L-NLProc/TathyaNyaya-and-FactLegalLlama-NyayaScrape-Datasets huggingface dataset:
Public Service Commission, ... vs Jagdish Chandra Singh Bora & Ors

By the aforesaid judgment, the High Court has given a direction to the appellant to give weightage of 10 bonus marks to the trained apprentice candidates as per the “Uttaranchal Subordinate Service [Emergency Direct Recruitment (First Amendment)] Rules, 2003” in the selection held by UPSC; and after adding 10 marks, merit list of the selected candidates be prepared and recommended for the appointment to the Government. It has also been directed that all the successful candidates shall be given appointment in the remaining vacancies of the Junior Engineers in the various departments of the Government and the instrumentalities of the State according to the merit list of apprentices selected in the merit list. It has been further directed that the aforesaid order shall survive for one year from the date of its publication.

3. In the year 2001, large number of vacancies of Junior Engineers existed in various departments of the State of Uttaranchal. Therefore, a proposal was sent by the State Government on 2nd November, 2001 to the PSCU for conducting a written examination. The written examination had to be conducted by IIT, Roorkee as the PSCU did not have the necessary infrastructure. The PSCU had been established in May, 2001 soon after the State of Uttaranchal came into existence on 9th November, 2000. On 12th November, 2001, the Government of Uttaranchal framed Uttaranchal Subordinate Engineering Service (Emergency Direct Recruitment) Rules, 2001 under proviso to Article 309 of the Constitution of India. These rules were notified vide Gazette Notification No.1973/One-2001 dated 12th November, 2001. It appears that these rules were framed only for filling up large number of post of Junior Engineers which became available upon the creation of State of Uttaranchal. Therefore, the rules specifically provided as follows :-

5. On 27th November, 2001, the State issued an advertisement for filling up the vacancies of Junior Engineers, which was accompanied by a prescribed format of the application form. The terms and conditions of the advertisement were strictly in conformity with the 2001 rules. The written examination was held by the IIT Roorkee on 12th January, 2002. The result of the written examination was declared on 10th July, 2003.

29. For the reasons stated above, we are of the opinion that the judgment rendered by the High Court is unsustainable in law and the same is hereby set aside. The appeals are allowed with no order as to costs.

March 3, 2014.
Ranjit Kumar Bose & Anr vs Anannya Chowdhury & Anr

2. The appellants have inducted the respondents as tenants in respect of a shop room measuring 600 sq. feet at HA-3, Sector-3, Salt Lake City, Kolkata, and paying a monthly rent to the appellants. In respect of the tenancy, the appellants and the respondents have executed an unregistered tenancy agreement which has been notarized on 10.11.2003. On 06.03.2008, the appellants, through their Advocates, served a notice on the respondents terminating the tenancy and asking them to vacate the shop premises and the notice stated that after April, 2008 the relationship of landlord and tenant between the appellants and the respondents shall cease to exist and the respondents will be deemed to be trespassers liable to pay damages at the rate of Rs.500/- per day for wrongful occupation of the shop. The respondents, however, did not vacate the shop premises and the appellants filed Title Suit No.89 of 2008 against the respondents for eviction, arrears of rent, arrears of municipal tax, mesne profit and for permanent injunction in the Court of the Civil Judge (Senior Division), 2nd Court at Barasat, District North 24-Parganas in the State of West Bengal. In the suit, the respondents filed a petition under Section 8 of the Arbitration and Conciliation Act, 1996 (for short ‘the 1996 Act’) stating therein that the tenancy agreement contains an arbitration agreement in clause 15 and praying that all the disputes in the suit be referred to the arbitrator. By order dated 10.06.2009, the learned Civil Judge dismissed the petition under Section 8 of the 1996 Act and posted the matter to 10.07.2009 for filing of written statement by the defendants (respondents herein).

15. For the aforesaid reasons, we allow this appeal and set aside the impugned judgments of the High Court and the Civil Judge, Senior Division, and remand the matter to the learned Civil Judge, Senior Division, who will now give an opportunity to the respondents to put in their written statements and thereafter proceed with the suit in accordance with law. Considering the peculiar facts of this case, there shall be no order as to costs.
Dineshan K.K vs R. K. Singh & Anr

2. The High Court while disposing of the writ petition filed by the petitioner herein had issued certain directions to the Union of India and its officer to re-designate the petitioner from the rank of Hawaldar (Radio Mechanic) to Warrant Officer as recommended by the Ministry of Home affairs and also to extend the pay-scales as given to the rank counter parts in the Central Reserve Police Force (CRPF) and Border Security Force (BSF).

3. Being aggrieved by the order and directions issued by the High Court, the Union of India and Anr. through their respective officer(s) had filed Civil Appeal No. 25 of 2008 before this Court inter alia questioning the judgment and order passed by the Gauhati High Court in Writ Petition No. 497 of 2001, dated 11.02.2005. The alleged contemnors herein Mr. R.K. Singh, Secretary, Government of India and Lt. General Ranvir Singh, Director General of Assam, Rifles were the respondent Nos. 1 and 2, respectively in the aforesaid appeal.

13. In the instant case, the complainant/petitioner had approached the High Court for certain reliefs. The High Court has granted those reliefs to the petitioner and while doing so the High Court has issued certain direction(s) to the respondents to do a particular thing in a particular manner. The respondents, namely, the Union of India and other officers disturbed by the order and directions issued by the High Court had filed the special leave petition which on grant of leave had converted into civil appeal. This Court after hearing the parties did not find merit in the appeal and therefore, dismissed it.

15. In view of the aforesaid aspects of the matter, in our considered opinion, though we hold that when the judgment and order passed by the High Court has merged with the order passed by this Court while disposing of the civil appeal, we direct the complainant/petitioner to file an appropriate contempt petition before the High Court for the alleged disobedience of the orders and directions issued by the High Court within two months' time from today. If such a contempt petition is filed, the High Court would consider the same in accordance with law after giving an appropriate opportunity of hearing to all the parties concerned.

16. With these observations, the contempt petition is disposed of.

17. We clarify that we have not expressed any opinion on the merits of the contempt petition.

Ordered accordingly.
Commissioner Of Income Tax-Iii vs M/S. Calcutta Knitwears, Ludhiana

6. The respondent in this appeal is a firm engaged in manufacturing hosiery goods in the name and style of M/s. Calcutta Knitwears.

7. A search operation under Section 132 of the Act was carried out in two premises of the Bhatia Group, namely, M/s. Swastik Trading Company and M/s. Kavita International Company on 05.02.2003 and certain incriminating documents pertaining to the assessee firm were traced in the said search.

10. The assessing authority, after due consideration of the reply filed to the show cause notice, has rejected the aforesaid stand of the assessee and assessed the undisclosed income as Rs. 21,76,916/- (Rs.16,05,744/- (unexplained investment) and Rs.5,71,172/- (profit element)) by order dated 08.02.2008. The assessing officer is of the view that Section 158BE of the Act does not provide for any limitation for issuance of notice and completion of the assessment proceedings under Section 158BD of the Act and therefore a notice could be issued even after completion of the proceedings of the searched person under Section 158BC of the Act.

12. The Revenue had carried the matter further by filing appeal before the Income Tax Appellate Tribunal (for short 'the Tribunal') and the assessee has filed cross objections therein. The Tribunal, after hearing the parties to the lis, has rejected the appeal of the Revenue and observed that recording of satisfaction by the assessing officer as contemplated under Section 158BD was on a date subsequent to the framing of assessment under Section 158BC in case of the searched person, that is, beyond the period prescribed under Section 158BE(1)(b) and thereby the notice issued under Section 158BD was belated and consequently the assumption of jurisdiction by the assessing authority in the impugned block assessment would be invalid, by order dated 23.04.2009.

44. In the result, we hold that for the purpose of Section 158BD of the Act a satisfaction note is sine qua non and must be prepared by the assessing officer before he transmits the records to the other assessing officer who has jurisdiction over such other person. The satisfaction note could be prepared at either of the following stages:

46. With these observations, the appeals are disposed of. The matters are remanded to the respective High Courts for deciding the matters afresh after affording an opportunity of hearing to the parties.

Ordered accordingly.

WITH C.A.NO.3991 OF 2014 @ S.L.P.(C)NO.15368 of 2013:
Kanhaiya Lal vs State Of Rajasthan

3. and he was tried for the alleged offences under Section 302 and 201 IPC and on being found guilty was convicted and sentenced to undergo imprisonment for life and to pay fine of Rs.1000 in default to undergo simple imprisonment for 6 months for the offence under Section 302 IPC and further sentenced to undergo 3 years Rigorous Imprisonment and to pay a fine of Rs.500 in default to undergo simple imprisonment for 3 months for the offence under Section 201 IPC, and the sentences were ordered to run concurrently. Accused No.1 Raman Lal was also tried along with accused No.2 Kanhaiya Lal for the alleged offence under Section 201 IPC and was acquitted of the said charge. Challenging the conviction and sentence, accused No.2 Kanhaiya Lal preferred the appeal in D.B. Criminal Appeal No.515 of 2004 and the High Court by judgment dated 17.4.2012 dismissed the appeal. Challenging the same the appellant Kanhaiya Lal has preferred the present appeal.

4. The case of the prosecution in a nut shell is as follows:

5. Shantibai lodged a report at the Police Station about the missing of her husband. The villagers found Muffler, shoes and tobacco pouch floating in the well of accused Kanhaiya Lal. PW3 Kama lodged Ex.P10 written report before the Police Station Bichhiwara. Police took out the body of Kala from the well and a case came to be registered in Ex.P10 FIR No.230 of 2003 for the alleged offences under Section 302 and 201 IPC. PW12 Fateh Singh Chauhan took up the investigation. Ex.P11 is the spot map. Ex.P13 is the Panchayatnama. Ex.P14 is the seizure Memo of shoes, Muffler and tobacco pouch.

7. The accused were arrested and on completion of the investigation final report came to be filed. In order to prove the case, the prosecution examined 15 witnesses and marked 26 documents. No witness was examined on the side of the defence. The accused were questioned under Section 313 Cr.P.C. and their answers were recorded. The trial court found accused No. 2 Kanhaiya Lal guilty of the charges under Sections 302 and 201 IPC and sentenced him as narrated above. The trial court found accused No.1 Ramam Lal not guilty of the charge -

8. and acquitted him. Accused No.2 Kanhaiya Lal preferred the appeal and the High Court dismissed the appeal by confirming the conviction and sentence imposed on him. Aggrieved by the same he has preferred the present appeal.

18. accused and the crime. Mere non-explanation on the part of the appellant, in our considered opinion, by itself cannot lead to proof of guilt against the appellant.

23. In view of the aforesaid circumstances, it is not possible to sustain the impugned judgment and sentence. This appeal is allowed and the conviction and sentence imposed on the appellant/accused Kanhaiya Lal are set aside and he is acquitted of the charge by giving benefit of doubt. He is directed to be released from the custody forthwith unless required otherwise.

March 13, 2014
Bhagwan Tukaram Dange vs State Of Maharashtra

2. The prosecution story is as under:

from the wife of A-1. On refusal, she was severely beaten up and asked to bring it from her parental house. A-2 then sprinkled kerosene from a plastic can over the body of the deceased and A-1 then lit a match-stick and set fire on the saree of the deceased. Deceased shouted for help and rolled down on the ground and ultimately succeeded in extinguishing the fire, but by the time she had suffered more than 80 per cent burns over the body. On getting information, parents of the deceased came to the spot and took her to the nearby Public Health Centre, Mayani. After first aid, the deceased was referred to the Civil Hospital, Satara and on 19.10.1998, at about 3.10 AM she was admitted there. Dr. Barge, PW1 treated her and informed Head Constable Shelar (PW5) regarding the admission of the deceased, in an injured condition. PW1 found that she was fully conscious and was in a condition to give statement. PW5, in the presence of PW1, recorded the dying declaration (Ext.P26). Later, Special Judicial Magistrate (PW4) reached the Civil Hospital, Satara. Dr. Suresh Pawar (PW3) informed PW4 that the deceased was fully conscious and was in a condition to give statement. PW4 recorded the second dying declaration (Ext.P23) of the deceased, which was sealed in an envelope (Ext.P24) and was deposited in the Court of the CJM, Satara. Father of the deceased, Rajaram Mahadu Tupe (PW6), also met the deceased, who had also narrated the same incident to him, which was considered as the third dying declaration.

3. PW7, the investigating officer, came to the spot of the incident and prepared the spot panchnama. PW7 seized the plastic can, match stick and partly burnt cloths from the spot where the deceased extinguished the fire by rolling on the ground. The deceased succumbed to the burn injuries on 21.10.1998 and accused were charge-sheeted.

15. Resolution, referred to above read with Annexure I, would indicate that the appellant has to serve a period of minimum 20 years with remission. Since the appellant has already suffered 16 years of sentence without remission, the State Government is directed to consider as to whether he has satisfied the requirement of Resolution dated 11.04.2008 read with Annexure I and, if that be so, he may be set free if the period undergone by him without remission would satisfy the above-mentioned requirement.

16. The appeal is disposed of with the above direction.
Kesharbai @ Pushpabai Eknathrao ... vs Tarabai Prabhakarrao Nalawade & Ors

3. The admitted facts are that plaintiff Nos. 1 and 2 to 4 are the wife and children of deceased Prabhakarrao s/o Saluba respectively. Defendant Nos. 7 and 8 to 12 are the wife and children of deceased Trimbakrao s/o Deorao respectively. Defendant Nos. 13 to 15 are the subsequent purchasers of land from the plaintiff. For better understanding of the inter-se relationship between the parties, it would be appropriate to reproduce here the genealogy table of the family, as noticed by the trial court:

5. It was claimed that property at Sl.Nos.I and II were jointly purchased by deceased Deorao and deceased Saluba in the name of Deorao. The house at Sl.No.III was said to have been constructed on a plot jointly purchased by the two brothers. Both the brothers were residing in the same house during their life time. With regard to property at Sl.No.V, it was stated that both the brothers had purchased the plot on which the house is constructed. It was further claimed that the plot was purchased in the name of Eknathrao and his family was residing in that house. In short, it was claimed that during the life time of Deorao and Saluba, all the properties were jointly cultivated and were jointly enjoyed by all the family members. Trimbakrao was residing at Kannad and Eknathrao was residing at Aurangabad due to their employment. Similarly, Prabhakarrao was in service at different places. It was also the case of the plaintiffs that there was a family arrangement between Eknath, Trimbak and Prabhakarrao. Property at Sl.No.I was allotted to Trimbakrao and Prabhakarrao to the extent of half share each. Similarly, land at Sl.No.II was allotted to Trimbakrao (7 acres) and to Prabhakarrao (6 acres and 39 gunthas). Eknathrao was allotted 14 acres. After the family arrangement, it was alleged that everyone was in possession of the respective parts of land and their names were entered in the revenue record. It is the further claim of the plaintiffs that in the same family arrangement house at Sl.No.III was given in possession of Trimbakrao and Prabhakarrao to the extent of half share each. Eknathrao was put in possession of the entire open space known as ‘Girnichi Jaga’. It was specifically pleaded that house at Sl.No.V (hereinafter referred to as Nageshwarwadi Property) was not part of the family arrangement. It was exclusively in possession of the deceased Eknathrao and now in possession of petitioners herein, defendant Nos. 1 and 2 in the suit.

On the basis of the aforesaid findings, the suit of the plaintiffs was dismissed with costs.

(iii) Whether Civil Application No.10005 of 2007 filed for filing additional evidence should be allowed and in case it is allowed can the partition list dated 22.4.1985 be admitted in evidence?

22. In view of the aforesaid, we allow the appeal and set aside the findings recorded by the trial court on Issue No. III. The judgment of the Trial Court is confirmed on Issue No. III also. Consequently, the suit filed by the plaintiffs (respondents herein) shall stand dismissed.

March 14, 2014.
Brijesh Kumar & Ors vs State Of Haryana & Ors

3. Aggrieved, the petitioners and other persons interested filed references under Section 18 of the Act for enhancement of compensation and the Reference Court made the award on 7.9.2001 assessing the market value of the land @ Rs.1,85,000/- per acre and they were also given other statutory benefits.

4. Aggrieved, some of the persons interested filed appeals before the High Court, however, petitioners had chosen not to file appeal at the initial stage but filed the same in the year 2012 after a lapse of 10 years 2 months and 29 days. The High Court refused to condone the delay in spite of the fact that other persons who had preferred the appeals in time had been given a higher compensation.

16. In the instant case, after considering the facts and circumstances and the reasons for inordinate delay of 10 years 2 months and 29 days, the High Court did not find sufficient grounds to condone the delay.

17. In view of the facts of the case and the above-cited judgments, we do not find any fault with the impugned judgment. The petitions lack merit and are accordingly dismissed.
Sheela Jawarlal Nagori & Anr vs Kantilal Nathmal Baldota & Ors

6. Following up on the order passed by the Additional District Judge, the landlord issued a notice to the tenant on 13th February, 2006 terminating the tenancy under Section 106 of the Transfer of Property Act, 1882. The tenant did not respond to the notice and that led the landlord to file Civil Suit No. 207 of 2006 in the Court of the Small Causes Judge, Pune for eviction of the tenant. The suit was decreed on 3rd March, 2009 and the tenant was directed to deliver vacant possession of the suit property to the landlord.

7. Feeling aggrieved, the tenant preferred Civil Appeal No. 225 of 2009 before the District Judge but that was dismissed by judgment and order dated 19th January, 2012. The tenant was given two months time to vacate the suit property.

17. We find no merit in these petitions and they are accordingly dismissed. The interim applications are also dismissed.

……………………………………J (Ranjana Prakash Desai) ……………………………………J (Madan B. Lokur) New Delhi;

March 25, 2014
Western Elect.Sup.Co.Of Orissa Ld.& ... vs M/S Baba Baijanath Roller & Flour Mil.Ld

3. The respondent-writ petitioner is a registered company, inter alia, carrying on its business under the name and style of M/s. Baba Baijnath Roller and Flour Mill Pvt. Ltd., having installed a Mill in the district of Jharsuguda and is the consumer of the appellant herein.

4. The facts of the case, briefly, are as follows :

per month and according to the writ petitioner/respondent, the meter was defective and recording excessive consumption.

4.4 The writ petitioner/respondent challenged the action on the part of the appellant that when the inspection was made, at that point of time the officers of the appellant made a demand for illegal gratification since refused by the Manager of the respondent-company, the officers of the appellant raised such allegations and further the Manager was forced to sign several papers under duress and coercion.

56. The meters and associated equipment shall be properly sealed by the engineer and consumer’s acknowledgement obtained. The seals, nameplates, distinguishing numbers or marks affixed on the said equipment or apparatus shall not be interfered with, broken, removed or erased by the consumer. The meter, metering equipment, etc. shall on no account be handled or removed by any one except under the authority of the engineer. The engineer can do so in the presence of the consumer or his representative. An acknowledgement shall be taken from the consumer or his representative when seal is broken.

The appeal is allowed accordingly.”

16. In these circumstances, the appeals are allowed, the writ petitions filed by the respondent/writ-petitioner are dismissed and the order passed by the High Court is set aside.