L-NLProc/TathyaNyaya-and-FactLegalLlama-NyayaScrape-Datasets huggingface dataset:
State Of Punjab vs Saurabh Bakshi

2. The facts which are necessitous to be stated are that on 14.6.2007 Jagdish Ram and his nephew, Shavinder Kumar @ Tinku, sister's son, had proceeded from Sangrur to Patiala in their Maruti car bearing registration PB-11-M-8050. The said vehicle was also followed by Ramesh Chand in another Maruti car bearing registration no. PB-09-C-6292. Be it noted that all of them had gone to house of one Des Raj at Sangrur in connection with matrimonial alliance of Shavinder Kumar alias Tinku. The vehicle that was driven by Tinku was ahead of Ramesh's at a distance of 25/30 kadams. After they reached some distance ahead of the bus stand village Mehmadpur about 2.00 p.m. an Indica car bearing registration no. HR-02-6800 came from the opposite side at a very high speed and the driver of the said car hit straightaway the car of Jagdish and dragged it to a considerable distance as a result of which it fell in the ditches. Ramesh Chand, who was following in his car, witnessed that his brother-in-law and nephew had sustained number of injuries and their condition was critical. A police ambulance came to the spot and the injured persons were taken to Rajindra Hospital, Patiala where Jagdish and Shavinder Kumar succumbed to injuries. In view of the said incident as FIR was lodged by Ramesh Chand, brother-in- law of Jagdish and accordingly a crime under Section 279/304A was registered against the respondent for rash and negligent driving. The learned trial Magistrate, Patiala framed charges for the offences punishable under Section 279/304A IPC to which the respondent pleaded not guilty and claimed to be tried. The prosecution in order to prove its case examined six witnesses. The learned Addl. Chief Judicial Magistrate, Patiala vide judgment and order dated 23.4.2012 convicted the respondent for the offences punishable under Section 304A IPC and sentenced him to undergo rigorous imprisonment for a period of one year and pay a fine of Rs.2000/- with a default clause. On an appeal being preferred, the learned Addl. Sessions Judge, Patiala dismissed the appeal by judgment and order dated 6.9.2013.

3. As the factual matrix would unveil the respondent being grieved by the aforesaid conviction and the sentence preferred Criminal Revision No. 2955 of 2013 and the High Court while disposing off the Criminal Revision addressed to the quantum of sentence and in that context observed that:-

19. Resultantly, the appeal is allowed to the extent indicated above and the respondent be taken into custody forthwith to suffer the remaining period of sentence.
Bhupal Singh & Ors vs State Of Haryana

4. In order to appreciate the controversy involved in these appeals, it is necessary to state the relevant facts infra.

8. Feeling aggrieved by the said awards, the appellants sought reference to the Civil Court under Section 18 of the Act for re-determination of the compensation made by the LAO. The reference Court, on the basis of the evidence adduced, partly answered the reference in favour of the appellants and accordingly enhanced the rate of compensation from Rs.16.52 per square yard to Rs.22/- per square yard. In other words, the Reference Court held that the appellants were entitled to get compensation for their lands at the rate of Rs.22/- per square yard being the fair market value of their lands on the date of notification issued under Section 4 of the Act.

9. Dissatisfied with the determination made by the reference Court, the appellants filed appeals under Section 54 of the Act before the High Court and challenged the legality and correctness of the award of the Reference Court out of which these appeals arise.

10. The Division Bench of the High Court, by impugned judgment/orders, partly allowed the appeals filed by the appellants and accordingly enhanced the compensation payable to the appellants. The High Court held that the fair market value/rate of the acquired lands on the date of acquisition for the appellants' land was Rs.50/- per square yard and hence the appellants were entitled to get the compensation for their acquired lands at the rate of Rs.50/- per square yard along with other statutory benefits payable under the Act. It is against these judgment/orders, the claimants/landowners have filed these appeals by way of special leave before this Court.

27. In view of foregoing discussion, the appeals filed by the appellants- landowners deserve to be allowed and are accordingly allowed in part. The impugned judgment and orders are accordingly modified to the extent indicated above.

28. The concerned LAO is directed to calculate the compensation payable to the appellants (land owners) for their acquired lands pursuant to notification issued under Section 4 of the Act on 04.11.1977 "at the rate of Rs.63/- per sq. yard" and accordingly calculate all statutory compensation such as solatium, interest etc. payable under the Act to every land owner.

29. Let this calculation be made, as directed above, by the LAO and the amount so calculated and worked out be paid to the appellants (land owners) after making proper verification of their claim cases within three months from the date of receipt of this judgment. No costs.

April 01, 2015.
Shamima Farooqui vs Shahid Khan

3. The facts which are requisite to be stated for adjudication of these appeals are that the appellant filed an application under Section 125 of the Code of Criminal Procedure (CrPC) contending, inter alia, that she married Shahid Khan, the respondent herein, on 26.4.1992 and during her stay at the matrimonial home she was prohibited from talking to others, and the husband not only demanded a car from the family but also started harassing her. A time came when he sent her to the parental home where she was compelled to stay for almost three months. The indifferent husband did not come to take her back to the matrimonial home, but she returned with the fond and firm hope that the bond of wedlock would be sustained and cemented with love and peace but as the misfortune would have it, the demand for the vehicle continued and the harassment was used as a weapon for fulfilment of the demand. In due course she came to learn that the husband had illicit relationship with another woman and he wanted to marry her. Usual to sense of human curiosity and wife's right when she asked him she was assaulted. The situation gradually worsened and it became unbearable for her to stay at the matrimonial home. At that juncture, she sought help of her parents who came and took her to the parental home at Lucknow where she availed treatment. Being deserted and ill-treated and, in a way, suffering from fear psychosis she took shelter in the house of her parents and when all her hopes got shattered for reunion, she filed an application for grant of maintenance at the rate of Rs.4000/- per month on the foundation that husband was working on the post of Nayak in the Army and getting a salary of Rs.10,000/- approximately apart from other perks.

4. The application for grant of maintenance was resisted with immense vigour by the husband disputing all the averments pertaining to demand of dowry and harassment and further alleging that he had already given divorce to her on 18.6.1997 and has also paid the Mehar to her.

21. The aforesaid aspects have gone uncontroverted as the respondent- husband has not appeared and contested the matter. Therefore, we are disposed to accept the assertions. This exposition of facts further impels us to set aside the order of the High Court.

22. Consequently, the appeals are allowed, the orders passed by the High Court are set aside and that of the Family Court is restored. There shall be no order as to costs.
Secy., Minor Irrigation Deptt.& R.E.S vs Narendra Kumar Tripathi

3. The writ petitioner was first appointed as Work Engineer (Work Charge) on a fixed pay of Rs.650/- on 18th January, 1983. Later, vide Office Memo dated 12th June, 1985 issued by the Secretary, Government of Uttar Pradesh, Rural Development Section on the basis of recommendations of the Selection Committee, he was appointed on temporary post of Assistant Engineer in regular scale on ad hoc basis. The letter of appointment, inter alia, provided that the appointment was purely on ad hoc basis and his services could be terminated by notice or on availability of candidates duly selected through Public Service Commission and the appointee had no claim for regular appointment. The said appointment, however, continued and was followed by "Notification/Regularization" dated 14th December, 1989 as per the 1979 Rules as amended by 1989 Rules.

4. The 1979 Rules provided for regularization of ad hoc appointment of persons possessing requisite qualifications for regular appointment on completion of three years continuous service. Rule 7 provides for seniority from the date of order of appointment after selection. The said Rules though initially applicable to appointments made prior to January 01, 1977 were extended from time to time and on 7th August, 1989, the said rules were extended to persons directly appointed on ad hoc basis on or before 1st October, 1986 and who continued in service.

5. Rules 4 and 7 are as under :

(2) If two or more persons are appointed together, their seniority inter se shall be determined in the order mentioned in the order of appointment."

17. The above principles are undisputed. Question of their application has arisen from time to time in different fact situations. Question to be decided in each case was whether the ad hoc appointment was stop gap and fortuitous as against being to an existing vacancy which continued and initial appointment was made after due selection without violating the rules, if any.

19. Accordingly, we are unable to approve the view taken by the larger Bench to the extent it proceeds on the assumption that past service of the writ petitioner was by way of stop gap arrangement or contrary to the rules.

20. We, therefore, direct the State to redetermine the seniority after hearing the affected parties within six months. It is made clear that benefit of redetermination of seniority at this stage will not disturb holding of posts by any incumbent and except for benefit in pension other benefits to which the writ petitioner may be found entitled will be given only on notional basis.

21. The appeal of the writ petitioner is accordingly allowed to the above extent and appeal of the State is accordingly dismissed.
Commr.Of Central Excise,Goa vs M/S Cosme Farma Laboratories Ltd

2. The respondent is a manufacturer of medicaments having license under the provisions of the Drugs and Cosmetics Act, 1940. The respondent not only manufactures certain medicaments but also gets certain medicaments manufactured through other job workers so the respondent is a loan licensee

4. After hearing the concerned parties, the Commissioner came to the conclusion that the respondent was a manufacturer of the medicaments manufactured at the premises of its job workers within the meaning of the provisions of the Central Excise and Salt Act, 1944 and the Rules made thereunder.

5. Being aggrieved by the aforesaid decision of the Commissioner dated 6th August, 2004, the respondent filed the appeals before the CESTAT, Mumbai. The Division Bench of the CESTAT heard the appeals but both the Members of the Bench recorded separate judgments. The Member (Technical) allowed the appeals and set aside the order dated 6th August, 2004 passed by the Commissioner, whereas the Member (Judicial) upheld the said order passed by the Commissioner and held that the appeals were liable to be dismissed. In the aforesaid circumstances, as the said Members had given different opinions, the appeals were referred to a third Member for his decision. The third Member (Technical), ultimately, after hearing the concerned parties agreed with the views expressed by the Member (Technical) and the Tribunal finally allowed the appeals filed by the respondent.

- the loan licensee, was not the manufacturer, we see no reason to interfere with the said findings of fact, especially when the same is correct and not perverse. We are, therefore, in agreement with the findings arrived at by the Tribunal that the job workers are the manufacturers.

24. For the aforesaid reasons, we do not agree with the submissions made on behalf of the learned counsel appearing for the Revenue. We dismiss all the appeals along with the main appeal, with no order as to costs.

April 7, 2015.
Ambica Prasad vs Md. Alam And Anr

3. The litigation between the parties commenced when the appellant filed an eviction suit against Abdul Karim, the father of the respondents. The case of the appellant was that he had became the owner of the suit property by virtue of two exchange deeds executed on 23.04.1975 with his brother PW3 Ranjeet Prasad, the original owner. In 1968, before the execution of the said exchange deed, PW3 Ranjeet Prasad was said to have let one of the rooms in the building in the suit property to Rahim Baksh, the father of Abdul Karim and the grandfather of the respondents. However, even after the execution of the exchange deed, PW3 Ranjeet Prasad was stated to have continued collecting rent from the tenants of the suit property including Rahim Baksh and on Rahim's death, his son Abdul Karim till February, 2007 with the consent of the appellant. In 2007, the appellant was stated to have taken over the affairs of the suit property, mutated his name as the owner and requested Abdul Karim to execute a fresh agreement with him. The appellant contended that Abdul Karim had not only failed to execute a fresh agreement but also failed to pay the rent except for the electricity bills. The appellant also cited bonafide need of the suit property for the purpose of opening a medical clinic being a retired surgeon. The appellant hence prayed for the eviction of Abdul Karim.

6. Aggrieved by the decision of the trial court, the appellant preferred an appeal before the District Court. The appellate court noted that the ownership of the suit property has been proved in the light of the exchange deed, which remained unchallenged by the defendant and supported by PW3 Ranjeet Prasad. The appellate court further noted that the plaintiff served notice requesting Abdul Karim to attorn the appellant as the landlord and pay the rent to him. The appellate court, therefore, held that the appellant is the landlord of the suit property considering the deposition of Abdul Karim that the appellant had refused to accept the rent from him, the deposition of PW3 Ranjeet Prasad that he had directed all the tenants to pay the rent to the appellant from March, 2007 onwards and the admission of the respondent no. 1 (DW2) son of Abdul Karim, that he was paying the electricity charges to the appellant. Abdul Karim was held to have defaulted in the payment of rent from March, 2007 onwards as he was depositing rent in the court in the name of PW3 Ranjeet Prasad and not the appellant despite knowing that the appellant was the landlord. The appellant also proved the need for bonafide use as he and his wife were medical practitioners wanting to open a clinic in the rented premises and as the defendant Abdul Karim owns another premises and would not hence be facing difficulty. Allowing the appeal, the appellate court directed the defendant Abdul Karim to vacate the suit property.

20. For the aforesaid reasons, this appeal is allowed and the impugned judgment and order passed by the High Court is set aside. However, there shall be no order as to costs.
Voltas Ltd vs State Of Gujarat

The oft encountered debate on the extent of tax liability based on the classification of the determinants of a levy in law seeks judicial scrutiny in the attendant factual conspectus. The appellant being aggrieved by the determination made by the High Court of Gujarat on the issue common to a reference under Section 69 of the Sales Tax Act, 1969 (for short hereinafter referred as to as the "Act") being Sales Tax Reference No.1/2004 and its appeal, i.e. Special Civil Application No. 12508/2002, against it, seeks redress against the judgment and order dated 4.09.2006 to that effect.

The indispensable skeletal facts introduce the appellant, M/s. Voltas Ltd. as a company incorporated under the Companies Act, 1956 engaged amongst others in the business of execution of jobs design, supply and installation of air-conditioning plants construed to be indivisible works contracts. It is a registered dealer under the Act. By a communication dated 22.10.1993 of M/s. Anupam Colours and Chemicals Industries, Bombay, an order was placed with it for water chilling plant at its factory at Vapi. The basic design parameters were enumerated in the work order as hereunder:

6. The recorded facts demonstrate that the appellant being under the impression qua the works contract ordered vide letter dated 22.10.1983 of M/s. Anupam Colour and Chemicals that it would attract the rate of composition prescribed against Entry No.5 hereinabove i.e. fabrication and installation of plant and machinery and not 15% against Entry No.2 i.e. installation of air-conditioners and AC coolers or 12% against Entry No.8 i.e. works contracts other than those mentioned, filed an application before the Deputy Commissioner of Sales Tax (Legal), Gujarat under Section 62 of the Act and insisted that the works contract involved came within the purview of Entry No.5 attracting the composition rate of tax at 5% only. The said revenue authority by its order dated 16.10.1996 however rejected the plea of the appellant and instead held that the works contract was covered by Entry No.2 as the assessee had to air-condition the plant to be erected by it. The margin of difference in the composition rates compared to the rates of tax for the identical works contract as catalogued in the Schedule to the Act did also weigh with the revenue authority in arriving at this conclusion.

27. The Civil Appeal is allowed.

.........................CJ.
Rajan vs Joseph & Ors

3. Brief facts which led to the filing of this appeal are as under:- The appellant herein is the husband of the deceased-Ammini, who was working as a maid for more than five years in the house of the respondents No.1 & 2. Ammini died on 15.4.2005 due to electric shock allegedly sustained by her while working on washing machine in the house of the respondents No. 1 & 2. Initially, the case was registered by the Mathilakam Police as "unnatural death" u/s 174 Cr.P.C, but after investigation 'refer report' was filed, stating that it was "accidental death". The appellant filed a private complaint before the JMFC and the Magistrate took cognizance of the case u/s 304A IPC and issued summons to the respondents. The respondents approached the High Court, praying for quashing the case pending before JMFC. High Court allowed the application thereby quashing the proceedings initiated against respondents under Section 304A IPC. In this appeal, appellant assails the correctness of the said order.

8. As decided by the State Government, the third respondent-State of Kerala shall pay an amount of Rs.1,00,000/- from Chief Minister's Distress Relief Fund to the appellant. Additionally, the respondents No. 1 & 2 shall pay a compensation of Rs.1,00,000/- to the appellant within a period of four weeks from today. With the above direction, this appeal is disposed of.
Ganga Dhar Kalita vs State Of Assam & Ors

Brief facts of the case are that a First Information Report dated 25.1.2009 was got lodged by respondent No. 3 Rabindra Nath Kalita at Police Station, Panbazar, District Kamrup, Assam. It is alleged in said report that Kaustav K. Kalita is minor son of respondent No. 3. He (Kaustav K. Kalita), respondent No. 4 Rishi Raj Borgohain, and respondent No. 5 Yuva Raj Borgohain are pattadars-in-possession of the land measuring 11 Bigha 2 Kathas 12 Lachas of Patta No. 56, situated in Village Kamarkuchi under Panbari Mouza of the District. It is further alleged that the complainant (respondent No. 3) came to know that appellant Ganga Dhar Kalita and one Birendra Kumar Das have sold the above mentioned land in favour of Sewali Oza, Kabindra Oza and Kaifie Oza. On enquiry, according to the complainant, it was discovered that Ganga Dhar Kalita (appellant) has fraudulently got executed a power of attorney Deed No. 2062 dated 11.4.2006 by forging signatures of Kaustav K. Kalita, Rishi Raj Borgohain and Yuva Raj Borgohain. Rishi Raj Borgohain (respondent No. 4) is also signatory in the First Information Report given by respondent No. 3 to the police. On the above complaint, police appears to have registered the case as crime No. 25 of 2009 in respect of offences punishable under Sections 419, 468, 420, 471/34 of Indian Penal Code.

Therefore, we are not inclined to interfere with the order passed by the High Court dismissing the petition under Section 482 of the Code. Accordingly the appeal is dismissed. However, we clarify that the observations made in our order would not be read to influence the civil or criminal proceedings pending between the parties.
M/S Ivrcl. Infrastructure & Projects ... vs Commnr. Of Customs, Chennai

1. The facts necessary to decide this appeal are as follows. The appellant entered into a Joint Venture Agreement with M/s Shapoorji Pallonji & Company Limited for the purpose of construction of roads in the State of Andhra Pradesh. The Joint Venture was awarded a contract by the National Highways Authority of India for construction of roads as a part of the Golden Quadrilateral, Phase-2 Project in Andhra Pradesh.

This, however, has to be read with the following statement made in the same letter.

6. It may be pointed out that CESTAT has already given the appellant considerable relief. The redemption fine of Rs.5,00,000/- imposed by the Commissioner was reduced to a fine of Rs.1,00,000/- and a penalty of Rs.1,00,000/- imposed by the appellant has also been set aside. In the circumstances, the appeal is dismissed with costs of Rs.1,00,000/-.

April 15, 2015.