L-NLProc/TathyaNyaya-and-FactLegalLlama-NyayaScrape-Datasets huggingface dataset:
Jagpal Singh & Ors vs State Of Punjab & Ors

3. Since time immemorial there have been common lands inhering in the village communities in India, variously called gram sabha land, gram panchayat land, (in many North Indian States), shamlat deh (in Punjab etc.), 2 mandaveli and poramboke land (in South India), Kalam, Maidan, etc., depending on the nature of user. These public utility lands in the villages were for centuries used for the common benefit of the villagers of the village such as ponds for various purposes e.g. for their cattle to drink and bathe, for storing their harvested grain, as grazing ground for the cattle, threshing floor, maidan for playing by children, carnivals, circuses, ramlila, cart stands, water bodies, passages, cremation ground or graveyards, etc. These lands stood vested through local laws in the State, which handed over their management to Gram Sabhas/Gram Panchayats. They were generally treated as inalienable in order that their status as community land be preserved. There were no doubt some exceptions to this rule which permitted the Gram Sabha/Gram Panchayat to lease out some of this land to landless labourers and members of the scheduled castes/tribes, but this was only to be done in exceptional cases.

8. The Gram Panchayat, Rohar Jagir filed an application under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 to evict the appellants herein who had unauthorizedly occupied the aforesaid land. In its petition the Gram Panchayat, Rohar Jagir alleged that the land in question belongs to the Gram Panchayat, Rohar as is clear from the revenue records. However, the respondents (appellants herein) forcibly occupied the said land and started making constructions thereon illegally. An application was consequently moved before the Deputy Commissioner informing him about the illegal acts of the respondents (appellants herein) and stating that the 5 aforesaid land is recorded in the revenue records as Gair Mumkin Toba i.e. a village pond. The villagers have been using the same, since drain water of the village falls into the pond, and it is used by the cattle of the village for drinking and bathing. Since the respondents (appellants herein) illegally occupied the said land an FIR was filed against them but to no avail. It was alleged that the respondents (appellants herein) have illegally raised constructions on the said land, and the lower officials of the department and even the Gram Panchayat colluded with them.

21. For the reasons given above there is no merit in this appeal and it is dismissed.

23. Let a copy of this order be sent to all Chief Secretaries of all States and Union Territories in India who will ensure strict and prompt compliance of this order and submit compliance reports to this Court from time to time. 1

24. Although we have dismissed this appeal, it shall be listed before this Court from time to time (on dates fixed by us), so that we can monitor implementation of our directions herein. List again before us on 3.5.2011 on which date all Chief Secretaries in India will submit their reports.

January 28, 2011
Keshavadas Shridharao Savakar & Ors vs Assistant Commnr. & Land ...

2. Pursuant to a notification issued under Section 4 (1) of the Land Acquisition Act, published in the Karnataka Gazette on 16.05.1991 an extent of 76 acres and 10 guntas of land situated in Gadag were acquired for Karnataka Housing Board (hereinafter `the Board'). The Land Acquisition Officer determined the market value at Rs.35,000/- per acre and passed an award to that effect on 5th March, 1994. Assailing the said quantum, the landowners filed a reference. The Reference Court on a detailed consideration of the matter and after examining 22 witnesses and scrutinizing about 35 documents, which were made exhibits, fixed the market value of the acquired land at Rs.14,500/- per gunta, apart from granting other statutory benefits.

3.The operative portion of the order of the Reference Court is set out below:

per acre. However, those records could not be produced as they were burnt by fire. Under those circumstances, the Housing Board sought an opportunity to let in further evidence. It appears that the claimants also filed an application under Order XLI Rule 27 of the Code of Civil Procedure for filing further evidence. In view of such petitions being filed, the High Court came to an opinion that the ends of justice require that the parties should be given an opportunity to let in fresh evidence. The High Court, thereafter, quashed the judgment under appeal and remanded the matter to the Reference Court with a direction to the parties to lead additional evidence.

11.Considering the facts and circumstances of this case and the long passage of time that has intervened, this Court is of the opinion that the 8 ends of justice will not be served if the impugned order of the High Court of remitting the controversy to the Reference Court at this stage is allowed.

14.Such payment shall be made by the Karnataka Housing Board within a period of three months from date, failing which it will have to pay an additional interest of 9% from the date of expiry of the period of three months till the date of actual payment. The appeals are, thus, disposed of. No costs.
Sou. Sandhya Manoj Wankhade vs Manoj Bhimrao Wankhade & Ors

3. The Appellant herein was married to the Respondent No.1 on 20th January, 2005, and the marriage was registered under the provisions of the Special Marriage Act, 1954. After her marriage, the Appellant began to reside with the Respondent No.1 at Khorej Colony, Amravati, where her widowed mother-in-law and sister-in-law, the Respondent Nos.2 and 3 respectively, were residing. According to the Appellant, the marriage began to turn sour after about one year of the marriage and she was even assaulted by her husband and by the other respondents. It is her specific case that on 16th June, 2007, she was mercilessly beaten by the Respondent No.1, which incident was reported to the 3 police and a case under Section 498-A I.P.C. came to be registered against him.

5. It further appears that the said order of the learned Magistrate dated 16th August, 2007, was challenged by Respondent No.1 in Crl. Appeal No.115 of 2007 before the learned Sessions Judge, Amravati, who by his order dated 2nd May, 2008, dismissed the said appeal. Aggrieved by the orders passed by the learned Sessions Judge, the Respondent No.1 filed Criminal Application No.3034 of 2008 in the High Court under Section 482 Cr.P.C. challenging the order dated 16th August, 2007 of the Judicial Magistrate, First Class, Amravati and the order dated 2nd May, 2008 of the Sessions Judge, Amravati. The said application was dismissed by the High Court on 4th September, 2009.

8. The learned Single Judge of the High Court disposed of the writ petition by his judgment and order dated 5th March, 2010, with a direction to the Appellant to vacate her matrimonial house, which was in the name of the Respondent No.2, with a further direction to the Trial Court to expedite 8 the hearing of the Misc. Crl. Application No.203 of 2007 filed by the Appellant herein and to decide the same within a period of six months. A further direction was given confirming the order relating to deletion of the names of the `other members'.

16. The Appeal, therefore, succeeds. The judgments and orders, both of the learned Sessions Judge, Amravati, dated 15th July, 2009 and the Nagpur Bench of the Bombay High Court dated 5th March, 2010, in Crl. Writ Petition No.588 of 2009 are set 13 aside. Consequently, the trial Court shall also proceed against the said Respondent Nos.2 and 3 on the complaint filed by the Appellant.

17. The appeal is allowed accordingly.
M.Nagabhushana vs State Of Karnataka & Ors

4. Therefore, the writ petition, out of which this present appeal arises, purports to be an attempt to litigate once again, inter alia, on the ground that the aforesaid blocks of land were outside the purview of FWA dated 3.4.1997. The learned Judges of the Division Bench held the second round of litigation is misconceived inasmuch as the acquisition proceedings were upheld right upto this Court. The Division Bench in the impugned judgment noted the aforesaid facts which were also noted by the learned Single 3 Judge. Apart from that the Division Bench also noted that another batch of public interest litigation in W.P. No.45334/04 and connected matters were also disposed of by this Court directing the State of Karnataka and all its instrumentalities including the Housing Board to forthwith execute the project as conceived originally and upheld by this Court and it was also directed that FWA be implemented. The Division Bench, however, noted that on behalf of the appellant an additional ground has been raised that the acquisition stood vitiated since no award was passed as contemplated under Section 11A of the Land Acquisition Act (hereinafter "the said Act").

45. Following the aforesaid well settled principles, this Court is of the opinion that there is no substance in the contention of appellant that acquisition under KIAD Act lapsed for alleged non- compliance with the provisions of Section 11A of the said Act.

46. For the reasons aforesaid all the contentions of the appellant, being without any substance, fail and the appeal is dismissed.

49. This Court, therefore, dismisses this appeal with costs assessed at Rs.10 Lacs, to be paid by the appellant in favour of Karnataka High Court Legal Services Authority within a period of six weeks from date. In default, a proceeding will be initiated against the appellant on a complaint by the Karnataka High Court Legal Services Authority by the appropriate authority under the relevant Public Demand Recovery Act for recovery of this cost amount as arrears of land revenue.

50. The appeal is, thus, dismissed with costs as aforesaid. Interim orders, if any, are vacated.
Chairman, Bhartia Education Soc. & Anr vs State Of H.P. & Ors

2. Bhartia Education Society (`Society' for short) runs an institute known as Rameshwari Teachers Training Institute (`Institute' for short) at Gandhi Nagar, Kullu, Himachal Pradesh. The Institute was recognized by National Council for Teacher Education (for short, `NCTE') by order dated 17.7.2000 for conducting Two-year Junior Basic Training (JBT) course with an intake of 50, from the academic session 2000- 2001. NCTE increased the intake to 100 from the academic session 2002-2004. After getting recognition, the Institute applied for affiliation to the Examining Body - Himachal Pradesh Board of School Education (`Board' for short) on 31.8.2001. The Board granted affiliation to the Institute for the two-year JBT course (2001-2003) by two orders that is order dated 31.12.2001 for the first year of the two-year course (2001-2002) and order dated 27.12.2002 for the second year of the two-year course (2002-2003). The Board however did not grant affiliation for the subsequent JBT courses and in fact refused affiliation by order dated 20.1.2004. Ultimately it is stated that affiliation to the Institute was granted by the Board only in the year 2009. The State Government by letter dated 17.10.2002, however granted one time relaxation in regard to students admitted by the Institute for the academic sessions 1999-2001 and 2000-2002 and directed the Board to conduct the examination for those students. In compliance thereof the Board permitted the eligible students of 1999-2001 and 2000-2002 batches to take the examination in December 2002.

21. Admittedly no candidates were allotted by the state government to the Institute, nor did the Institute independently admit any candidate for the academic sessions 2004-2006 and 2005-2007. As we are in the year 2011, the prayer seeking a direction to the Board to allot candidates for 2004-2006 and 2005-2007 does not survive. In view of grant of affiliation to the Institute in the year 2009 and in the absence of any students being admitted for the academic sessions 2004-2006 and 2005-2007, the question of granting affiliation for those years is academic and does not arise for consideration.

Conclusion:

23. We accordingly dispose of the appeals as follows :
Shaik Imambi vs Spl.Dy.Collector.(Land ...

Application for impleadment is dismissed as withdrawn. Leave granted. Heard the parties.

2. The appellant was the owner of a lime orchard measuring 7 acres 84 cents, situated at Dachuru village, Kaluvoy Mandal, Nellore District. The said land and the adjoining lands in all measuring 81 acres 38 cents were acquired for the purpose of fore-shore submersion of Kandleru Reservoir under Telugu Ganga Project in pursuance of a notification dated 4.7.1988 issued under Section 4(1) and a final declaration dated 30.6.1989 issued under Section 6 of the Land Acquisition Act, 1894 ('Act' for short). The 2 appellant's lime orchard consisted of 761 lime trees. A small area therein also contained other trees, that is, 20 coconut trees, 24 cheeni trees, 2 guava trees and 2 drumstick trees.

8. As noticed above, the Land Acquisition Officer assessed the net annual income from each lime tree as Rs.80/- and the High Court assessed the net annual income from each lime tree as Rs.100/-. The High Court has relied upon the letter dated 5.6.1986 of the Director (Horticulture), Government of Andhra Pradesh (addressed to the Special Collector, Telugu Ganga Project) and the annexed report of the Committee appointed by the Director to evaluate the income, to determine the annual income as Rs.100/- per tree. The said documents estimated the annual income per lime tree as Rs.150 to Rs.200/- (on a yield of 1500 to 2000 lemons per tree) and the cost of cultivation per tree as Rs.34/-.

10. There is no specific documentary evidence in regard to the actual income from the orchard. As the reports of experts of the state government assessed the gross annual income from each tree as Rs.150-200/-, it would be appropriate to take the average thereof, namely Rs.175/- as the annual income per tree in this case. If Rs.35/- is deducted towards the cost of cultivation and other expenses as recommended by the experts, the net annual income would have been Rs.140/- per tree or Rs.1,06,540/- for 761 trees.

Officer with reference to income from 761 lime trees : 761 x 14 x 80 (with appropriate deduction for 33 lemon trees which were not mature)

(b) Rs.31,046/50 The amount assessed by the Land Acquisition Officer with reference to income from other trees

(c) Compensation awarded by the LAO Rs.8,67,003/50

(a) + (b)

(d) Total increase awarded (including the Rs.4,56,600/-

12. We accordingly allow this appeal in part and increase the compensation awarded by the Land Acquisition Officer by Rs.4,56,600/- with statutory benefits under section 23(1A) and 23(2) and interest as per section 28 of the Act. The appellant will also be entitled to costs of Rs.15,000/-.
U.P.State Textile Corp.Ltd vs Suresh Kumar

The U.P. Textile Corporation Limited, the appellant herein is, as of today, we are told, a defunct organization and proceedings before the Board of Industrial and Financial Reconstruction (BIFR) are going on. The respondent, Suresh Kumar, was appointed as a Deputy Manager (Export) for a fixed tenure of three years vide order dated 21th april, 1987. As per this order his services would come to an end automatically on the expiry of three years from the date of his joining unless the term was extended as per Clause-1 thereof. It was also stipulated in the aforesaid order that the tenure of the appointment was terminable without assigning any reason on three months notice from either side or on payment of salary in lieu thereof. Admittedly the respondent joined the services of the appellant on the 7th September, 1987. His services were however terminated vide order dated 26th April, 1989 on the ground that he was in the habit of -2- remaining absent for long periods of time without prior approval and that he had been on unauthorized absence from March, 1989. The order of 26th April, 1989 was challenged by the respondent before the U.P. Public Services Tribunal. The Tribunal vide its judgment dated 7.5.1992 held that the order impugned before it was stigmatic inasmuch that it referred to the continued absence of the respondent over a long period and in this view of the matter it could not be sustained. The relief of reinstatement with continuity of service and back wages was accordingly ordered by the Tribunal. This order was challenged by the appellant-Corporation before the Allahabad High Court. The writ petition has been dismissed vide judgment dated 21.5.2007 on similar grounds. It is in this background that the matter is before us.

In the facts of the case we need not examine the effect of the order dated 26th April 1989 whereby the services of the respondent had been terminated as being stigmatic or not as we are of the opinion that in the light of the fact that appointment itself was for a fixed period of three years which would have come to an end on the 6th September, 1990, no relief beyond that period could have been given to the respondent by the Tribunal or the High Court. We accordingly feel that these orders need to be modified to the extent that the appellant shall be deemed to be in service up to the 6th September, 1990 and not thereafter. The other question relates to the back wages for a period of one year and five months. We are of the opinion that the grant of back wages is a matter of discretion vested in the Court and the conduct of an employee is an extremely relevant factor on this aspect. The financial status of the employer must also be kept in -4- mind. We are therefore of the opinion that the conduct of the respondent and the financial status of the appellant does not justify the payment of any back wages.

Accordingly, we allow the appeal in the above terms.
Gian Kaur vs Raghubir Singh

2. Labhu, an agriculturist of village Sarhola Mundia, Tehsil & District Jalandhar, Punjab had three sons, namely, Khusi Ram, Raghubir Singh and Kashmir Singh and a daughter called Pritam Kaur.

The shares of the sons were partitioned by the Revenue Authorities as early as on 30.4.1990 and share of Khushi Ram was separated from Raghubir Singh each getting 16 kanals. Khushi Ram executed a Will in favour of Gian Kaur and appointed her as his Mukhtiar-e-am. Subsequently, relations between them became strained and he cancelled his Will and his Power of Attorney. The appellant is daughter of Pritam Kaur and Khushi Ram was living with Pritam Kaur in her house and Pritam Kaur was serving him.

may kindly be passed in favour of the plaintiff and against the Deft with costs."

9. There is an alternative prayer for decree for possession also.

14. We are, therefore, constrained to observe that the High Court reversed the concurrent finding of the Courts below on an erroneous appreciation of the admitted facts of the case and also the legal question relating to Section 34 of the Specific Relief Act.

15. We, therefore, allow the appeal set aside the order of the High Court and restore that of the First Appellate Court. There shall be no order as to costs.
Nachhatar Singh & Anr vs State Of Punjab

The prosecution relied primarily on the evidence of P.W. 6, the complainant, P.W. 1, Dr. Yashpal Garg who had performed the post mortem of the dead body, P.W. 2 the Chemical Examiner and P.W. 7 Sajjan Singh, a Crl.A. No. 808 of 2005 REPORTABLE 3 resident of Moga who deposed to the demands for dowry made by the accused even a day before the incident. The prosecution case was then put to the accused and they denied the allegations levelled against them and on the contrary pleaded that as Balbir Kaur was a qualified Steno-typist she wanted to join service and live at Moga but as her parents-in-law were old they had insisted that she stay at home to look after the house hold chores and this frustration had led her into a depression and finally to suicide. The trial court, on a consideration of the evidence, acquitted the accused for the offence punishable under Section 302/34 of the Indian Penal Code but convicted them for the offence punishable under section 304B and awarded a sentence of 7 years rigorous imprisonment. An appeal was thereafter filed by the accused before the High Court. The High court partly allowed the appeal inasmuch that it held that a case under Section 304B of the IPC was not made out but the accused were nonetheless liable to conviction under Section 306 for having abetted the suicide of Balbir Kaur. The Court found as a fact that there was absolutely no evidence to show that Balbir Kaur's suicide was a dowry death as the evidence with respect to the demands for dowry were both vague and stale and could not form the basis for Crl.A. No. 808 of 2005 REPORTABLE 4 conviction. This is what the Court had to say:

The Court nevertheless went on to hold that though there were no specific instances of demands of dowry yet an inference that certain demands had been made was available from their testimony and the other documentary evidence on record and particularly, that no woman who had a young child would commit suicide (as had happened in the present case) unless she had been driven to it by the ill treatment meted out to her. The accused were, accordingly, acquitted of the offences under Section 304B of the IPC but convicted under Section 306 IPC and awarded a sentence of four years. It is the conceded case that a Special Leave Petition filed by Nachhattar Singh, the husband, has since been dismissed. The present appeal is thus confined only to the in-laws i.e. Nirmal Singh and Crl.A. No. 808 of 2005 REPORTABLE 5 Harbans Kaur, the appellants before us.
Joydeep Mukharjee vs State Of West Bengal & Ors

Petitioner, who claims to be a public spirited person from the State of West Bengal and a member of the All India Legal Aid Forum, which is an organisation stated to be working for upliftment of the downtrodden, has filed the present Public Interest Litigation claiming the following relief:

b) pass an order directing the Calcutta High Court to send the case record of CO No.7553(W) of 1986, Bidhannagar (Salt Lake) Welfare Association vs. State of West Bengal to furnish the same to this Hon'ble Court with notice to the petitioner therein and to hear and dispose of the said CO No.7553(W) of 1986 on its merit after setting aside the order dated 2.9.2003.

It is alleged that the Chief Minister's discretionary quota was created by unlawful and confidential executive orders without even informing the Cabinet and illegally usurping the statutory powers of the Administrator. Further that the State Government formed a Salt Lake Advisory Committee which started distributing the plots clandestinely. Certain deviations were also made from the Master Plan. The Government started carving out new residential plots from the land originally earmarked for civic amenities, ecological balance, maintenance, public facilities etc. in violation of the approved Master Plan. Sometime in the year 1985, in view of the serious public protest, the Government dissolved the Salt Lake Advisory Committee and amended the Act by West Bengal Government Township (Extension of Civic Amenities) (Amendment) Act, 1985 (for short, the `1985 Amendment Act'). The amendment also validated the allotments which had been made since October 1, 1976.

As already noticed, Writ Petition No.7553 of 1986 was filed before the Calcutta High Court praying for issuance of an appropriate direction to the authorities not to deviate from the Master Plan and to declare the 1985 Amendment Act as ultra vires. Still another writ petition being Writ Petition No.17306 of 1997 was filed before that Court challenging the exercise of discretionary powers by the Chief 6 Minister in regard to allotment of plots in the Salt Lake City. Challenge was also raised against the deviation from the Master Plan and various instances of the same were given in that writ petition. The writ petition, particularly, referred to Sectors 1, 2 and 3 of the City. As alleged by the petitioner herein, Writ Petition No. 7553 of 1986 came to be dismissed for default without deciding the case on merits vide order dated September 2, 2003.