L-NLProc/TathyaNyaya-and-FactLegalLlama-NyayaScrape-Datasets huggingface dataset:
Chandrika Chunilal Shah vs Orbit Finance P.Ltd.& Ors

3. Facts and circumstances giving rise to this appeal are that:

C. Appellant instituted the Suit No. 259 of 2011 before the High Court of Bombay on Original Side alongwith the application for interim relief. The application was contested by the respondent Nos. 2 and 3 and the trial Judge after considering the matter at length rejected the prayer for appointing the Receiver but considering the fact that the respondent Nos. 2 and 3 had invested a huge amount to the tune of Rs.11.5 crores and having regard to other factors particularly that they tried to find out the encumbrance position from the Sub- Registrarb�s office but the record was not available, passed certain orders, particularly, permitting the respondent nos. 2 and 3 to create a licence in respect of the built up area, admeasuring 2680 Sq. Fts. (suit property) with a further direction that the third party interest would not be created. The premises could be given on leave and licence for a period not exceeding eleven months at a time subject to the conditions that the licensee would be informed of the pendency of the Suit and no interest shall be created in the premises in favour of the licensee.

Hence, this appeal.

8. In view of the above, the facts and circumstances of the case do not warrant interference by this Court. The appeal lacks merit and is, accordingly, dismissed. However, as the Suit had originally been instituted in the year 2007, we request the learned Trial Judge to conclude the trial expeditiously preferably within a period of one year. We further clarify that the appellant shall be at liberty to raise all his grievances before the appropriate forum at an appropriate stage as this order is being passed only on an application for interim relief. No order as to costs.
Union Of India & Anr vs Talwinder Singh

2. Facts and circumstances giving rise to this appeal are that the respondent was enrolled in the Infantry (Sikh Regiment) on 23.5.1987. He proceeded on annual leave on 31.3.1990 for a period of two months to his home town. During his leave period, the respondent suffered injuries being hit by a small wooden piece “Gulli” in the play of children and thus, his left eye was seriously damaged. He was admitted to Command Hospital, Chandimandir and remained there from 1.4.1990 to 25.4.1990. The respondent was operated upon twice and, subsequently, was discharged giving him sick leave from 26.4.1990 to 6.6.1990 and was placed in low medical category ‘BEE’ (permanent).

3. The investigation/enquiry was conducted by Army Authorities and the court of inquiry vide order dated 13.7.1990 came to the conclusion that injuries sustained by the respondent were not attributable to military service. The respondent was kept in sheltered appointment upto 31.5.2003 for giving him an opportunity to complete his terms of engagement. The respondent was examined by the Release Medical Board (RMB) on 14.2.2003 for assessment of degree and attributability/aggravation factors of the disability ‘Perforating Injury Left Eye’ and it came to the conclusion that disability was 30% for life, however, the Board further declared that the said disability was neither attributable to nor aggravated by military service. In view thereof, the claim of the respondent for disability pension was rejected by the competent authority vide order dated 7.8.2003.

4. The respondent filed Suit No.312 of 2004 before Civil Judge (Senior Division) Sangrur, Punjab, seeking the relief of disability pension which was dismissed vide judgment and decree dated 25.9.2006. Aggrieved, respondent preferred Civil Appeal No.150 of 2006 which was dismissed by the learned Additional District Judge, Sangrur vide judgment and decree dated 2.9.2008. Respondent, not being satisfied, preferred RSA No.599 of 2009 before the High Court of Punjab & Haryana challenging the aforesaid judgments and decree. Learned Single Judge reversed the concurrent finding of facts by two courts below and allowed the appeal decreeing the suit issuing direction to the appellants/ defendants to release payment of disability pension alongwith 8% interest per annum from 31.5.2003, within a period of 3 months.

We are of the view that the opinion of the Medical Board which is an expert body must be given due weight, value and credence. Person claiming disability pension must establish that the injury suffered by him bears a causal connection with military service. In the instant case, as the injury suffered by the respondent could not be attributable to or aggravated by the military service he is not entitled for disability pension.

12. In view of the above, the appeal is allowed. The judgment and order of the High Court dated 11.11.2009 passed in R.S.A. No. 499 of 2009 is set aside and the judgment and order of the Trial Court and that of First Appellate Court are restored. No order as to costs.
Santosh Devi vs National Insurance Co.Ltd.& Ors

3. Shri Swaran Singh (the appellant’s husband) died in a road accident when the Maruti car in which he was travelling with Varinder Singh (husband of respondent No. 2 and the father of respondent Nos. 3 and 4) went out of control. Varinder Singh, who was driving the vehicle also suffered multiple injuries and died on the spot.

17. In the result, the appeal is allowed, the impugned judgment as also the award of the Tribunal are set aside and it is declared that the claimants shall be entitled to compensation of Rs.2,94,840 [Rs.1,500 + 30% of Rs.1,500 = Rs.1,950 less 1/10th towards personal expenses = Rs.1,755 x 12 x 14 =Rs.2,94,840]. The claimants shall also be entitled to Rs.5,000/- for transportation of the body, Rs.10,000/- as funeral expenses and Rs.10,000/- in lieu of loss of consortium. Thus, the total amount payable to the claimants will be Rs.3,19,840/-. The enhanced amount of compensation i.e. Rs.1,42,340/- (Rs.3,19,840 - Rs.1,77,500) shall carry interest of 7 per cent from the date of application till realisation.

18. Respondent No.1 – Insurance Company is directed to pay to the appellant the total amount of compensation within a period of three months by getting prepared a demand draft in her name which shall be delivered to her at the address given in the claim petition filed before the Tribunal. While doing so, respondent No.1 shall be free to deduct the amount already paid to the appellant.
Rashtriya Ispat Nigam Ltd vs M/S Dewan Chand Ram Saran

7. The service tax was brought into force on 5.11.1997 vide Notification No.44/77 with effect from 16.11.1997. Consequent thereupon, the appellant deducted 5% tax on the bills of the respondent for the period 30.11.1997 to 6.8.1999. The respondent, however, refused to accept the deductions, and raised a dispute for arbitration under clause 15 of the terms and conditions mentioned above. This dispute was referred for the arbitration of a sole arbitrator, a retired Judge of the Delhi High Court.

26. As far as the submission of shifting of tax liability is concerned, as observed in paragraph 9 of Laghu Udyog Bharati (Supra), service tax is an indirect tax, and it is possible that it may be passed on. Therefore, an assessee can certainly enter into a contract to shift its liability of service tax. Though the appellant became the assessee due to amendment of 2000, his position is exactly the same as in respect of Sales Tax, where the seller is the assessee, and is liable to pay Sales Tax to the tax authorities, but it is open to the seller, under his contract with the buyer, to recover the Sales Tax from the buyer, and to pass on the tax burden to him. Therefore, though there is no difficulty in accepting that after the amendment of 2000 the liability to pay the service tax is on the appellant as the assessee, the liability arose out of the services rendered by the respondent to the appellant, and that too prior to this amendment when the liability was on the service provider. The provisions concerning service tax are relevant only as between the appellant as an assessee under the statute and the tax authorities. This statutory provision can be of no relevance to determine the rights and liabilities between the appellant and the respondent as agreed in the contract between two of them. There was nothing in law to prevent the appellant from entering into an agreement with the respondent handling contractor that the burden of any tax arising out of obligations of the respondent under the contract would be borne by the respondent.

31. Accordingly, the appeal is allowed and the impugned judgments of the learned Single Judge as well as of the Division Bench, are hereby set aside. The award made by the arbitrator is upheld. The parties will bear their own costs.
Mehrawal Khewaji Trust(Regd) ... vs State Of Punjab & Ors

3) Brief facts:

(a) Colonel Sir Harindar Singh, since deceased, was the former ruler of the State of Faridkot. In 1979, 259 Kanals and 16 Marlas (33 acres) of land owned by him had been acquired by the Punjab Government for extension of existing Grain Market at Faridkot vide Notification No. 14(68)M-iv- 78/17315 dated 22.12.1979 under Section 4 of the Land Acquisition Act,1894 (hereinafter referred to as “the Act”) which was published in the Punjab Government Gazette. Notification under Section 6 of the Act was issued on 19.02.1982. The award by the Collector was announced on 02.10.1982 and possession of the land was also taken on that day. The Collector awarded compensation at the rate of Rs.15,000/- per acre for Nehri land, Rs.10,000/- per acre for Barani land and Rs.25,000/- per acre for Banjar Kadim land and Ghair Mumkin land. The total compensation awarded including solatium at 15% was Rs.4,85,202.86/-.

(c) Against the aforesaid order, the appellants preferred R.F.A. No.998 of 1988 before the High Court. The High Court, by the impugned common order and judgment dated 06.01.2009, declined to interfere with the order passed by the Additional District Judge and did not enhance the compensation as claimed by the appellants.

19) In the light of the above discussion, the appellants have made out a case for enhancement of compensation. Accordingly, the same is fixed at Rs.1,45,000/- per acre with all other statutory benefits including interest on solatium and additional market value. The appeal is allowed to the extent mentioned above. No order as to costs.

APRIL 27, 2012.
Narinderjit Singh vs North Star Estate Promoters Ltd

3. The respondent filed suit for possession by way of specific performance of the agreement for sale impleading the appellant and his father as the defendants. The case set up by the respondent was that at the time of execution of agreement, its authorised representative had paid Rs.1,00,000; that on 22.11.1996, Rs.9,00,000 were offered to the appellant’s father but he avoided to accept the amount despite telephonic message and phonogram sent on 23.11.1996 and personal visit to his office and residence. It was further pleaded that even though the respondent was always ready and willing and is still ready and willing to perform its part of the agreement, the appellant intentionally committed breach of the terms and conditions thereof and failed to perform his obligation by not extending cooperation in obtaining colonization licence from Punjab Urban Development Authority and ITC Certificate under Section 34-A of the Income Tax Act.

4. In the joint written statement filed by the appellant and his father, the locus standi of the respondent to file the suit was questioned on the premise that it had been incorporated on 1.11.1996, i.e. after execution of the agreement. On merits, it was pleaded that the appellant’s father, who was about 88 years old and was sick had not executed the agreement and the same was a fictitious document prepared by the respondent in collusion with Col. Gurcharan Singh and Vijay Bhardwaj. The appellant and his father denied the receipt of the earnest money and the offer allegedly made by the respondent’s representative to pay Rs.9 lacs.

12. We have considered the respective submissions. A reading of the agreement executed by the appellant’s father in favour of the respondent shows that he had agreed to sell 51 Bighas 9 Biswas land situated in village Dhakauli, Tehsil Rajpura, District Patiala at the rate of Rs.14,00,000 per Killa, i.e. 4 Bighas. Clauses 1, 2, 3, 4, 5 and 7 of the Agreement read as under:

21. In the present case, the appellant had neither pleaded hardship nor produced any evidence to show that it will be inequitable to order specific performance of the agreement. Rather, the important plea taken by the appellant was that the agreement was fictitious and fabricated and his father had neither executed the same nor received the earnest money and, as mentioned above, all the Courts have found this plea to be wholly untenable.

22. In the result, the appeals are dismissed and the following directions are given:
Kathi Bharat Vajsur & Anr vs State Of Gujarat

2) At the outset, we note that initially there were three accused before the Trial Court, and they were all acquitted for the offences alleged against them. During the pendency of the appeal before the High Court, A1 (Kathi Fakira Vajsur) expired, and the appeal stood abated as against him. The other two accused, namely A2 (Kathi Bharat Vajsur) and A3 (Kathi Ramku Vajsur) are prosecuting this appeal. During the pendency of this appeal, this Court had enlarged the appellants on bail vide order dated 03.12.2002.

3) The factual scenario giving rise to the present appeal is as follows:

In the instant case, cumulative reading of the entire evidence makes the prosecution story believable, thereby proving the guilt of the accused appellants beyond any doubt. The High Court in the impugned judgment has correctly appreciated the evidence on record, and we do not find any infirmity in the same, therefore we uphold the conviction of guilt and sentence imposed by the High Court.

27) In the light of the above discussion, we see no merit in the appeal and accordingly, the same is dismissed. The appellants have been enlarged on bail during the pendency of this appeal before this Court. Therefore, the Jurisdictional Jail Superintendent is directed that the appellants herein be taken into custody forthwith to serve out the sentence of life imprisonment.
Chhanga Singh & Anr vs Union Of India & Anr

3. Admitted facts necessary to adjudicate upon the controversy in this appeal are that:

4. So far as this case is concerned, the respondents made the payment as per the award of the Reference Court dated Ist June, 2001 on 15th April, 2004 partly. The appellants filed an application on 6th May, 2004 for claiming the balance amount including the interest on solatium. The Execution Court rejected the said application vide order dated 22nd November, 2006 which was challenged unsuccessfully before the High Court by the appellants as the High Court rejected their claim for the said relief vide impugned judgment and order dated 10th September, 2008.

Hence, this appeal.

8. In view of the above, the submissions of the appellants are worth acceptance. The appeal is accordingly allowed. The respondents are directed to make the payment of interest on the solatium as per the law laid down in Gurpreet Singh (Supra) within a period of three months from today.
Huidrom Konungjao Singh vs State Of Manipur & Ors

3. The appellant’s son was served with the grounds of detention dated 2.7.2011. The detenu made representations on 16.7.2011to the Central Government as well as to the Government of Manipur which stood rejected. The detention order was confirmed vide order dated 16.8.2011and confirmation order was furnished to the detenu on 18.8.2011. The appellant filed Writ Petition (Crl.) No.98 of 2011 challenging the detention order in Gauhati High Court (Imphal Bench) which stood dismissed vide impugned judgment and order dated 13.1.2012. Hence, this appeal.

14. In the instant case, admittedly, the said bail orders do not relate to the co-accused in the same case. The accused released in those cases on bail had no concern with the present case. Merely, because somebody else in similar cases had been granted bail, there could be no presumption that in the instant case had the detenu applied for bail could have been released on bail. Thus, as the detenu in the instant case has not moved the bail application and no other co- accused, if any, had been enlarged on bail, resorting to the provisions of Act was not permissible. Therefore, the impugned order of detention is based on mere ipse dixit statement in the grounds of detention and cannot be sustained in the eyes of law.

15. The appeal succeeds and is allowed. The impugned judgment and order is hereby set aside and detention order dated 30.6.2011 is quashed.
Amar Pal Singh vs State Of U.P.& Anr

2. The appellant, a judicial officer, being aggrieved by the comments and observations passed by the learned Single Judge of High Court of Judicature at Allahabad in Criminal Revision No. 1541 of 2007 vide order dated 31.05.2007, has preferred the present appeal. The brief resume of facts are that one Sunil Solanki had filed an application under Section 156 (3) of the Code of Criminal Procedure (for short ‘the Code’) before the Chief Judicial Magistrate, Bulandshahar with the allegation that on 11.02.2007 at 09.30 p.m. when he was standing outside the door of his house along with some others, a marriage procession passed through the front door of his house and at that juncture, one Mauzzim Ali accosted him and eventually fired at him from his country made pistol which caused injuries on the abdomen area of Shafeeque, one of his friends. However, as good fortune would have it, said Shafeeque escaped unhurt. Because of the said occurrence, Sunil Solanki endeavoured hard to get the FIR registered at the concerned police station but the entire effort became an exercise in futility as a consequence of which he was compelled to knock at the doors of the learned Chief Judicial Magistrate by filing an application under Section 156 (3) of the Code for issue of a direction to the police to register an FIR and investigate the matter. While dealing with the application, the learned Chief Judicial Magistrate, the appellant herein, ascribed certain reasons and dismissed the same.

3. Being dissatisfied, said Sunil Solanki preferred a revision before the High Court and the learned Single Judge, taking note of the allegations made in the application, found that it was a fit case where the learned Magistrate should have directed the registration of FIR and investigation into the alleged offences. While recording such a conclusion, the learned Judge has made certain observations which are reproduced below:-

4. The prayer in the Special Leave Petition is to delete the aforesaid comments, observations and the ultimate direction.

22. The appeal is allowed accordingly.

May 17, 2012.
Union Of India & Anr vs Shashank Goswami & Anr

2. Facts and circumstances giving rise to this appeal are that one Anand Kishore Gautam working as Senior Accountant in the office of the Accountant General, Allahabad died on 19.3.2001 in harness, leaving behind two sons aged about 20 and 19 years and a daughter, aged about 17 years and Smt. Rashmi Gautam, ?his widow.

4. Respondent No.1 could not be offered appointment on the ground that excluding G.P.F. amount, his family had received a sum of Rs.4,40,908/- in addition to family pension of Rs.3,100/- per month granted to Mrs. Rashmi Gautam. She was entitled to get the said family pension at least for seven years and thereafter, the family pension would be Rs.1,860/- per month plus ?other reliefs admissible on pension .

14. The case of the respondent was rejected by the appellants in view of the fact that the family of the deceased Anand Kishore Gautam had been given the following terminal benefit excluding the G.P.F.

1. DCRG Rs.2,48,248.00

2. Leave Encashment Rs.88,660.00

3. CGEIS Rs.44,000.00

15. In view of the fact that, in the instant case the retiral/ terminal benefits have been received by the family exceeding Rs.3 lakhs, respondent No.1 is not eligible to be considered for the Group 'C' post.

16. In view of the above, the appeal succeeds and is allowed. The impugned judgments/orders stand set aside.
Narender Kumar vs State(N.C.T.Of Delhi)

B. The prosecutrix was medically examined. Appellant was arrested on 1.11.1998. Statement of the prosecutrix was recorded under Section 164 of Code of Criminal Procedure, 1973 (hereinafter called ‘Cr.P.C.’) on 20.11.1998 before the Metropolitan Magistrate, New Delhi. After completion of investigation, charge sheet was filed against the appellant under Section 376 IPC on 21.4.1999. Prosecution examined 11 witnesses in support of its case. The appellant, in addition to his own statement under Section 313 Cr.P.C., also examined 2 witnesses in defence.

C. On conclusion of the trial, the learned Sessions Court vide judgment and order dated 7/8.12.1999 convicted the appellant for the offences under Section 376 IPC and imposed the sentence as referred to hereinabove.

D. Aggrieved, the appellant preferred Criminal Appeal No.53 of 2000 before the High Court which has been dismissed vide impugned judgment and order dated 25.3.2009.

22. In view of the provisions of Sections 53 and 54 of the Evidence Act, 1872, unless the character of the prosecutrix itself is in issue, her character is not a relevant factor to be taken into consideration at all.

25. The instant case is required to be decided in the light of the aforesaid settled legal propositions.

In view of above, the appeals succeed and are allowed. The judgment and order dated 25.3.2009 passed by the High Court of Delhi in Criminal Appeal No. 53 of 2000 and that of the trial court dated 7.12.1999 are hereby set aside. The appellant is on bail, his bail bond stands discharged.

Before parting with the case, we would like to record our appreciation to Mr. Yakesh Anand, learned Amicus Curiae for rendering commendable assistance to the court. Mr. Anand shall be entitled to Rs. 7,000/- as his fees payable by the State Government.

………………………..J. (DIPAK MISRA) New Delhi, May 25, 2012
Mukut Bihari & Anr vs State Of Rajasthan

C. Aggrieved, the appellants preferred Criminal Appeal No.726 of 2001 before the Rajasthan High Court which has been dismissed vide impugned judgment and order dated 12.10.2011.

15. In the instant case, there is no contradiction in the deposition of the witnesses. The witnesses have truthfully deposed that they did not hear the conversation between the accused and the complainant.

Therefore, their version is without any embellishment and improvement. There could be no reason/motive for Rafiq (PW.1) to falsely enrope the appellants in the case.

The appeal is devoid of any merit and is, accordingly, dismissed.

However, considering the fact that the incident occurred about two decades ago and the appellants suffer from severe ailments, they have lost their service long ago and suffered the agony of protracted litigation, the appellant no.1 has been suffering from acute pancreatitis and both the appellants have served the sentence for more than six months, in the facts and circumstances of the case, their sentence is reduced to one year.