L-NLProc/TathyaNyaya-and-FactLegalLlama-NyayaScrape-Datasets huggingface dataset:
Dhananjay @ Dhananjay Kumar Singh vs State Of Bihar & Anr

The basic fact of the matter is not in dispute. A written report was lodged on 6.9.2000 by the 2nd respondent herein alleging that on 31.8.2000 at about 5.00 p.m. some unknown persons had come to his room No.207 at Jagat Trade Centre at Fraser Road, Patna and informed him that as a sum of Rs.1500/- was due to him, he should make the payment thereof. Allegedly, on his reply that he would make the payment only of the amount due from him as per settled accounts; abusive language was used and he was slapped by one Gautam Dubey. A sum of Rs.1580/- was said to have been taken away from his upper pocket. A First Information Report was lodged on the basis of the said report after six days from the alleged date of commission of the offence. The parties, however, arrived at an amicable settlement of their dispute. A charge-sheet was filed on completion of investigation on 2.2.2001 against the appellant herein purported to be for an offence under Sections 323, 384, 504 read with Section 34 of the Indian Penal Code. An application for discharge was filed by the appellant under Section 239 of the Code of Criminal Procedure, 1973, inter alia, on the premise that the disputes between the parties had been settled. The said application was rejected by the learned Judicial Magistrate on the ground that Section 384 of the Indian Penal Code being non-compoundable, the said application was not sustainable. An application filed by the appellant before the High Court under Section 482 of the Code of Criminal Procedure was dismissed by reason of the impugned judgment, relying on or on the basis of a decision of this Court in Bankat & Anr. vs. State of Maharashtra [(2005) 1 SCC 343].

For the reasons aforementioned, while quashing the charge framed under Section 384 of the Indian Penal Code, we direct the learned Magistrate to proceed to consider the question in regard to the maintainability of the compromise petition between the parties in accordance with law.

The appeal is allowed. No costs.
Pabbathi Venkataramaiah Chetty vs Pabbathi N. Rathnamaiah Chetty And Ors

4. This appeal arises from an interim order of the order of the High Court. The Appellant herein has filed an appeal against the final decree in a suit for partition. In the said appeal, he sought stay of execution of the final decree, which required division of a commercial building which is in the occupation of the Appellant who is running a lodge therein. The High Court, considered the application for stay filed by the Appellant and made an order dated 1.9.2006 directing that the appeal itself should be listed for final hearing after Dassara Vacation and till then, the building shall not be demolished.

6. Having regard to the facts and circumstances, interests of justice would be served if the Appellant is directed to pay to the first Respondent Rs. 25,000/- (Rupees twenty five thousand) per month unconditionally during the pendency of the Appeal.

7. We, accordingly dispose of this appeal as follows:
M/S. Gomzi Active ...Appellant vs M/S. Reebok India Co. & Anr. ...

Background facts in a nutshell are as follows:

It is stated that issues have already been framed and the High Court had directed disposal of the suit within a period of six months from the date of order. That being so, the proper course would be to direct the concerned Court to dispose of the matter as early as practicable, preferably within four months, as issues are stated to have been already framed. The defendant shall maintain separate accounts in respect of the impugned transactions. Leaving open all questions for adjudication, we direct the matter shall be heard expeditiously by the trial court and disposed of preferably by the end of April, 2007. Appeal is disposed of. It is made clear that whatever view has been taken by the trial court or the High Court would be a tentative view, and not the final view.

The appeal is disposed of accordingly but without any order as to costs.
Ram Abhilakh ..Appellant vs State Of U.P. & Ors. ..Respondents

Detailed reference to the factual aspect is unnecessary in view of the limited nature of the controversy.

Marriage between the appellant and respondent No. 2 was solemnized in June 1980. Differences cropped up between the parties and various cases were instituted. Grievance was made by the respondent No. 2 that appellant had married for a second time though his marriage with respondent No.2 was subsisting and thereby he committed offence punishable under Section 494 of the Indian Penal Code, 1860 (in short the 'IPC'). Learned First Additional Chief Judicial Magistrate, Raebareli held that the appellant was guilty. An appeal was preferred before the District and Sessions Judge Raebareli. By order dated 29.9.1999 the appeal was dismissed and the judgment of the trial court was affirmed. A Revision Petition under Section 397 of the Code of Criminal Procedure, 1973 (in short the 'Code') was filed before the Allahabad High Court, Lucknow Bench. By the impugned judgment learned Single Judge of the High Court dismissed the Criminal Revision holding that concurrent findings had been recorded by the courts below and therefore no interference was called for. The application was disposed of in the absence of appellant's counsel. An application to recall the order was filed on the ground that the matter could not have been decided ex parte. The review application was also dismissed on the ground that there was belated approach for recalling the order.

Appeal is allowed to the aforesaid extent.
M/S Puravankara Projects Ltd. ... vs M/S Hotel Venus International And Ors. ...

The background facts in a nutshell are as follows:

On 28.2.2005 the General Council of GIDA accepted bids of Venus for plot Nos. D3, D4 and D5 and confirmation letters of the said acceptance were issued on 1.4.2005 from Cochin addressed to the addressees in terms of Clause 19 of the tender. The addressees were in Trivandrum (Thiruvananthapuram).

The Notification of exemption of land in terms of Section 81(3)(b) of the Act was issued and published in the official gazette on 20.5.2005. The learned Single Judge allowed the writ petition filed by Venus essentially holding that the exemption Notification should have preceded the tender and Venus could not have been expected to comply with tender conditions without an exemption Notification. The Writ Petitions filed by the appellants were dismissed. The writ appeals preferred in respect of the writ petitions were dismissed affirming the judgment of the learned Single Judge though on different grounds.

administrative sphere. However the decision must not only be tested by the application of Wednesbury principle of reasonableness (including its other facts pointed out above) but must be free from arbitrariness not affected by bias or actuated by mala fides.

In view of what we have stated above, it is not necessary to deal with the grievance raised by the State Government in its belated Special Leave Petition.

Judged at from any angle the order of the learned Single Judge as affirmed by the Division Bench cannot be maintained and is set aside.

The appellants had stated their willingness to match the amount offered by Venus and also to pay interest in terms of the contract. It has been stated that the whole amount shall be paid and they shall not give any bank guarantee. Let the amounts offered by Venus be paid by the appellants within a period of one month from today with interest @12% p.a. from the date of allotment. The amount, if any deposited by Venus will be refunded with interest @ 9% from the date of deposit within a period of six weeks.

The appeals are allowed but without any order as to costs.
M/S Virtual Soft Systems Ltd vs Commissioner Of Income Tax, Delhi-I

(viii) Making a deduction on account of depreciation as in sub-Paragraph (vii) above, the Appellant was assessed at a loss of Rs. 11,02,255.00 (Rs. 69,15,757.00) Rs. 80,18,012.00 = - Rs. 11,02,255.00) In this manner, the carry-forward loss of Rs. 15,53,487.72 originally claimed by the appellant was reduced to Rs. 11,02,225.00.

and that:

Obviously, therefore, the law must fail in those cases where there is no total income at all, and the courts cannot be invited to supply the omission by the Legislature.

Commissioner of Income-tax, (1959) 36 ITR 65] we cannot improve the existing law by deeming it to be so by our interpretation."
H.M.T. Ltd. Rep. By Its Deputy General ... vs Mudappa & Ors

When the matter came up before this Court, notice was issued on March 15, 1999. It appears that there was some talk of settlement. Record reflects that the matter was adjourned from time to time to explore possibility of settlement, if any, but settlement could not be arrived at and on December 1, 2000, leave was granted.

The order passed by the learned Single Judge could not have been upheld by the Division Bench. Unfortunately however, the Division Bench confirmed the order of the Single Judge without considering all aspects of the matter. The said order also, therefore, deserves to be set aside.

For the foregoing reasons, the appeals deserve to be allowed and are, accordingly, allowed. The order passed by the learned Single Judge and confirmed by the Division Bench is set aside. The authorities are at liberty to take appropriate proceedings in accordance with law on the basis of notification under sub-section (1) of Section 28 of the Act. It goes without saying that all proceedings will have to be undertaken in accordance with Section 28 of the Act and it is open to the owners to raise all contentions that under the notification of 1978, the acquisition was to the extent of 1 acre, 38 gunthas of land but the appellants took over possession of additional 39 gunthas of land; that in spite of request and prayer, possession of 39 gunthas of land was never restored to them; that they were required to file suit for possession; that a decree was passed in their favour which was confirmed by the appellate court which had become final; that even thereafter, execution proceedings were taken out wherein direction was issued to the appellants to hand over possession of the land to them, and at that stage, the notification under Section 28(1) was issued. As and when such objections will be taken, an appropriate order would be passed by the authorities in accordance with law. All contentions of the parties are kept open. We may clarify that we may not be understood to have expressed any opinion one way or the other and all parties are at liberty to put forward their pleas before the authorities.

The appeals are disposed of accordingly. There shall be no order as to costs.
Kamla Prasad & Ors vs Sri Krishna Kant Pathak & Ors

One Kishna Kant Pathak-respondent No.1 herein, filed a suit against the appellant and respondent Nos. 2 to 12 in the Court of Civil Judge, Jaunpur being Suit No. 110 of 1984. It was averred in the suit that an agreement to sell dated June 18, 1981 entered into between the plaintiff and defendant Nos. 1 to 6, sale deed dated November 7, 1981 executed in their favour and another sale deed, dated December 16, 1981 executed by the plaintiff in favour of defendant Nos. 2 & 3 were illegal, without authority of law and null and void. A prayer was, therefore, made to cancel those documents. It was stated by the plaintiff in the plaint that he and defendant Nos.10 to 12 were co-bhoomidars of the disputed land and as such defendant Nos.10 to 12 had also right in the disputed property. The names of defendant Nos.10 to 12, however, were not entered in the Revenue Record and only the name of plaintiff was recorded. But in view of shares of defendant Nos.10 to 12, plaintiff alone had no right, title or interest to sell the property. It was also alleged in the plaint by the plaintiff that he had developed bad habits and defendant Nos.1 to 9 took undue advantage of the said situation. The plaintiff was under intoxication and the documents got executed by contesting defendants. The plaintiff did not remember the execution of the sale deed and its presentation before the Sub-Registrar, Kerakat. He did not execute the sale deeds with his freewill and on his own accord. Nothing was paid to him. He was given tablets by defendant Nos. 1 to 9 and he became unconscious. At the time of execution of sale deed, the plaintiff was unconscious and was unable to understand judgment of his act. Defendant Nos. 1 to 9 became vendees on the basis of sale deeds but they were liable to be cancelled in view of the circumstances under which the documents were executed by the plaintiff.

The contesting defendants raised several contentions including the contention as to the jurisdiction of Civil Court to entertain, deal with and decide the suit. It was contended that in respect of cancellation of deeds as regards agricultural land, the suit was not entertainable by a Civil Court as only Court which had jurisdiction was Revenue Court under the provisions of the U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as "the Act"). It was prayed by the defendants to treat the issue as to jurisdiction of the Court as preliminary issue and decide it.

For the foregoing reasons, the appeal deserves to be allowed and is accordingly allowed. The order passed by the High Court is set aside and that of the Courts below is restored. In the facts and circumstances of the case, however, there shall be no order as to costs.
Punjab State Electricity Board And Anr vs Sudesh Kumar Puri

J U D G M E N T (Arising out of S.L.P. (C) No. 16855 of 2005) [With C.A. No 649 of 2007 (Arising out of S.L.P. (C) No.16931 of 2005, C.A. No 650 of 2007 (Arising out of S.L.P. (C) No.17018 of 2005, C.A. No 651 of 2007 (Arising out of S.L.P. (C) No.18746 of 2005] Dr. ARIJIT PASAYAT, J.

Challenge in these appeals is to the consolidated orders passed by the Division Bench of the Punjab and Haryana High Court dismissing the four writ petitions filed by the appellant No.1-Punjab State Electricity Board (in short the 'Board'). The respondent in each case was engaged as Meter Reader on contract basis by the appellant-Board. After disengagement he made a claim stating that he had worked for a considerably long continuous period, his services have been terminated by the Board without following any procedure and without payment of retrenchment compensation. Claim for reinstatement with back wages was made. On failure of the conciliation proceedings, matter was referred by the concerned State Government to the Presiding Officer, Labour Court, Ludhiana (hereinafter referred to as the 'Labour Court') under Section 10 of the Industrial Disputes Act, 1947 (in short the 'Act'). Stand of the appellant before the Labour Court was that the applicant was engaged as private Meter Reader on contract basis which was renewed on two occasions and at the expiry of the contract period, the services have been dispensed with. It was specifically averred that the applicant concerned had never been employed by the Board and was not a workman under the provisions of the Act. During the concerned period a sum of Re.1/- for reading was paid as per the contract. There was neither any monthly salary nor the claimant could be treated as a person appointed by the Board.

Above being the position, the orders passed by the Labour Court and the High Court are clearly untenable and are quashed. In two cases the concerned respondents have been engaged again on contractual basis. It shall not be construed that we have expressed any opinion on such subsequent contractual engagement.

Appeals are allowed without any order as to costs.
Nahar Enterprises vs Hyderabad Allwyn Ltd. And Anr

4. The respondent herein filed a suit for recovery of a sum of Rs. 1,87,904.62 with future interest at the rate of 18.5% per annum against the appellant. It appears that in the summons sent to the appellant. 10.10.1988 was fixed for his appearance. However, as the summons had not been served the Court adjourned the matter to 2.12.1988. Summons were served on the appellant on 14.10.1988. but according to him a copy of the plaint was not annexed thereto. He sent a telegram on 17.10.1988 and also a letter to the Court concerned but, admittedly, the same was not responded to. Without issuing any further summons fixing another date for his appearance, the Court fixed a date and having found the appellant absent on that date, fixed another date for ex-parte hearing. On 13.12.1988 the suit was decreed with costs.

5. An execution case was filed by the respondent herein to execute the said decree. According to the appellant, the bailiff came to serve a copy of summons on him on 2.12.1991. The said summons having been served upon the appellant, he came to learn that ex-parte decree has been passed. An application for setting aside the said ex-parte decree filed on 13.12.1991. By an order dated 17.1.1992 the learned Judge. City Civil Court, Hyderabad dismissed the said application inter alia opining:

12. We, therefore, are of the opinion that the impugned judgments cannot be sustained and they are accordingly set aside. The ex-parte decree dated 13.12.1988 is also set aside.

14. We, therefore, direct that the appellant shall deposit a sum of Rs. 15,000/- before the learned court below, within a period of six weeks from today. The appeal is allowed. In the facts and circumstances of this case, there shall be no order as to costs.
Sharadamma vs Special Land Acquisition Officer & Anr

To appreciate the grievance of the appellant, it is necessary to state few facts.

The appellant Smt. Sharadamma, widow of B.M. Venkataswamappa is the owner of land bearing Survey Nos. 112 and 113 situate at village Byappanahalli. Survey No. 112 admesures 2 acres while Survey No. 113 admeasures 1 acre and 1 gunta. The land was sought to be acquired for expansion of New Government Electric Factory ('NGEF' for short), Bangalore. A preliminary notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') was issued on March 26, 1965. The claimant demanded an amount of Rs.20.00 per square yard for the land. The Land Acquisition Officer, by an award dated October 25, 1965 awarded compensation of Rs.8,000 per acre. It is not in dispute that possession of land was taken over on November 16, 1965. Since the claimant was not satisfied with the amount offered by the Land Acquisition Officer vide his award referred to above, she sought Reference under Section 18 of the Act and the Principal Civil Judge, Bangalore District vide his order dated May 31, 1972 enhanced the compensation and awarded Rs.20.00 per square yard less Rs.3,000 per acre in view of the fact that though the land was having potentiality to conversion for non agricultural use, no such order of conversion had been passed and it had come in evidence that conversion charge was Rs.3,000 per acre. Thus the claimant's contention was upheld and the compensation was awarded. The authorities, however, were aggrieved by the enhancement and approached the High Court by filing appeals. The High Court noted that the Reference Court relied upon earlier award but it was challenged and the case was before this Court (Supreme Court). The matter was thus in a 'fluid situation'. The High Court, therefore, thought it proper to set aside the order passed by the Reference Court and to remand the matter for fresh adjudication in accordance with law. It accordingly set aside the order passed by the Reference Court granting liberty to the parties to adduce further evidence and directed the Reference Court to decide it afresh in accordance with law. After the remand, the Reference Court once again considered the matter on merits. By that time, the matter had already been decided by this Court in Special Land Acquisition Officer, Bangalore v. B.M. Krishnamurthy, (1985) 1 SCC

In view of the location of land being situated on National Highway of Bangalore-Madras, near Railway line and situated in Industrial Area, in our opinion, the claimant is entitled to compensation at the rate of Rs.20 per square yard as claimed by her. Of course, it is admitted that the land was not converted to non- agricultural use for which the owner was required to pay an amount of Rs.3,000 per acre and to that extent the amount deserves to be reduced. Accordingly, both the appeals are allowed and the claimant is held entitled to compensation at the rate of Rs.20 per square yard less Rs.3,000 per acre. The appeals are accordingly allowed with costs to the said extent.
Dattatray Krishnaji Ghule vs State Of Maharashtra & Anr

4. The case of the prosecution against the appellants, in brief, is as under:

5. On 16th May, 2005 appellant P.S.I Hitendra Manohar Vichare (hereinafter referred to as Vichare) arrested one Sandeep Kandar and fake stamps worth Rs.51,000/- were seized. On the same day C.R. No. 131 of 2001 was registered. Vichare investigated the case from 16th May, 2001 to 22nd May, 2001. Appellant P.I. Dattatray Krishnaji Ghule (hereinafter referred to as Ghule) took over investigations in the said case on 22nd May, 2001. On 23rd May, 2001 one Maruti Car was intercepted and a huge quantity of fake stamps was seized from the occupants of the car. Ghule was in- charge of the investigations from 22nd May, 2001 to 26th December, 2001. As a result of investigations, three charge-sheets were filed against several persons, including one Shabbir Sheikh and Abdul Karim Ladsab Telgi, head of an organised crime syndicate, engaged in unlawful activities relating to printing of counterfeit stamps and other documents and sale thereof. However, subsequently, under the orders of this Court, investigations in the case were transferred to the C.B.I. and the provisions of MCOCA were invoked. As a result of fresh investigations by the C.B.I. cases were registered against the appellants under the aforementioned provisions and they were arrested on 8th October, 2004.

12. Thus, in the light of what has been said above, what needs to be considered is whether there is a reasonable ground to believe that the appellants are not guilty of the two offences, they have been charged with and further that they are not likely to commit an offence under MCOCA while on bail.

14. Consequently, the appeals are allowed and the order passed by the High Court is set aside. It is directed that the appellants shall be enlarged on bail on their furnishing personal bonds in the sum of Rs.50,000/- each with two sureties, each in the like amount to the satisfaction of the Special Court, Pune. They shall also remain bound by all the conditions as stipulated in Section 438(2) of the Code of Criminal Procedure. They shall also surrender their passports, if any, before the Special Court, Pune. Needless to add that the afore-noted observations on the merits of the allegations against the appellants are tentative, purely for the purpose of these appeals and shall not be construed as expression of a final opinion on any of the issues of fact or law, which may arise for consideration during the course of trial.