L-NLProc/TathyaNyaya-and-FactLegalLlama-NyayaScrape-Datasets huggingface dataset:
Dr. Narendra K Amin vs State Of Gujarat And Anr

5. Background facts in a nutshell are as under:

According to the prosecution, role played by the appellant in the episode surfaced initially from the statements of Shri Nathubha Pravinsinh Jadeja who is a driver with ATS and Shri Vijay Arjun Rathod, Police Inspector relating to an alleged fake encounter. Therefore, process was started to find out the truth for which initially summons under Section 160 of the Code were issued. In response to it, the appellant appeared before the then investigating officer, Shri G.B. Padheriya and was not at all cooperating in disclosing the facts and was trying to avoid any question. It was apparent from the record that the appellant had already influenced the witnesses in whose statements his role had surfaced. His statement was recorded on 22.5.2007. The date of first statement of the appellant and the date of Shri Nathubha surrendering before the Chief Metropolitan Magistrate was the same. When Shri Nathubha appeared before the Chief Metropolitan Magistrate, IGP CID Crime submitted an affidavit dated 24.5.2007. The appellant was not available either at his residence or at the place where he was posted. Thereafter, by an order dated 8.6.2007 learned City and Sessions Court granted anticipatory bail against which Special Leave Petition was filed before this Court and the same was allowed on 13.8.2007 by quashing and setting aside the order of anticipatory bail granted by the learned City and Sessions Judge. Thereafter, charge sheet was filed on 16.7.2007.

6. As is evident from the rival stands one thing is clear that the parameters for grant of bail and cancellation of bail are different. There is no dispute to this position. But the question is if the trial Court while granting bail acts on irrelevant materials or takes into account irrelevant materials whether bail can be cancelled. Though it was urged by learned counsel for the appellant that the aspects to be dealt with while considering the application for cancellation of bail and on appeal against the grant of bail, it was fairly accepted that there is no scope of filing an appeal against the order of grant of bail. Under the scheme of the Code the application for cancellation of bail can be filed before the Court granting the bail if it is a Court of Sessions, or the High Court.

15. We have only highlighted the above aspects to show that irrelevant materials have been taken into account and/or relevant materials have been kept out of consideration. That being so, the order of granting bail to the appellant was certainly vulnerable. The order of the High Court does not suffer from any infirmity to warrant interference. The appeal is dismissed. However, it is made clear that whatever observations have been made are only to decide the question of grant of bail and shall not be treated to be expressing any opinion on merits. The case relating to acceptability or otherwise of the evidence is the subject matter for the trial Court.
Satish Suryavanshi & Ors vs State Of M.P.& Anr

Appellants contend that in relation to an almost identical matter, a First Information Report was logged at Nagpur on 19.3.2005. The trial is pending in connection therewith before the VIII Additional Chief Judicial Magistrate, Nagpur in Crime Case No. 175/2006. However, another case was filed by the said respondent before the Gwalior Police Station FIR No. 94/05. It appears some other proceedings 2 are also pending between the parties.

As the matter arising out of the First Information Report dated 19.3.2005 as also an additional complaint dated 15.11.2005 is already pending trial in the Court of VIII Additional Chief Judicial Magistrate, Nagpur, we are of the opinion that interest of justice would be subserved if the aforementioned case arising out of FIR No.94/2005 is transferred to Nagpur, so that both the matters could be consolidated and heard together. It is directed accordingly.

It goes without saying that if any additional charge-sheet is filed under any other provision of the Code, the same shall also be taken into consideration by the Trial Court. The Investigating Agency is directed to submit the charge-sheet in FIR No. 94/2005 as expeditiously as possible, preferably within a period of 30 days from the date of communication of this order.

The appeal is allowed with the aforementioned observation and direction.

..........................J (S.B. SINHA) ..........................J (LOKESHWAR SINGH PANTA) NEW DELHI, APRIL 28, 2008.
S. Rama Krishna vs S. Rami Reddy (D) By His Lrs. & Ors

Rami Reddy filed a complaint petition in the Court of Additional Judicial Magistrate First Class, Kurnool purported to be under Section 138 read with Section 142 of the Negotiable Instruments Act, 1881 (for short 'the Act') on 6.6.2001. It was registered as C.C. No. 368 of 2001. Rami Reddy expired on 28.10.2003. Respondents herein filed an application for substitution of their names in place of the said Rami Reddy on 22.12.2003. Appellant filed an objection thereto. No order was passed on the said application. The counsel appearing on behalf of the complainant started representing the proposed heirs of the said Rami Reddy. It appears that on or about 18.4.2005 till 23.1.2006, i.e., on 14 dates nobody represented the complainant.

12. The High Court itself had come to the finding that the respondents were not interested in getting the matter prosecuted. Despite the same, it allowed their appeal, opining that any lis between the parties should be decided on merits rather than on technicalities. On what basis such a statement of law was made is not known. No precedent was cited; no reason has been assigned.

13. The High Court, in our opinion, therefore, misdirected itself in passing the impugned judgment.

It can therefore not be sustained. We set aside the order of the High Court accordingly. The Appeal is allowed.
Kamala & Ors vs K.T. Eshwara Sa & Ors

A final decree was said to have been passed on 11.06.1955. Yet again, Ramusa executed a registered deed of sale on 30.08.1956 in favour of R. Vittal Sa in respect of 2 acres and 1 > guntas in Survey Nos. 22 and 23, 0.29 > guntas in Survey No. 47/2 and 0.13 = guntas in Survey No. 48/5. Dodda Chinnusa executed a registered deed of sale on 2.09.1956 in favour of K.G. Daktappa in respect of 2 acres and 1 > guntas in Survey Nos. 22 and 23, 0.29 > guntas in Survey No. 47/2 and 0.13 = guntas in Survey No. 48/5.

8. By an order dated 18.06.1956, the Trial Court directed the Commissioner to demarcate the lands falling in the share of the plaintiff and allot to him. Various interlocutory proceedings were initiated and several orders were passed thereupon. As noticed hereinbefore, the preliminary decree was amended declaring 1/4th share of the plaintiff and the defendant Nos. 1 to 3 with respect to all the properties by reason of an order dated 27.02.1963. Whereas according to the respondents, the parties had taken possession of the properties fallen in their respective shares and had been enjoying and even alienating them to the third parties, the appellant strenuously denied and disputed the same.

9. Respondent No. 1 thereafter filed a partition suit against Respondent No. 2 in the Court of City Civil Judge at Bangalore which was marked as OS No. 6180 of 2003. The said suit was dismissed as not pressed.

10. Appellant has filed a suit which was marked as OS No. 6352 of 2004 claiming partition in the properties, being the same as were described as Item Nos. 1, 2, 3 and 4 of the schedule appended to the plaint in OS No. 15 of 1953.

The subject matter of the said suit, it was urged, was three houses and the properties which have been alienated. Whereas the house properties are said to have been divided, the alienated properties were not, as would appear from the order dated 11.06.1955 and in that view of the matter, the impugned judgments cannot be sustained.

Each case, however, must be considered on its own facts.

32. For the reasons aforementioned, the impugned order cannot be sustained. The appeal is allowed. We, however, must make it clear that the parties would be at liberty to raise all contentions before the learned Trial Judge at appropriate stage (s). The parties shall, in the facts and circumstances of the case, bear their own costs of this appeal.
Govt. Of A.P. & Ors vs K. Brahmanandam & Ors

Respondents, however, contend that they were appointed as Secondary Grade Teachers at different places through due selection process and they had been performing their duties to the utmost satisfaction of the authorities of the concerned schools. Indisputably, their salaries had not been paid. They made representations therefor. Their representations were rejected by the District Education Officer by an order dated 10.12.1999.

19. For the reasons aforementioned, the appeal is allowed to the aforementioned extent. It would, however, be open to the school authorities to take such action, as it may deem fit and proper, in the light of the decision of this Court in Umadevi (3) (supra). No costs.
Usha Breco Mazdoor Sangh vs Management Of M/S. Usha Breco Ltd. & Anr

3. Krishna Kishore Yadav, Intervenor and one R.P. Singh were employees of the respondent. They were said to be Union leaders. On or about 17.02.1984, the respondent received a complaint from one G. Natarajan with regard to acts of misconduct committed by the said workmen in the factory premises contending that while he was having discussions with one Shekhar Rao, representative of the contractor known as M/s. Techno Fab, the said workmen came and asked him as to whether there existed any arrangement for grant of first aid or not, whereto he replied that such a provision has to be made by the Company and not by the Contractor. Discussion therein ensued. The workmen were informed by Natarajan that the matter should be discussed with the Personnel Manager of the Company. One Shri Dara Singh, another contractor being M/s. S.D. Construction also reached there. The same question was asked to Mr. Dara Singh to which also he replied that the grant of making provision of first aid was the duty of the Management and not that of the Contractor. The workmen started misbehaving with the said persons using indecent and unparliamentary languages. They were abused in a harsh tone whereto an objection was raised by Shri Dara Singh whereupon he was abused in filthy languages and threatened him with dire consequences. He was also assaulted by iron rod by the intervenor herein. Thereafter Shri Dara Singh also picked up an iron rod. R.P. Singh also picked up another iron rod in his hand. With the intervention of the officers and some workers, they were separated. The said workmen thereafter instigated the workers to stop the work.

4. On the aforementioned allegations, a First Information Report was lodged.

33. Assault, intimidation are penal offences. A workman indulging in commission of a criminal offence should not be spared only because he happens to be a Union leader. The Act does not encourage indiscipline. It will be a matter of some concern if the opinion of the Enquiry Officer can be totally ignored despite the fact that the Management is precluded from adducing any fresh evidence before the Labour Court. A Union leader does not enjoy immunity from being proceeded with in a case of misconduct.

38. The said decision again was rendered on its facts and no legal principle can be culled out therefrom.

41. We, therefore, are of the opinion no case has been made out for interfering with the ultimate conclusion of the High Court, albeit for different reasons.

42. For the reasons aforementioned, the appeals are dismissed. No costs.
Hardeo Rai vs Sakuntala Devi And Others

5. Admittedly the said agreement was scribed by PW-14, Ram Gulam Pandit;, PW-11, Garib Nath Chaudhary & PW-12, Narayan Singh were witnesses to the said agreement.

6. As despite notice, the appellant failed and/or neglected to execute a sale deed in terms of the said agreement a suit praying for specific performance thereof, which was registered as Title Suit No.79 of 1978, was filed in the Court of the Subordinate Judge, Begusarai.

8. Respondents' father in support of his case examined himself as a witness. The scribe of the agreement as also the witnesses were also examined in the said suit.

32. For the reasons abovementioned the appeal fails and is dismissed with costs. Counsel's fee assessed at Rs. 10,000/-.
Kesar Singh & Anr vs State Of Haryana

2. Hardev Singh was a resident of Derabassi. He was a teacher. He, along with Karam Chand, came to village Budhanpur to meet his father on 24.4.1988. There was a vacant land in front of their house which was in possession of Pala Ram and others. It was a Shamlat land. They were 2 digging foundation. Ujjagar Singh, father of Hardev Singh, asked them to leave some passage for their house whereupon Pala Ram exhorted that the old man should be taught a lesson. Ujjagar Singh shouted for help. Appellant and Karam Chand, on hearing his shouts came out. They saw Kesar Singh giving a Kassi (Spade) blow from the reverse side on the head of Hardev Singh's father. He fell down. He was taken to primary health centre. He was referred to the General Hospital. However, on 30.4.1988, his condition having deteriorated, he was referred to Medical Sciences and Research, Chandigarh for treatment. He succumbed to his injuries on 1.5.1988.

Knowledge v. Intention

Law Applicable in this case

Hence, looking at all these facts and circumstances, intention to cause the bodily injury in question is proved.

Further, due to the inapplicability of Explanation 4, there is nothing on facts to rebut this presumption of intention.

Hence, the mere fact that single blow was administered doesn't preclude the existence of intention.

25. For the reasons aforementioned, we are of the opinion that the appellant are guilty of commission of the offence under Section 304 Part-I 33 and not Section 304 Part-II thereof. The learned Sessions Judge has imposed a sentence of eight years on the appellant and five years Rigorous Imprisonment on appellant No.2. We, however, reduce the same, keeping in view the peculiar facts and circumstances of this case, to five years and three years respectively.

26. Appeal is allowed to the above extent.
Mumbai Agricultural Produce Market ... vs Hindustan Lever Limited & Ors

2. Appellant is a Market Committee constituted under the Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963 (for short, 'the Act'). First respondent herein deals in Edible Oils and Vanaspati. By reason of a Notification dated 25.9.1987, the State of Maharashtra in exercise of its power under Section 62 of the said Act added some items in the Schedule appended thereto such as sugar, dry fruits, edible oils and vanaspati to the Schedule of the Act. Appellant No.1, Market Committee, started collecting market fee as also supervision charges on all notified agricultural produces marketed on wholesale basis. The wholesale market in respect of condiments, spices, dry fruits etc. was shifted from Greater Bombay to New Bombay on and from 1.1.1991 where a huge market had been constructed by the appellants.

3. Respondents allegedly, despite the applicability of the provisions of the said Act as also the Notification dated 25.9.1987, did not get itself registered thereunder contending that 'Vanaspati' had not been included in the Schedule appended thereto. Some of the traders dealing in edible oil had also obtained exemption from payment of market fee and supervision charges for a short time. Such exemption granted was, however, withdrawn. Various litigations were initiated before the Bombay High Court questioning the validity of the said notification as also levy of market fee and supervision charges by the Committee.

5. The High Court by reason of a judgment and order dated 16.6.2006 although rejected the contention that the respondents were not liable to pay any market fee, opined that the appellant was not entitled to collect supervision charges. Supervision charges as also interest accrued thereon were payable to the State Government.

16. We, therefore, are of the opinion that there is no infirmity in the impugned judgment.

18. The High Court having exercised its discretionary jurisdiction in the matter, we do not find any reason to take a different view. The impugned judgment, therefore, needs no interference. The appeal is dismissed with no order as to costs.
M/S.Holani Auto Links Pvt. Ltd vs State Of Madhya Pradesh

2. Brief facts leading to the filing of this appeal are as follows.

The Appellant Company was appointed as a Distributor by Castrol India Ltd. (in short the "manufacturing company") by entering into an agreement dated 1st of June, 1998. On 27th of May, 1999, a team headed by Deputy Collector, Food Department, Sagar, M.P. came to the office premises of the appellant company for inspection and asked for the records and various registers and the lists. Before the Deputy Collector and the Members of the Food Department, Sagar, the representative of the appellant company had explained that it was only a Distributor and therefore was not required to maintain all those lists and other things. However, the Deputy Collector and his team seized around 33344.80 litres of lubricating oil stored in the premises of the appellant company. The value of the oil was worth Rs.2,01,840/-. On the basis of such inspection, the Collector, Sagar on 2nd of June, 1999 issued a show cause notice to the appellant company and thereafter evidence from both the sides were adduced and the Collector by his order dated 20th of December, 1999 found that the appellant company had violated Clauses 3(1) to 3(3) and 6(1) of the Order of 1977 and, accordingly, he ordered confiscation of the commodities worth Rs.1,00,000/- out of the commodities seized from the possession of the appellant company under Section 6(a) of the Essential Commodities Act, 1955. In the alternative, it was directed that in case the appellant company wanted the release of the commodities worth Rs.1,00,000/-, it may deposit Rs.1,00,000/- instead and get the release of the entire stock of oil. Feeling aggrieved, the appellant company filed an appeal under Section 6-C of the Essential Commodities Act, 1955 before the Sessions Judge, Sagar. The learned Sessions Judge, Sagar by the order dated 24th of February, 2000 had set aside the order of the Collector and allowed the appeal of the appellant company holding that the appellant company was not covered by the definition of "Dealer" under the Order of 1977 and accordingly, it was neither liable to exhibit the price nor was it required to keep the accounts. Feeling aggrieved by this order of the Sessions Judge, Sagar, the State of M.P. filed a Criminal Revision No.890 of 2000 before the High Court and the High Court by the impugned judgment and order dated 3rd of May, 2001 had allowed the revision case thereby setting aside the order of the Sessions Judge and restoring the order of the Collector, Sagar. Against this decision of the High Court, a special leave petition has been filed in respect of which leave has already been granted.

11.For the reasons aforesaid, this appeal is dismissed. There will be no order as to costs.
Commissioner Of Central Excise, ... vs Bharti Telecom Ltd. And Ors.

1. Assessee-Bharti Telecom Ltd., Respondent No. 1 herein, (for short 'BTL') manufactures "electronic push button telephones". It sells about 75 per cent of its product to Department of Telecommunications (for short "DOT") and Mahanagar Telephone Nigam Limited (for short "MTNL") and remaining about 25 per centof its product in the open market through Siemens Telecom Limited (for short 'STL'), Respondent No. 3 herein, which is a joint venture company of BTL and STL having 49 per cent and 51 per cent sharing respectively. According to the Revenue, BTL & STL are related persons having mutuality of interest. BTL sells its product to STL at a far less price than STL sells it in the whole sale trade. It is the stand of the Revenue that the assessable value for the purpose of duty of excise is the price at which the afore-mentioned products are sold by STL in the open market whereas BTL has been paying the duty on the price at which it was sold to STL. The second point taken by the Revenue was that there had been clandestine removal of the goods and sale without paying Excise Duty.

2. Three show cause notices dated, 03rd May, 2000, 04th May, 2000 and 24th May, 2000 were issued to the BTL raising demand of Rs. 2,28,99,251/-, Rs. 9,73,66/- and Rs. 8,12,712/- respectively.

6. For the reasons stated above, we do not find any merit in the appeals and dismiss the same with costs.
Viswanathan & Ors vs State Rep. By Inspector Of Police, Tamil ...

3. The incident took place on 20.11.1994. The victim was working as a Coolie. She was married and had two children. She was returning to her home on a bicycle with her brother, Palanisamy at about 10.00 pm after watching a movie. Appellants herein allegedly joining hands with each other, chased them. They were riding on their own bicycles. They dashed with the bicycle of the Palanisamy. Palanisamy and the victim fell on the ground. Allegedly, victim was asked to enjoy herself. Palanisamy, when questioned about the said conduct on the part of accused No.1 Babu, who was known to the victim as a mason, was slapped by the accused No.1. He ran away out of fear.

4. The victim was taken at a nearby place and accused No.2 to 4 and 6, allegedly raped her one after the other. She lost her consciousness.

5. Palanisamy went to the village and brought some people with him. They found the victim lying naked in an unconscious condition. PW8, Chinnadurai, and others poured water on her face. She was taken home after she regained her consciousness.

6. She regained her composure in the evening. They came to the Police Station and lodged the First Information Report at about 7.00 pm on 21.11.1994. She was medically examined at about 0720 hours on 22.11.1994. No injury on her person, however, was found. No injury on her private part was also noticed. In the FIR, accused Nos.1 to 4 were named. Accused Nos.5 and 6 were not named. It was said to be a moonlit night. All the accused, however, were not put on the Test Identification Parade. On completion of investigation, they were charge sheeted and put on trial. Admittedly, no charge under Section 376(2)(g) was framed. The allegations made against them in the FIR read as under :

7. Before the learned trial Judge 10 witnesses were examined, material amongst them is the victim herself (PW-6) and her brother, Palanisamy (PW-7). Before the learned Trial Judge, the victim did not identify all the accused. She identified accused No.1, 2 and 3. The names of accused Nos.5 and 6 were not mentioned by her at all. In her deposition, she stated :

(2) Whereas the prosecutrix named Accused Nos.1, 2 and 4 in the FIR, with specific allegation of commission of rape by Accused No.1 and 3, she changed her story and attributed the said act on Accused No.1, 2 and 3 in her deposition before the Court.

(5) Although in the First Information Report, she had named Accused No.4, in her evidence she did not name him at all.

23. For the reasons aforementioned, the appeals preferred by accused Nos.1, 2 and 3 are dismissed whereas the appeals preferred by accused Nos. 4, 5 and 6 are allowed. They are on bail. Whereas accused Nos.1, 2 and 3 are directed to surrender, accused Nos.4, 5 and 6 are discharged from their bail bonds.