L-NLProc/TathyaNyaya-and-FactLegalLlama-NyayaScrape-Datasets huggingface dataset:
Phulia Tudu And Anr vs The State Of Bihar (Now Jharkhand)

3. Background facts according to the prosecution in a nutshell are as follows:

Once these three elements are proved to be present, the enquiry proceeds further and, Fourthly, it must be proved that the injury of the type just described made up of the three elements set out above is sufficient to cause death in the ordinary course of nature. This part of the enquiry is purely objective and inferential and has nothing to do with the intention of the offender."

18. The above are only broad guidelines and not cast iron imperatives. In most cases, their observance will facilitate the task of the Court. But sometimes the facts are so intertwined and the second and the third stages so telescoped into each other that it may not be convenient to give a separate treatment to the matters involved in the second and third stages.

20. Keeping the aforesaid legal principles in view, the factual position is to be examined. It cannot be said as a rule of universal application that whenever one blow is given Section 302 IPC is ruled out. It would depend upon the facts of each case. The weapon used, size of the weapon, place where the assault took place, background facts leading to the assault, part of the body where the blow was given are some of the factors to be considered. In the instant case admittedly one blow was given with a small stick, and the place where the assault took place was dimly lit. Inevitable conclusion is that the case is covered by Section 304 Part I IPC and not Section 302 IPC.

21. Therefore, each of the appellants is convicted under Section 304 Part I read with Section 34 IPC and not Section 302 IPC read with Section 34 IPC. Custodial sentence of ten years would meet the ends of justice.

22. The appeal is allowed to the aforesaid extent.
Union Of India (Uoi) vs Shri Shiv Shanker Kesari

2. Challenge in this appeal is to the grant of bail by a learned Single Judge of the Allahabad High Court to the respondent who was charged for alleged commission of offence punishable under Sections 8, 15, 27A and 29 of the Narcotic Drags and Psychotropic Substances Act, 1985 (in short the 'Act'). Allegation was that he was found to be in possession of huge quantity of poppy straw. It is the case of the prosecution that the raiding party seized nearly 400 Kg. of poppy straw from the possession of the accused-respondent. The prayer for bail made by the respondent was rejected by learned Special Judge (NDPS Act), Varanasi. The High Court by the impugned order accepted the prayer 'for bail on the ground that the recovery was not from the exclusive possession of the accused-respondent and other members of the family are involved in the case. It was noted that the respondent had no criminal history. Accordingly, the prayer for grant of bail was allowed.

6. As the provision itself provides no person shall be granted bail unless the two conditions are satisfied. They are; the satisfaction of the Court that there are reasonable grounds for believing that the accused is not guilty and that he is not likely to commit any offence while on bail. Both the conditions have to be satisfied. If either of these two conditions is not satisfied, the bar operates and the accused cannot be released on bail.

12. Additionally, the Court has to record a finding that while on bail the accused is not likely to commit any offence and there should also exist some materials to come to such a conclusion.

14. Above being the position, the impugned order is clearly unsustainable and is set aside. The bail application shall be considered afresh by the High Court keeping in view the parameters of Section 37 of the Act. The bail application shall be taken up after the accused surrenders to custody. The accused-respondent is directed to forthwith surrender to custody. The High Court would do well to dispose of the bail application expeditiously after the accused surrenders to custody.

15. The appeal is allowed.
Union Of India And Anr vs Shree Shankar Textiles Ex-Employees ...

2. Background facts in a nutshell are as follows:

3. The writ petition was allowed and it was held that the afore-noted conditions were unconstitutional, discriminatory and therefore, were arbitrary.

4. The writ appeal was also dismissed on the ground that the order of the learned Single Judge did not suffer from any infirmity.

17. In view of the above-noted position the appeal deserves to be allowed which we direct. The orders of the learned Single Judge and the Division Bench are set aside. The writ application filed by the respondent No.1 is dismissed. There will be no order as to costs.
State Of Karnataka vs Raju

2. On the basis of First Information Report (in short the 'FIR') lodged at the police station law was set into motion. On completion of investigation, charge-sheet was filed and accused faced trial and he pleaded innocence. Prosecution placed reliance on the evidence of victim and the medical evidence. The trial court convicted the accused under Section 376 IPC. An appeal was preferred before the High Court. The same was disposed of by the High Court maintaining the conviction but sentence was reduced to 3= years, since the High Court felt that in view of certain special reasons the custodial sentence was to be reduced to 3= years.

18. The appeal is allowed.
C.A. Pious vs The State Of Kerala And Anr

3. Background facts in a nutshell are as follows:

(3) We uphold all remissions and short- sentencing passed under Articles 72 and 161 of the Constitution but release will follow, in life sentence cases, only on government making in order en masse or individually, in that behalf.

(8) The power under Articles 72 and 161 of the Constitution can be exercised by the Central and State Governments, not by the President or Governor on their own. The advice of the appropriate Government binds the Head of the State. No separate order for each individual case is necessary but any general order made must be clear enough to identify the group of cases and indicate the application of mind to the whole group.

(9) Considerations for exercise of power under Articles 72/161 may be myriad and their occasions protean, and are left to the appropriate Government, but no consideration nor occasion can be wholly irrelevant, irrational, discriminatory or mala fide. Only in these rare cases will the court examine the exercise.

(12) In our view, penal humanitarianism and rehabilitative desideratum warrant liberal paroles, subject to security safeguards, and other humanizing strategies for inmates so that the dignity and worth of the human person are not desecrated by making mass jails anthropoid zoos. Human rights awareness must infuse institutional reform and search for alternatives.

10. As and when the appellant suffers actual custody of more than 8 years, let his case be considered in accordance with law by the concerned authorities.

11. We make it clear that we have not expressed any opinion in the acceptability of the plea of the appellant while considering the case of the appellant. The parameters and requirements have to be kept in view while considering the case.

12. The appeal is dismissed with the aforesaid observations.
Brijbhushan Yadav & Ors vs Union Of India & Anr

2) The workmen who secured an award for reinstatement with full back-wages at the hands of the Central Government Industrial Tribunal-cum-Labour Court, Lucknow (in short "Tribunal-cum-Labour Court") and lost before the High Court of Judicature at Allahabad are the appellants before this Court.

5) The High Court, by adverting to the facts in I.D. No. 39 of 2001, namely, Shri Brijbhushan Yadav vs. The General Manager, Telecom Department, accepted the stand of the department and quashed the award therein. Similar orders have been passed in all other connected writ petitions.

15) The appeal is disposed of on the above terms. No costs.
Pratibha vs Rameshwari Devi & Ors

3. Before we take up the questions that were posed before us by the learned counsel for the parties, it is necessary at this stage to state the facts giving rise to the filing of this appeal. Accordingly, the facts in a nutshell are stated below :

4. The appellant had entered into wedlock with the respondent No.2 on 25th January, 2000. The respondent Nos.1, 3, 4 and 5 are the mother-in-law, brother-in-law, maternal father-in-law and the father-in-law of the appellant respectively. The appellant left her matrimonial home on 25th May, 2001 with her father and brother. In the FIR, the appellant alleged that during her stay in her matrimonial home, she was subjected to harassment and cruelty by all the respondents as they were dissatisfied with the articles that the appellant had brought as stridhan. The respondents also forced her to bring Rs.5 lacs more in dowry from her father which she could not bring from her parents nor could her parents afford to pay such a huge amount. The respondents also did not allow the appellant to take back her ornaments and other articles, which were gifted to her as stridhan when she left her matrimonial home. On 31st July, 2001, the husband, namely, respondent No.2 filed a petition before the Family Court praying for a decree for divorce on the ground of mental cruelty. On 31st December, 2001, the appellant lodged an FIR No.221 of 2001 against the respondents for the alleged offences under Section 498A and 406 of IPC. This FIR was challenged by way of a criminal miscellaneous petition under Section 482 of the Code in which the respondents prayed for quashing of the said FIR. The respondents had also obtained an order granting anticipatory bail from the Sessions Judge, Jhunjhunu, Rajasthan on 8th February, 2002. While the petition under Section 482 of the Code was pending, a final investigation report was submitted on 13th February, 2004 in the High Court. The High Court by the impugned order had quashed the FIR No.221 of 2001 on the basis of the report of the Investigating Officer submitted before it and concluded that no offence under Section 498A and 406 of the IPC was made out by the appellant against the respondents. The High Court also observed that the FIR must be quashed to avoid undue harassment and mental agony to the respondents, more so when the divorce petition was still pending before the Family Court. It is this order of the High Court, quashing the FIR in the exercise of its inherent power under Section 482 of the Code, which is now under challenge before us in this appeal.

The appeal is allowed to the extent indicated above. The learned Magistrate is directed to proceed with the case in accordance with law. It is expected that the Magistrate shall dispose of the criminal proceedings as expeditiously as possible preferably within six months from the date of communication of this judgment.
Oriental Insurance Co. Ltd vs Syed Ibrahim & Ors

2. Challenge in these appeals is to the order passed by a learned Single Judge of the Karnataka High Court. Appeal was preferred before the High Court questioning correctness of the judgment and Award dated 18.01.2000 passed by the Motor Accidents Claims Tribunal, Shimoga (in short the 'Tribunal'). The owner of lorry bearing registration No.MYJ- 6666 had filed an appeal questioning correctness of the order passed by the Tribunal fixing the liability on him to pay compensation awarded. A cross-objection was filed by the complainants questioning the correctness of the compensation granted. The claim petition related to an accident which occurred on 20.11.1994 when a child aged seven years, who was the son of claimants, had lost his life. The claimants had filed the cross objections for enhancement of the compensation. Considering the materials on record, the Tribunal awarded a sum of Rs.51,500/- as compensation. The High Court by the impugned order enhanced the sum to Rs.1,52,000/-. The appellant (hereinafter referred to as the 'insurer') was directed to indemnify the award. Insurer's stand before the Tribunal and the High Court was that the driver driving the lorry was not authorized to drive the lorry because he was only licenced to drive a Light Motor Vehicle (in short the 'LMV'). When the accident took place, i.e. on 20.11.1994, the driver was authorized to drive LMV. Subsequently, on 11.10.1996 at the time of renewal of licence it was endorsed that he was authorized to drive Heavy Goods Vehicle (in short the 'HGV'). The High Court was of the view that the owner is not expected to know as to what type of licence the driver possessed. If the driver was authorized to drive one type of vehicle and was driving another type of vehicle, it cannot be said that there was wilfil breach on the part of insured. The insurer was required to prove that there was violation of terms and conditions of the policy and wilful breach on the part of insured as he was holding the licence to drive any type of vehicle for which he was not licenced. It was noted by the High Court that the owner of the vehicle may not be knowing as to what was the nature of the licence held by the driver. Accordingly, the quantum of compensation was enhanced and the appellant was held to be liable to pay the entire compensation.

11. The appeals are allowed to the aforesaid extent with no order as to costs.
City And Industrial Development ... vs Ekta Mahila Mandal & Anr

2. Challenge in this appeal is to the order passed by a Division Bench of the Bombay High Court at Aurangabad directing appellant-City and Industrial Development Corporation of Maharashtra (in short the 'CIDCO') to consider respondent No.1's case for regularization of the existing plot admeasuring 770 Sq. mtrs., located at N-7 Sector and on regularization to accept the consideration at the rates prevailing in 1981 for the plots reserved for educational facilities. It was held that CIDCO's stand that the said plot is a green belt cannot be accepted.

4. Stand of the writ petitioner was that though in records the plot in question was stated to be reserved for green belt, in reality only a few trees existed. It was, therefore, stated that the High Court should direct allotment of the plot to the writ petitioner. The High Court appointed a Court Commissioner to visit the land and submit a report. According to the report, the area fenced by the writ petitioner measured 770 Sq. Mtrs. The High Court felt that it was not sufficient to treat it as a green belt. In the two rooms constructed, students were being taught in shift basis and the atmosphere was very clumsy and unhygienic. The sections were being run at three different places. One section of the school was running in House No.68, Sector G-7 in N-7 and the third section was being run in the nearby hall called "Comrade Deshpande Social Facility Hall". The High Court felt that after insertion of Article 21A of the Constitution of India, 1950 (in short the 'Constitution'), primary education to the children is a matter of fundamental right. Since the writ petitioner was running a school, it is necessary that CIDCO should regularize the entrusted plot. Writ petitioner stated that it needed to construct about 8 to 12 class rooms, a toilet block separately for the male and female children, Office for the Head Mistress, staff room, a laboratory and Library and it proposes to build up a multi-storeyed structure so that the major portion of the land would remain open for plantation of trees on the boundary and for being used as playground. Therefore, the direction as noted above was given.

8. Looked at from any angle, the High Court's order is unsustainable and is set aside.

9. The appeal is allowed, but without any order as to costs.
Maksud Saiyed vs State Of Gujarat & Ors

Appellant is a Director of Nagami Nicotine Pvt. Ltd. (hereinafter referred to as "the Company"). He had transactions with the said Company. He had taken loan from Dena Bank. As loans were not paid, admittedly, an original application was filed against him before the Debts Recovery Tribunal, Ahmedabad for recovery of a sum of Rs. 120.13 lakhs from the Company.

7. It is not in dispute that in the year 2003, the matter was pending before the City Civil Court, Ahmedabad. Other relevant facts stated in the said prospectus were not incorrect. The stand taken by the respondents therein as contained in Column under the Head "Nature of claim made against the Bank" is also not incorrect as the same was subject matter of a civil suit. Appellant in its notice addressed to Respondent No. 2 herein through his advocate dated 25.01.2005 stated:

The approach of the High Court, with respect, is entirely correct.

The learned Magistrate, in our opinion, shall have kept the said principle in mind.

16. For the reasons aforementioned, there is no merit in this appeal which is dismissed accordingly with costs. Counsel's fee assessed at Rs. 25,000/-.
Union Of India & Others vs S. Vinodh Kumar & Others

Reservation was provided for the candidates belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes. The number of vacancies was, however, enhanced to 792 posts. The appropriate authority, however, gave a final clearance for filling up 480 posts pursuant to the notification dated 09.06.1998. The category-wise vacancies were as under :

4. Indisputably, 426 posts were filled up which were earmarked for candidates belonging to General Category, Other Backward Classes, Scheduled Castes and Scheduled Tribes. 12 posts reserved for Scheduled Castes and 42 posts reserved for Scheduled Tribes, however, could not be filled up owing to non-availability of the qualified eligible candidates. Respondents herein had not been appointed although they had obtained the qualifying marks specified in terms of the notification dated 09.06.1998. 39 unsuccessful candidates filed an application before the Central Administrative Tribunal. The said application was disposed of directing the Railway Administration to consider the question in regard to lowering of cut-off marks.

5. The competent authority of the Railways, however, took a decision that it would not be conducive to general merit of the candidates if the cut- off marks were further lowered, whereafter another application was filed before the Tribunal. The said application was marked as OA No. 1750 of 2000. By an order dated 02.05.2001, the said application was dismissed by the Tribunal, inter alia, opining that the appellants could not be directed to lower down the cut-off marks. A writ petition filed thereagainst by the respondents herein, however, by reason of the impugned judgment has been allowed, directing the appellants to appoint them by lowering the cut-off marks against the posts reserved for candidates belonging to Scheduled Caste and Scheduled Tribe candidates, stating :

20. We are, however, not oblivious that there are certain exceptions to the aforementioned rules but we are not concerned therewith in the present case.

21. For the reasons aforementioned, the impugned judgment cannot be sustained, which is set aside accordingly. The appeal is allowed. However, in the facts and circumstances of the case, there shall be no order as to costs.
Dinesh Dalmia vs C.B.I

4. The Central Bureau of Investigation (CBI) lodged a first information report against the appellant and three companies registered and incorporated under the Companies Act, 1956 on a complaint made by the Securities and Exchange Board of India. Indisputably, Appellant was named therein. He was, however, evading arrest. He had gone to the United States. The learned Magistrate by an order dated 14.02.2005, on a prayer made in that behalf by the CBI, issued a non-bailable warrant of arrest against him. Upon completion of investigation, a charge sheet was submitted before the Magistrate in terms of Sub-section (2) of Section 173 of the Code. In the said charge sheet, name of the appellant appeared in Column No. 1 along with the said three companies. Name of one of the companies named in the first information report, viz., M/s. DSQ Software Ltd., has been shown in Column No. 2. In the said charge sheet, it was stated:

Hulda Properties & Trades Ltd (A-3) represented by Sh Ashok Kumar Sharma, Director & M/s Powerflow Holding & Trading Pvt Ltd (A-4) represented by Sh Ashok Kumar Sharma, Director.

The questioned documents have been sent to GEQD for expert opinion, it is still awaited. After being obtained, the same will be submitted with additional list of documents.

The list of witnesses and list of documents are enclosed herewith and additional list of documents & witnesses, if necessary, will be submitted in due course.

24. We, however, have no words to deprecate the stand of the CBI. It should have taken a clear and categorical stand in the matter.

We, however, are proceeding on the basis that irrespective of the stand taken by the CBI, law will prevail. We may notice the law operating in the field in this behalf.

30. The High Court, in our opinion, is correct in its finding that, in the fact situation obtaining, the appellant had no statutory right to be released on bail.

31. We do not, thus, find any infirmity in the judgment of the High Court. Accordingly, the appeal is dismissed.
State Of Karnataka vs Ameer Jan

2. Respondent herein was working as a Second Division Assistant in the Office of the Registrar of Firms and Cooperative Societies. D.V. Thrilochana (PW-3) approached him for grant of a certificate. He allegedly demanded a sum of Rs. 300/- from him. He was put to trial for alleged commission of an offence under Sections 7, 13(1)(d) read with 13(2) of the Act.

Prakash Singh Badal (supra), therefore, is not an authority for the proposition that even when an order of sanction is held to be wholly invalid inter alia on the premise that the order is a nullity having been suffering from the vice of total non-application of mind. We, therefore, are of the opinon that the said decision cannot be said to have any application in the instant case.

16. We are, therefore, of the opinion that the impugned judgment does not suffer from any legal infirmity although some observations made by the High Court, as noticed hereinbefore, do not lay down the correct legal position. The appeal is dismissed.
Mohan Mahto vs M/S. Central Coal Field Ltd. & Ors

3. Appellant filed an application for appointment on compassionate ground on 25.10.1997. The same was denied to him inter alia on the premise that he was a minor at the relevant time. He filed an application in prescribed form upon attaining majority on 26.09.1999 which was rejected by an order dated 3.08.2000 stating:

6. A writ petition was filed by the appellant before the High Court of Jharkhand, Ranchi which was marked as WPS No. 471 of 2003 questioning the order declining him the grant of appointment on compassionate ground by the respondent. Before the High Court, the respondent took a stand that as the elder brother of the appellant has already been in employment, he was not entitled thereto. The said contention has since been given up. A learned Single Judge of the High Court took notice of the aforementioned circulars vis-`-vis the relevant provisions of N.C.W.A. V holding:

What should be a reasonable period would depend upon the rules operating in the field.

20. For the reasons aforementioned, the impugned judgment cannot be sustained which is set aside accordingly. The appeal is allowed. Respondent is hereby directed to offer appointment to the appellant on a suitable post within eight weeks from date. As the appellant is not in employment for a long time, he is entitled to costs throughout. Counsel's fee assessed at Rs. 25,000/-.