L-NLProc/TathyaNyaya-and-FactLegalLlama-NyayaScrape-Datasets huggingface dataset:
M/S N.V. International vs The State Of Assam

2) On the facts of the present case, an Arbitral Award dated 19.12.2006 was made by Justice K.N. Saikia, retired Judge of this Court. From this, a Section 34 petition was filed and rejected by the District Judge, Kamrup, Gauhati on 30.05.2016. An appeal under Section 37 of the Arbitration and Conciliation Act, 1996 was filed from this order in March, 2017, that is after a delay of 189 days from the 90 days that were given under Article 116 of the Limitation Act for filing such appeal. By the impugned judgment dated 24.06.2019, this delay was, on facts, not condoned as no sufficient cause was made out.

In this view of the matter, since even the original appeal was filed with a delay period of 142 days, we are not inclined to entertain these Special Leave Petitions on the facts of this particular case.

The Special Leave Petitions stand disposed of accordingly.

Pending applications, if any, also stand disposed of.”

6) Accordingly, the appeal is dismissed.

(S. RAVINDRA BHAT) New Delhi;

December 06, 2019.
The State Of Bihar vs Phulpari Kumari

2. The Respondent was appointed as a Child Development Officer on 29.06.2011. Sh. Jitendra Rajak filed a complaint against the Respondent to the Vigilance Bureau of Investigation, Patna alleging demand of illegal gratification. The Vigilance Bureau conducted a raid and the Respondent was caught red-handed while accepting an 1 amount of Rs.40,000/-. A First Information Report (FIR) was registered against the Respondent on 17.08.2013. Simultaneously, disciplinary proceedings were commenced against the Respondent on 12.11.2013 and she was placed under suspension. An inquiry was held in which the following charges were framed:

3. The findings of the Inquiry Officer are that a general meeting was convened on 24.06.2013 to decide the vacancies for the position of Child Development Officer (Sevika) in Anganwari Centre No.27 (Ward No.03 Panchayat Mahuli) of the Child Development Project, Patna. A resolution was passed to select Smt. Suman Kumar, the wife 3 | Page of the complainant. The Respondent was also present in the general meeting. Smt. Suman obtained 62.4 per cent marks. As per the complaint, the Respondent demanded a sum of Rs.1,50,000/- for the appointment of the complainant’s wife, Smt. Suman Kumar. The amount was then reduced to Rs.50,000/-. The complainant approached the Vigilance Bureau and a raid was conducted on 17.08.2013 by laying a trap. As per the directions of the Vigilance authorities, the complainant approached the Respondent who was standing in the verandah of her house. The Respondent received the money and put the amount on the chair and began to shut the grill of her house, when she saw other persons of the raiding party. The fingers of both the hands of the Respondent were washed in sodium carbonate solution and the color of the solution turned pink. The Inquiry Officer concluded that there is sufficient evidence to hold that the Respondent is guilty of the first charge framed against her. The charge of demanding and accepting illegal gratification was proved against her. The other charges were also needed to be proved.

7. In view of the above, the judgment of the High Court is set aside and the order of dismissal of the Respondent is upheld. The Appeal is accordingly allowed.

..…................................J [L. NAGESWARA RAO] ..….............................J [HEMANT GUPTA] New Delhi, December 06, 2019.

7 | Page
Hav (Ofc) Rwmwi Borgoyary vs Union Of India

2. Pankaj Negi- Appellant was enrolled in the Army Air Defence as Soldier Technical and was selected for the trade of Operation Fire Control while working as Havildar. He cleared Class I grade of his Technical Trade “Operation Fire Control” (OFC) in 2009. He also secured a diploma in Radar Technology, Surveillance, Electronic Warfare and Equipment Management from the Indira Gandhi National Open University (IGNOU) in 2011.

3. Deepak Kumar Mishra-Appellant was enrolled in the Army Air Defence as Soldier Technical and cleared Class I grade of his Technical Trade “Operation Fire Control” (OFC) while working as Havildar from 04.08.2007. He cleared his Weapon Training Course (PWN) on 27.12.2010. He was awarded diploma in Radar Technology, Surveillance, Electronic Warfare and Equipment Management from IGNOU in 2011. During the course of his service, he was a recipient of “Veerta Patra” and “Commandant’s Appreciation”. [2]

5. In January/ February, 2016, seven vacancies for Record Officers and eight vacancies for Technical Equipment Officer (TEO) in AAD were notified. The Appellants applied for being considered to the said posts. The Appellants were permitted to undergo the selection process after which they were informed by a communication dated 23.03.2017 that they were found ineligible for being considered for TEO (AAD) category. The Appellants submitted a representation to their Commanding Officer requesting him to take up their [3] case at the appropriate level. The OC Troops (Col A) / Commanding Officer recommended the case of the Appellants to the Director General of the Army Air Defence Regiment and requested him to direct the concerned officer to consider the Appellants for the post of TEO as they were eligible. As the pre-commissioning training was scheduled to commence, the Appellants filed Original Applications (OA) before the Armed Forces Tribunal (for short “the Tribunal”) which were dismissed. Their Applications for seeking Leave to Appeal were also dismissed.

[8]

14. In view of the above, the Appeals are dismissed.
Sri Chanappa Nagappa Muchalagoda vs Divisional Manager New India Insurance ...

2. The Appellant – a driver of heavy vehicles, was employed by one Sekar Santharam. On 13.05.2006, while he was driving a truck bearing No. MH-08H-0390 loaded with sand from Islampura towards Ratnagiri, he lost control of the truck due to an axle cut, and dashed against a rock on the side of the road.

3,000/- p.m., and held that he had lost 50% of his earning capacity. Since the Appellant was 33 years old at the time of the accident, 201.66 was taken as the relevant factor as per Schedule IV to the Act. Accordingly, the compensation was computed at Rs. 1,81,494/-. The Respondent – Insurance Company was held liable to pay the amount awarded.

The High Court accepted the income of the Appellant at Rs. 4,000/- p.m. as per the statement made by the employer. Insofar as the functional disability of the Appellant was concerned, the Court held the assessment by the Commissioner at 50% was on the lower side, and increased it to 60%, since the Appellant could no longer earn his livelihood as a driver, and could not even stand for a long time. 4 The compensation was accordingly enhanced to Rs.

We deem it just and appropriate to award a lump sum amount of Rs. 1,00,000/- towards hospitalization and medical expenses incurred by the Appellant.

13. The Respondent – Insurance Company is directed to pay the enhanced amount of compensation to the Appellant along- 9 with Interest @6% p.a. to be calculated one month from the date of the accident till the date of payment within 4 weeks. The Civil Appeal stands allowed in the aforesaid terms. All pending Applications, if any, are accordingly disposed of. Ordered accordingly.
Jumani Begum vs Ram Narayan

4 Relevant details pertaining to this appeal are as follows: Digitally signed by

10 On the computation of the compensation which is payable, we are guided by the judgment of the Constitution Bench in Pranay Sethi (supra). The monthly salary of the deceased, who was engaged as an Assistant Grade II in the Water Resources Department of the State of Chhattisgarh was Rs 12,636. Since the deceased was married, one-third deduction would have to be made on account of his personal expenses, which would work out to Rs 4,212. The net income would, therefore, be Rs 8,424. An addition of 15% towards future prospects would be required to be made having regard to the age of the deceased, which was 53. The total income of the deceased would, therefore, work out to Rs 9,687 per month. The yearly income of the deceased would stand computed at Rs 1,16,244. Applying a multiplier of 11, the total loss of dependency would be Rs 12,78,684. In addition to the aforesaid amount, conventional heads amounting to Rs 75,000 would have to be granted in terms of the decision noted above. Hence, the total compensation payable on account of death 6 would work out to Rs 13,53,684. The appellant would be entitled to interest at the rate of six per cent, as awarded by the MACT and affirmed by the High Court on the aforesaid amount from the date of the accident. 11 The insurer shall deposit the difference in compensation before the MACT, Raipur for disbursal within a period of three months from the receipt of a certified copy of this order. The MACT shall disburse the compensation in an appropriate manner keeping the interest of the widow, who is the appellant before this Court in mind.

12 The appeal is accordingly allowed in the above terms. There shall be no order as to costs.

Leave granted.

Pending application, if any, stands disposed of.

(Signed reportable judgment is placed on the file)
Prabodh Ch. Das . vs Mahamaya Das

3. The appellants herein are the defendants in the suit T.S. 10 of 2000 on the file of the Civil Judge (Junior Division) Khowai and the respondents are the plaintiffs. The plaintiffs filed the said suit for a 2 declaration of their title, recovery of possession and for mesne profits. The Trial Court dismissed the suit on 19.08.2002. Feeling aggrieved, the plaintiffs filed an Appeal No. 2 of 2003 before the Additional District Judge, West Tripura, Khowai. The District Judge allowed the appeal on 30.06.2006. The judgment and decree of the Trial Court was set aside and the plaintiffs were declared as owners of the suit land. Further, it was held that the plaintiffs are also entitled for recovery of possession of the suit property. This judgment of the First Appellate Court has been challenged by the defendants before the Guwahati High Court in R.S.A No.45 of 2006.

11. Coming to the facts of the present case, the Court has decided the appeal on merits after noticing “…. On this date a request for 3 2012 (8) SCC 745 6 adjournment was made on behalf of Mr. Lodh when the matter was adjourned to 18.12.2014 and on 18.12.2014 Mr. Choudhury made a request for adjournment. Today Mr. Choudhury is not even present to argue the matter and no request has been made on his behalf. I, therefore, proceed to decide the appeal on merits itself.” This order has been made clearly in contravention of Rule 17(1) of Order XLI of the CPC.

12. Therefore, we set aside the impugned judgment and decree of the High Court and remit the matter to the High Court for fresh disposal in accordance with law. Appeal is disposed of accordingly. However, there will be no order as to costs.

December 13, 2019.
Siraj Ahmad vs The State Of Uttar Pradesh

4. The facts giving rise to the present appeal are as under:

5. Since the appellant was not promoted, he made various representations to the State seeking promotion. The appellant had claimed the promotion from 18.01.1995, i.e. the date on which the juniors to the appellant were promoted. The appellant’s claim for promotion came to be rejected on 16.04.2015. Hence the appellant approached the division bench of the High Court by way of Writ Petition. The petition came to be rejected. Hence, the present appeal.

We are therefore of the considered view that the High Court erred in dismissing the petition of the appellant. The appeal deserves to succeed on more than one ground.

30. Hence, the following order:

…....................CJI.

DECEMBER 13, 2019.
Virender vs State Of Haryana

5. The case of the prosecution mainly rests on the evidence of PWs 14 and 15, who were the eye-witnesses of the incident. PW-14, the first informant, is the brother of the deceased, and PW-15 is their uncle, who had arrived at the scene after hearing the cries of the first informant.

8. In this regard, we would first like to turn our attention to the nature of injuries suffered by the deceased. As mentioned supra, the appellant was supposed to have assaulted the deceased with a lathi, while the other two accused assaulted the deceased with sharp cutting weapons such as an axe and sickle. The evidence of the doctor and the post-mortem report disclose that the deceased had sustained seven injuries, out of which five were incised injuries. The other two were, firstly, an abrasion of size 2 x 1 cm on the left frontoparietal region, and secondly, a lacerated wound of size 6.5 x 1.5 cm on the right knee joint. The death was opined to have occurred on account of the incised injuries numbered 2, 5 and 7 in the post-mortem report, though even Injury No. 5, an incised wound measuring 18 x 6 cm on the chest and abdomen, was stated to be individually sufficient to cause death. The wound, which started in the middle of the sternum, extended up to the abdomen, ending 6 cm above the umbilicus. Parts of the 5 small and large intestines were also found lying outside the wound.

14. It has been brought to our notice that the appellant has already suffered more than five years of imprisonment. Be that as it may, since we find that the evidence against the appellant is shaky and insufficient to bring home guilt 9 against him, we are of the opinion that the benefit of doubt must enure to him. Hence, the judgment of conviction passed by the Trial Court and confirmed by the High Court as against the appellant stands set aside. The appellant is acquitted from the charges levelled against him. Since he is already on bail, he need not be arrested in connection with the crime in question. The bail bonds, if any, executed by him stand discharged. The appeal is allowed accordingly.

December 16, 2019.
Raj Kumari vs Surinder Pal Sharma

7. The suit was contested by Surinder Pal Sharma, who in his written statement had propounded a registered Will dated 02.01.1992, Civil Appeal arising out of S.L.P. (C) No. 26957 of 2018 Page 2 of 29 purportedly executed by Suhagwanti wherein the tenement had been bequeathed solely and absolutely to him. It was stated that husband of Raj Kumari namely Ramesh Kumar was an attesting witness to the Will. Puran Devi and Santosh Rani despite service did not file their written statements. Santosh Rani during the pendency of the suit expired and was represented by her daughter Veena Malhotra. Puran Devi has also expired and is now represented by her daughter Meenakshi Sharma.

27. The purported Will dated 02.01.1992 is a rather short and an odd one. For the sake of completeness, we would like to reproduce the same in its entirety.

“ WILL DEED THIS “WILL DEED” is executed on this 2 nd day of Jan. 1992 at Delhi by Shrimati Suhag Wanti aged about 65 year w/o Late Shri Harbans Lal R/o H. No. 26, Duplex Flat, Gur Mandi, Delhi – 7 hereinafter called the Testator.

IN FAVOUR OF Shri Surinder Lal Sharma S/o Late Shri Harbans Lal R/o H.No. 26, Duplex Flat, Gur Mandi, Delhi-7, hereinafter called the Testimony.

LIFE IS BUT SHORT AND UNCERTAIN, God know when it may come to end. Hence I with my free will and consent and without any force or compulsion from others and in my sound estate of mind to make this will as under:-

Civil Appeal arising out of S.L.P. (C) No. 26957 of 2018 Page 28 of 29

29. Looked and examined from all angles, we are satisfied that the present appeal should be allowed and the judgment of the High Court should be set aside. Accordingly, we restore the judgment and decree dated 17.01.2018 passed by the court of Additional District Judge-03, North District, Rohini District Courts, New Delhi. There would no order as to costs.

DECEMBER 17, 2019 Civil Appeal arising out of S.L.P. (C) No. 26957 of 2018 Page 29 of 29
Saketa Vaksana Llp vs Kaukutla Sarala

2. The factual background is that the Appellant – Developer and the Respondent – Landowners entered into an Agreement of Sale dated 17.11.2017, whereby the Respondents agreed to sell agricultural land comprising of 54 acres 13 guntas situated in Turkapalli Village, Shamirpet Mandal, Medchal­ Malkajgiri District to the Appellant – Developer. The sale consideration was fixed at Rs. 46,00,000/­ per acre.

The Trial Court passed an Interim Order dated 01.05.2019 in I.A. No. 766/2018 with respect to the prayer for injunction restraining the Respondents from interfering with the peaceful possession of the Appellant – Developer over 5 the suit property, and held that the issue with respect to possession of the suit property admeasuring 17 acres 31½ could only be decided in trial.

8. In I.A. No. 767/2018, the Trial Court vide Interim Order dated 01.05.2019 granted a Temporary Injunction restraining the Respondents from alienating or creating third party interest in the suit property till the disposal of the suit, subject to the Appellant – Developer depositing the balance sale consideration @Rs. 46,00,000/­ per acre.

Consequently, the Temporary Injunction restraining the Respondents from interfering with the peaceful possession of the Appellant – Developer in the suit property was vacated. 8

17. The second issue is whether part consideration for the suit property was paid by the Appellant – Developer to the Respondent – Landowners or not.

20. In view of the aforesaid discussion, we affirm the Orders dated 14.08.2019 passed by the division bench of High Court, whereby the Temporary Injunction restraining the Respondents from interfering with the possession of the Appellant – Developer over the suit property has been vacated.

21. We have expressed no opinion on the merits of the matter, since the observations have been made at an interim stage of the proceedings.

22. We however direct that the hearing of O.S. No. 213/2018 pending before the XVI Additional District and Sessions Judge, Ranga Reddy District be expedited, and disposed of preferably within a period of one year from today. 12 The Civil Appeals are therefore, dismissed.

Pending Applications if any, are accordingly disposed of. Ordered accordingly.
Manju vs The State Of Delhi

2. The appellant herein was admitted in the maternity ward of the Lady Hardinge Medical College Hospital and delivered a baby girl around 12:30 in the afternoon on 24th August 2007. It is the case of the prosecution that 1 Crl.A.No.1268 of 2013 as the new born was a baby girl, as such the appellant- mother has caused her death by strangulation after baby was handed over to her at 04:30 p.m. on the said date. On 26th August 2007 post-mortem was conducted on the dead body and the doctor opined that cause of death was asphyxia due to ante mortem strangulation. On 31st August 2007 a case was registered against the appellant for the offence under Section 302 IPC, for causing death of her new born baby. She was tried for the charge under Section 302 IPC by the court of Additional Sessions Judge, Fast Track Court, New Delhi. In her statement, she has not pleaded guilty and claimed trial, as such, she was tried in Sessions Case No.78 of 2009 by the Additional Sessions Judge, New Delhi. To prove the charge against the appellant, prosecution in all, has examined 23 witnesses. The evidence against the accused was put to her and her statement was recorded under Section 313, Cr.P.C. she has pleaded her innocence and deposed that she has been falsely implicated by the police in connivance with the hospital authorities, to shift the blame from doctors on duty.

4. As against the conviction recorded and sentence imposed the appellant carried the matter in appeal to the High Court and the High Court by the impugned judgment, confirmed the conviction and sentence imposed on the appellant.

11. For the aforesaid reasons, this criminal appeal is allowed. The judgment of the trial court dated 19.12.2009, as well as the impugned judgment of the High Court dated 12.03.2010, in Criminal Appeal No. 168 of 2010 by the High Court of Delhi are set aside, consequently the appellant is acquitted of the charge framed against her. As the appellant is on bail, her bail bonds stand cancelled.

[R. SUBHASH REDDY] New Delhi.

December 17, 2019.