person in the hands of the legal representatives. The said show cause notice was, therefore, challenged as being without jurisdiction.

1) When any duty of excise has not been levied or paid or has been short-levied or short-paid or erroneously refunded, a Central Excise Officer may, within six months from the relevant date, serve notice on the person chargeable with the duty which has not been levied or paid or which has been short-levied or short- paid or to whom the refund has erroneously been made, requiring him to show cause why he should not pay the amount specified in the notice:

34. We are, therefore, of the view that this appeal must be allowed and the judgment of the High Court of Kerala is, accordingly set aside and that of the learned Single Judge restored.

July 29, 2015.