L-NLProc/TathyaNyaya-and-FactLegalLlama-NyayaScrape-Datasets huggingface dataset:
Shipping Corporation Of India Ltd vs M/S. Bharat Earth Movers Ltd. & Anr

It arrived at the Port of Madras on 17.12.1994.

4. A part of the consignment was found in damaged condition. An inspection therefor was made. Some damage was noticed in five cases. On the premise that the damage of short delivery had been caused due to negligence on the part of the employees of the appellant, a suit was filed on the original side of the Madras High Court. Claim of damage, however, was therein confined to two cases only, viz., case Nos. 00002 and 0013. In the said suit, the following relief was prayed for:

7. The Division Bench of the High Court in an intra-court appeal preferred by the appellant herein affirmed the said finding relying on or on the basis of Clause 6 of the Bill of Lading, stating:

7. I hold that the contract is governed by Indian Carriage of Goods by Sea Act and the defendant is liable to the extent of the plaintiff's claim and these two issues are therefore answered against the defendant."

With respect, the approach of the High Court is wrong. If the plaintiff

- respondent confined its claim of damages only for two cases, there was no room for making the observation that the liability must be calculated taking into consideration the weight of 16 cases. Even in support of the said conclusion, no reason has been assigned. The discussions of the High Court end with the said finding which apparently is contrary to the statutory provisions.

20. We, therefore, are of the opinion that the liability of the appellant being limited and that too in respect of the two cases, the matter should be considered afresh in the light of the observations made hereinbefore by the learned Single Judge. To the aforementioned extent, the judgments and decrees of the High Court are set aside.

21. The appeal is allowed to the aforementioned extent. There shall, however, be no order as to costs.
Sheikh Abdul Rashid & Ors vs State Of J&K; & Ors

They were promoted on officiating basis on 19.05.1979.

4. The Government of Jammu and Kashmir, however, on or about 01.08.1985 issued a notification directing their promotion with retrospective effect ignoring the seniority of the appellants herein inter alia stating:

5. Realising that the said order may be held to be illegal by a court of law, by an order dated 3.12.1985 the same was cancelled. On the same day, however, by an order No. 1263 of 1985, promotions were directed to be granted with retrospective effect from 25.04.1978, i.e., from the date on which the respondents were brought on promotion List E.

in the ratio and in the manner specified against each post in Schedule II.

14. Recruitment by promotion (1) There shall be a Departmental Promotion Committee constituted by the Government from time to time who shall examine the promotion cases.

20. Maintenance of seniority lists Seniority of the members of the service shall be regulated under the Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956. The Administrative Department shall maintain an up to date and final seniority lists in each grade of the service."

20. Similarly, although the statute provides for grant of officiating promotion, but the same is not conducive in the sense that even after getting officiating promotion, one may be reverted to the original post held by him. We do not mean to say that the seniority would be reckoned from the date of confirmation but we only intend to point out that the Rules having been provided for officiating promotion, the learned Single Judge was correct in taking that factor also into consideration for the purpose of determining the validity of the impugned order before the High Court. The said order dated 3.12.1985 even otherwise appears to be mala fide having been passed for unauthorised purpose. If the said order dated 3.12.1985 is read with the earlier one being dated 1.08.1985, the intention of the Government to favour the private respondents herein becomes explicit. It is not expected of a government to brazenly favour one set of employees so as to defeat the bona fide claim of the other set of employees. We, therefore, are of the opinion, that the impugned judgment cannot be sustained which is set aside accordingly. The appeals are allowed.

21. However, in exercise of our discretionary jurisdiction under Article 142 of the Constitution of India, we direct that despite this order if any monetary benefit has been conferred upon the private respondents, the same may not be recovered.
U.P. State Road Transport Corporation vs Vinod Kumar

3. Respondent-workman was appointed as a Conductor in the U.P. State Road Transport Corporation (the appellant herein) on 26.9.1991. Respondent was conducting the bus on Kalsi- Chhani route, which was checked and, on inspection it was found that out of 45 passengers, 28 passengers from Kalsi to Chhani were without ticket. The Inspecting Team found that the Conductor had already recovered fare from 8 such without- ticket passengers. That he had issued 6 tickets which were not in seriatim and their original copies were not completely filled. That entry of these tickets was not made in the Way Bill. The inspecting team made an endorsement to this effect on the Way Bill and got the signatures of respondent as a proof thereof. On the report of the inspecting team, charge-sheet was issued to the respondent and he was placed under suspension. Later on, respondent was reinstated in service subject to the final result of the disciplinary proceedings initiated against him.

4. The Enquiry Officer, after holding the enquiry, submitted his report wherein it was held that the charges were partially proved against the respondent. The enquiry report was considered by the Punishing Authority, which disagreed with certain conclusions arrived at by the Enquiry Officer. After recording detailed reasons for disagreement with the conclusions arrived at by the Enquiry Officer, the Punishing Authority issued a show-cause notice to the respondent enclosing therewith a copy of the enquiry report. It was provided in the said notice that the workman can inspect the record or obtain the copy thereof, if he so desires. Respondent filed its reply to the said show-cause notice. Considering the entire material on record including the reply to the show-cause notice submitted by the respondent, Punishing Authority passed the detailed order, removing the respondent from service. Balance salary for the period of suspension was also forfeited.

[Underlining is ours]

11. Respectfully agreeing and following the aforesaid decision of this Court, we accept this appeal and set aside the judgment of the High Court as well as the order passed by the Labour Court. Consequently, the order passed by the Punishing Authority dismissing/removing the respondent from service is restored. No costs.
G.M., Indian Bank vs R. Rani & Anr

2. The private respondents in these appeals were appointed in the banks against the vacancies of Scheduled Tribe as they claimed themselves to be members of Konda Reddy Community which is a Scheduled Tribe. Most of them were appointed by the Indian Bank but some of them by the State Bank of India. Subsequently it transpired that they did not belong to Konda Reddy Community, as such an enquiry was directed which was conducted by a District Level Committee which found that they did not belong to Konda Reddy Community and accordingly certificates granted in their favour were cancelled. In all the cases, except in Civil Appeal No. 54/2005, the private respondents challenged the aforesaid decision of the District Level Committee before the State Level Committee which confirmed the same in most of the cases whereas in other cases matters remained pending before the State Level Committee. In the meantime, in accordance with the decisions of District Level Committee the services of private respondents were terminated which necessitated filing of the Writ Petitions before the High Court, which have been allowed by different orders. In all the cases orders passed by the Committee cancelling the certificates and consequential orders of termination have been quashed and it has been directed that it would be open to the properly constituted Committee to hold fresh enquiry in accordance with law. In some of the Writ Petitions directions have been given for reinstatement also. In relation to payment of back-wages it has been directed in some of the Writ Petitions that the same would abide the result of enquiry by a properly constituted Committee. In Civil Appeal No. 54/2005 against the order of single Judge when the matter was taken in appeal the same has been confirmed whereas in other cases no appeal was filed. Hence, these appeals by the Indian Bank as well as State Bank of India by Special Leave.

10. For the foregoing reasons we do not find any merit in these appeals which are accordingly dismissed and the District Level Committee, now duly constituted by the State Government, is directed to decide the matter afresh in accordance with law within a period of six months from the date of receipt/production of a copy of this order. In the circumstances of the case, we direct that there shall be no order as to costs.
Abdul Gafur & Ors vs The State Of Assam

3. Background facts according to the prosecution in a nutshell are as follows:

6. The convicted accused persons preferred an appeal before the High Court. As afore-stated the High Court dismissed the appeal and affirmed the conviction and sentence.

11. The aforesaid infirmities in the background of admitted animosity between the parties renders the prosecution version unacceptable. The Trial Court and the High Court did not analyse the evidence correctly and acted on mere surmises and conjectures. That being so, the appellants deserve to be acquitted, which we direct.

12. Appeal is allowed. The appellants are acquitted of the charges. They be set forth at liberty if not required in any other case.
Sakiri Vasu vs State Of U.P. And Others

4. The son of the appellant was a Major in the Indian Army. His dead body was found on 23.8.2003 at Mathura Railway Station. The G.R.P, Mathura investigated the matter and gave a detailed report on 29.8.2003 stating that the death was due to an accident or suicide.

7. The first Court of Inquiry was held by the Army which gave its report in September, 2003 stating that it was a case of suicide. The appellant was not satisfied with the findings of this Court of Inquiry and hence on 22.4.2004 he made a representation to the then Chief of the Army Staff, General N.C. Vij, as a result of which another Court of Inquiry was held. However, the second Court of Inquiry came to the same conclusion as that of the first inquiry namely, that it was a case of suicide.

35. It has been stated in the impugned order of the High Court that the G.R.P. at Mathura had investigated the matter and gave a detailed report on 29.8.2003. It is not clear whether this report was accepted by the Magistrate or not. If the report has been accepted by the Magistrate and no appeal/revision was filed against the order of the learned Magistrate accepting the police report, then that is the end of the matter. However, if the Magistrate has not yet passed any order on the police report, he may do so in accordance with law and in the light of the observations made above.

36. With the above observations, this appeal stands dismissed.
District Basic Eduction Officer vs Dhananjai Kumar Shukla And Anr

(xii) Brother's or cousin's wife. The post of Headmaster inter alia fell vacant in Janta Adarsh Madhyamic Vidyalaya, Newada Khurd, Kalan, Etawa. An advertisement therefor was issued by the manager of the said school. In purported response to the said advertisement the respondent No.1 filed an application before the manager of the school praying for his appointment. The manager by a letter dated 18.8.1998 asked for approval thereof from the District Education Officer, Itawah.

It appears the father of respondent No.1, who was the manager of the said school on the relevant date, sought for leave from the President of the Managing Committee of the said school stating:

As basic foundational fact stands admitted before us, we are of the opinion that the judgment of the High Court cannot be sustained. The appointment of Respondent No.1 being contrary to the mandatory provisions as contained in Rule 6 of the Rules, the same was a nullity. An appointment which was per se illegal could not have been directed to be leglised only because the appellant did not file its counter affidavit. It did not admit the respondent's claim The question involved in the writ petition was a legal question. As indicated hereinbefore, the foundational facts are undisputed.

We, having regard to the facts and circumstances of the case, are of the opinion that whether in law or in equity, it would be wholly improper to permit respondent No.1 to continue to act as a Headmaster.

For the reasons aforementioned, this appeal is allowed and the impugned judgments are set aside. The writ petition filed by respondent No.1 shall stand dismissed. However, in the facts and circumstance of the case, there shall be no order as to cots.
U.P. State Agro Industrial Corporation ... vs Kisan Upbhokta Parishad & Ors

3. The respondent in this appeal, which is a Union of cane growers and looks after the interest of sugarcane farmers in Meerut District, was the petitioner in the writ petition before the Allahabad High Court. It was alleged in the writ petition that cane growers of the area require implements and other equipments for agriculture. For this purpose it purchases Animal Driven Vehicles (hereinafter called ADV carts) in order to transport the sugarcane from the agriculture fields to the sugar factories or other places where it is required to be sent. The State Government from time to time has provided a subsidy on the purchase of ADV carts and other agricultural implements.

4. It appears that the State Government issued an order dated 20.11.1996 stating that all kinds of agricultural implements driven by hand operation or animal power should be purchased from the U.P. State Agro Industrial Limited. The short question in the writ petition before the High Court was whether the ADV carts are agricultural implements. If, they are then in order to get subsidy, purchases had to be made only from the Corporation and not from other parties.

5. The Cane Commissioner, U.P. issued a letter dated 5.3.1999, copy of which is Annexure P-2 to this appeal, stating that in pursuance of the aforesaid Government order dated 20.11.1996 of the U.P. Government, ADV carts can only be purchased from the U.P. State Agro Industrial Limited. This order dated 5.3.1999 of the Cane Commissioner was challenged in the writ petition on the ground that it was in conflict with the Government order dated 20.11.1996.

18. It is not necessary for us to deal with this submission because we have earlier held that an ADV cart is not an agricultural implement since it is not a tool. In view of the above we find no merit in this appeal and it is accordingly dismissed. No costs
Laxman Prasad vs Prodigy Electronics Ltd. & Anr

3. Shortly stated the facts are that 'Prodigy Electronics Ltd.'-plaintiff (respondent No.1 herein) ('the Company' for short) was formed and incorporated under the laws of Hong Kong and is engaged in the business of trading electronic goods under the name and style 'Prodigy Electronics', Hong Kong. The main area of business of the Company is Printed Circuit Board (PCB). The business carried on by the Company involves keen understanding of the requirements of the customers in order that the products may be manufactured to the specific needs of the customers and they may be made available at competitive prices. The Company is, therefore, required to take care of the consumer- complaints, if any. It also involves a reach into the market identifying the potential consumers of the products which involves substantial investment of time, effort and finance. According to the Company, it has developed solid reputation in India under the trade name and trade mark 'Prodigy Electronics' in the field of electronics generally and PCBs particularly.

9. The appellant-defendant has challenged the said order by filing the present appeal. On August 7, 2006, notice was issued by this Court and in the meantime further proceedings in the suit were stayed.

8. The High Court, as observed earlier, considered the application of the defendant and by the impugned order, dismissed it holding that the agreement did not take away jurisdiction of the Court as contended by the defendant and the application had been filed only with a view to delay the progress of the suit which was liable to be dismissed and it was accordingly dismissed with costs of Rs.4,000/-.

(emphasis supplied)

32. So far as imposition of costs is concerned, normally it is in the discretion of the Court. When the Court, in the light of the facts before it, satisfied that the defendant wanted to delay the proceedings and ordered him to pay costs of Rs.4,000/-, it would not be appropriate to interfere with that part of the order.

33. For the foregoing reasons, the appeal deserves to be dismissed and is accordingly dismissed. However, in the facts and circumstance of the case, there shall be no order as to costs.
National Insurance Co. Ltd vs Deepa Devi & Ors

4. The car in question was requisitioned during the Assembly Elections in the year 1993 by the Sub-Divisional Magistrate Rampur through the Deputy Commissioner, Shimla. The said vehicle was in possession as also under the control of the said officer. On or about 17.11.1993 while the Sub- Divisional Magistrate Rampur was travelling in the said vehicle, an accident occurred as a result whereof a boy named Satish Kumar sustained injuries. He later on expired.

We are also not concerned with such a situation.

18. We, therefore, are of the opinion that the State shall be liable to pay the amount of compensation to the claimants and not the registered owner of the vehicle and consequently the appellant herein.

17. For the reasons aforementioned, the impugned judgment cannot be upheld. It is set aside accordingly. The appeal is allowed. No costs.
Indu Nissan Oxo Chemicals Ind.Ltd vs Union Of India And Ors

4. After hearing the parties, the CESTAT inter alia noted as follows:

16. For a hardship to be 'undue' it must be shown that the particular burden to have to observe or perform the requirement is out of proportion to the nature of the requirement itself, and the benefit which the applicant would derive from compliance with it.

18. We do not find any infirmity in the order directing deposit of Rupees two crores as affirmed by the High Court. The appellant is granted three months time to deposit the amount fixed by the CESTAT. If it is not deposited within the aforesaid time, the appeal before the CESTAT shall stand dismissed.

19. The appeal is disposed of accordingly with no order as to costs.
Sewa Ram And Another vs State Of U.P

behind her was the complainant and behind him was Jagan Nath. Suddenly accused Ram Prasad, Sewa Ram and Parmeshwari having 'Lathis' in their hands and accused Sunder Lal having 'Kanta' in his hand suddenly came out from the sugar cane field and began to beat Smt. Genda Devi on which the complainant and Jagan Nath cried for help. Accused Ram Prasad and Sewa Ram then beat the complainant with 'Lathis'. The complainant and Jagan Nath ran away towards the village Kangavan and the accused ran away towards east. The complainant and Jagan Nath saw Smt. Genda Devi and found that she had died in the paddy field. The accused persons had murdered Smt. Genda Devi due to enmity of litigation. Thereafter the complainant informed the residents of village Chandpura and the 'Chaukidar', Pradhan and other people of the village, who came with the complainant to the spot. It had fallen dark and due to fear, he at once did not come to the police station to lodge the F.I.R. and remained sitting the whole night looking after the dead body. In the next morning on 23.8.1980, the complainant lodged the F.I.R.(Ex. Ka. 3) at the Bisalpur police station. The crime was registered as crime No. 247 under Sections 302/323 I.P.C. at the Bisalpur police station and the S.O. Ram Lakhan Singh was entrusted with the investigation of the case. The details were entered in the G.D., a copy of which is Ex.Ka.

7. The case of the prosecution was that in view of the factual background offence punishable under Section 302 read with Section 34 IPC is made out. The High Court, as noted above, dismissed the appeal filed by the appellants.

15. When the factual background is considered in the light of the principles highlighted above, the inevitable conclusion is that the appellants have been rightly convicted in terms of Section 302 read with Section 34 IPC.

16. The appeal is without merit and is dismissed.
Shakur Basti Shamshan Bhumi Sudhar ... vs The Lt. Governor, National Capital ...

6. By an order dated 13th January, 1997 the Special Leave Petitions were dismissed observing :-

10. A suit was filed by one Balvant Rai. It related to Khasra No.181/2. A prayer was made therein that the said cremation ground at Shakur Basti be retained.

14. The Lieutenant Governor of Delhi reviewed his order on 23rd April, 2002 which was communicated to the appellant on 20th June, 2002.

15. However, after the aforesaid order of allotment was made, one Smt. Jyotsna Kashap a resident of an adjoining Kailash Colony approached the High Court by filing a writ petition which was numbered as CWP No.3612 of 2001. By an order dated 22nd July, 2002 a learned Single Judge of the High Court disposed of the said writ petition, the relevant part whereof reads as under :-

18. A separate writ petition was filed by the appellant wherein the aforesaid Smt. Jyotsna Kashyap and others, some of the cooperative group housing societies were impleaded as parties. It was marked as CWP No. 5567 of 2002. A learned Single Judge disposed of the said writ petition by an order dated 23rd October, 2002 which reads :-

28. The second round of litigation started with challenging the order of closure dated 3.06.1998 passed by the High Court but by the appellant by filing a writ petition. The said writ petition was dismissed. Leaving recourse to its remedies on the judicial side, the appellant moved the Lt. Governor on administrative side. The land in question was directed to be allotted and on the basis thereof only the appellant had gone back to the High Court.

32. It is one thing to say that the cremation ground could be directed to be continued at the old site but it is another thing to say that the appellant acquired any legal right over the land.

40. As a statutory authority, the Lt. Governor could not ignore the development plan. As the earlier order passed by a statutory authority was a nullity, an order recalling the same shall not be allowed to operate only because certain formalities (assuming there were some) in passing the same have not been complied with.

41. It is now well-known that a writ court in exercise of its jurisdiction under Article 226 of the Constitution of India need not quash an order if it gives rise to another illegal order or may quash both the orders.

42. In this view of the matter we are of the opinion that no case has been made out for interference with the impugned judgment.

43. For the reasons aforementioned, we do not see any infirmity in the impugned judgment. The appeal is dismissed with costs payable to D.D.A. Counsel's fee assessed at Rs.25,000/-.