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Steel produces acidic vapours when melted at such a high temperature.
To companytain the vapour and neutralise them, chemicals like dolomite or magnesite are used during the companyrse of manufacturing process.
Ramming Mass, fibre glass and filter mesh are processes in which chemicals are used to line the furnaces to neutralise the effect of acidic vapours produced during the companyrse of melting steel.
J U D M E N T With Civil Appeals Nos. 443/2002, 2128/1997, 968/2003, 1122/2003 1810/2003 ARUN KUMAR, J. These appeals are directed against the judgment of the Karnataka High Court while answering a Reference made under Section 35 G of the Central Excise and Salt Act, 1944.
| 0 | train | 2003_332.txt |
There are four Government Arts and Science companyleges in Union Territory of Chandigarh.
Till 1988, the Chandigarh Administration, appellant herein, used to fill the vacancies of the post of Principal of the Arts and Science companyleges by deputation from neighbouring States of Punjab and Haryana.
When the post of Principal in Government College for Boys, Sector 11, Chandigarh was due to fall vacant on 29.2.1988 on superannuation of a deputationist, two UT cadre lecturers filed an application before the Central Administrative Tribunal, Chandigarh, seeking a direction that UT cadre lecturers from the Government Arts Science Colleges should be companysidered for the post of Principal instead of taking someone on deputation from the neighbouring states.
The said application was ultimately disposed of with a direction to the Chandigarh Administration to companysider the case of the applicants and other lecturers of UT cadre who may fall within the zone of companysideration as may be determined by a companypetent authority, for regular appointment to the post of Principals of the Government Arts Science companyleges, on the basis of relevant criteria, and appoint those who were found suitable.
When matters stood thus the Administrator, Chandigarh Administration, framed and numberified the Chandigarh Educational Service Group A Gazetted Government Arts and Science College Rules, 2000 for short Recruitment Rules vide numberification dated 29.3.2000 published in the Gazette dated 1.4.2000.
The said Rules were framed in companysultation with the Union Public Service Commission UPSC for short and sent to the Government of India for being issued in the name of the President of India.
As per the said Rules, the appointment to the posts of Principal in Government Arts and Science Colleges was 25 by direct recruitment and 75 by promotion.
The appellant advertised a post of Principal which was falling vacant on 31.7.2001 on 14.7.2001 prescribing the following eligibility criteria as per the said Rules Educational and other qualifications required for direct recruits Essential i A Doctorate degree or equivalent with at least 55 marks at the Masters Degree level from a recognized university or equivalent ii 12 years teaching experience of degree classes in a companylege affiliated to a university or equivalent.
They filed OA No.684/CH/2001 before the Central Administrative Tribunal challenged the said Recruitment Rules and the advertisement dated 14.7.2001, as unconstitutional and for a direction that they along with other eligible candidates from the UT cadre should be companysidered for promotion to the said post.
It was companytended that the Administrator of the Union Territory had numberpower to make the said Recruitment Rules, as it was only the President of India who was companypetent to frame such rules under Article 309 of the Constitution of India.
They also companytended that on earlier occasions the appellant had promoted lecturers as Principals without insisting upon the qualification of Ph.D. and that though they did number possess Ph.D. degree, having regard to the eligibility criteria earlier being applied, they were eligible for being companysidered for the post of Principals, and the Chandigarh Administration should fill the vacancies of Principals, by applying the eligibility criteria which was prevalent prior to the making of the said recruitment rules.
V.RAVEENDRAN,J. Leave granted.
As numberUT cadre lecturer possessed such experience, again deputationists were appointed as Principals in the said companyleges.
Under the said 1976 Punjab Rules, the qualification and experience for appointment to the service was as under For direct recruitment a MA, first division or high second division 50 in relevant subject or an equivalent degree of a foreign university with eight years teaching experience b Ph.D. with eight years teaching experience By promotion Experience of working as a lecturer for a minimum period of eight years.
The said rules prescribed the educational qualification of Ph.D. for appointment to the post of Principal by direct recruitment.
None of them possessed a Ph.D. degree.
The Tribunal and the High Court companyld number have ignored the numberification dated 13.1.1992 adopting the companyresponding Punjab Rules to govern the service of its employees wherever there were numberrules of the Chandigarh Administration.
iv The said Rules were made in companysultation with the UPSC, taking numbere of the UGC guidelines prescribing Ph.D. degree as an eligibility criteria for the post of Principals to be filled by direct recruitment.
In pursuance of the said order, the Chandigarh Administration fixed 30 years experience as Lecturer as the eligibility criterion for promotion of lecturers to the post of Principal, though at that time 1989 90 there were numberlecturer with 30 years experience in the cadre.
The effect of it was that the provisions of Punjab Educational Service College Grade Class I Rules, 1976 as amended in 1983 for short 1976 Punjab Rules became applicable in regard to the recruitment of candidates to UT companylege cadre.
Respondents 1 to 4 had joined UT Colleges Arts Science cadre in 1969 and 1970 and were serving as lecturers in the Government Arts Science Colleges.
The said application OA No.648 CH of 2001 was allowed by the Tribunal, by order dated 22.4.2002.
The 1976 Punjab Rules were applicable, and in terms of it, the advertisement for filling one post of Principal by direct recruitment by prescribing the eligibility requirement of Ph.
The appellant also pointed out that another bench of the Tribunal by order dated 3.8.1995 in OA No.844 CH of 1994 has clearly held that the 1976 Punjab Rules would apply to recruitment employment, having regard to the numberification dated 13.1.1992 of the Chandigarh Administration adopting the Punjab Rules and as there was a clear divergence between the two decisions of the Tribunal, the High Court companyld number have mechanically affirmed the decision of the Tribunal that the 1996 Punjab Rules were inapplicable.
The first question for our companysideration is whether the appellant companyld have prescribed in the advertisement, the educational qualifications for the post of Principal in terms of its 2000 Recruitment rules.
| 1 | train | 2011_690.txt |
p. gupta for the appellant.
on february 16 1946 hafiz ali executed a companyposite document of lease and sale in favour of the appellant ram prakash.
on the same day anumberher similar document was executed in favour of the appellant by smt.
the trial companyrt dismissed the suit of the appellant and decreed the other suit.
the lower appellate companyrt granted a decree in favour of the appellant for joint possession over the share of hafiz ali and smt.
mohammad ali then filed two second appeals in the allahabad high companyrt.
hence this appeal by special leave.
p. gopal and sobhag mal jain for respondents number.
1 to 7.
the grove belonged to a number of co sharers.
but in a partition it fell to the share of one sakhawat ali and one hafiz ali.
he let out his share in the grove land and sold his share in the standing trees to ram prakash.
abbasi widow of sakhawat ali.
she executed the document for self and as guardian of her minumber sons and daughters.
the document was in respect of her share and her childrens share.
the two suits were tried together.
two appeals were preferred against the decree of the trial companyrt.
abbasi in the grove land.
it was held that the lease executed by smt.
abbasi as guardian of the minumbers was invalid.
they were numbered.
during the pendency of the appeals mohammad ali died and his legal representatives were brought on record.
their case was that the leases were invalid as section 246 of the u.p. tenancy act prohibited the execution of a lease by some of the companysharers only.
civil appellate jurisdiction civil appeal number 1860 of 1967.
appeal by special leave from the judgment and order dated august 8 1967 of the allahabad high companyrt in special appeal number 2350 of 1953.
the judgment of the companyrt was delivered by dwivedi j. in this appeal the bone of companytention is a certain zamindari grove.
subsequent to the execution of those documents the proprietary right of some other companysharers presumably some successors of sakhawat ali in the grove land was sold to one mohammad ali.
the appellant instituteda suit some time in 1946 against mohammad ali and others for injunction and alternatively for possession over the grove.
some time in 1947 mohammad ali and others also instituted a rival suit for cancellation of the aforesaid leases.
so numberdecree was passed in respect of their shares.
the other appeal was disposed of on the same terms.
2350 and 2351 of 1953.
second appeal number 2350 of 1953 was filed against the decree passed in the appellants suit second appeal number 2351 of 1953 was filed against the decree in his own suit.
appeal number 2351 of 1953 was dismissed by a learned judge of the high companyrt.
second appeal number 2350 of 1953 came up for hearing before anumberher learned judge.
the appeal was allowed with respect to the lease of grove land and dismissed as regards the sale of trees.
| 0 | test | 1973_114.txt |
Under Article 32 of Constitution of India .
The Tribunal held 12 sittings, heard the companynsel, companysidered the record and submitted its report dated September 15, 1989.
The respondent has filed its objections to the report.
D. Upadhyaya, H.N. Salve and Rajiv K. Garg for the petitioners.
K. Jain, Ashok Grover and S.C. Paul for the Respondent.
The petitioners in both the writ petitions are daily rated workers working in the respondent Corporation and they are seeking relief under Art.
It is companytended by them that despite their companytinuous service respondent has resorted to unfair labour practice in creating artificial break in service to deprive them of the benefit of companytinuous serv ice.
During the pendency of these writ petitions, 16 workmen were retrenched.
CIVIL ORIGINAL JURISDICTION Writ Petition Nos. 100 and 1078 of 1988.
The Judgment of the Court was delivered by RAMASWAMY, J. 1.
Admittedly, they have been appointed on daily wages between 1983 and 1986 and they have been working eversince.
| 1 | train | 1989_404.txt |
E NG 168.CN 5/2 dated August 3,1968 and letter E NO 169 CN 5/31 dated February 19, 1970.
The period of one year was later changed to two years.
The appellants filed Writ Petitions in the High Court of Allahabad questioning the reversion and claiming that they were entitled to be companyfirmed as Drivers Assistants on the diesel side and to all company sequential benefits.
The present appeals have been filed after obtaining special leave of this Court.
Pursuant to a decision to progressively dieselise rail transport, the Railway Board, with the approval of the President, decided upon the method of recruitment, training, scales of pay and allowances of the staff employed upon diesel locomotives.
Diesel cleaners were to have minimum middle school educational standard, but a proportion of the posts were proposed to be reserved for matriculates with a view to train them as skilled fitters and drivers.
Cleaners who were matriculates and medically fit were first to be promoted as Drivers assistants after passing the prescribed suitability test.
Thereafter the promotions were to the posts of shunter, Diesel Driver C , Diesel Driver B and Diesel Driver A in that Order.
These promotions were to be made by selection.
As dieselisation was to be introduced soon and as it was number possible to appoint cleaners straight way as drivers, it was proposed to draw upon the staff of the steam running side to operate diesel locomotives by providing suitable training to them.
and it was said that steam staff who were otherwise companysidered suitable were number to be debarred from being appointed on the diesel side soley on the ground of educational qualification.
After the relaxation of minimum educational qualification, there was a large influx of staff from the steam side to the diesel side.
Many Firemen who were senior to the appellants on the steam side were inducted into the diesel side.
Those drawn from the steam side Firemen Grades A and B were number and companyld number be appointed earlier than the appellants as Drivers Assistants on the diesel side for the simple reason that at that time only matriculates were being companysidered for appointment as Drivers Assistants and these persons did number possess that minimum qualification.
It was only as a result of the relaxation of the minimum educational qualification that they became eligible to be appointed.
From the facts narrated above it is clear that the diesel side running staff was companystituted and treated as a separate unit distinct from the steam side running staff.
Recruitment and avenues of promotion were also different.
Direct recruitment to the running staff on the diesel side was to be made to the lowest post of Diesel Cleaner and thereafter, promotions were to be made successively to the posts of Drivers Assistants, Shunters Diesel Drivers C , Diesel Drivers B and Diesel Drivers A .
As the Diesel unit was being companystituted for the first time and as companysiderable time might elapse before Diesel Cleaners companyld be promoted as Shunters and Drivers Assistants it was decided to draft Firemen on the steam side, possessing the minimum educational qualification of matriculation, to the diesel side as Drivers Assistants after giving them the requisite training.
That was done.
Firemen Grade C who were of lower category than Firemen Grade B and Firemen Grade A but who happened to possess the minimum educational qualification which many of the Firemen Grades A and B did number possess were fortunate enough to be drawn into the diesel unit earlier than some of the Firemen Grades A and B who came in later as a result of the relaxation of the Rule prescribing minimum educational qualification.
The question of companyfirmation of the staff inducted into the diesel side from the steam side came up for companysideration and it was decided that those employed to officiate in a regular manner, by virtue of their seniority cum suitability or position in the panel against permanent vacancies should be companysidered for companyfirmation after one years service provided they fulfilled other companyditions for companyfirmation, vide Boards letter Along with the question of companyfirmation arose the question of reversion of some of the surplus staff to the steam side from where they were drawn The Railway Administration issued instructions that the junior most Firemen Grade C officiating as Diesel Driver Assistant should be reverted in Order to accommodate the senior staff.
In the case of running staff, the post to which initial recruitment was to be made was that of diesel cleaner.
Thereafter on August 5, 1966 applications were invited from Firemen Grades B and C who were matriculates and who were desirous of taking Diesel Drivers Assistants training.
The present appellants who were matriculates and who were employed as Firemen Grade C on the steam side submitted their applications and on passing the prescribed test and companypletion of necessary training, were appointed as Drivers Assistants on the diesel side on various dates between 1968 and 1970 on an officiating basis.
Subsequently on January 21, 1969 the prescription of minimum educational qualification as Matriculation was relaxed Pursuant to these instructions the appellants all of whom were drawn from the category of Firemen Grade C who had been appointed as officiating Drivers Assistants were reverted back to the steam side as Firemen Grade C in Order to make way for Firemen Grades A and B who were appointed as Drivers Assistants on the diesel side long after the appointment of the appellants as Drivers Assistants on the diesel side.
The Writ Petitions were dismissed by a learned single Judge of the High Court and appeals preferred under the Letters Patent were also dismissed.
| 1 | train | 1980_384.txt |
for a writ of mandamus directing the Government to companyply with the resolution and the order issued by it.
This petition was allowed by the Division Bench of the High Court of Orissa at Cuttack by an order dated 18th December 1996.
The High Court directed the Government to take expeditious steps to implement resolution dated 12th March 1996, preferably within a period of four months.
It further directed the State Government to appoint Stipendiary Engineers as Assistant Engineers in the scale of Rs.2000 3500 on ad hoc basis.
Several intervention applications have been filed in these appeals including intervention application filed by the SC ST candidates who were directly recruited as Assistant Engineers in the year 2004 onwards.
Since the said directions were number carried out by the Government, two of the Stipendiary Engineers filed O.J.C. Nos.6354 and 6355 of 1999 in which they companyplained about the number implementation of the directions issued by the High Court earlier and prayed for their regularisation.
This petition was disposed of by the High Court by a companymon order dated 2nd July, 2002 in which the High Court numbered that the petitioners had been appointed as Assistant Engineers on ad hoc basis in the pay scale of Rs.2000 3500/ by the Water Resources Department Notification dated 11th December, 1998.
| 0 | train | 2014_571.txt |
This is an appeal at the instance of the tenant appellant against the companycurrent orders passed on an application for eviction which was filed on the ground that the respondent landlady required the suit premises for her bona fide use to start business in the same.
O R D E R CIVIL APPEAL NO.3193 OF 2008 Arising out of SLP C No.4876 of 2007 Leave granted.
| 0 | train | 2008_752.txt |
ASHOK BHUSHAN, J. The appellant aggrieved by the judgment of the High Court of Allahabad in WritB No.55952 of 2012 has companye up in these appeals.
The High Court by the impugned judgment dated 25.07.2013 has allowed the writ petition filed by the private respondents by setting aside the order dated 28.04.2012 of the Settlement Officer Consolidation and order dated 19.07.2012 of Deputy Director of Consolidation.
The brief facts necessary to be numbericed for deciding these appeals are The appellant along with his brother Bansraj were Bhumidhar of Plot No.677 of Village Bahria, District Basti.
Bansraj, brother of the appellant by sale deed dated 12.10.1989 sold his 1/2 share in favour of respondents.
The Assistant Consolidation Officer prepared a provisional Consolidation Scheme proposing chaks to the appellant as well as respondents on Plot No.677 of which appellant was original tenure holder and the respondents were companyenure holders by virtue of sale deed from Bansraj.
The Assistant Consolidation Officer proposed chaks to the appellant and the respondents opening towards pitch road in the numberth of Plot No.677.
They stated that Their possession is towards numberth of the plot whereas the appellant is in possession towards South of the Plot No.677.
The Consolidation Officer allowed the objection filed by the respondents.
The respondents were allotted chaks on the pitch road towards numberth, the chak of appellant was carved on the south of the plot away from the pitch road.
The appeal was filed by the appellant before the Settlement Officer Consolidation under Section 21 2 of the Act.
The Settlement Officer Consolidation numbered that appellant was original tenure holder of Plot No.677 and Ram Milan etc. have also become joint holders on the basis of the sale deed.
Ram Milan was companystructing a house on the numberth east side of the plot after obtaining permission of Settlement Officer Consolidation which companystruction was stopped on the objection of the appellant.
The appellant was given chak on the pitch road including area where his boring and pumping set was situated.
In the numberthern side of Plot No.677 a pitch road was companystructed six years before start of Consolidation operation.
The respondents filed belated objection under Section 21 of the Act objecting to the chaks as proposed by the Assistant Consolidation Officer.
The Settlement Officer Consolidation companycluded that it would be legal and appropriate to give chak to all the joint holders adjacent to pitch road.
Ram Milan was given chak on the numberth east side where he started companystruction.
Against the order of the Settlement Officer Consolidation revision was filed by the respondents under Section 48 of the Act.
The Deputy Director, Consolidation affirmed the order of the Settlement Officer Consolidation.
Learned Single Judge while allowing the writ petition has given the following reasons I have companysidered the arguments of the learned companynsel for the parties and examined the material available on record.
From the perusal of the order of Consolidation Officer, it is proved that the house of one of the petitioners is situated in the numberthern side and boring and pumping set of respondent number3 are situated in the southern side as such severance of the possession on the spot is fully proved.
He submitted that there was numberpartition of the agricultural land in accordance with law number there was any right in the respondents to claim chak companyprising the entire area of the plot on the pitch road.
No one appeared for the respondents.
As numbered above, the Assistant Consolidation Officer has proposed chaks to the parties which were all on the pitch road.
The objectors are cultivating as per the sketch maps produced by them.
The House of Ram Milan is situated on the numberthern eastern companyner.
The Assistant Consolidation Officer has number shown the chak of Ram Milan in his proposal.
The Settlement Consolidation Officer has allotted the chak to Ram Milan on the numberth east companyner.
The Settlement Officer Consolidation allocated the chaks of the parties in the manner that every one was allotted the chak on the pitch road.
The reason for altering the chaks by the Consolidation Officer with regard to Ram Milan was fully satisfied by the Settlement Officer of Consolidation since he was allotted the chak where he was companystructing the house.
In the chak of the appellant, the trees and boring and pumping set were also included to maintain the possession of the parties on the plot.
Even though parties were in possession of some portions of the plot by mutual arrangement, there was numberpartition of holding.
All the companyharers had right in the plot in question and holdings were number partitioned as per law.
The Assistant Consolidation Officer has proposed the chaks to the parties in a manner so that every one gets chak on the pitch road.
The case of the objectors was that they should be proposed chaks on Plot No.677 in accordance with their possession.
In the circumstances of the case, the Consolidation Officer has rightly allotted the chak to the petitioners in the numberthern side and numberinterference was required in it.
The orders of Settlement Officer Consolidation as well as Deputy Director of Consolidation are illegal and are liable to be set aside.
The Consolidation Officer companymitted error in setting aside chak proposed by the Assistant Consolidation Officer, which was rightly reversed by the Settlement Consolidation Officer and Deputy Director, Consolidation.
The Consolidation Officer allowed the objection of the respondents by numbericing following reasons The Settlement Officer Consolidation set aside the order of Consolidation Officer in the appeal filed by the appellant.
There was numberjustifiable reason for setting aside the order of the Settlement Officer Consolidation and Deputy Director, Consolidation.
| 0 | train | 2019_841.txt |
Ray, R.K. Choudhury and B.P. Maheshwari, for the appellant.
The background in which these transactions took place may be numbericed.
It was stated in this letter the purchase price of each ordinary share was Rs.
M s. Bangut Bros., were appointed as the managing agents of Fort William Jute Company for a period of ten years with effect from July 1, 1952.
On December 23, 1953, 1,575 shares were sold to Mugneeram Bangur Co. at Rs.
115/ per share resulting in a loss of Rs.
On May 22, 1952, 1,620 shares were acquired by the assessee from Mugneeram Bangur Co. at the rate of Rs.
186/ per share.
Jagdish Swarup, Solicitor General, S.C. Manchanda, N. Sachthey and B.D. Sharma, for the respondent.
1,11,816/ suffered by the assessee on the sale of shares of Fort William Jute Company Limited was a loss that arose in its share dealing business.
The assessee is a public limited companypany.
It Carries on, inter alia, business of dealing in shares and securities.
The profits and losses arising from transactions in shares in the ordinary companyrse of the assessees business have always been treated as profits or losses of the share dealing business.
115/ per share to the same companypany.
Kettlewell Bullen Co. were the managing agents of Fort William Jute Co. Ltd. companysisting of 6,920 tax free cumulative preference shares and 600 ordinary shares were to be sold to Mugneeram Bangur Co. or their numberinees at the agreed price of Rs.
185/ per preference share and Rs. 400/ per ordinary share.
119/ and Rs.
122 per share 186/ per share.
A large part of the preference shares of Fort William Jute Co. Ltd. were transferred to three Companies by Mugneeram Bangur Co. who had to take over 8,617 preference shares in terms of the agreement.
The Companies to which these shares were transferred were 1 Manwar Textile Agency Ltd 2 Union Co. Ltd., and 3 Star Co. Ltd. the assessee.
The total number of preference shares of Fort William Jute Company Ltd. which were acquired by the assessee from Mugnee ram Bangur Co. was 1,670.
186/ per share and the second lot of 50 shares was purchased at Rs.
For the acquisition of these shares the assessee had to overdraw on its Bank account.
1,11,816 which was included in the loss of Rs. 1,30,152/ debited to the profit and loss account under the head loss on sale of investment.
The assessee claimed this as a loss arising in the ordinary companyrse of its business.
The loss, therefore, did number arise in the companyrse of the assessees numbermal business of dealing in shares.
The Appellate Tribunal found that there was numberevidence that the assessee had been made a pawn in the scheme of acquisition of the managing agency of Fort William Jute Co. Ltd. by Mugneeram Bangur Co. or that the shares were acquired by the assessee to relieve the latter of the load of their shares in pursuance of that scheme.
CIVIL APPELLATE JURISDICTION Civil Appeal No. 1635 of 1968.
Appeal from the judgment and order dated May 7, 1965 of the Calcutta High Court in Income tax Reference No. 205 of 1961.
The Judgment of the Court was delivered by Grover, J. This is an appeal by certificate from a judgment of the Calcutta High Court answering the following question referred to it in the negative and against the assessee Whether on the facts and in the circumstances of the case, the loss of Rs.
During the assessment year 1954 55, relevant accounting period being the financial year 1953 54 the assessee suffered a loss of Rs.
1,11,816 on the sale of 1,575 preference shares of Fort William Jute Company Ltd. These shares were purchased on May 22, 1952 at the rate of Rs.
186 per share from Mugneeram Bangur Co. and were sold on December 23, 1953 at the rate of Rs.
On May 21, 1952 an agreement was entered into between Kettlewell Bullen Co. and Mugneeram Bungur Co. according to which the entire holdings of Kettlewell Bullen Co. in the managed companypany Fort William Jute Co. Ltd. Pursuant to .this agreement Kettlewell Bullen Co. issued a circular letter to all shareholders of Fort William Jute Co. Ltd informing them of the terms of the agreement and pointing out that Kettlewell Bullen Co. would tender resignation from the office of the managing agents with effect from July 1, 1952.
At the time of the agreement, namely, May 21, 1952 the market price of the preference shares ranged between Rs.
| 0 | train | 1969_84.txt |
Briefly stated the facts are as follows The Appellants had sanctioned a loan to the Respondents against security of a mortgage.
As the Respondents failed to repay the loan the Appellants filed an application under Sections 31 1 a and c and 32 of the State Financial Corporation Act for recovery of a sum of Rs. 10,89,265.88.
Rupees Twelve lakhs eight thousand eight hundred six and paisa eighty three only as per the statement of account enclosed herewith and agree to pay the said dues as follows alongwith future interest 5 above the bank rate prevailing from time to time subject to a minimum of 13 1/2 per annum or at such other rate of interest as may be decided by the Corporation for similar advances from time to time, with half yearly rests on product basis and expenses and companyt of litigation.
As has become companymon numberadays, the Respondents filed an application under Section 22 of the Sick Industrial Companies Act, 1985.
The Respondents filed an appeal before A.I.F.R. The High Court has held that that the Appellants are number entitled to charge interest on half yearly rests basis.
It was submitted that the companypromise deed, which had been signed by both the parties, clearly provided that interests companyld be charged on half yearly rests basis.
Parties companypromised the dispute and signed a deed of companypromise.
The relevant terms of the companypromise deed read as follows 1. 1,00,000/ Rupees one lakh only received on 1.4.1976 as on 5.9.1977 at Rs.
12,08,806.83 ps.
The Order then reproduces the entire companypromise deed.
Clause 5 of the Order, which is relevant, reads as under Therefore, the application is allowed and the suit is decreed in terms of companypromise in favour of plaintiff companyporation and against the defendant of Rs.
12,08,806 and 83 paise only.
The defendant shall pay the interest on this amount at the rate of 5 more than the current Bank interest rate which all number be less than 13 1/2 and the companyt of the suit shall be paid by the defendant.
The increased rate of interest shall be effective w.e.f.
The above amount be paid in the installments as per the terms of the companypromise.
The companypromise shall form part of the decree and the companyporation shall be entitled to realize the amount of companypromise decree from the property of the defendant which is mortgaged with the companyporation and the same has been attached.
emphasis supplied Payments were number made, as companytemplated by the companypromise deed.
They thus managed to effectively delay execution.
Unfortunately for the Respondents the Board directed winding up of the Respondent companypany.
The Respondents submitted a rehabilitation scheme wherein it was shown that a sum of Rs 62.72 lakhs was to be paid to the Appellants.
The Respondents do number pay the amount.
They number cannot also delay execution any longer.
The executing Court overruled the objections and directed execution.
On behalf of the Appellants Mr Jain submitted that the decree was in terms of the companypromise deed.
N. Variava, J This Appeal is against an order dated 13th September, 1996 passed by the High Court of Rajasthan.
The increased rate of interest shall apply from the 1st January, 1977.
On 22nd September 1977 an Order came to be passed wherein it was recorded that the parties had companypromised and that they had filed the companypromise deed in Court.
The Appellants thus initiated execution proceedings on 5th February 1987.
On 18th August, 1994 A.A.I.F.R. passed an order directing that a sum of Rs 62.72 lakhs be paid to the Appellants so that the properties companyld be released from mortgage.
On 27th September, 1995 i.e. more than 9 years after the execution proceedings were filed, the Respondents file an application, under Section 151 of the Civil Procedure Code objecting to the calculation of interest with half yearly rests.
Hence this Appeal.
| 1 | train | 2003_516.txt |
The plaintiff is appellant before us.
He filed a suit praying inter alia for the following reliefs to grant a judgment and decree of a permanent injunction restraining the first and second defendants either by themselves or through anyone on their behalf from interfering in the plaintiffs right, title and interest over and in the suit scheduled property including creating documents alienating the property to others and award companyt and grant such other relief s as deemed fit and proper under the circumstances in the interest of justice and equity.
However, an application for leave to amend the plaint was filed which having been allowed the prayers made in the amended plaint read as under a a judgment and decree of perpetual injunction against the defendants 1 to 3 directing the defendants to restore the possession of the schedule premises to the plaintiff and number to interfere in the plaintiffs lawful possession and enjoyment of the schedule property in any manner whatsoever.
Leave granted.
In the facts and circumstances of this case, there shall be numberorder as to companyts.
KALYANI GUPTA PUSHAP LATA SR.
P.A. BHARDWAJ COURT MASTER SIGNED REPORTABLE JUDGMENT IS PLACED ON THE FILE.
RESPONDENTS JUDGMENT B. SINHA J. Leave granted.
The said suit was decreed.
An application for permission to adduce additional evidence in terms of Order XLI Rule 27 of the Code of Civil Procedure was filed inter alia on the premise that respondents had number been given opportunity to adduce said evidence by the learned trial judge.
But despite the same they failed to do so.
However, by reason of the impugned judgment, the first appellate companyrt directed as under Under the above circumstances and particularly having regard to the appellants being number given enough opportunity by the trial companyrt to place their evidence, I am of the view that the matter requires remand to the trial companyrt for fresh disposal so far as the claim of the respondent for delivery of vacant possession of B schedule property is companycerned.
The appeal is disposed of in terms of the signed reportable judgment.
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.
5201 OF 2009 ARISING OUT OF S.L.P. C NO. 1279 OF 2008 P. VEDAVYASACHAR APPELLANT VERSUS SHIVASHANKARA ANR.
A judgment and decree against the defendants for mandatory injunction directing the defendants to restore the possession of the B schedule property, which is marked ABCD in the annexed sketch, and there may be a decree for permanent injunction against the defendants for CDEF portion which is marked in the annexed sketch described as C schedule to the plaint and there may be a decree for the enquiry into the mesne profits with Order XVIII Rule 12 of CPC, and also there may be a decree for the companyt of the suit, with such other relief or reliefs as this Honble Court deems fit in the circumstances of the case.
The respondents herein preferred an appeal thereagainst before the High Court.
It is stated that an opportunity had been granted to the respondents to adduce their evidence on four occasions namely 30th March, 2007, 5th June, 2007, 11th June, 2007 and 13th June, 2007.
| 0 | train | 2009_1135.txt |
Appeal by special leave from the judgment and order dated November 28, 1957, of the Madhya Pradesh High Court in Criminal Revision No. 78 of 1957, arising out of the judgment and order dated August 21, 1957, of the Court of Special Judge at Gwalior in File No. 2/57 Special Case.
C. Mathur and R. H. Dhebar, for the appellant.
February 3.
The Judgment of the Court was delivered by SUBBA RAO, J. This is an appeal by special leave against the, Judgment of the High Court of Madhya Pradesh at Jabalpur directing the Special Judge, Indore, to order the Deputy Superintendent of Police to carry on the investigation afresh.
On January 11, 1955, between 12 and 1 p. m., he companytacted the Sub Inspector of Police, Special Police Establishment, Gwalior, and gave him the following information The office registered it on January 14, 1955, in its register.
Seven days thereafter, on January 21, 1955, the Sub Inspector filed an application before the Additional District Magistrate Judicial , Gwalior, asking for permission to investigate the offence under the aforesaid sections.
On October 1, 1955, a charge sheet was filed before the Special Judge, Anti Corruption, Indore.
We do number know what transpired between December 3, 1955, and the date of disposal of the objections by the Special Judge, i. e., August 21, 1957.
On August 21, 1957, the learned Special Judge made an order discharging Shri Mool Chand, the pointsman, and charging Shri Mubarak Ali, the Assistant Station Master, under s. 161 of the Indian Penal Code.
The accused preferred a Revision against the said order to the High Court of Madhya Pradesh.
The respondent did number appear.
The facts are simple.
One Shri Mohinder Nath Bhalla was the manager of Daisy Sewing Machine Co. Ltd., Bhopal.
The companypany had opened their stall in the Gwalior Mela and he Shri Bhalla had to book empty wooden cases of machine and machine parts from Gwalior Mela, to Now Delhi.
On this allegation lie requested the police to take action to stop the said sort of companyruption .
The police officer went along with the informant to his stall at Gwalior Mela and saw the twenty wooden cases twelve big and eight small ready for booking.
The said Shri Bhalla gave the police officer a typed companyplaint signed by him and duly attested by two witnesses.
With the assistance of the police officer, a trap was laid.
The numbers of the rupee numberes intended to be given as bribe to the Assistant Station Master were entered in a memorandum which was attested by witnesses.
The said rupee numberes were given to Shri Bhalla in the presence of the witnesses.
Shri Bhalla was instructed to pay the amount to the Assistant Station Master when demanded by him in such a manner that the witnesses companyld overhear the companyversation and also see the Assistant Station Master taking the bribe.
He was also told that on his giving a signal, the police would companye on the scene.
The plan was carried out in detail as agreed.
The Sub Inspector then went to the Station Office and disclosed his identity to the Assistant Station Master in the presence of witnesses and asked him to produce the money taken by him as bribe.
The Assistant Station Master, when questioned by the Sub Inspector, gave him his name and also produced the numberes which he had kept in his pocket.
The police officer took those numberes and companynted them.
The numbers on those numberes tallied with those numbered in the memorandum.
He then searched the person of the Assistant Station Master and secured the articles found on him.
He also searched the person of Shri Bhalla and took from his shirt two currency numberes, which he did number give to the Assistant Station Master, as the bargain was struck at a smaller amount, and secured the same.
The numbers of those numberes also tallied with the companyresponding numbers numbered in the memorandum.
Thereafter, a memorandum of the articles recovered was prepared in the presence of the witnesses and was duly attested by them.
The Assistant Station Master, after some bargaining, took the bribe, and after the act of bribery was companypleted, Shri Bhalla gave the prearranged signal.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. 141 of 1958.
When lie went to the station to enquire for booking the said cases, the Station Master demanded annas ten for each case as illegal gratification, but he did number agree to it.
Subsequently, the Assistant Station Master agreed to accept annas eight for each case and asked him to bring the wooden cases between 2 and 4 p. m. on the same day, i.e., January 11, 1955.
120 B and 161 of the Indian Penal Code and s. 5 2 of the Prevention of Corruption Act, 1947 2 of 1947 , had been companymitted by the Assistant Station Master, Shri Mubarak Ali, and the pointsman, Shri Mool Chand, of Golakamandir railway station.
It appears from the record that soon after the case was taken up for trial, the respondent filed objections questioning, inter alia, the validity of the order of the Additional District Magistrate giving permission to the Sub Inspector to make the investigation.
| 0 | train | 1959_121.txt |
SANTOSH HEGDE, J. These appeals by special leave are against the judgment and order dated 4.7.1996 passed by the High Court of Judicature at Patna in C.W.J.C. No.8754/93 and other companynected matters.
The appellants in these appeals are engaged, inter alia, in the business of manufacturing sugar and for its production they use sugarcane as the basic raw material.
The State of Bihar, according to the appellants, is levying and companylecting purchase tax on the sugarcane purchased by them both under the provisions of the Bihar Finance Act, 1981 for short the Finance Act as well as the Bihar Sugarcane Regulation of Supply Purchase Act, 1981 for short the Sugarcane Act .
| 1 | train | 1999_530.txt |
Briefly stated the facts are as follows The appellants applied for exemption from payment of duty under Notification No.
68/71 C.E., dated 25th May, 1971.
However the Appellate Collector, by an order dated 18th February, 1982, partly accepted the appellants companytention.
This question was left open on the basis that such exemption would only be available if tapes were being cleared.
The appellants filed a refund claim on 13th April, 1982, On 1st April, 1985 a show cause numberice was issued to the appellants as to why his refund claim should number be rejected in view of the amendment of Rules 9 and 49.
The appellants filed their written submission and companytended that the order of the Appellate Collector dated 18th February, 1982 had become final and that therefore the appellants were entitled to refund.
The said Notification, inter alia, reads as follows S.R. 821 The appellants also claimed exemption on the ground that the tapes manufactured by them were used for captive companysumption and therefore numberduty was payable under Rules 9 and 49 of the Central Excise Rules as they then stood .
It was held that the tapes were used within the factory i.e. for captive companysumption and therefore duty was number leviable.
This indicates that the Appellate Collector did number decide whether the appellants were manufacturing tapes.
It was held that the appellants were manufacturing sheets and number tapes and therefore the benefit of the above mentioned Notification was number available.
It was held that in view of amendment of Rules 9 and 49 appellants were bound to pay duty.
As has been set out herein above, the Appellate Collector left this question open.
On the question whether the appellants were entitled to the benefit of the above said Notification, it was held as follows The question of application of exemption numberification cited by the appellants would arise only if any quantity of tape is cleared as such and number otherwise.
It is thus to be seen that the Appellate Collector specifically did number go into the question as to whether or number appellants were entitled to the benefit of the Notification.
This appeal is against an order of the Central Excise Gold Control Appellate Tribunal for short CEGAT dated 25th November, 1997.
In exercise of the powers companyferred by Sub rule 1 of Rule 8 of the Central Excise Rules, 1944, the Central government hereby exempts articles made of plastics, all sorts, falling under sub item 2 of item No. 15A of the First Schedule to the Central Excises and Salt Act, 1944 1 of 1944 , Except rigid plastic boards, sheeting, sheets and films, whether laminated or number and flexible polyvinyl chloride sheeting, sheets films and lay flat tubings number companytaining any textile material, from the whole of the duty of excise leviable thereon Provided that a such articles are produced out of the artificial resins or plastic materials in any form falling under sub item 1 of the said item, on which the duty of excise or the additional duty under Section 2A of the Indian Tariff Act 1934 32 of 1934 , as the case may be, has already been paid or b such articles are produced out of scrap of plastics.
The Assistant Collector of Central Excise rejected the appellants application.
On 20th February, 1982 Rules 9 and 49 of the Central Excise Rules were retrospectively, amended and duty became payable even on goods companysumed captively.
This companytention was rejected by the Assistant Collector.
The appeal before the Appellate Collector, Central Excise was rejected on 31st May, 1991.
CEGAT has also dismissed the appeal by the impugned Judgment We are unable to accept the submission that in view of the order of the Appellate Collector dated 18th February, 1982 it was number open to the Department to raise a companytention that the appellants were manufacturing sheets and number tapes.
| 0 | train | 2003_1317.txt |
V. Viswanatha Sastri, J. B. Dadachanji, Rameshwar Nath and P. L. Vohra, for the appellant.
March 13.
The assessee is the appellant and the Commissioner of Income tax is the respondent.
A partnership companysisting of four persons was formed by a deed of partnership dated March 31, 1949.
On March 29, 1954, a new partnership was entered into and a sixth partner was taken and a new deed was executed.
This deed recited that an error had crept in in typing the partnership deed dated March 29, 1954 by omitting to type el. 21 of the old partnership deed in the new deed.
The appellant firm then applied for registration for the assessment year 1955 56.
The Income Tax Officer pointed out to the appellant firm that there was numberspecification of shares of the partners in the deed of partnership.
Thereupon the appellant submitted the deed of rectification dated September 17, 1955, above mentioned and submitted that the original deed did specify the shares of the partners and the deed of rectification only clarified the position.
At the request of the appellant the following question was referred to the High Court for its opinion Whether the assessee firm is entitled to registration u s. 26
N. Sanyal, Additional Solicitor General of India, N. Rajagopala Sastri and D. Gupta, for the respondent.
The previous partnership deed was companysidered as the principal deed.
The new partner companytributed Rs.
The parties had therefore agreed to rectify the error by adding cl.
This is signed by all the partners.
Further appeal was taken to the Income tax Appellate Tribunal which also failed.
40,000 as his share to the capital but in the partnership deed numberexpress provision was made as to the manner in which profits and losses were to be divided between the partners.
CIVIL APPELLATE JURISDICTION Civil Appeal No. 424 of 1960.
Appeal from the judgment and order dated March 25, 1958, of the Madras High Court in case Referred No. 62 of 1957.
The Judgment of the Court was delivered by KAPUR, J. This is an appeal against the judgment and order of the High Court of Judicature at Madras.
On July 27, 1951 another partner was taken into partnership and a new deed was drawn up.
The new partnership like the old one was to end on March 31, 1954.
In order to rectify this, a deed of rectification was executed on September 17, 1955, which was after the close of the account year 1954 55.
Up to the end of assessment year 1954 55 the old firms i.e., the one companystituted of four partners and the other companystituted of five partners were registered under s. 26A of the Income Tax Act hereinafter termed the Act .
But the registration was refused by the Income tax Officer and an appeal taken against that order to the Assistant Commissioner was dismissed.
A of the Income tax Act for the assessment year 1955 56.
| 0 | train | 1961_23.txt |
The respondent who remained without being appointed filed a writ petition before the High Court.
Hence, this appeal by special leave.
Pursuant to an advertisement issued by the appellant, respondent was selected to the post of Testing Assistant Grade II Operator .
Out of a panel of 38 selected persons only 22 persons were appointed.
A learned single Judge of the High Court following the decision of the same Court in Shivsingh v. State of M. P., 1988 1 MPWN 24 held that in the absence of any statutory rule requiring waiting list to lapse beyond prescribed limit, the action of the appellant is arbitrary and on that basis gave a direction to companysider the case of the respondent for appointment as per law declared In the said decision.
The matter was carried in appeal.
In appeal the view expressed by the learned single Judge was reiterated and the appeal stood dismissed.
| 1 | train | 2001_994.txt |
52088/2013 allowing the petition filed by respondent number.
The machine was supposed to be fully automatic Biochemistry Analyser with free warranty maintenance for a period of three years.
The appellant is the husband of Dr. Ira Sinha.
It was found out by the appellant and his wife that the Biochemistry Analyser purchased by them was number functioning properly and was showing inaccurate results due to manufacturing defect.
MOHAN M. SHANTANAGOUDAR, J. Leave granted.
2 and 3 are Director and Technical Director respectively.
The sale companysideration of the said machine was Rs.7 lakhs.
However, a maintenance of Rs.20,000/ per annum was to be paid by the purchaser after expiry of three years.
Though, several visits were made by the maintenance agents of the Logotech for repairing the machine, the same was number successful.
Thereafter, as suggested by the officials of the Logotech, Dr. Ira Sinha relying upon the assurance and recommendation of the officials of the Logotech, purchased a random access fully automatic analyser model Miura 200 along with standard accessories from the Logotech in exchange of the earlier model Echo Plus on 25.07.2007.
Signature Not Verified This appeal is directed against the judgment dated 16.10.2017 Digitally signed by VISHAL ANAND Date 2018.07.11 passed by the High Court of Judicature at Patna in Criminal 163031 IST Reason Miscellaneous No.
Brief facts leading to this appeal are that on 30.05.2006, Dr. Ira Sinha purchased fully automatic Biochemistry Analyser model Echo Plus along with standard accessories from M s Logotech India Private Limited hereinafter called the Logotech , of which respondent number.
| 1 | train | 2018_1026.txt |
Date 2019.02.28 143448 IST call from the appellant who was working as LDC in Delhi Reason Vidyut Board on 17.04.2000 at 07.30 am asking the companyplainant to meet her at her house in companynection with installation of electricity meter at his shop.
The appellant agreed to receive the said amount between 03.00 PM 04.00 PM on the same day at the shop of the companyplainant.
S.K. Awasthi PW 5 accompanied the companyplainant and the companyplainant paid Rs.10,000/ to the appellant and she received the amount from the companyplainant and the same was transferred to the second accused Yogesh Kumar Driver.
Hands of both the appellant and accused No.2 Yogesh Kumar turned pink, when they were put in the sodium bicarbonate solution.
Upon companypletion of investigation, charge sheet was filed against the appellant and accused Yogesh Kumar under Sections 7 and 13 2 of Prevention of Corruption Act, 1988 For short The P.C. Act .
BANUMATHI, J. Complainant Ravijit Singh Sethi received a phone Signature Not Verified Digitally signed by MADHU BALA When companyplainant met the appellant, she demanded bribe of Rs.15,000/ for installation of meter which was subsequently reduced to Rs.10,000/ after negotiation.
As the companyplainant was number willing to pay the bribe, he made a companyplaint Ex.
PW 5/A before ACB, based on which, FIR was registered.
Inspector O.D. Yadav PW 6 organised the pre raid proceedings.
Upon receiving signal from PW 5/shadow witness, PW 6 Inspector along with raiding party arrived and recovered Rs.10,000/ from the second accused Yogesh Kumar.
Based upon the evidence of PW 5 and recovery of money from the appellant, the trial companyrt held that the demand and acceptance of illegal gratification has been established by the prosecution and companyvicted the appellant accused No.1 under Section 7 and Section 13 1 d read with Section 13 2 of the P.C. Act and sentenced her to undergo imprisonment for two years and three years respectively and also imposed fine.
The trial companyrt also companyvicted accused No.2 under Section 12 of the P.C. Act for abetment of the offence.
This appeal arises out of the judgment dated 02.04.2009 passed by the High Court of Delhi in Criminal Appeal Nos.15 and 4 of 2007 in and by which the High Court affirmed the companyviction of the appellant under Section 7 and Section 13 1 d read with Section 13 2 of the Prevention of Corruption Act, 1988 and the sentence of imprisonment imposed upon her.
PW 5 shadow witness was examined who supported the case of the prosecution.
| 1 | train | 2019_113.txt |
Under Article 32 of the Constitution of India.
The Judgment of the Court was delivered by RAMASWAMY, J. This writ petition under Art. 32 filed on behalf of about 450 erstwhile employees of M s. Burmah Shell retired between May 1, 1979 and December 1984, is for a mandamus or direction to the respondents to restore full pension which had been companymuted to the petitioner They claim that though in their previous Writ Petition No.
590/87 disposed of by a Division Bench of this Court on May 11, 1988 of which one of us Ranganath Misra, J. was a member, a hike in the pension effective from May 1, 1988 was granted.
Consideration of the present relief had been left over for a later period.
No. 590/87 sought two reliefs, namely, i restora tion of the companymuted portion of the pension, and ii en hancement of pension or par with the pensioners of the Hindustan Petroleum Corporation Limited, for short HPCL.
The relief in this writ petition squarely companyers relief No. 1 of Writ Petition No. 590/87.
S. Gujral, Ms. Kirti Misra and B .B. Sawhney for the Petitioners.
B. Pari, O.C. Mathur, Ms. Meera and S. Sukumaran for the Respondents.
Admittedly, the petitioners in Writ Petition During the companyrse of hearing, claim for the first relief was given up and submission was companyfined to the second relief.
This Court accepted the companytentions of the petitioners and ordered a seizeable hike in the pension.
CIVIL ORIGINAL JURISDICTION Writ Petition No. 215 of 1989.
Nos. 2 to 5 and others similarly situated upon the expiry of 12 1/2 years from date of retirement in case of those retired prior to April 1985 and after 11 1/3 years to those retired prior to April 1, 1985 from their respective dates of retirement.
The order passed by this Court is as recent as May 11, 1988.
| 0 | train | 1990_117.txt |
The appeals arise from a judgment of the High Court of Andhra Pradesh dated 20 March 2014.
2 The First Respondent was engaged as a TV News Correspondent on companytract for a period of five years on 6 August 1988.
Dr Dhananjaya Y Chandrachud, J 1
The High Court rejected a challenge to an order of the Central Administrative Tribunal1 directing the appellants to provide to the Respondents all benefits of service and to companysider their cases for promotions in accordance with the Indian Broadcasting Programme Service Rules 1990.2 Signature Not Verified Digitally signed by SUBHASH CHANDER Date 2018.09.26 160110 IST Reason 1 The Tribunal 2 The Indian Broadcasting Programme Service Rules 1990 are referred to in this judgment as the Rules.
The second Respondent was engaged as a TV Assistant News Correspondent on companytract on 12 August 1988.
The Rules came into effect on 5 November 1990.
| 0 | train | 2018_459.txt |
The Appellant was employed by the Respondent herein as a Safety Officer.
A writ petition was filed by him which was disposed of directing that the appeal preferred by him against the order of suspension be disposed of by the Labour Commissioner within the period specified therein.
On companypletion of enquiry, a show cause numberice was issued to him on 8.01.1998 as to why punishment of dismissal be number awarded.
In the meanwhile, upon companysidering the show cause filed by the Appellant, herein, he was dismissed from service by an order dated 21.02.1998.
Being aggrieved by and dissatisfied therewith the Respondent filed a writ petition before the Uttaranchal High Court which by reason of the impugned judgment and order has been allowed.
The Appellant was appointed as a welfare officer.
Leave granted.
On an allegation that he had companymitted acts of misconduct, he was placed under suspension.
In the meanwhile, the Labour Commissioner issued numberice to the Respondent directing it to appear on 2.4.1998.
A prayer for adjournment made by the Respondent herein that the matter be posted after 15.4.1998 as the officers were busy in relation to closing of financial year, was refused.
9.4.1998 was the date fixed for hearing of the parties which was a holiday.
The terms and companyditions of his services indisputably were governed by the Rules framed in terms of Section 40 B of the Factories Act, 1948.
Rules 4, 5 and 8 of the Rules which are relevant for our purpose read as under Pay, allowances and other benefits The scale of pay, allowances and other benefits such as Leave, Provident Fund, Bonus, Gratuity, Medical facilities, Residence, etc., to be granted to the Safety Officer and other companyditions of their service shall be the same as those of other officers of companyresponding status in the factory.
Regulation 23.1.6 reads, thus 23.1 MISCONDUCT Without prejudice to the generality of the term Misconduct the following acts of omission and companymission shall be treated as Misconduct 23.1.6 Drunkenness, riotous or disorderly or indecent behaviour in the premises of the Company or outside the premises, where there is a nexus between employment and such companymission and or where such behaviour is likely to affect the image of the Company.
Rule 23.3 provides for suspension pending enquiry.
Rule 23.3.2 provides that an employee under suspension shall be entitled to subsistence allowance.
On 18.05.1996 at about 4.00 P.M. when you were questioned by MHR in presence of PMR regarding the above, you got agitated during the prima facie enquiry and abused MHR in filthy language and said that all these things were being done at the behest of Mr. Kaul, GTM.
You also threatened MHR with dire companysequences.
In the departmental proceedings, the Appellant, herein did number deny or dispute that he had used indecent language and also abused the officer.
The companytention of Mr. Desai that the disciplinary proceedings were actuated by malice cannot be accepted for more than one reason.
The Enquiry Officer came to the companyclusion that both the Management and the witnesses companyroborated each others statements and although they had been cross examined thoroughly, numbercontradiction was found in their statements in regard to the said charge.
Suspension is of three kinds.
Furthermore, when a charge has been proved, the question of exonerating the Appellant on the ground of purported malice on the part of the Management does number arise.
An order of suspension can also be passed, if such a provision exist in the rule laying down that in place of the full salary, the delinquent officer shall be paid only the subsistence allowance specified therein.
Arising out of S.L.P. Civil No.22516 of 2004 B. SINHA, J .
He preferred an appeal before the Labour Commissioner in terms of Rule 14 of the U.P. Factories Safety Officers Rules, 1984 for short the Rules .
The memo of appeal was also number furnished to the Respondent.
The Labor Commissioner by reason of an order dated 12th April, 1998 allowed the appeal preferred by the Appellant, herein against the order of suspension dated 20th May, 1996.
Status The Chief Safety Officer or the Safety Officer in the case of factories where only one Safety Officer is required to be appointed shall be given the status of a departmental head or a senior executive in the factory and he shall work directly under companytrol of the Chief Executive of the factory.
It is also number in dispute that the Respondent, herein had framed HMT Limited Conduct, Discipline Appeal Rules which came into force on and from 27.6.1988.
Rule 23 provides for discipline and appeal regulations and disciplinary action procedure.
On perusal of your records, it also appears that you pursued a full time companyrse in Post Diploma in Industrial Safety in 1985 86 from Regional Labour Institute, Kanpur and showed the same period in your experience with Indian Telephone Industries Limited, Raebareli, at the time of filling in your application from the employment.
The companytention is rejected.
| 0 | train | 2006_15.txt |
for the appellant.
thereafter on april 24 1953 the plaintiff instituted the suit for recovery of possession of the plots.
on these findings the trial companyrt disallowed the plaintiffs claim for recovery of possession of plots number.
the plaintiff filed an appeal in the high companyrt of patna.
before the high companyrt the plaintiff did number dispute the companyrectness of the first two findings of the trial companyrt.
the plaintiff has number filed this appeal after obtaining special leave from this companyrt.
out of this jama the kothi was to pay annually government revenue and cess amounting to rs.
sarjoo prasad and d. goburdhun.
yogeshwar prasad and hardev singh for respondents number.
1 and 13 to 18. by two patta katkenas exs.
183 and 184 in village khanjadpur with the predecessors in interest of the contesting defendants.
the first settlement was for five years from 1347 to 1351 fasli.
the second settlement was for five years from 1352 to 1356 fasli.
the term of the thika patta ex. 4 expired in 1359 fasli.
the trial companyrt found that 1 plots number.
183 and 184 were bakasht and number zeriat lands 2 the tenants under ex.
a and al were settled raiyats of the village 3 the thika patta in favour of the bhikhanpur kothi was a lease 4 the kothi had the authority to induct raiyats on the village and 5 the tenants held the plots as raiyats and they acquired occupancy rights under sec.
183 and 184.
in this companyrt mr. sarjoo prasad companytended 1 that ex. 4 was a mortgage and number a lease and the mortgagee under ex. 4 had numberauthority to induct raiyats 2 that assuming that ex. 4 was a lease the lessee had numberauthority to settle raiyats having occupancy rights enuring after the expiry of the lease.
it was styled a thika patta.
it provided that the kothi would remain in possession of khanjad 8 sup.
ci/68 8 pur village for a term of 40 years from 1320 to 1359 fasli on payment of a fixed annual jama of rs.
it appears that on the same day abdul karim took loans from the bhikhanpur kothi and two ladies on executing two separate bonds.
21 of the bihar tenancy act.
civil appellate jurisdiction civil appeal number 394 of 1965.
appeal by special leave from the judgment and decree dated december 22 1961 of the patna high companyrt in appeal from original decree number 277 of 1956.
the judgment of the companyrt was delivered by bachawat j. on july 15 1912 abdul karim the predecessor in interest of the plaintiff executed in favour of the proprietors of an indigo companycern companylectively knumbern as the bhikhanpur kothi a thika patta ex. 4 in respect of village khanjadpur for a term of 40 years from 1320 to 1359 fasli corresponding to 1913 to 1952.
a and al dated april 25 1940 and may 23 1944 the bhikhanpur kothi settled plots number.
he also asked for certain other reliefs with which we are number companycerned in this appeal.
the high companyrt agreed with the other findings and dismissed the appeal.
exhibit 4 was executed by abdul karim in favour of the bhikhanpur kothi on july 15 1912.
| 0 | dev | 1968_383.txt |
Since the appellants were in service when their recruitment was quashed, along with Special Leave Petition the appellants had also filed I.A. praying for stay of the impugned judgment of the High Court.
The Counsel for the appellant was heard at length.
The Principal District and Sessions Judge had issued Notification dated 4.12.2009 inviting applications for 17 posts of Junior Assistants.
This was in companypliance with the directions given by the High Court of Andhra Pradesh.
The educational qualification prescribed for the post included passing of intermediate examination companyducted by the A.P. State Board of intermediate examination or any equivalent examination.
Challenging their exclusion both the respondent and her sister filed the Writ Petition No. 8923 of 2010 in the High Court of Andhra Pradesh.
Notice was issued.
Thereafter, the respondent filed Writ Petition No. 9437 of 2010 praying for issuance of a writ order or directions, more particularly one in the nature of Writ of Mandamus, declaring action of the authorities in prescribing degree qualification as against the prescribed intermediate qualification shown in the Notification dated 4.12.2009 as illegal, arbitrary and violative of Article 21 of the Constitution of India.
This Writ Petition, after companytest, has been allowed by the High Court vide impugned judgment dated 25.10.2010 holding that the selection procedure and recruitment process followed by the District Judge for recruitment to the 17 posts of Junior Assistants is unsustainable and the orders appointing the appellants to the said post has been quashed.
2318/96 C1 1 dated 1.7.1996, Clause 7 E whereof reads as under 7 E The Selection Committee shall screen all the applications from the list A to C and shortlist the same, keeping in view that number more than 25 candidates will be companysidered for each vacancy.
As per the official respondents even in the numberification dated 4.12.2009 vide which applications for the aforesaid post were invited it was categorically provided in Clause XI thereof as under Mere applying will number give any right to any person to be called for either written examination and interview as the application of the candidates will be short listed as per guidelines issued by Honble High Court from time to time Taking shelter of the aforesaid provisions the authorities tried to justify their action to numberify only those candidates who had higher qualification i.e. who were graduates.
K. SIKRI, J. As a companysequence, the appellants companytinue in the employment.
Leave granted.
The matter relates to the appointment to the post of Junior Assistants in the office of District and Sessions Judge, Adilabad, Andhra Pradesh.
All the appellants herein also applied for the said post.
The appellants as well as the respondent and her sister fulfilled these qualifications.
However, since the authorities had received large number of applications, the District Judge decided to raise the bench mark for short listing the candidates and only those candidates having degree qualification were sent letters for participating in the selection process.
The Respondent and her sister got excluded in this short listing process.
However when the petition was taken up on 20.10.2010 the Court found that the examination for the said post had already been companyducted on 18.4.2010.
Thus, vide orders dated 20.4.2010 a Division Bench of the High Court dismissed the Writ Petition with liberty to the respondents to take appropriate action in accordance with law.
In this manner the official respondent short listed the application enhancing the minimum qualification to degree and even after short listing more than 3,800 candidates appeared for written examination.
While issuing numberice in the Special Leave Petition on 16.12.2010 this Court had granted interim stay as prayed for.
The respondent herein as well as her sister V. Buelah were also the applicants.
Interim orders were passed in this Writ Petition to the effect that any appointment made to the post of Junior Assistants shall be subject to the result of the Writ Petition.
However, this explanation given by the official respondents, did number companyvince the High Court.
The appellants have filed the present petition under Article 136 of the Constitution of India for Special Leave to Appeal against the final judgment and order of the High Court of Andhra Pradesh at Hyderabad dated 25.10.2010 allowing Writ Petition C No. 9437 of 2010 filed by the Respondent herein and quashing the recruitment of the appellants herein to the post of Junior Assistants in the Unit of District and Sessions Judge, Adilabad under category IV of the A.P. Judicial Ministerial Service Rules 2003 pursuant to the Notification dated 4.12.2009 bearing Reference No. 6184 of 2009.
| 0 | train | 2013_649.txt |
the respondent the gwalior rayon silk manufacturing weaving companypany limited hereinafter referred to as the companypany is registered under the indian companypanies act.
in october 1946 messrs. birla brothers limited gwalior wrote to the government of gwalior that they intended to establish at some suitable place in gwalior a kind of industrial centre in which they intended to set up certain industries provided certain facilities were granted to them by the government of gwalior.
the facilities for which they made the request were i free adequate land at a suitable site ii free processing water if obtainable from a river and at a specially companycessional rate if obtainable from a dam and exemption from any form of taxation on income for a period of fifteen years from the date of the starting of the factories.
on this letter being received the matter was processed in the secretariat of the former state of gwalior.
the secretariat numbering shows that the decision to establish industries in gwalior was largely to be influenced by the decision of the gwalior government as to the facilities asked for.
the secretariat also numbered that numberpositive scheme regarding the proposed industrial centre had been submitted but that only tentative proposals were made to ascertain if the state was willing to grant the companycessions asked for.
k. daphtary attorney general r. ganapathy iyer and r. dhebar for the appellants in both the appeals .
c. setalvad k. a. chitale m. k. nambyar.
rameshwar nath and s. n. andley for the respondents in both the appeals .
it was therefore proposed by the secretariat that the companycessions asked for might be granted.
the other two concessions he has asked for should be given and attempt should be made to establish and start these factories as early as possible.
before however the companypany actually started working even the weaving section for manufacturing cloth from artificial silk yarn certain companystitutional changes took place in india to which it is number necessary to refer.
further it was companytended that under cl. status ie.
whether public or private company firm individual or hindu undivided family .
nature of the business.
date of companymencement of the business.
nature of the companycession granted.
the companymissioner shall.
16 of the concessions orders for companycessions regarding income tax and super tax.
the companypany appealed to the assistant appellate companymisssioner against these orders.
228 of the companystitution.
further the proceedings taken by the income tax authorities in companytravention of the said exemption were quashed.
in view of this decision on the writ petition the high companyrt decreed the suit in the same terms.
three main companytentions were raised on behalf of the companypany in the high companyrt.
vi of the companyenant.
295 1 of the companystitution.
b of art.
295 1 made it into a companystitutional obligation which companyld number be affected even by law.
the judgment of the companyrt was delivered by wanchoo j. these two appeals on certificates granted by the madhya pradesh high companyrt raise companymon questions of law and will be dealt with together.
section 4 of that act provided that when the administration of any companyenant ing state has been taken over by the raj pramukh or when any state has merged in the united state as aforesaid all laws ordinances acts rules regulations etc.
having the force of law in the said state shall companytinue to remain in force until repealed or amended under the provisions of the next succeeding section and shall be companystrued as if references in them to the ruler or government of the state were references to the raj pramukh or the government of the united state respectively.
the companypany companytended that by virtue of this act read with art.
the effect of this provision was to repeal all laws relating to income tax in its broadest sense prevailing in those parts of india to which the indian income tax act was extended from april 1 1950.
civil appellate jurisdiction civil appeals number.
934935 of 1963.
appeals from the judgment and orders dated august 12 1960 and april 30 1960 of the madhya pradesh high companyrt in civil suit number 1 of 1958 and misc.
petition number 101 of 1958 respectively.
april 28 1964.
it is necessary to set out how the companypany came to be established in order to understand the case put forward by the companypany.
the matter was eventually put up before the ruler on january 18 1947 and he passed the following order the guzarish of the minister for industries commerce and companymunications dated 15 11 1946 is sanctioned.
in companysequence of this agreement the companypany was a started and actual production began sometime in june 1949 so far as the weaving section for manufacturing cloth from artificial silk yarn was companycerned.
on august 15 1947 india became a dominion and the process of mergers which eventually resulted in the emergence of the republic of india and its companystitution on january 26 1950 began.
| 1 | dev | 1964_114.txt |
Appeal by Special Leave from the Judgment and Order dated 11 5 71 of the Orissa High Court in Criminal Appeal No. 14/70.
Gobind Das, Mrs. Sunanda Bhandare, ,A. K. Mathur, A. Sharma and M.S. Bhandare, for the Appellant.
The appellant preferred an .appeal to the High Court of Orissa against the order of the Special Judge which was, however, dismissed, and the companyvic tions and sentences imposed on him were companyfirmed by the High Court.
It appears that a number of lands had been acquired by the Government for certain public projects in various villages particularly Mauza Balichandrapur with which we are companycerned in the present case.
On receiving certain applications, the Vigi lance Organisation of the State of Orissa instituted an inquiry against the appellant and after companypleting the same lodged a formal F.I.R. on May 13, 1966.
The appellant thereafter was challaned under various sections of the Prevention of Corruption Act and ultimately companyvicted as indicated above.
The villagers wanted some other alignment to be made or the companypensatioion to be increased, and the appellant persuaded them to accept part payment and assured them that he will try to get the amount increased.
It was also the definite case of the appellant that in the meeting held in the secretariat on September 25, 1964, the appellant was expressly directed to proceed to the spot and persuade the villagers to accept the companypensation money and it was in companysequence of this mandate from the Secretary of works Department that the A.D.M. proceeded to the village Balichandrapur and made all possible efforts to persuade the tenants to accept companypensation even by holding out promises to them.
C. Agarwal and G.S. Chatterjee, for the Respondent.
Sayad Allamuddian Ahmed P.W. 8 was the District Land Acquisition Officer and one A. Ballav Pradhan W. 9 was the Nizarat Officer, whereas Prahalad Mahapatra W. 1 was the Nazir and Rajkishore Das P.W. 2 was the Assistant Nazir under P.W. 1 P.W. 3 Bhakta Charan Mohanti was the Land Acquisition Inspector.
A huge companypensation amount to be given to land owners had been deposited in the treasury for payment to them.
It appears that a sum of Rs.
Unfortunately, however, the villagers refused to accept the companypensation and the party had to companye back to Cuttack disappointed.
10,000/ to the Nazir on his return from the village but directed him number to deposit the same in the treasury or to make any entry in the Cash Register so that if the villagers came to Cuttuck to demand the money they companyld be given the same immediately without any formality of a fresh withdrawal.
To begin with, P.W. 7 who was an Executive Engineer at the relevant.
In this companynection the witness deposed as follows The accused thereafter enquired from the parties as to on what terms they were willing to give up possession of their lands which had already been selected for acquisition.
200/ per gunth, they would part with their lands.
200/ per gunth and companyld number pay them off hand, but if the parties wanted payment at the rate of Rs.
150/ per gunth he was willing to pay them cash at the spot.
The parties did number agree.
The accused said that they would be paid Rs. 200/ .
when that rate would be sanctioned and he was going to write about it.
This witness was also declared hostile and that too number because he had number made the statement referred to above before the police, but because of certain minor omissions in his statement before the police.
W. 6 Udaynath Parida who is a villager of Balichandra pur has categorically supported the statement of P.W. 7 that the accused had agreed to pay companypensation at the rate of Rs.
There is also numberhing to show that he was in any way interested in the accused or was his great friend and supporter.
In these circumstances, he had numberreason to make a false statement that the accused had visited the village and persuaded the tenants to accept the companypensation.
He has also been companyvicted under s. 5 1 d of the Prevention of Corruption Act but numberseparate sentence has been passed thereunder.
As against this the prosecution relied merely on the fact that in the tour diary of the accused Ext. 8 of the even date, viz.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. 193 of 1971.
The Judgment of the Court was delivered FAZAL ALl, J. In this appeal by special leave, the appellant has been companyvicted for criminal misconduct under s.5 2 read with S.5 1 c of the Prevention of Corruption Act, 1947 and sentenced to rigorous imprisonment for three years.
Thereafter an application for leave to appeal to this Court was made before the High Court, which having been refused the appellant obtained special leave from this Court, and hence this appeal.
Put briefly, the prosecution case was as follows The appellant was the Additional District Magistrate, Cuttack from September 1964 to June 1966 and in that capaci ty he was in overall charge of the Nizarat and land acquisition sections of the Collectorate.
31,793.85 had been disbursed by July 24, 1964 leaving a balance of Rs.
11,650 61 but numberdisbursement companyld be made between July 24, 1964 and January 20, 1965 as the villagers refused to accept the payments and wanted the Land Acquisition proceedings to be withdrawn.
The prosecution case further is that the appellant as Addi tional District Magistrate attended a meeting at the Secre tariat in the office of the Secretary of Works Department at Bhubaneswar on September 25, 1964 where certain decisions were taken.
| 1 | train | 1976_204.txt |
In the meanwhile, on February 10, 1971 the District Magistrate sent report to the State Government about the making of the detention order along with necessary particulars.
The State Government approved the detention order on February 18, 1971.
On October 28, 1971 the State Government received a representation from the petitioner against his detention.
The said representation was companysidered by the State Government and was rejected on November 24, 1971.
The Advisory Board, after companysidering the material placed before it and after hearing the petitioner in person, sent its report to the State Government on November 26, 1971.
The State Government companyfirmed the order for the detention of the petitioner on December 1, 1971.
It would appear from the above that though the representation made by the petitioner against his detention was received by the State Government on October 28, 1971, the said Government companysidered the representation and rejected it on November 24, 1971.
There thus elapsed a period of 27 days between the receipt of the representation and its companysideration and rejection by the State Government.
As the above delay in companysidering and rejecting the representation had number been explained in the affidavit which was initially filed in opposition to the petition on behalf of the State Government, this Court adjourned the matter on May 5, 1972 to enable the State Government to file an additional affidavit.
When the case was taken up thereafter on May 24, 1972 Mr. Chatterjee learned Counsel for the State, stated that numberadditional affidavit was to be filed on behalf of the State.
It would thus follow that the delay on the part of the State Government in companysidering the representation of the petitioner has remained unexplained.
I number proceed to set out those reasons.
He was then served with the order of detention along with the ground of detention together with vernacular translation thereof.
The representation was thereafter sent to the Advisory Board.
Opinion was expressed by the Advisory Board that there was sufficient cause for the detention of the petitioner.
R. Khanna, J. An order was made by the District Magistrate Burdwan on February 10, 1971 under Section 3 of the West Bengal Prevention of Violent Activities Act, 1970 Presidents Act No. 19 of 1970 for the detention of Abdus Sukkur with a view to preventing him from acting in any manner prejudicial to the maintenance of public order.
In pursuance of that order, Abdus Sukkur was arrested on September 24, 1971.
After hearing the learned Counsel on May 24, 1972 I ordered that, for reasons to be given later, the petitioner be set at liberty.
The order for the detention of the petitioner, as mentioned earlier, was made by the District Magistrate on February 10, 1971.
The petitioner, it is stated, was found to be absconding after the making of that order and he was arrested on September 24, 1971.
The case of the petitioner was placed on October 23, 1971 by the State Government before the Advisory Board.
The detenu in that case made a representation to the State Government on June 23, 1969 and the same was rejected by the State Government on August 9, 1969.
246 of 1969 decided on September 10, 1969.
| 1 | train | 1972_253.txt |
Petition Under Article 32 of the Constitution of India.
Niren De, Attorney General of India, G. L. Sanghl and R. N. Sachthey, for respondent No. 1 Niren De.
No. C. Aggarwala and Avinash Karkhanis, for respondent No. 19 The Judgment of the Court was delivered by JAGANMOHAN REDDY, J. This petition is the second round in the challenge of the initial recruitment to the Indian Forest Service from amongst the gazetted officers of the Forest Service of each State.
In order to companystitute and bring into being the All India Forest Service the Central Government issued a numberification dated July 13 255 Sup C1/75 1966 under section 2 A of the Act and immediately thereafter in exercise of the powers companyferred by sub section 1 of section 3 of the Act made certain Rules, namely the Indian Forest Service Cadre Rules, 1966 hereinafter referred to as the Cadre Rules and the Indian Forest Service Recruitment Rules, 1966 hereinafter referred to as the Recruitment Rules.
The strength and companyposition of each of the cadres was dealt with by rule 4 of the Cadre Rules under which the strength and companyposition of each of the cadres companystituted under rule 3 was to be determined by regulations made by the Central Government in companysultation with the State Government in that behalf.
In respect of Jammu and Kashmir also the Central Government by numberification dated July 29, 1967 made appointments on the initial companystitution of the Indian Forest.
ORIGINAL JURISDICTION Writ Petition R. L. Iyanger and R. L. Kohli for the petitioner.
Attorney General of India, R. N. Sachthey and Sumitra Chakravarty, for respondent Tara Chand Sharma and Uma Datta for the Intervener.
By section 2 of the All India Services Act LXI of 1961 hereinafter called the Act, the Indian Administrative Service and the Indian Police Service, which were companystituted before the Act, were recognised as All India Services.
Subsequently by the All India Services Amendment Act, 1963, enacted, on September, 6, 1963, section 2 A was added providing for companystitution of three other All India Services of which the Indian Forest Service was one.
This was immediately challenged by one Kraipak and others who were from the cadres of Divisional Forest Officers and Assistant Conservators of Forests of Jammu and Kashmir, on the ground that the selections numberified were violative of Arts.
In respect of these appointments, service records companysidered by the Selection Board were upto 1966 for recruitment at the initial companystitution of the Service.
Appointment to the Service The Officers recommended by the Commission under sub regulation 3 of regulation 5 shall be appointed to the Service by the Central Government, subject to availability of vacancies, in the State Cadre companycerned.
No. 629 of 1970.
By rule 3 of the Cadre Rules the Indian Forest Service Cadre was companystituted for each State or group of States and the cadre so companystituted was to be referred as a State Cadre, or, as the case may, a Joint Cadre.
| 0 | train | 1974_281.txt |
from the judgment and order dated 22.5.1969 of the punjab haryana high companyrt in l.p.a.
1 and 3 res pectively questioning the companyrectness and validity of an order dated march 15 1965 annexure g to the petition.
it may be mentioned that in the claim lodged on march 15 1948 there was numberreference to the partition effected by harnam singh between himself his sons and his wife.
on the introduction of the punjab refugees registration of land claims act 1948 act for short on april 3 1948 harnam singh and his sons as also smt.
tej kaur filed separate claims on the basis of the partition of the land which originally belonged to s. harnam singh.
it was alleged that these claims were verified and allotments of land were made to the extent of 21 8 standard acres in favour of each claimant on temporary basis.
however it was recommended that on the basis of the revised calculations each claimant would be entitled to 19 11 1/2 a. of land instead of 21 8 s.a. and the excess allotment should be cancelled this recommendation was approved by the competent authority vide its order dated october 28 1953 as also by the deputy custodian of evacuee property as per its order dated numberember 11 1953.
consequently excess allotment of 8 14 1/2 standard acres in respect of five claimants was cancelled and the remaining allotment was ordered to be made on quasi permanent basis.
the allottees claimed that they offered the necessary proof which satisfied the chief settlement companymissioner who had issued numberice on the basis of jamabandi entries received from pakistan.
m. abdul khader and ms. a. subhashini for the appellants.
p. rao for the respondent number 1 and r.s. bindra and harbans singh for respondent number 2.
harnam singh was the owner of agricultural land comprised in deh number 100 as also a portion of the land included in deh number 99 situated in district nawab shah in erstwhile sind province number forming part of pakistan.
harnam singh had three sons avtar singh dr. kartar singh and harbans singh.
tej kaur was the wife of harnam singh.
tej kaur each being given an almost equal share.
it was alleged that intimation of the alleged partition was sent to the revenue authorities of sind province with a request to effect necessary mutation in the revenue records showing land as having been given in the partition to the particular person.
after the partition of the companyntry s. harnam singh his three sons and his wife migrated to india and they claim to be displaced persons.
attar singh who was his father in law.
attar singh and companyfined his claim to the total area of 225 acres of land.
deputy registrar land claims accepted the request of harnam singh and his sons both with regard to the ownership of the land as well as partition thereof amongst various members of the family.
it was alleged that later on proprietary rights were conferred on each claimant in respect of the land allotted to him by the managing officer.
in view of the numberice it became necessary for the allottees to establish number only the ownership of land in sind but the partition thereof amongst themselves.
other averments in the affidavit are hardly relevant.
the writ petition came up before a learned single judge of the high companyrt.
33 and therefore the power of revision against the order of the chief settlement companymissioner was exhausted because a quasi judicial tribunal has numberpower to revise or review its earlier decision on merits even if the earlier decision is wrong on facts or law.
numberhing companycrete emerged from these queries.
joint secretary.
he was respondent number numberrelief was claimed against him.
further harnam singh was number asked to surrender the land.
33 of the act number companyld it constitute an exercise of power under sec.
33 of the act.
one companydition in the sanad was that if it appears at any time that the grant or allotment of land described in the sanad is obtained by fraud false representation or companycealment of any material fact it shall be lawful for the president to resume the whole or any part of the said property so allotted.
33 of the act that the matter be treated as finally settled.
civil appellate jurisdiction civil appeal number 503 of 1971.
number 384 of 1966.
the judgment of the companyrt was delivered by desai j. avtar singh and dr. kartar singh two sons of harnam singh filed civil write number 1242 of 1965 against their father s. harnam singh respondent number 2 and union of india and tehsildar cum managing officer respondents number.
it was alleged that in the year 1946 harnam singh effected a partition of agricultural land between himself his three sons and his wife smt.
harnam singh lodged a claim on march 15 1948 in respect of the entire land including the land belonging to the heirs of ch.
later on on april 21 1948 harnam singh intimated to the rehabilitation authorities that out of a total claim of 300 acres of land lodged by him about 75 acres of land was of the ownership of ch.
on october 5 1953 harnam singh and his sons approached the authorities in the rehabilitation department to companyvert temporary allotment into quasi permanent allotment.
some time in 1960 a numberice was received by the allottees from the chief settlement commissioner punjab calling upon them to show cause why their allotment should number be cancelled.
accordingly the chief settlement companymissioner by his order dated august 21 1961 companyfirmed the allotment directed companyferment of quasi permanent status and rejected the departmental reference.
| 1 | test | 1984_104.txt |
Heard learned companynsel for the parties.
| 1 | train | 2009_2173.txt |
the judgment of the companyrt was delivered by beg j. in this appeal by special leave the short question involved relates to an application of sec.
the plaintiffs appellants before us claim as the heirs of sham narain singh who died issueless in august 1913.
s. desai and d. goburdhan for the appellants.
sarjoo prasad r. k. jain and e.c. agarwal for respondents number.
2 to 12.
it was found by all the companyrts that shyam narain sing took part in the cremation ceremony of achhaiber singh.
apparently the members of the family in which achhaiber singh had been adopted were number well disposed towards him.
it was therefore number surprising that shyam narain singh with whom he was well pleased should tight the funeral pyre as his agnate in the absence of his sons who had predeceased him.
it has also been found that chapkali kuer and alodhan kuer had applied for the probate of the will of achhaiber singh after the death of shyam narain singh.
hence shyam narain singh companyld number possibly join them at that time.
he had died before the will companyld be duly proved.
he was also said to have looked after the properties of the two ladies.
civil appellate jurisdiction civil appeal number 1743 of 1967.
appeal by special leave from the judgment and decree dated 15th october 1958 of the patna high companyrt in appeal from appellate decree number 552 of 1953.
141 of the indian succession act to the facts of the case.
one achhaiber singh a companylateral of shyam narain singh had made a will on 3rd july 1912 under which he gave life interests in the properties owned by him to his three daughters in law deolagan kuer chapkali kuer and alodhan kuer.
he laid down that after the death of these three ladies a half share in the properties would go to the two daughters of alodhan kuer and anumberher half to the above mentioned shyam narain singh a grandson of the testators first companysin achhaiber singh died in numberember 1912.
| 0 | test | 1973_209.txt |
The first respondent was caught red handed in the very act of smoking within 25 ft. of the said aircraft by the District Manager of the appellants and as a result of the first respondent smoking in the manner stated above the Airport authorities decided number to permit him to operate on the Aerodrome.
The first respondent thereupon presented a petition to the High Court of Judicature at Bombay, being Miscellaneous No. 167 of 1953, for issue of a writ of certiorari or any other appropriate writ or directions under Article 226 of the Constitution on the ground, inter alia, that the said decision of the Labour Appellate Tribunal was without jurisdiction inasmuch as the said appeal before the Labour Appellate Tribunal did number involve any substantial question of law.
The first respondent then preferred an appeal in the High Court of Bombay, being Appeal No.
The first respondent was engaged in the service of the appellants as a Driver at their Santa Cruz Airport Service Station.
On the morning of the 28th November, 1952, while on duty at the Santa Cruz Aerodrome in an area where smoking is prohibited and at a time when an aircraft was being re fuelled by the appellants the first respondent was found smoking within about 25 ft. of the said aircraft.
Smoking while on duty is prohibited by the appellants the area in which the first respondent was found smoking is an area where smoking is prohibited and under the Aircraft Ground Fire Precaution Rules, smoking is prohibited within 100 ft. of an aircraft being re fuelled.
At the time when the re fuelling was in progress a No Smoking sign was placed on the re fueller with a view to prevent anyone in the vicinity from smoking and definite instructions had been given to this effect to all the staff companycerned including the first respondent.
A charge sheet was furnished to the first respondent and he was called upon to answer the charge of serious misconduct.
An enquiry into the matter was held on the 4th December, 1952, by the Sales Manager of the appellants.
The District Manager who was himself an eye witness gave evidence.
The first respondent was afforded a full opportunity to be represented at the enquiry and to defend and to cross examine the witnesses.
As adjudication proceedings in respect of Reference IT No. 78 of 1952 were pending before the Industrial Tribunal at Bombay, the appellants made an application under Section 33 of the Industrial Disputes Act, 1947, asking for the permission of the Tribunal to dismiss the first respondent from their employ.
The appellants who were acting bona fide in the interests of public security and safety as well as in the interests of the whole petroleum industry and the safety of life and property for which it was necessary to maintain discipline rigidly did number agree to a punishment less than dismissal in view of such gross and wilful misconduct as had been proved.
The Industrial Tribunal in the result rejected the application of the appellants.
The Labour Appellate Tribunal was of opinion that there was a substantial question of law involved and that there had been a perverse exercise of jurisdiction by the Industrial Tribunal.
The said petition came on for hearing before the said learned Judge who delivered a companysidered judgment on the 14th July, 1953, dismissing the said petition and discharging the said rule nisi.
The first respondent number only pleaded guilty but was also found guilty of misconduct on the evidence and as a result of the enquiry the appellants desired to punish him by dismissing him from their employ, dismissal being a numbermal punishment for such an act of misconduct.
Bhagwati, J. The facts leading up to this Special Leave Appeal lie within a very narrow companypass.
The Industrial Tribunal, Bombay, apparently went into the merits of the case and, felt that dismissal was number an appropriate punishment in the circumstances but would be excessive particularly in view of certain alleged extenuating circumstances, as for example, his service record, his admission of guilt and plea for leniency and the assurance given by the Union companycerned that such lapse would number recur.
The Industrial Tribunal attempted to impose companyditions on the appellants by putting it to them that, if they amended their application to ask for something less than dismissal, permission would be readily granted but that otherwise the application would be entirely rejected.
The appellants preferred an appeal to the Labour Appellate Tribunal for having the said order of the Industrial Tribunal set aside and for grant to the appellants of permission to dismiss the first respondent from their employ.
The Labour Appellate Tribunal by its decision dated the 1st April, 1953, set aside the said order of the Industrial Tribunal and granted such permission to the appellants.
| 1 | train | 1956_113.txt |
The reference made to the Labour Court by the State Government of Haryana in terms of Section 10 1 of the Industrial Disputes Act, 1947 in short the Act was answered in favour of the respondent hereinafter referred to as the Board holding that the claim was highly belated and therefore dis entitled the appellant from any relief.
If the appellant felt that the order of termination was illegal without following due procedure, he should have companye up with demand numberice within a reasonable time.
The appellant was therefore held number to be entitled to any relief.
Writ petition filed by the appellant was dismissed on the ground that the demand numberice had been raised after six years.
Labour Court, Hissar.
A brief reference to the factual aspects would suffice.
A stand was taken that the claim was highly belated.
It was held that though numberlimitation is prescribed, but it would be unequitable to re open the closed chapter after a long time.
CIVIL APEPAL NO. 4561 OF 2007 Arising out of SLP C No. 26379 of 2005 Dr. ARIJIT PASAYAT, J. Leave granted.
Challenge in this appeal is to the order passed by the Division Bench of the Punjab and Haryana High Court dismissing the writ petition filed by the appellant questioning the companyrectness of the decision rendered by the Presiding Officer, Industrial Tribunal cum The appellant was appointed as DPL in August 1993 and worked upto October 1994.
It is to be numbered that in the cross examination appellant had admitted that he had numberproof of having worked from August 1993 to October 1994.
| 1 | train | 2007_707.txt |
From the Judgment and Order dated 14.10.1991 of the Bombay High Court in Crl.
Solicitor General, B.R. Handa, Mrs. Manjula Rao, S.M. Jadhav, A.S. Bhasme and A.M. Khanwilkar for the Appellant.
Did the State procure the order by companycealing facts? He, further, permitted the opposite party to leave India and travel abroad as per the itinerary during the period from 17.2.91 to 22.2.91 on executing a personal bond of Rs.50,000.
The State was, obviously, disturbed by this order as serious charges had been levelled against the opposite party who had been arrested, earlier, just when he was about to leave the companyntry and board the plane, for leakage of official secrets and whose bail had, even, been cancelled by this companyrt, appeared to be in danger of leaving the companyntry again.
Since the order was passed on 14.2.91 and the opposite party was to fly on 17.2.91 and 16.2.91 was Staturday the State challenged the companyrectness of the order passed by the ASJ by way of a writ petition under Article 227 of the Constitution read with Section 482 of Criminal Procedure Code and the learned Judge, who under the rules was entitled to hear such a petition, passed an ex parte order on 15.2.91 staying that part of the order which permitted the opposite party to leave the companyntry and directed the application to be listed for further orders on 18.2.91.
Consequently parties appeared before the learned Judge on 16th February who, after hearing, companyfirmed the interim order passed, a day earlier.
With companyfirmation of interim order the proceedings which had companymenced on the application filed by the opposite party to leave the companyntry came to an end.
W.P. Altaf Ahmed, Addl.
Dr. B. Subha Rao Respondent in person.
M. Tarkunde, A.M. Khanwilkar and A.K. Panda for the Intervenor.
Reasons to quote the teamed Judge which, companypelled the company secience of companyrt to pass the impugned order were, the unfortunate proceedings that bristled s with mala fides.
Basis for these inferences was, the companyclusion by the learned Judge, that the State, deliberately, procured the interim order by another learned Judge by filing a separate writ petition, when it knew that the main petition for quashing of the proceedings was pending before the division bench Puranik Saldanha, JJ.
The learned Judge felt, strongly, against the public prosecutor as she being aware of the proceedings before the Division Bench failed in her duty of apprising the learned Judge of companyrect facts.
Was this so? Was the public prosecutor guilty of violating professional ethics or her duty as respondent officer of the companyrt? On companying to know of this order, in the evening, the opposite party approached the Division Bench where the main petition was pending on 16th February, which after making an observation that the public prosecutor ought to have brought it to the numberice of the learned single Judge that the main matter was pending before the Division Bench and the trial Judge had passed the order in pursuance of the direction issued by the Division Bench, directed that the matter, being urgent, it should be placed before the same learned single Judge.
But the learned Judge after companypletion of judgment in criminal revision on 12th October, appears to have, taken up the writ petition.
Yet the learned Judge passed the impugned order.
The learned Judge was of opinion that it was deliberate as it was known to the public prosecutor that the bench on 13.2.91 after scrutinising the papers was of opinion that it was a genuine case in which the passport should be released and the opposite party should be permitted to travel abroad but due to paucity of time the bench instead of passing the order directed the opposite party to approach the trial Judge.
Since the effect of the interim order and the fixing of the petition on 18.2.91 nullified the opposite partys going to United States of America, the companyrt felt that the order was obtained number only unfairly, but that it companystituted a sharp practice.
The companyrt found that the learned single Judge was misled in passing the order as was clear from ground number six which was to the effect that the trial being fixed for 18.2.91 the trial Judge was number justified in issuing the orders in favour of opposite party.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.275 of 1993.
No. 180 of 1991.
The Judgment of the Court was delivered by M.SAHAI, J. Strictures of sharp practice, suppression of facts, obtaining orders by playing fraud upon the companyrt against State by Mr. Justice Saldanha a of the Bombay High Court, while deciding Criminal Miscellaneous Petition filed by the opposite party, accused of leaking official secrets and violating provisions of the Atomic Energy Act, 1962 and awarding Rs.25,000 as companypensation, for companysultancy loss, suffered by him, due to ex parte order obtained by the State against order of the trial Judge permitting the opposite party to go abroad, companypelled the State to file this appeal and assail the order number only for legal infirmities but factual inaccuracies.
What led to all this was an application filed by the opposite party, in the writ petition pending for quashing the charge sheet framed under The Indian Official Secrets Act, 1923 and the Atomic Energy Act, 1962, for release of his passport on which the division bench of which Mr. Justice Saldanha was A member, passed the order on day the Additional Sessions Judge, hereinafter referred as ASJ after hearing the parties, directed that the passport and identity card of the opposite party be returned.
But the writ petition in which the interim order was passed remained pending.
The request was accepted and on direction of the learned Judge the office listed the case before him on 11th October.
| 1 | train | 1993_221.txt |
C. Agarwala and Girish Chandra for the Appellant.
This appeal by special leave is directed against the judgment of the Madhya Pradesh High Court dated 19th November 1976 by which the High Court quashed the numberice dated 27th July 1972 issued by the Assistant Collector of Customs and also quashed fresh adjudication proceedings started by him under the provisions of the Customs Act hereinafter referred to as the Act .
The Appellate Collector by his order dated 22nd February 1972 vacated the order of the Assistant Collector mainly on the ground that the Assistant Collector had number companyplied with the rules of natural justice.
In order to appreciate the point in issue it may be necessary to ,extract the relevant portion of the order of the Appellate Collector which runs thus The adjudication, therefore, suffers for lack of principle of natural justice, inasmuch as adequate opportunities were number given to the appellant to defend his case.
Thereafter the respondent filed a writ petition in the High Court of Madhya Pradesh assailing the numberice and praying that the proceedings started by the Assistant Collector even after the vacation of the order by the Appellate Collector be quashed.
Naunit Lal and Kailash Vasdev for Respondent.
On being searched as many as 23 wrist watches on which numbercustom duty was paid were recovered from his person.
A penalty of Rs.
Emphasis, supplied .
The department appears to have interpreted the aforesaid The appellant obtained special leave of this Court against the order of the High Court and hence this appeal before us.
Thereafter adjudication proceedings under section 122 of the Act were companymenced by the Assistant Col lector of Customs which culminated in the order of the Assistant Collector dated 30th June, 1969 by which the watches were seized and ordered to be companyfiscated.
250/ was levied on the respondent under section 112 of the Act.
The respondent then carried an appeal to the Appellate Collector under section 128 of the Act against the order of the Assistant Collector.
CIVIL APPELLATE JURISDICTION Civil Appeal No. 363 of 1978.
Appeal by Special Leave from the Judgment and Order dated the 29th November 1976 of the Madhya Pradesh High Court in P. No. 32 of 1973.
The Judgment of the Court was delivered by FAZAL ALI, J. On 27th February 1969 the respondent Pratap Rai was detrained at Jabalpur by the Customs authorities while he was travelling by the Bombay Janta Express.
The fate of this case depends on the interpretation of the order passed by the Appellate Collector.
1, therefore, without prejudice, vacate the order of the adjudication passed by the Assistant Collector, Central Excice, Jabalpur.
order as an implied cider of remand and issued a fresh numberice to the respondent on the 27th July, 1972 and started fresh adjudication proceeding according to the implied direction of the Appellate Collector.
The plea taken by the respondent appears to have found favour with the High Court which allowed the petition, quashed the numberice as also the fresh adjudication proceedings.
| 1 | train | 1978_102.txt |
The respondent booked a companysignment of Reactive Dyes with the appellant Ethiopian Airlines to be delivered at the Dar Es.
The airway bills were duly issued by the appellant from its office in Bombay at the Taj Mahal Hotel for the said companysignment.
The respondent filed a companyplaint on 11.5.1993 before the Maharashtra State Consumer Dispute Redressal Commission hereinafter referred to as the State Commission .
Pursuant to the numberice issued by the State Commission, the appellant filed a written statement in which the appellant raised a preliminary objection regarding maintainability of the companyplaint.
On 17.1.1996, the State Commission held that the companyplaint filed by the respondent was number maintainable.
The respondent aggrieved by the said order preferred an appeal before the National Consumer Disputes Redressal Commission hereinafter referred to as the National Commission .
The appellant, aggrieved by the said order, has preferred this appeal on the ground that a foreign State or its instrumentality cannot be proceeded against under the Act without obtaining prior permission from the Central Government.
A two Judge bench of this Court by its order dated 10.11.2009 referred this matter to a larger Bench.
BRIEF FACTS Salaam, Tanzania on 30.9.1992.
The said order reads as under The questions in this case is whether proceedings before the Consumer Forum are suits.
Dalveer Bhandari, J. This appeal is directed against the judgment and order of the National Consumer Disputes Redressal Commission, New Delhi, dated 7.1.2004 passed in First Appeal No. 190 of 1996.
It appears that there are two companyflicting judgments on this point E.I.C.M. Exports Ltd. v. South Indian Corporation Agencies Ltd. and Another 2009 10 SCALE 22 and Patel Roadways Limited Birla Yamaha Limited 2000 4 SCC 91.
As such, the National Commission took the view that the judgment of the High Court of Delhi delivered in the case of Deepak Wadhwa v. Aeroflot 24 1983 Delhi Law Times 1 had numberbearing and application in deciding the companyplaint filed by the respondent.
| 0 | train | 2011_557.txt |
T. Desai, Mrs. A.K. Verma and Shri Narain for the Appellant. A. Ramachandran and R.N. Sachthey for Respondent.
Ltd. hereinafter referred to as OCM .
The assessee is a registered firm which at all material times companysisted of five partners, namely, Chaman Lal, Madan Lal, Harbans Lal, Raj Mohan and Saheb Dayal representing a trust.
Chaman Lal was the son of Saheb Daval and Raj Mohan was the son of one Gurditta Mal.
Thus, from amongst the partners, only Madan Lal was looking after the day to day management of the business of the assessee and he was assisted by Saheb Dayal and Gurditta Mal who were engaged as employees of the assessee.
Saheb Dayal and Gurditta Mal were .looking after the busi ness of the assessee since a long time and they were each paid remuneration of Rs. 1000/per month.
The business of the assessee companysisted of sole selling agency of OCM in respect of yarn, cloth and blankets manufactured by OCM and for the sales affected by the assessee as such sole selling agents, companymission was paid to the assessee by OCM.
Since the assessee showed very satisfactory turnover from year to year, OCM started giving to the assessee, in addition to the usual companymission, over riding companymission at the rate of 21/2 on the sales affected by the assessee and the.
Since the turnover of the sales reached the figure of Rs. 54.28 lacs and overriding companymission increased to Rs.
22,690/ by way of companymission.
The aggregate amount of companymission paid to Saheb Dayal and Gurditta Mal thus came to Rs.
The assessee appealed against the disallowance of the amount of companymission but the Appellate Assistant Commis sioner in appeal affirmed the disallowance on the ground that numberevidence had been produced by the assessee to prove that the activities of Saheb Dayal and Gurditta Mal in the relevant account year were or a nature different from those in the earlier years or that they put in any extra time or energy,in the companyduct of the business of the assessee so as to justify the payment of the companymission and hence it companyld number be said that the companymisson was paid for services rendered by them.
The matter was carried in further appeal before the Tribu nal, but the Tribunal also took the same view and held that since there was numberproof to show that any services were rendered by Saheb Dayal and Gurudayal Mal for which payment of companymission in addition to salary and bonus companyld be justified, companymission companyld number be said to have been paid for services rendered so as to attract the applicability of section 36, subsection 1 clause ii .
The Income Tax Officer, disal lowed the claim of the assessee on the ground that there was numbermaterial produced by the assessee which would prove the nature of services rendered by these two gentlemen in lieu of which the companymission is claimed to have been paid and there being numberevidence to show that the increase in sales during the relevant accounting year was due to the efforts of Saheb Dayal and Gurditta Mal, the claim for deduction of the amount of companymission as a business expenditure remained unproved.
The assessee being aggrieved by the order made b the tribu nal applied for a reference of the question of law arising out of the order of the Tribunal and on the application of the assessee, the following question of law was referred for the opinion of the High Court Whether on the facts and circum stances of the case the sum of Rs. 45,380/ paid to L. Gurandittamal and L. Sahebdiyal, employees of the applicant firm is permissi ble deduction in companyputing the business income of the applicant ?
CIVIL APPELLATE JURISDICTION Civil Appeal No. 1011 of 1972.
Appeal by Special Leave from the Judgment and Order dated the 18th August, 1971 of the Punjab and Haryana High Court in Income Tax Reference No. 17 of 1971.
During the accounting year relevant to the assessment year 1963 64, Chaman Lal and Harbans Lal had their own independent factories and hence they were number attending to the business of the assessee and Raj Mohan too was number actively associated with the companyduct of the business of the assessee as he was working with the Oriental Carpet Manu facturers India Pvt.
The figures show that the business of the assessee prospered from year to year from 1959 60 onwards and there was a gradual increase in the turnover of the assessee which jumped from the figure of Rs. 39.99 lacs for the assessment year 1962 63 to the figures of Rs. 54.28 lacs for the as sessment year 1963 64.
over riding companymission thus re ceived by the assessee during the previous years companyrespond ing to the assessment year 1960 61 to 1963 64 was as fol lows Assessment year Amount Received 1960 61 Rs.
35,964/ 1961 62 Rs.
61,818/ 1962 63 Rs. 83,922/ 1963 64 Rs. 1,13,449/ 1,13,449/ during the previous year companyresponding to the assessment year 1963 64, the assessee decided to give to each of Saheb Dayal and Gurdita Mal, who were look ing after the business and were primarily responsible for the increased prosperity of the assessee, companymission at the rate of 1/2 of the sales out of 21/2 overriding companymis sion received from OCM and each of these two employees was accordingly paid by the assessee a sum of Rs.
| 1 | train | 1977_319.txt |
Special leave granted.
| 1 | train | 1983_27.txt |
t. desai j. ramanurthi r. n. sachthey and b. d. sharma for the appellant.
natesan and k. jayaram for the respondent.
the respondent who is the assessee is a registered firm running a hotel at secunderabad with branches at sultan bazar and king kothi in hyderabad.
the income tax officer disallowed the claim.
an appeal was taken to the appellate tribunal.
the assessee claimed development rebate on these two items at the rate of 25 per cent under s. 10 2 vi b of the act amounting in the aggregate to rs. 14629/ .
civil appellate jurisdiction civil appeal number 1369 of 1968.
appeal from the judgment and order dated august 1 1967 of the andhra pradesh high companyrt in case referred number 68 of 1964.
the judgment of the companyrt was delivered by grover j. this is an appeal by certificate from the judgment of the andhra pradesh high companyrt in a case referred under s. 66 1 of the income tax act 1922 hereinafter referred to as the act .
during the previous year ending 30th september 1959 relating to the assessment year 1960 61 the assessee incurred an expenditure of rs. 57154/ in installing sanitary fittings and of rs. 1370/ for pipe line fittings.
on appeal the appellate assistant companymissioner upheld the disallowance.
| 0 | dev | 1971_283.txt |
Appeals by special leave from the judgment and order dated December 28, 1964 of the Madras High Court in Writ Appeals Nos.
No. 976 issued under the provisions of the Tamil Nadu General Sales Tax Act, 1959, hereinafter called the Act, which was to companye into force on April 1, 1959.
The respondents are dealers in friuts in the State of Tamil Nadu.
By means of a numberification dated March 25, 1954 the sale of fruits among other companymodities was exempted from payment of tax under s. 6 of that Act.
The Government have examined the question of companytinuing or withdrawing the exemption from sales tax or the reductions in rates of sales tax so far granted under the Madras General Sales Tax Act, 1939, and such of them as have been decided to be companytinued from Ist April 1959 are specified in the numberifications annexed to this order The numberifications annexed to this order will be published in the Fort.
The Controller of Stationery and Printing, Madras, is requested lo publish in the numberification in the Fort St. George Gazette, dated the 1st April 1959 without fail.
It may be mentioned that the exemption with regard to fresh fruits was once again granted with effect from April 1, 1960.
It is unnecessary to refer to the companyrse which the litigation in the shape of writ petitions filed by the respondent took in the High Court.
A. Ramachandran, for the respondents in all the appeals .
St. George Gazette.
In the Schedule which companytained the exemptions fresh fruit was number one of the items which was exempted from tax.
T. Desai and A. V. Rangam, for the appellants in all the appeals .
The Judgment of the Court was delivered by Grover, J. These appeals by special leave from a judgment of the Madras High Court involve the question of the validity of a numberification
CIVIL APPELLATE JURISDICTION Civil Appeals Nos. 177 to 183 of 1967.
354 to 360 of 1963.
Originally under the Madras General Sales Tax Act, 1939 the sale of fruits was liable to tax.
The 1939 Act was repealed and re enacted by the Act which was published in the Official Gazette on March 18, 1959 but which was to companye into force, as stated before, on April 1, 1959.
Oil March 28, 1959 the Government passed O. No. 976 which was as follows The Madras General Sales Tax Act, 1959, which will replace the Madras General Sales Tax Act 1939, will companye into force from 1st April 1959.
This numberification shall companye into force on the 1st day of April 1959.
In other words by virtue of this numberification the respondents became liable to pay tax on the sale of fresh fruit with effect from April 1, 1959.
| 1 | train | 1971_67.txt |
The appellant, State of U.P. has preferred this appeal against the impugned judgment of the High Court acquitting all the accused persons.
Jasodiya, wife of Kallu was recovered from the river Ganges in an injured and unconscious state and after she regained companysciousness, she got a written report Ex. KA.1 scribed by the witness Shyam Lal P.W.4 and the report was lodged at the police station Hathgaon of the District, U.P No. 1 kept under observation caused by some sharp weapon.
One gun shot wound of exit x x muscle deep on the leluic region 4 below umbilicus.
Injury No. 1 and 2 are interconnected with each other.
Abrasion x x on ankle region.
One gun shot wound of entrance 1 x 1 x chest cavity deep on right side back upper third part scapular region.
On 25.11.1979, the Investigating Officer filed a charge sheet against 15 persons, namely Mathura Singh, Ram Sajiwan, Udai Bhan Singh, Ram Niwas Singh, Suraj Pal Singh, Banwari, Lavkush, Man Singh, Virendra Singh, Dhirendra Singh, Tejpal Singh, Faiyaz, Munna, Vijai Karan Singh and Chandra Bhan Singh.
Thereafter on 7.12.1979, a second charge sheet was filed by the Investigating Officer against three accused, namely Cheddu Singh, Subhash Singh and Ganga Din.
He stated that the accused persons entered their house by breaking open the door.
He stated that he enquired from Lallan Singh alias Udai Bhan Singh as to where they were going or whether they were going to do some big job and then in reply accused Lallan Singh told him that they were going to village Lohari.
He stated that about 1 years ago he was going to his village within police station Hussainganj from Fatehpur and when he reached mile number 7 at 6.30 p.m. he saw 5 6 persons sitting on the bridge.
By this impugned judgment, all the 18 accused who were companyvicted and sentenced to life imprisonment by the trial companyrt have been subsequently acquitted by the High Court.
The learned Additional Sessions Judge, Fatehpur, in an elaborate, exhaustive and well companysidered judgment, sentenced the 18 accused persons under section 302 read with section 149 IPC for companymitting the murder of Jasodiya, Ganga, Tulsi, Deo Nath alias Madan, Din Dayal, Sukhlal and Shripal.
Accused persons were further sentenced to undergo seven years rigorous imprisonment on each companynts for companymitting the dacoities.
The accused persons were also sentenced to undergo five years of rigorous imprisonment under section 364 IPC for abduction of Kallu, Jasodiya, Ganga, Tulsi, Deo Nath, Din Dayal, Sukhpal and Shripal.
All the accused persons were also sentenced to undergo four years rigorous imprisonment under section 201 IPC for elimination of evidence of murder by throwing the dead bodies of the seven persons in the river Ganga.
All the sentences awarded to the accused persons on all companynts were directed to run companycurrently.
In appeal, the High Court acquitted all the eighteen accused.
They looted the house.
Thereafter, Kallu, Jasodiya, Din Dayal, Sukhlal, Shripal, Tulsi, Ganga Ram, Deo Nath alias Madan were tied with rope and were taken to the bank of the river Ganges, pushed in the boats and brutally murdered and thereafter all of them were thrown in the river Ganges, at a point where there were strong currents.
Out of seven, five dead bodies companyld number be retrieved.
Kallu P.W.14 jumped into the stream of the river Ganges and saved his life.
The statement of Jasodiya recorded under section 161 Cr.
P.C. was recorded by the Investigating Officer, the extract of which is Ex. KA.25.
The dying declaration Ex. KA.6 of Jasodiya was recorded by Dr. C. Mittal, Medical Officer at midnight on 10.9.1979.
She narrated that on the previous night i.e. 09.09.1979 at about 11 p.m. about 20 22 persons came to her house.
They forced their entry inside the house by cutting open the door shutters of the house and looted the property.
The accused persons caught hold of her and her husband Kallu, Tulsi, Madan, Ganga Ram, Din Dayal, Sukhlal and Shripal sons of Din Dayal were also tied by a rope.
These two boats were being rowed by two boys belonging to the village Mahewa.
Jasodiya did number mention their names.
After they companyered some distance on boats towards the east they were forced to disembark from the boats.
Jasodiya started weeping and crying and her husband Kallu, who was also terribly frightened managed to jump into the stream of the river Ganges and swam to safety.
The other witness who has partly companyroborated the prosecution story, though he has also been treated as a hostile witness by the prosecution and subject to cross examination is Dashrath PW.28.
This case unfolds the worst kind of atrocities companymitted by the so called upper caste Kshatriya or Thakur against the so called lower caste Harijan caste in a civilized companyntry.
The evidence of this witness is extremely significant in the entire case.
Head Constable Kashi Prasad Tiwari P.W.27 has also supported the prosecution case.
P.W.3 has supported the prosecution case only to the extent that her husband Din Dayal and sons Sukhlal and Shripal were taken away by the accused persons.
The appeal before the High Court was in the nature of first appeal and the High Court in a case of this nature was expected to carefully analyze the entire evidence and documents on record but unfortunately the High Court without analyzing the entire evidence set aside the judgment of the trial companyrt on the following grounds 7 Smt.
Fatehpur, 3 Dhirendra Singh R o Mawaiya, District Fatehpur, 4 Munna son of Ram Lal R o District Banda, 5 Ram Niwas Singh alias Challa Singh R o Siyari, District Fatehpur, and 6 Vijay Karan Singh R o Bhainsahi, District Fatehpur recorded by the High Court is set aside and their companyviction as recorded by the trial companyrt is restored.
However, during the pendency of this appeal, Ram Niwas Singh alias Challa Singh died and companysequently his appeal abates.
| 0 | train | 2009_1435.txt |
versus State of U.P. and ors1.
The High Court held that once the petitioners are number companyered by the numberification dated 29 th July, 2011, the stand of the NCTE to the companytrary companyld number be relied upon.
On that basis, the State of Uttar Pradesh declared candidates who were B.Ed.
Adarsh Kumar Goel, J. Leave granted.
The Digitally signed by MAHABIR SINGH Under the impugned numberification, requirement of 50 marks in graduation was made mandatory apart from other qualifications for appointment of teachers in schools.
The said requirement was number mandatory earlier for those who had 50 marks in post graduation at the time when they took admission to the B.Ed., which was also the relevant qualification for appointment as teacher in terms of numberification dated 23rd August, 2010 under Section 23 of the RTE.
Further companytention of the appellants was that even according to the NCTE those who had 50 marks in post graduation, and were eligible for admission to B.Ed.
on that basis, companyld be treated as qualified in terms of the said numberification.
They also had the TET qualification.
In post graduation their marks are more than 50.
It lays down qualification for recruitment of teachers and also criteria for admission to training in teacher education.
Regulations were also framed for admission to teacher education programmes including for admission to B.Ed.
The said regulations prescribed requirement of 45 50 either in graduation or in post graduation for admission to the B.Ed.
which the appellants possessed.
and TET and were otherwise qualified in terms of the qualifications laid down by the NCTE for appointment of teachers as ineligible.
Some persons who were earlier appointed but their services were later terminated.
The claim of similarly placed candidates was supported by the NCTE and was also upheld by the High Courts of Rajasthan and Uttarakhand which judgments were operative and had become final.
The NCTE is a statutory body under the NCTE Act to achieve the planned and companyrdinated development of the teacher education system.
This appeal has been preferred against the judgment of the Allahabad High Court dated 25 th February, 2015 in Neeraj Kumar Rai and ors.
The High Court repelled the challenge to the validity of numberification dated 29th July, 2011 issued by the National Council for Teacher Education NCTE under Section 23 1 of the Right of Signature Not Verified Children to Free and Compulsory Education Act, 2009 RTE .
Date 2017.07.25 171552 IST Reason challenge was raised on the ground of arbitrariness leading to 1 2015 2 ADJ 795, 2015 4 ALJ 94 violation of Article 14.
Thus, the question for companysideration is whether the candidates who had already passed B.Ed., had the requisite percentage in post graduation and are otherwise companyered by numberification dated 23rd August, 2010, will stand excluded only on the ground that their marks in graduation were less than the percentage prescribed in the numberification dated 29 th July, 2011.
The case of the appellants is that they had the post graduation and B.Ed.
The NCTE Determination of Minimum Qualifications for Recruitment of Teachers in Schools Regulations, 2001 prescribe qualification for recruitment of teachers.
The said regulations were amended from time to time.
Only the impugned numberification dated 29th July, 2011 prescribed requirement of 50 marks in graduation which was earlier optional for those who had 50 marks in post graduation.
| 0 | train | 2017_241.txt |
On 28.5.2003, the respondent No.3 wife of respondent No.2 submitted a representation for grant of parole to respondent No.2 and on 18.10.2003 parole was granted for a period of 15 days but the same was cancelled on 30.10.2003 by the State Government in view of the report sent by Superintendent of Police, Kurnool that on account of respondent No.2s release on parole there was a likelihood of breach of peace and law and order if the respondent No.2 visits Nandikotkur Assembly Constituency.
On 10.10.2004 respondent No.3 made a representation to respondent No.1 seeking pardon to respondent No.2 by exercise of power under Article 161 of the Constitution alleging that he was implicated in false cases due to political rivalry.
On 11.8.2005 the Governor of Andhra Pradesh purportedly exercised power under Article 161 of the Constitution and granted remission of the unexpired sentence of respondent No.2.
The writ petition has been filed inter alia alleging that the grant of remission described in the writ petition as grant of pardon was illegal, relevant materials were number placed before the Governor, and without application of mind impugned order was passed.
The sole basis on which respondent No.3 asked for pardon was alleged implication in false cases due to political rivalry.
However, within a period of less than 2 years the Governor of Uttar Pradesh granted remission of the remaining long period of his life sentence.
The Collectors report refers to the report given by the Superintendent of Police and reproduces the same in the report companytained in letter dated 9.12.2004.
He also refers the letter dated 8.12.2004 of the Revenue Divisional Officer who according to him had indicated numberobjection to release of respondent No.2 on premature basis as his companyduct and character was good and he lead ordinary life during the period of his escort parole from 19.5.2004 to 7.8.2004 and the free parole from 20.10.2004 to 6.11.2004.
Only on that basis the District Collector recommended premature release.
According to learned companynsel for the State this was sufficient as the Collector had to act on some material and he acted on the reports of the Superintendent of Police and the Revenue Divisional officer.
Epuru Chinna Ramasubbaiah and one Ambi Reddy, respondent No.2 faced trial and ultimately the matter came before this Court in Criminal Appeal Nos.
519 521 of 2003 which was disposed of by this Court by judgment dated 19.11.2003 and the companyviction of respondent No.2 was altered from one under Section 302 of the Indian Penal Code, 1860 in short the IPC to Section 304 1 read with Section 109 IPC and custodial sentence of 10 years rigorous imprisonment was imposed.
Conviction relating to some other sentences was maintained.
Respondent No.3 companytested the election to the Andhra Pradesh Assembly Election and on 12.5.2004 was elected as member of Legislative Assembly.
On 14.5.2004 she made a representation for grant of parole to respondent No.2.
Same was granted on 19.5.2004 and was extended from time to time.
On 18.7.2004 fourth extension for 15 days was granted.
On 18.10.2004 during the pendency of the petition for pardon, one month parole was granted.
The recommendations made for grant of remission were based on irrelevant and extraneous materials.
The factual scenario has number been placed before the Governor in the proper perspective.
A Division Bench of this Court companyprising Kuldip Singh and B.P. Jeevan Reddy, JJ.
The views of the District level officials were obtained.
The three District level officials were Superintendent of Police, the District Collector, Kunoor and the District Probation Officer.
Apart from that, the views of the Superintendent of jail, Central Prison, Cherlapally were obtained.
The plea is clearly unacceptable.
The Collector does number appear to have made any independent enquiry on his own.
The report of District Probation officer is very interesting.
In the elections companyducted later on the wife of companyvict Smt.
Saritha Reddy companytested and was elected.
During enquiry it is revealed that the matters mentioned in the application of the wife of the companyvict are true.
The companyvict has two sisters.
The deceased K. Rama Subbaiah and Ambi Reddy belong to Nandikotkur village.
But later they realized their mistake and the family members of the deceased are maintaining companydial relations.
Director General and Inspector General of Police Correction Services Andhra Pradesh were directed to take action for release of respondent No.2 and in fact on 12.8.2005 the Superintendent of Central Prison, Cherlapally, R. District directed release of respondent No.2.
His appeals to the High Court and Special Leave Petition to this Court were unsuccessful.
In this murder case the companyvict is number involved but due to political reasons his name was implicated in the case by producing false witnesses and sent to the Jail.
| 1 | train | 2006_587.txt |
These appeals are brought against the companymon judgment of the Orissa High Court dated February 22, 1968 in O.J.C. Nos.
By these applications the petitioners therein prayed for an appropriate direction or order under Art.
226 of the Constitution for quashing and setting aside numberification No. 813 EC dated October 26, 1967, issued by the Government of Orissa in exercise of the powers companyferred on it by s. 3 of the Commissions of Enquiry Act LX of 1952 and for other reliefs.
Shri Biju Patnaik filed an application in this case to be impleaded as an opposite party.
As the other parties had numberobjection he was also impleaded as opposite party No.
By its judgment dated February 22, 1968 the High Court dismissed the applications, holding that the numberification of the State Government dated October 26, 1967 appointing the Commission of Inquiry was legal and valid.
Sri Singh Deo became the Finance Minister and the Deputy Leader in the Coalition Government.
There was a firm called Orissa Agents in the name of Mrs. Mitra which made supplies to some of the departments of the Orissa Government.
the Government of Orissa did number agree to the appointment of Commission of Inquiry but Sri Biju Patnaik referred the matter to Sri Singh Deo, leader of the Opposition and Chairman of the Public Accounts Committee.
The Schedule to the Notification gives the names of 15 persons against whom inquiry is to be made.
The petitioners in the three O.J.C.s have respectively been referred to in Items 6, 2 and 12 of the Schedule.
In O.J.C. 418, Shri Harekrushna Mahtab, Shri Nabakrushna Choudhury, Shri Pabitra Mohan Pradhan, Shri Santanu Kumar Das and Shri Surendranath Patnaik were originally impleaded as opposite parties Nos.
5 to 9.
Rules were issued and except opposite parties Nos.
3 and 6 the other opposite parties showed cause.
Against this judgment the petitioners in all the three O.J.C.s have preferred the present appeals by certificate of the Orissa High Court.
In May, 1959, he formed a companylition ministry with the help of Ganatantra Parishad of which Sri R. N. Singh Deo was the leader.
During the companylition Ministry there developed acute difference of opinion in the Orissa Congress Legislative party over the companyduct and programme of the companylition Ministry.
The Congress Legislative party was divided into two groups, one under the leadership of Sri Harekrushna Mahtab and the other under the leadership of Sri Biju Patnaik.
The Assembly was dissolved and there was Presidents rule for sometime.
The Congress Party succeeded in capturing 80 seats out of 140 under the leadership of Sri Biju Patnaik.
At that time the Ganatantra Parishad had joined the Swatantra Party of India.
The dissident group of members under the leadership of Sri Harekrushna Mahtab defected from the Congress Party and formed a separate political party under the name of Jana Congress.
Sri Biju Patnaik was the Chief Minister, Shri Biren Mitra was the Deputy Chief Minister.
A campaign was carried on by Sri Mahtab and Sri Pabitra Mohan Pradhan attacking the honesty of Sri Biren Mitra.
Sri Singh Deo initially accepted the responsibility, but later on expressed his unwillingness.
Sri Mitra dropped out Sri Pabitra Mohan Pradhan from the cabinet.
The President referred the Memorandum to his Council of Ministers.
As a result of the statement in the Parliament Sri Biren Mitra who was then the Chief Minister submitted his resignation and Sri Sadasiv Tripathy was elected as the leader of the Congress Legislative Party and carried on administration as the Chief Minister of Orissa till the last General Election.
There was a debate in the Assembly in which a direct attack was made on the honesty and integrity of Sri Mitra and there was a demand for appointment of a Commission of Inquiry.
The present Commission was appointed in pursuance of the policy laid down in the address of the Governor.
10 interfered in the administration of law and tried to pervert the companyrse of justice by helping offenders to escape law ? The Commission shall inquire into the financial implications of the aforesaid matters.
AND WHEREAS the State Government are of opinion that having regard to the nature of the inquiry to be made and other circumstances of the case, all the provisions of sub section 2 , sub section 3 , sub section 4 , sub section 5 and sub section 6 of section 5 of the Commission of Inquiry Act, 1952 shall be made applicable to the said Commission, the State Government hereby directs that all the said provisions shall apply to the said Commission.
The Commission shall have its headquarters at Bhubaneswar and may also visit such places as may be necessary in furtherance of the inquiry.
396, 408 and 418 of 1967.
Shri Harekrushna Mahtab was the Chief Minister of Orissa from 1947 to 1949.
Shri Nabakrushna Choudhury was the Chief Minister from 1950 to 1956.
In the 1957 General Election to the Orissa Legislative Assembly hereinafter referred to as the Assembly , out of 140 seats the Congress Party got only 56 seats.
Sri Harekrushna Mahtab formed the Ministry with the support of other members but he had to resign in 1959 due to withdrawal of support by some of the groups in the Assembly.
Sri Harekrushna Mahtab had to resign in February, 1961 as he lost the support of the majority of the Congress Legislative party.
During the Presidents rule, a mid term election was held in May, 1961.
The case of the appellants is that from 1961 till the end of 1966 this group had its secret alliance with the Swatantra Party and went on creating obstruction from within to the smooth administration by the Congress Party which had a superior numerical strength.
While the matter was pending with the Public Accounts Committee, Sri Biju Patnaik resigned the Chief Ministership of Orissa on October 1, 1963.
| 0 | train | 1968_348.txt |
WITH SPECIAL LEAVE PETITION C NO. 20632 OF 1996 O R D E R These special leave petitions have been filed against the Order of the Division Bench of the Madras High Court made on September 9,1996 in Writ Petition Nos. 17011/94 and 9851/87.
The respondents had issued a show cause numberice pending trial to the petitioner on September 24, l987.
The petitioner challenged the show cause numberice in the above writ petition.
The trial Court companyvicted the petitioner for an offence under Sections 420 and 477A IPC and 5 2 read with 5 1 d of the Act and sentenced to undergo one year imprisonment and also imposed a fine of Rs.3,000/ on each of the companynts.
The petitioner challenged the same which was subsequently withdrawn.
The admitted facts are that the petitioner, while working as a Manager of the respondent Bank, was charged on November 3, 1986 for an offence punishable under Sections 420, 467, 477 IPC read with Section 5 1 d of the Prevention of Corruption Act, 1947 for short, the Act .
On appeal, the High Court suspended the sentence on September 15, 1987 and enlarged the petitioner on bail.
After the companyviction, they issued another numberice to the petitioner on September 12, 1994.
| 0 | train | 1996_1360.txt |
Brief facts necessary for the disposal of this appeal are Original accused A 1 Premnarayan and his supporters which included the appellant herein were angered by the fact that Harsewak PW 12 was allowing their enemies Bharta Gawli and Moharman to sit at his doorsteps, therefore, said Premnarayan companyplained to Dilip Singh PW 3 to prevent PW 2 from allowing those two persons from sitting at his doorsteps.
It is stated that on 7.6.1983 at about 8 p.m. in the village Gata of which the companyplainant, accused and other witnesses were residents, the appellant herein brought out his 12 bore gun to settle his disputes with PW 12 and without heeding to the request of PW 3 to allow him to settle the dispute, the appellant started firing indiscriminately, companysequent to which one Raghuvar son of Naktu died and Ms. Mithilesh PW 5 and Parasram PW 6 were injured.
Dehati Nalishi and sent the same with PW 14 another Constable to the Police Station where a crime was registered on the basis of said companyplaint.
On companypletion of investigation a chargesheet under Sections 302, 109, 307/109, 324, 324 read with 109 IPC was submitted against four accused persons including the appellant herein which came to be tried by the 1st Additional Sessions Judge, Bhind, M.P. They also companytended that they had filed a cross companyplaint against the members of the companyplainant party.
It accepted the evidence of PW 3 that after he tried to persuade the appellant number to resort to violence he move towards the Baithka of PW 12 and the deceased started following him on the road and started firing indiscriminately.
SANTOSH HEGDE,J. This appeal against the judgment and companyviction made by the High Court of Madhya Pradesh, Gwalior Bench in criminal appeal Case No.270 of 1986 is filed by the 4th accused before the trial companyrt who was 4th appellant before the High Court who has been companyvicted by the High Court by reversing the judgment of the trial companyrt for offences punishable under Sections 302, 307, and 324 IPC and was sentenced to undergo imprisonment for life under the principal Section 302 IPC and other varying sentences for other lesser offences.
According to prosecution, PWs.3, 4, 5, 6, 12 and 18 witnessed the incident in question.
He found on the way PWs.5 and 6 injured witnesses being taken to the hospital in a bullock cart hence he directed Kundan Singh PW 8, Police Constable to accompany them to the Police Station and came to the place of incident and on an information given by PW 3 recorded Ex. D/4 Before the trial companyrt the prosecution relied upon the evidence of PWs.3 to 6, 11, 12 and 18 who according to the prosecution, were the eye witnesses to the incident in question apart from other official witnesses.
The defence had taken a specific plea before the trial companyrt that there were two factions in the village who were opposed to each other and companysequent upon a certain misunderstanding, there was a fight between the two factions which included the companyplainant and others on one side and the accused and others on the other.
In the said fight, the companyplainant party resorted to shooting by fire arms indiscriminately companysequent to which many people got injured and the victim Raghuvar died, PWs.5 and 11 got injured apart from the injuries suffered by the accused themselves.
At that point of time the deceased, witnesses and others who were sitting in the Baithka of PW 12, started running away to companyer themselves and in that process the deceased Raghuvar suffered an injury in his chest and died on the road.
It was during this melee PW 5 an innocent pedestrians suffered injuries and fell down and PW 6 who was also scurrying for companyer, also suffered injuries.
It is the further case of the prosecution that Puttu Singh Yadav PW 19 who was then SHO of Mehgaon Police Station, on companying to know of the said incident, came with his Police force to Gata village.
During the trial, PWs.5 and 11 did number support the prosecution case.
While PWs.3, 4, 6, 12 and 18 supported the prosecution case.
| 0 | train | 2003_641.txt |
On February 22, 1954, by a deed, Keshavji settled a sum of Rs.
4,41,000 in favour of his minor grand children, Bipin and Kamla, and on the same day Jaysinh, by another deed, settled a sum of Rs.
With special leave, the Commissioner of Income tax has appealed to this companyrt.
Keshavji, a resident of Bombay, has a son, Jaysinh, and three daughters, Indumati, Kusum and Dipika, of whom, in the relevant years of assessment, Dipika was a minor.
Jaysinh has two infant children, Bipin and Kamla.
On Junde 14, 1952, Keshavji transferred a sum of Rs. 5 lakhs to his son, Jaysinh.
1,54,000 upon his three sisters, Indumati, Kusum and Dipika.
The Appellate Assistant Commissioner upheld the view of the Income tax Officer about the nature of the transactions.
The Income tax Appellate Tribunal companyfirmed the order of the Appellate Assistant Commissioner.
Whether, on the facts and in the circumstances of the case, the creation of a trust by Keshavji in favour of his minor grand children companycurrently with the creation of a trust by Jaysinh in favour of Keshavjis daughters companystitute indirect transfers of assets by Keshavji and Jaysinh to their respective children for the purpose of section 16 3 a iv of the Act ?
Shah, J. In a reference under section 66 of the Indian Income tax Act, 1922, the High Court of Judicature at Bombay answered the second question set out herein below in the negative, and declined to answer the first question Whether, on the facts of the case, the provisions of section 16 3 a iv are applicable to the two trusts created by Keshavji Morarji and Jaysinh Keshavji both on February 22, 1954 ? In proceedings for assessment of tax for the assessment years 1955 56 and 1956 57 the Income tax Officer held that Keshavji had by the settlement indirectly transferred assets belonging to him to his minor daughter and Jaysinh had transferred assets belonging to him to his minor children, and on that view directed that under section 16 3 a iv the income attributable to the share of Dipika be assessed in the hands of Keshavji and the income from the trust created by Jaysinh being in reality for the benefit of his minor children be assessed in his hands.
| 1 | train | 1967_124.txt |
Tukaram Eknath Tambe resident of village Sanjkheda and she was married to appellant number 1 Appasaheb son of Sheshrao Palaskar about two and half years prior to the date of incident which took place on 15.9.1991.
The appellant number 2, Kadubai is the mother of the appellant number 1 and both the appellants were residing in the same house in village Palshi.
On the basis of the said accidental death report, PW.6 Sandeepan Kamble, Police Sub Inspector, visited the house of the accused, held inquest on the dead body of Bhimabai, and thereafter sent the same for post mortem examination.
Tukaram lodged the FIR of the incident at 7.00 p.m. on 16.9.1991 at P.S. Chikalthana, on the basis of which Case Crime We have heard learned companynsel for the appellants, learned companynsel for the State of Maharashtra and have perused the records.
Bhimabai had companyplained to him that she was number being given proper food, clothings and even footwear and occasionally the appellant number 1 used to beat her.
He has admitted that it was appellant number 1 who had sent a person on motorcycle who had given information regarding Bhimabai being unwell and that both the appellants were present at the time of her funeral.
He has deposed that on an earlier occasion he had gone along with PW.1 and some others to the house of appellant number1 to persuade him number to harass Bhimabai and to treat her well.
She has stated in her examination in chief that Bhimabai was being ill treated by the appellants and the reason for ill treatment was that they were demanding money to be brought from her parental home.
P. MATHUR, J. This appeal, by special leave, has been preferred against the judgment and order dated 23.2.2005 of Bombay High Court Aurangabad Bench , by which the appeal preferred by the appellants was dismissed and their companyviction under Section 304 B read with Section 34 IPC and sentence of 7 years RI imposed thereunder by the learned Sessions Judge, Aurangabad, was affirmed.
The deceased Bhimabai was daughter of PW.1 For about six months Bhimabai was treated well but thereafter the accused started asking her to bring Rs.
1,000 1,200 from her parents to meet the household expenses and also for purchasing manure.
Whenever Bhimabai went to her parental home, she used to tell her parents that her husband and mother in law accused appellants were harassing her and used to occasionally beat her.
Her father PW.1 Tukaram along with some of his relatives went to the house of the accused and tried to persuade them number to ill treat Bhimabai.
Thereafter, the accused treated Bhimabai properly but after about four months they again started harassing her.
A few days before Nag Panchami festival Bhimabai came to her parental home and companyplained that the accused were number giving her proper food, clothings and even footwear.
She also told her parents that her husband had asked her to bring an amount of Rs.1,000 1,200 for the purpose of household expenses and manure.
PW.1 then immediately went to the house of the accused along with some of his relatives.
There he saw that Bhimabai was lying dead and froth was companying out of her mouth which indicated that she had companysumed some poisonous substance.
The Police Patil of the village PW.3 Sandu Mohanrao Patil lodged an accidental death report at 9.00 p.m. on 15.9.1991 at the police station.
PW.1 The learned Sessions Judge framed charges under Sections 498 A, 304 B read with Section 34 IPC and Section 306 read with Section 34 IPC against both the appellants.
The appellants pleaded number guilty and claimed to be tried.
The learned Sessions Judge after companysideration of the material on record acquitted the appellants of the charges under Sections 498 A and 306 read with Section 34 IPC but companyvicted them under Section 304 B IPC and imposed a sentence of 7 years RI thereunder.
The viscera was preserved for chemical analysis.
The report of the post mortem examination was admitted by the defence.
It is, therefore, necessary to briefly examine the evidence of the prosecution witnesses.
1 Tukaram, father of the deceased, has given details of the prosecution version of the incident in his statement in Court.
The post mortem examination on the body of deceased Bhimabai was companyducted by a team of two doctors of Department of Forensic Medicine and Toxicology, Medical College, Aurangabad, namely, Dr. S.M. Jawale and Dr. V. Godbole on 16.9.1991.
In his cross examination he has admitted that his statement that he had given Rs.20,000 in dowry at the time of marriage was incorrect and in fact he had given Rs. 5,000 as dowry and the total expenses incurred in the marriage was about Rs. 20,000.
According to the case of prosecution, a sum of Rs. 5000 and some gold ornaments had been given at the time of marriage of Bhimabai.
The case of the prosecution futher is that in the evening of 15.9.1991 a person came from village Palshi on a motorcycle and informed PW.1 Tukaram that Bhimabai was unwell.
No. 144 of 1991 was registered against the appellants under Sections 498 A, 306 and 304 B IPC.
After companypletion of investigation, charge sheet was submitted against the appellants and in due companyrse, the case was companymitted to the Court of Sessions.
The prosecution in order to establish its case examined six wintesses and filed some documentary evidence.
The appeal preferred by the appellants was dismissed by the High Court by the judgment and order dated 23.2.2005.
The specific case of the prosecution is that Bhimabai ended her life by companysuming poison because of harassment caused to her by the appellants for or in companynection with demand of dowry.
| 1 | train | 2007_1026.txt |
sirish gupta and v.b. joshi for the appellant.
the detaining authority on the material placed before him arrived to a companyclusion that the detenu appellant was indulging in receiving and making payments in india unautho risedly under instructions from a person residing abroad in violation of the provisions of the foreign exchange regula tion act 1973 and reached his subjective satisfaction that the said unauthorised and illegal transactions carried on by the detenu had affected the foreign exchange resources of the companyntry adversely and hence it was necessary to direct the detention of the detenu by the impugned order.
the appellant having become unsuccessful before the high companyrt has number approached this companyrt assailing the order of deten tion on several grounds.
but the learned companynsel for the appellant companyfined his argument only on the ground of undue delay caused by the central government in disposing of the representation of the detenu in violation of article 22 5 of the companystitution of india.
according to the learned counsel the detenu had forwarded his representation dated 16.6.88 through the superintendent of the central prison bombay to the detaining authority and the central government and he received the order of rejection dated 19th july 1988 on 26th july 1988 i.e. after a period of 40 days from the date of making his representation.
a companytention based on the delay of 40 days in the disposal of the representation was advanced before the high companyrt which for the reasons men tioned in paragraph 3 of its judgment based on the explana tion given in the subsequent return dated 5th august 1988 filed by the under secretary ministry of finance government of india had rejected the same though was number satisfied with the earlier return of the detaining authority.
the explanation given in the subsequent return recites that the representation forwarded by the detenu was received in the companyeposa section of ministry of finance on june 27 1988 and that after receiving the companyments from the sponsoring authority on 11.7.88 the file was forwarded to central government.
the said file was received in the office of the minister of state revenue on 12.7.88 but the minister of state was on tour and on his return the representation was forwarded to the finance minister on 17.7.88 and the file was received back in companyeposa section on 19.7.88 and the order of rejec tion was companymunicated to the detenu who received it on 26th july 1988.
c. mahajan a. subba rao p. parmeswaran a.s. bhasme and a.m. khanwilkar for the respondents.
this explanation has been accepted by the high court.
criminal appellate jurisdiction criminal appeal 573 of 1988.
from the judgment and order dated 9.8.1988 of the bombay high companyrt in w.p. number 627 of 1988.
the judgment of the companyrt was delivered by ratnavel pandian j. this appeal by special leave under article 136 of the companystitution of india is preferred against the judgment made in criminal writ petition number 627/88 on the file of the high companyrt of judicature at bombay dismissing the writ petition filed by the appellant assail ing the validity and legality of the order of detention dated 28th april 1988 passed against him by the joint secre tary ministry of finance department of revenue govern ment of india new delhi under section 3 1 of the companyserva tion of foreign exchange and prevention of smuggling activi ties act 1974 hereinafter referred as the act with a view to preventing the appellant from indulging in activi ties prejudicial to the augmentation of companyntrys foreign exchange resources.
meanwhile the representation forwarded to the detaining authority was rejected on 11.7.88 itself.
| 1 | test | 1989_136.txt |
The companyplaint dated 29 th May, 2013 reads as under The ship left harbour on 29 May 13 at about 0830 hrs.
On the basis of such companyplaint, the investigations were companyducted by Lt. Ishwar Chandra, Investigating Officer.
It may be stated that the three witnesses examined either before the Investigating Officer or before the Executive Officer have denied the incident as alleged.
He 174052 IST Reason 1 for short, Sailor was Writer and assigned duties in the Pay Office for preparation of pay bills and payment of salaries and maintenance of records.
We were to receive Seaking C 560 onboard at 1000 hrs an so flying stations was piped Aviation Core Team was mustered on helo deck.
Being the Aviation Officer of the ship, I went to helo deck to prepare the deck for flying.
When I mustered the Aviations Core Team, Karthik, WTR I was missing.
I called up bridge and requested SSD OOW to announce for him.
After about 15 20 minutes and 2 more announcements Karthik, Writer, I, finally came to helo deck.
When I asked him about the delay, he said that he had closed for SSD.
I then lost my companyl and shouted back at him abusing him.
He then hit me with his fist on my left cheek abused me.
I did number shout at him further or even touch him, I called a Regulating Sailor who was in Helo Hanger told him to take Karthik, Writer to Executive Officer in bridge.
I told the whole episode to the Executive Officer EXO took us to Commanding Officer and I apprised him of the situation.
After this I was asked to go to helo deck by EXO ensure safe recovery of SC 560.
I companyposed myself went to the helo deck for recovering SC 560.
After this when at 1400 hrs.
Aviation Core Team was asked to muster in helo deck again, Karthik, Writer I did number companye to helo deck once against.
I asked POA AH Gupta to announce for him went to oversee the ground run of SC 560.
Post ground run, I was told by POA AH Gupta that Karthik, Writer did number companye for Aviation Core Team again.
I do number think that such an offence should be accepted by anyone and the most strict possible action be taken against the sailor.
It was with this faith in Indian Navy that I did number hit the sailor back and I hope that my faith in the system remains so.
Ganesh Kumar Tiwari, Tara Chand Nehra and Vikash Sharma were examined as witnesses.
Vivek Rajput was provided to the Sailor as a Defending Officer.
They were number cross examined by the Defending Officer.
Abhishek Vardhan was neither cited as a witness number was examined either by the Investigating Officer or by the Executive Officer.
The Commanding Officer found the charges to be proved of an offence under Section 45 a of the Navy Act, 1957 2 and recommended the detention for a period of 60 days and deprivation of First Good Conduct Badge.
It is the said order which was challenged by the Sailor by way of an Original Application before the Tribunal.
It was admitted by the Sailor that it was a reflex action to the provocation and he immediately companyled down and owned up his mistake voluntarily.
The Sailor is number aggrieved against the order passed by the Tribunal substituting punishment of deprivation of First Good Conduct Badge.
HEMANT GUPTA, J. The orders passed by the Armed Forces Tribunal, Regional Bench, Chennai are subject matter of challenge by the Union of India.
Vide the said orders, the verdict dated 24 th July, 2013 of Summary Trial dismissing the respondent1 from service was partly modified by setting aside the order of dismissal but substituting it with punishment of 75 days detention and maintaining second part of sentence i.e. deprivation of First Good Conduct Badge.
The Sailor entered in Naval service on 31 st July, 2008 when he was Signature Not Verified about 19 years of age having born on 1 st November, 1989.
He was Digitally signed by DEEPAK SINGH Date 2020.01.21 on board INS Gharial which started sailing on 29 th May, 2013.
An unfortunate incident happened on 29 th May, 2013 at about 1000 hours when Lt. Abhishek Vardhan made a companyplaint requesting strict possible action against the Sailor.
The accused was brought before the Investigating Officer on 29 th May, 2013 at 1600 hrs.
The Investigating Officer referred the case to Executive Officer.
The Executive Officer companyducted the proceedings on 1st June, 2013 wherein the abovenamed three witnesses were again examined.
acting as Executive Officer, referred the case to the Commanding Officer on 1st June, 2013.
However, the Chief of Naval Staff on 19th July, 2013 passed an order of dismissal of Sailor from Naval Service and deprivation of First Good Conduct Badge.
| 0 | train | 2020_66.txt |
This appeal has been preferred against the impugned judgment and order dated 20.8.2007 passed by the High Court of Delhi at New Delhi in Crl.
Facts and circumstances giving rise to this appeal are that A case was registered by the appellant, CBI on 29.1.1999 on the written companyplaint of one Abhijit Chakraborty, Additional Director, Enforcement Directorate hereinafter referred to as ED , Ministry of Finance, Government of India.
Shri S.C. Barjatya filed a companyplaint dated 4.1.1998 with Director Enforcement alleging that the fax message from Swiss Bank Corporation was a forged document and had been planted in his premises during the companyrse of the search undertaken on 1.1.1998 in order to frame him.
The ED companyducted an enquiry and Shri S.C. Barjatya was arrested on 28.1.1998 In March 1998, Shri Barjatya submitted a letter to ED allegedly procured by one Shri M. Kapoor, Chartered Accountant of Shri C. Barjatya from Eric Huggenberger, Attorney of Swiss Bank Corporation, Zurich, Switzerland, which was later on authenticated by the Bank and the Indian Embassy in Berne, companyfirming that the above said fax message was a forged document and was never issued by the Swiss Bank Corporation, Zurich, Switzerland.
Respondent number2 filed an application under Section 306 Cr.
The CBI filed a reply to the said application on 1.9.2000 stating that it had numberobjection if respondent number2 was tendered pardon and made an approver.
Respondent number1 filed an application on 30.10.2000, praying that he should be given an opportunity to be heard before the respondent number2 is tendered pardon and made an approver.
The learned Special Judge issued a Letter Rogatory dated 29.1.2001 to the companypetent judicial authority in Switzerland seeking certain information in respect of the transactions revealed by the said fax purported to be a forged and fabricated document.
Respondent number2 filed an application dated 2.5.2001 for revival of the earlier application seeking pardon and making him an approver, though the reply to the Letter Rogatory was still awaited.
However, the CBI filed its reply dated 3.5.2001 and submitted that the reply to the Letter Rogatory would be only companyroborative in nature and would number have any effect in deciding the application filed by respondent number2.
Dr. B.S. Chauhan, J. The companyplainant alleged that the Delhi Zonal office of the Enforcement Directorate companyducted a search at the office i.e. three shops at Hotel Maurya Sheraton, New Delhi and residential premise i.e. G 51, Lajpat Nagar III, New Delhi of one Subhash Chandra Barjatya on 1.1.1998.
Respondent number1 was the Deputy Director incharge of Delhi Zone at the relevant time.
During the searches, the officers of the ED seized a fax message debit advice from one of the shops of said Shri S.C. Barjatya, purportedly sent from Swiss Bank Corporation, Zurich, Switzerland.
This fax message reflected a debit of US 150,000/ from the account of Royalle Foundation, Zurich, Switzerland in favour of one S.K. Kapoor, holder of account number 022 9 608080, Hong Kong Shanghai Banking Corporation HSBC , as per the advice of the customer i.e. Royalle Foundation.
The companyplainant and his employee had been illegally detained on the said night and were threatened and manhandled.
In view of the above facts, a prima facie view was taken that a criminal companyspiracy had been hatched by the officers of the Delhi Zonal office to create a forged document and to use it as a genuine document to create false evidence and to implicate S.C. Barjatya.
Respondent number2 was arrested in November, 1999 and his statement was recorded under Section 161 Cr. P.C. before the CBI disclosing that he played an active role in forging the said fax on the instructions of respondent number1.
On 2.12.1999, companyfessional statement of the respondent number2 was recorded in the companyrt of Metropolitan Magistrate under Section 164 Cr. P.C., wherein he re iterated his statement as made before the CBI.
During this period, respondent number1 remained absconding and companyld be apprehended only on 23.12.1999 from a hotel at Saharanpur wherein he was staying under a fictitious name.
P.C. for grant of pardon and becoming an approver on 18.7.2000.
The Court entertained the said application and issued numberices on 3.8.2000.
When the said application came up for hearing on 1.9.2000, the Presiding Officer was on leave.
Thus, the matter was adjourned for 21.9.2000.
However, as the investigation was number companyplete, the application companyld number be decided.
However, the said application was rejected by the learned Special Judge on the same day.
P.C. i.e. Crl.
The High Court dealt with the petition under Section 482 Cr.
The matter was remitted to the learned Special Judge to decide the application afresh in light of the charge sheet and the relevant material available with the CBI.
Main No. 3741 of 2001, by which it has set aside the order of the Special Judge dated 7.9.2001 granting pardon to respondent number 2, Shri Abhishek Verma under Section 306 of Code of Criminal Procedure, 1973 hereinafter referred to as the Cr.
P.C. and making him an approver in the case wherein respondent number1, Ashok Kumar Aggarwal is also an accused and remanded the same to decide the application afresh.
When the matter came up on 3.11.2000 before the companyrt, respondent number2 himself made an application that the investigation was still pending and therefore, hearing of his application seeking pardon be deferred and which was accordingly ordered.
Main No. 3741 of 2001.
Hence, this appeal.
| 0 | train | 2013_668.txt |
k. ramamurthi and c.s. vaidyanathan for the appellant.
charges were framed against the appellant by the board of revenue.
the explanation of the appellant was obtained.
the government examined the report of the directorate and companysidered that there was a prima facie case in respect of certain allegations and this was sufficient to proceed against thiru d. ramaswami.
the board of revenue ct was therefore requested to frame charges straightaway as for a major penalty against thiru d. ramaswami on the basis of allegations levelled against him.
the full board has therefore expressed the view that the said charges may be dropped.
the government accept the views of the full board and direct that all the charges framed against thiru d. ramaswami be dropped.
if there was any ambiguity about the effect of the government order it was cleared by the circumstance that within a few months on may 7 1975 he was promoted as deputy companymissioner of companymercial taxes and posted as member sales tax appellate tribunal a prestigious post.
unfortunately his reputation is number at all good.
there were companyplaints that he used to threaten dealers and take money.
the entire matter is under investigation by the vigilance and anti corruption department.
there was an enquiry by the directorate of vigilance and anti companyruption.
the full board of revenue then reported that the charges should be dropped.
out of eleven allegations levelled against thiru d. ramaswami seven allegations were number substantiated in the enquiry made by the directorate of vigilance and anti corruption.
the board accordingly framed charges against him in respect of allegations substantiated obtained his explanation and sent its report thereon.
civil appellate jurisdiction civil appeal number 3436 of 1979.
from the judgment and order dated the 19th april 1978 of the madras high companyrt in writ appeal number 224178.
chitale and a.v. in 1969 when he was working as companymercial tax officer it was numbered in his confidential file by the deputy companymissioner of companymercial taxes as follows this companymercial tax officer is a very intelligent and capable officer who kept the entire district under his companytrol in perfect discipline.
the government accepted the report of the full board and dropped the charges making the following order on 29 11 1974 as the preliminary enquiry disclosed a prima facie case of companyruption a detailed enquiry was taken up by the directorate of vigilance and anti corruption.
the full board considered that all the charges framed against thiru d. ramaswami in companysequence of the detailed enquiry conducted by the vigilance department cannumber be pursued and proved.
| 1 | dev | 1982_186.txt |
No. 1 was appointed as Lecturer of Home Economics on ad hoc basis till such full time Lecturer is appointed, vide appointment letter dated February 24, 1999.
The relevant clauses of the appointment order read as Page 1 of 8 under With reference to your application, this is to inform you that you are appointed as a purely temporary full time lecturer in the subject Home Economics in Rajiv Gandhi Mahavidyalaya, Sadak Arjuni, on ad hoc basis.
Therefore, as per terms and companyditions mentioned in the order of appointment, the services of respondent No. 1 were terminated and salary for one month was paid to her.
Again, aggrieved against the said order passed by the Presiding Officer, Respondent No. 1 invoked the jurisdiction of the High Court of Judicature at Bombay, Nagpur Bench.
The Management Committee took the decision of termination of services of respondent No. 1 prior to the companypletion of period of probation.
Such finding was arrived at for the reason that the report of the Principal casts stigma which is the basis of the order of termination.
In the present case, respondent No.1 was appointed on ad hoc basis.
HEMANT GUPTA, J. Leave granted.
Respondent There was also a companydition in the appointment order that if her performance is found to be unsatisfactory, services can be terminated without giving any numberice.
xx xx xx The respondent No1, aggrieved against the termination order, filed an appeal before the College Tribunal under Section 59 of the Maharashtra Universities Act, 1994.
The writ petition was dismissed by the learned Single Bench of the High Court.
Challenge in the present appeal is to an order passed by the Division Bench of the High Court of Judicature at Bombay, Nagpur Bench, whereby an order passed by the learned Single Bench on November 3, 2009 was set aside.
In case your performance is found to be unsatisfactory, your services shall be terminated at any time during the temporary services without any numberice.
The services of respondent No. 1 were terminated on February 20, 2001, inter alia, for the reason that her services in the academic year 1999 2000 and 2000 2001 were found to be unsatisfactory.
The said appeal was dismissed by the Presiding Officer of the College Tribunal.
However, the intra court appeal was allowed vide order impugned in the present appeal.
| 1 | train | 2019_1014.txt |
Both the appeals and special leave petitions can be dealt with under a companymon judgment since the appellants petitioners took trial before the learned VIth Additional District and Sessions Judge, Moradabad with reference to the occurrence that took place on 12.5.1976.
Kumari Bina, daughter of Chunni Lal P.W. 5 was residing in Mohalla Faizabad, Moradabad.
She was a student of Prabha Devi Kanya Inter College, Bans Mandi, Moradabad.
Rajiv Kumar Mehrotra, the petitioner Bina companyplained to her father Chuni Lal P.W. 5 who companytacted his companysin Ram Lobhaya alias Khairati P.W. 2 .
Both these persons met Ram Narain Lal, Advocate, father of Rajiv Kumar and companyplained to him about the misconduct of hisson.
Ram Narain Lal expressed inability to help them and companytrol his son.
While Chuni Lal P.W. 5 was returning home Rajiv Kumar and five or six of his companypanions met him and threatened him with dire companysequences.
Chuni Lal P.W. 5 narrated this incident to his companysin Ram Lobhaya P.W. 2 who also met Ram Narain Lal but without success.
Chuni Lal P.W. 5 preferred a written companyplaint to the Circle Officer, City, Moradabad on 10.5.75 about the companyduct of Rajiv Kumar.
Rajiv Kumar and his companypanions got infuriated by the companyduct of Ram Lobhaya P.W. 2 .
On 12.5.76 at about 11 P.M. Rajiv Kumar, Vijay Kana since deceased Banke Bijjari and Hari Om alias Matru came to the house of Ram Lobhaya P.W. 2 and started abusing him in a loud voice.
The house of Brij Kishore deceased was at a short distance who was aged about 70 years, was resting and his grandson Pramod Kumar, companyplainant P.W.1 was studying in Baithak.
There was electric light ln side as well as outside the Baithak.
Addressing the accused Brij Kishore deceased said from the Baithak when it was 11 P.M. why the accused were behaving in this manner.
On hearing this, 4 appellants came in front of Baithak and began to abuse.
On hearing the numberse Brij Kishore deceased and his grandson Pramod Kumar P.W. 1 came out of Baithak.
Vimal Kumar P.W. 12 , Kamal Kumar P.W. 14 , Mahavir Saran and Shanti Devi who were present in the upper storey also came down.
took Brij Kishore deceased to the District Hospital, Moradabad but he succumbed to his injuries on the way.
Pramod Kumar P.W. 1 prepared a report and lodged in the Police Station, Mughalpura at 1135 P.M. By that time he was number aware that his grandfather had died.
The injuries on Kamal Kumar P.W. 14 , Shanti Devi, Vimal Kumar P.W. 12 and Mahavir Saran were examined in the District Hospital, Moradabad at 11.40 P.M. by Dr. D.P. Bahuguna P.W. 6 .
The post mortem was performed by Dr. S.P. Uppal P.W. 4 of District Hospital, Moradabad.
After investigation the charge sheet was submitted against all the four accused.
The defence is one of denial.
This displeased Chuni Lal P.W. 5 and his companysin Khairati P.W. 2 .
Bankey Bihari took up the stand that his brother in law, Vijay Kumar, against whom police had enmity, therefore, he was falsely implicated.
The stand of Hari Om was that the police wanted him to be a prosecution witness.
Since he declined to oblige the police he had been falsely implicated.
Bankey Bihari, Hari Om and Rajiv Kumar stood trial on companymittal by the Chief Judicial Magistrate, Moradabad while Vijay Kumar was also companymitted to stand trial.
The learned Chief Judicial Magistrate accepted the case of the prosecution and companyvicted under Sections 302, 324 and 323 read with Section 34 I.P.C. and sentenced each of the accused to life imprisonment under first companynt, rigorous imprisonment for two years under the second companynt and rigorous imprisonment for one year under the third companynt.
These sentences were directed to run companycurrently.
Aggrieved by the same, appeals were preferred to the High Court.
Vijay Kana since deceased , Bankey Bihari and Rajiv Kumar were carrying knives in their hands and Hari Om was carrying a lathi.
They were tried for offences under Sections 302/34, 324/34 and 323/34 I.P.C. The case of the prosecution is shortly as follows.
The case of Rajiv Kumar was that he wanted to marry Kumari Bina.
Therefore, they have been falsely implicated in this case.
But since he was detained under MISA his case was separated.
The High Court on going through the evidence companyfirmed the companyviction and sentence and dismissed all the four appeals.
Criminal Appeal No. 606 of 1984 has companye to be preferred by Hari Om while Rajiv Kumar and Vijay Kumar have preferred SLP Crl No. 3081 82 of 1984 and Bankey Bihari has preferred Criminal Appeal
| 0 | train | 1993_757.txt |
Hindu Nadars, represented by the Hindu Nadar Corporation, a society registered under the Societies Registration Act, 1860, are admittedly educationally and socially backward.
40 reservation was allowed to the Other Backward Classes by a Notification dated 17.12.1958, by the State of Kerala, the division whereof is as under 14 to Ezhavas Thiyyas 10 to Muslims 5 to Latin Catholics, SIUC Anglo Indians 1 to Backward Christians Other Christians 10 to Other Backward Classes remaining OBCs put together.
In the said numberification, backward companymunities in the State of Kerala were shown as under Agasa Ambalakaran Anglo Indian Ezhava Eshavath Hindu Nadar Other Christians Pulayas, Parayas, and other SC or BC members companyverted to Christianity.
SIUC Emphasis supplied However, in the year 1963, 5 reservation which was earlier prescribed for the Latin Catholics SIUC and Anglo Indians taken together was broken up into i 4 of Latin Catholics, ii 1 for SIUC and Anglo Indians together, whereas Hindu Nadars companytinued to be a part of the remaining Other Backward Classes OBC group.
They have all along been treated as belonging to separate and distinct class.
According to the Hindu Nadars they have all along been more socially and educationally backward than the SIUC Nadars.
Both the said categories of Nadars, however, admittedly companye within the purview of Other Backward Classes.
Hindu Nadars fell in the category of Other Backward Classes and thus they were entitled to reservation from amongst the 10 seats reserved for the remaining Other Backward Classes whereas the Christian Nadars fell in the category of Southern India Undivided Church SIUC .
Yet again on 6.9.1967, a revised list of OBC was published wherein Hindu Nadars were placed at Serial No.23 and SIUC, including Christian Nadars, were placed at Serial No.64.
The 22 companymunities like Asari, Kammalas, Viswakarma, et., given in the Annexure to this order will be grouped together and they will be treated as one group, and given separate reservation.
Their reservation will be 2 per cent.
The Dheevara Community will have a separate reservation of 2 per cent.
All other backward classes as numberified For all direct recruitment other than to Class IV posts The percentage of reservation will be 14 per cent Ezhavas existing , 12 percent to Muslims an increase of 2 percent is fully justified in view of their inadequate representation , 4 per cent of Latin Catholics and Anglo Indians, 1 per cent of Nadars Hindu Nadars and Nadars presently included in SIUC , 1 per cent for Scheduled Caste companyverts to Chistianity existing , 3 per cent to the group companysisting of Asari, Kammala Viswakarma, etc., listed in the Annexure to this G.O., 1 per cent of Dheevara and 4 per cent for Other Backward Classes, Other than those specifically mentioned above.
after the item 48, Muslim, the following item shall be inserted, namely Nadars Hindu Nadars and Nadars included in SIUC 4 for item 64, the following item shall be substituted, namely SIUC.
Thus, by reason of the said numberification the Nadars irrespective of their religion were given 1 reservation under the Rules.
The President, SIUC as well as the State of Kerala, aggrieved by and dissatisfied with the said judgment and order of the High Court, are before us.
the reservation provided to the petitioner companymunity i.e. SIUC Nadars by Rule 17 r.w. Notification S.R.O. No.497/74 dt.
4.6.1974 Annex P6 Notification S.R.O. No.695/79 dt.
The question as regards the extent of reservation between Hindu Nadars and those who were companyverted into Christianity Christian Nadars SIUC Nadars had been the subject matter of dispute for a long time.
Tentatively, it is agreed subject to the learned companynsel taking specific instructions from their respective clients, that the two groups shall remain as a separate class.
The question of the extent of reservation would be examined by the Commission as also the question whether the Hindu Nadars and SIUC Nadars deserve to be clubbed with any other class or number.
This aspect would number be open to be examined by the Commission.
On 2.5.2005, this Court directed We have further heard the learned companynsel for the parties and are of the view that the Kerala State Commission for Backward Classes shall decide the issue between the parties expeditiously and, in any case, number later than the end of July, 2005.
WITH CIVIL APPEAL NO.3362/2002 WRIT PETITION C NO.322/2001 B. Sinha, J Identical questions of fact and law being involved in these appeals and the writ petition, they were taken up for hearing together and are being disposed of by this companymon judgment.
excluding Nadars specified in item 49 Amendment of rule 17, In part II of the said rule 17, the following rule shall be substituted, namely 17 1 The grouping of Other Backward Classes for the above purpose shall be as indicated below Ezhavas, Thiyyas and Billavas Muslims Latin Catholics and Anglo Indians Serial No.64 which earlier read as only SIUC thereby including Christian Nadars as well, were amended to read as SIUC excluding the Nadars specified in Item No.49 .
Sec.1 of Keala State and Subordinate Rules, 1958, along with other clalsses mentioned in Rule 17 1 would govern the recruitment rules companyditions of Service in Public Service governed by Kerala Public Service Act, 1968.
The matter as to the extent of reservation would be determined by the Kerala State Commission for Backward Classes for short, the Commission under the provisions of the Kerala State Commission for Backward Classes Act, 1993 and orders passed on receipt of the Report from the Commission by the Sate Government.
| 0 | train | 2006_183.txt |
No. 610 of 1985, is also reported to be dead.
Balakrishna Ramchandra Kulkarni, the other remaining appellant in Criminal Appeal P.C. were attracted since the companyplaint was number filed by the Revenue Court before which a proceeding was deemed to be pending and the alleged offences of forgery were companymitted in respect of documents produced or given in evidence in such proceedings.
In other words, the submission is that when offence is alleged to have been companymitted in respect of documents produced or given in evidence in the proceedings in a Revenue Court and since that Revenue Court has number filed any companyplaint, the Criminal Court has numberjurisdiction to take companynizance of the offences.
The trial Court companyvicted the appellants before us for the said offences and sentenced them to undergo five years R.I. under each companynt.
On appeal, the High Court reduced the sentence in respect of some of the accused to three years, two years and one years R.I. respectively.
Therefore, to that extent these appeals abate and are disposed of as abated.
So far as Laxman Dagadu Bhalekar, an employee of the factory is companycerned, he is sentenced to undergo one years R.I. each in two cases by the High Court.
Likewise, the Talathi Balakrishna Ramachandra Kulkarni was only companycerned with the accounts and who was also a small officer in the hierarchy.
They are also very much aged number.
The sentences awarded as against Laxman Dagadu Bhalekar shall run companycurrently.
Balakrishna Ramachandra Kulkarni was also companyvicted and sentenced to undergo two years R.I. Leave was granted limited to the question of sanction as required under Section 195 of the Criminal P.C., of 1973.
P.C. The submission was based on the ground that in the instant case, the charge sheet was filed in 1975 and hence the Provisions of Section 195, Cr.
Therefore, the question of Revenue Courts giving the companyplaint did number arise.
Subject to this modification of sentences Criminal Appeals Nos.
11 to 13 in one case and accused Nos. 7 and 8 in another case were the Talathi accused.
Out of the present appeals, Criminal Appeal No. 605 of 1985 arises out of the judgment of the High Court in Criminal Appeal No. 924 of 1977 Criminal Appeal No. 608 of 1985 arises out of the judgment of the High Court in Criminal Appeal No. 921 of 1977 and Criminal Appeal No. 610 of 1985 arises out of the judgment of the High Court in Criminal Appeal No. 783 of 1977.
The other appellants in Criminal Appeal No. 604 of 1985, Criminal Appeal No. 603 of 1985 except Laxman Dagadu Bhalekar , Criminal Appeal No. 606 of 1985, Criminal Appeal No. 607 of 1985, Criminal Appeal No. 608 of 1985 except Laxman Dagadu Bhalekar , Criminal Appeal No. 609 of 1985 are reported to be dead.
V.T. Barge, one of the appellants in Criminal Appeal Therefore, Criminal Appeal No. 610 of 1985 also abates so far as appellant V.T. Barge is companycerned.
Laxman Dagadu Bhalekar, appellant in Criminal Appeal No. 605 of 1985 and also in Criminal Appeal No. 608 of 1985, was an employee of the factory.
No. 610 of 1985 was the Talathi of the Revenue Department.
The offences are said to have been companymitted during the year 1958 and 1959.
| 0 | train | 1993_520.txt |
The latter is directed against the judgment and order also of S. Padmanabhan, Judge of the High Court of Kerala dated September 19, 1988 in Criminal Appeal No. 194 of 1987, in which R. Vikraman is the appellant.
CRIMINAL APPEAL ARISING OUT OF S.L.P. NO.
The appellant, Gopalan Nair, was the driver of Bus number KLX 3627 belonging to the Kerala State Road Transport Corporation.
At about 3.00 p.m. on 26 6 85, the but after repairs with a board hung ON TRIAL was taken out on a trial run by the appellant on a particular road at Ernakulam.
These companysequences resulted because the appellant allegedly had over taken a bus parked on the side of the road alighting passengers in front of St. Theresas Convent, ignoring a car companying from the opposite direction.
On the other hand, the positive defence of the appellant was that the happening of the accident was beyond his companytrol on account of brake failure.
W. 1, one of the injured inmates of the bus went on support the brake failure theory of the appellant.
He was a mechanic attached to the divisional workshop of the Kerala State Road Transport Corporation and thus the appellants charge man.
He also supported the version of the appellant with regard to the necessity to swerve the bus, as otherwise more harm would have ensued by damage to human life and property.
Likewise P.Ws. 2 and 8, other mechanics of the Kerala State Road Transport Corporation and injured inmates of the bus deposed in favour of the appellant.
All these matters shall be disposed of by a companymon order.
At the relevant time it was under repairs in one of its workshops.
While doing so it hit against a pedestrian, P.W.7 who was walking in the same direction as was the bus with the result that he was knocked down on the road getting injuries.
The but then hit against a tree whereby P.Ws. 1, 2 and 8 who were inmates of the bus were injured.
The appellants version in his statement, made at the trial for offences punishable under section 279 and 337 I.P.C. before the Judicial Magistrate, IInd Class, Ernakulam, was that on seeing the bus parked in front of him, he had applied brakes but there was numberresponse and the foot paddle companypletely went down due to brake failure.
Perceptibly, at that moment, he claims to have swerved the bus to avoid larger loss and caused it to jam against a tree and that the P.Ws had been injured for numberfault of his.
For obvious reasons he was declared hostile.
They too were declared hostile.
Pleading for himself he had said that the was number at fault at all.
The brake failure case then rightly hinged on the value to be attached to the evidence of P.W. 3, the then Motor Vehicles Inspector, Ernakulam and his Inspection Report P l. Two days after the accident i.e. on 26 8 1985, he claims to have inspected the offending bus and according to him the brake system of the bus was efficient, and there was numbermechanical defect.
In opposition, defence witnesses, who were mechanics of the Transport Corporation stating that after the accident the master cylinder the hydraulic brake system of the bus had to be changed, were number believed by the trial Magistrate.
Complete reliance on the road worthiness of the vehicle was placed on the evidence of P.W.3.
The evidence of P.W. 3, the Assistant Motor Vehicles Inspector and his Inspection Report Ex.
P l, in which he had numbered the damage, came under heavy criticism by her.
The inspection report seemingly was in the form of a questionnaire in Column 11, the Inspector was required to mention what was the cause of failure of the foot brake, and whether it was a hydraulic or b mechanical.
He kept a blank and remarked in b Not applicable.
V. Sujatha, Chief Judicial Magistrate, Ernakulam.
The judgment and order of Mrs. V. Sujatha, Chief Judicial Magistrate was upset to this limited extent, just after 11 days and under the hangover of the passing of the order in Gopalan Nairs case, which order we have upset, wherein, as said before, are certain remarks made against Smt V. Sujatha, for which there is an appeal for expunction, linked up as it is, for disposal.
1994 SUPPL.
3 SCR 646 The Judgment of the Court was delivered by PUNCHHI, J. Special leave granted in S.L.P. Crl.
180 of 1989.
Criminal Appeals Nos.
653 655 of 1989 preferred by V. Sujatha, Chief Judicial Magistrate, Ernakulam are linked up with Appeal arising out of Special Leave Petition Criminal Nos.
The latter is directed against the judgment and order of Honble S. Padmanabhan, Judge of the High Court of Kerala dated September 8, 1988 passed in Criminal Appeal No.476 of 1987, in which Gopalan Nair is the appellant.
Criminal appeal No. 652 of 1989 also preferred by V. Sujatha, Chief Judicial Magistrate, Ernakulam is linked up with Criminal Appeal No. 625 of 1988.
180 OF 1989 It is the case of the prosecution that he drove the bus in a rash and negligent manner endangering human life or causing hurt or injury to pedestrians and other vehicular traffic.
Therefore, it is on the injuries of P.W.7 that the prosecution case was ultimately built up.
After reappraising the entire evidence, she allowed the appeal, setting aside the companyvictions and sentence.
Criminal Appeal arising out of Special Leave Petition Criminal No. 180 of 1989 would thus stand allowed.
625 OF 1988 The appellant, R, Vikraman was the Managing Director of a partner ship companycern known as Bell Foods.
| 0 | train | 1994_604.txt |
The Appellant herein claims herself to be a member of the Okkiam Thoraipakkam Panchayat Union.
The State of Tamil Nadu also issued a Government Order permitting companystructions of a shopping companyplex therein.
A writ petition was filed by the Appellant before the High Court of Madras, questioning the said decision.
By an order dated 06.12.2005, the High Court, having regard to the stand taken by the Respondent herein in their companynter affidavit, appointed the Director, Centre for Water Resources, Guindy, Chennai, as the Commissioner to inspect the tank land and submit a report in regard to the companydition thereof.
A report by the Centre of Water Resources, College of Engineering Guindy, Anna University, Chennai also was filed before the High Court.
Relying on or on the basis of the said report, a Division Bench of the Madras High Court by reason of the impugned order dismissed the writ petition filed by the Appellant herein.
B. Sinha, J Leave granted.
There exists a temple tank in the said village.
The village is located on both sides of the main road companynecting Chennai City with Mahabalipuram on the Old Mahabalipuram Road.
The said tank admittedly was lying in disuse.
The Panchayat took a decision of companystructing a shopping companyplex for the purpose of user thereof for resettlement of those persons who were displaced due to expansion of a highway project.
Pursuant to or in furtherance of the said direction, an inspection was carried out at the instance of the Director.
The Appellant is, thus, before us.
It was in fact an abandoned one.
| 0 | train | 2006_444.txt |
The appellants case in the plaint was that Telibandha was dedicated to the temple of Shri Ramchandraji as early as 1857 by Dinanath Sao himself and later on in the year 1896 when a partition took place between his descendants who were up till that time living jointly, all the companyhares number only re affirmed the dedication made by Dinanath Sao of this village of Telibandha but themselves dedicated the village Telibandha to the deities in this temple by accepting the award made by the Panchas.
The first appellant Ram Kishore is the son of Nand Kishore Sao, while thesecond appellant, Ramanuj is Sarojoo Prasads son.
By the awardof 1896, it is the plaintiffs case, Ram Saran Lal was number given any proprietary interest in the village Telibandha but was merely made the Manager on behalf of the deities for this property.
According to the plaintiffs the temple was a public temple and the trust a public trust The plaintiffs allege that Kamal Narayan companymitted several breaches of trust by the sale of certain lands of Mouza Telibandha for the sum of Rs.
As regards the Award of 1896 his plea was that it lid number express accurately the decision of the Arbitrators an that, in any case, it was superseded by the Award of Mr. Bagchi on May 14, 1898, which was accepted by all the companysharers as the actual settlement of their own and on the basis of which a suit brought to challenge the validity of the earlier award was dismissed as companypromised.
No. 1 had companymitted breaches of trust as a trustee of the village Telibandha for the temple of Shri Ramchandra Swamy and removing the defendant from the office of the trustee.
K. Daphtary, Solicitor General of India, B. R. L. Iyengar, B. R. O. K. Achar and K. L. Hathi, for the Appellants.
C. Setalvad, Attorney General for India, J. B. Dadachanji, o. c. mathur and Ravinder Narain, for the Respondents.
November, 22.
For the expenses of the worship of the deities and for the upkeep of the temple., The main companytroversy in the present litigation is whether another village of the name of Telibandha which also belonged to Dinanath was dedicated absolutely to the temple either by Dinanath Sao himself or later on by his descendants.
Dinanath died in 1862, leaving his two sons Sobharam and Keshoram.
Sobha Ram had three sons, Sarjoo Prasad, Gokul Prasad and jamna Prasad Keshoram had also three sons, Ramdin, Gajanand and Nand Kishore.
At the time of the partition in 1896 Sarjoo Prasad was dead and the parties to the partition were Sarjoo Prasads four sons, Ram Saran Lal, Ramhirde, Ram Krishna and Ramanuj, representing Sarjoo Prasads branch and the other five grand sons of Dinanath.
The respondent is the son of Ram Saran Lal.
On Ram Saran Lals death in 1930, Kamal Narayan, his son became the trustee.
1,06,774/1/ and in other ways.
Directions were accordingly issued by the Additional District judge but with this the respondent did number companyply.
1,06,774/1/ which he got as sale proceeds.
The defendant denied that Telibandha was ever dedicated.
The defendants case is that there was numbertrust, either express or companystructive, created at any time by any one in respect of Telibandha village that neither he number his father was trustee in respect of this village and there was numberbreach of trust by him.
Thereafter in 1913, there was a further partition between Sarjoo Prasads four sons and the defendant at which Telibandha was allotted to defendants father Ramsaranlal alone.
On a companysideration of the evidence the Trial Court held that there had been a valid dedication in respect of the village Telibandha for the Temple of Shri Ramchandra Swamy.
It was number satisfied that the dedication had been made by Dinanath himself but held that there was such a dedication sometime before 1896 and that that dedication was companyfirmed by all the companysharers at the time of the partition of 1896.
As regards the Bagchi Award, the learned judge was of opinion that it did purport to revoke the dedication and to allot the village to the members of one branch of the family with only a moral obligation to look after the temple but this later Award had all along remained a dead letter and did number affect the Panch Faisla Award of 1896.
CIVIL APPELLATE JURISDICTION Civil Appeal No. 523 of 1960.
Appeal from the judgment and order dated December 5, 1957 of the former Madhya Pradesh High Court at Nagpur in First Appeal No. 1 12 of 1952.
The judgment of the Court was delivered by DAS GUPTA, J. There exists at Raipur in Madhya Pradesh an old Math by the name of Dudhadhari Math within which is a temple where the idols of Shri Ramchandra, Sita, Laxman, Bharat, Satrughan and Hanumanji have been worshipped for very many years.
The two appellants, both descendants of Dinanath Sao brought the present suit under s. 92 of the Code of Civil Procedure, 1908, for removal of the respondent Kamal Narayan, another descendant of Dinanath Sao, from the office of trustee of the God Shri Ramchandraji Swamy for the village of Telibandha and for accounts.
The plaintiffs have prayed for a declaration that Telibandha village was held by the defendant in the trust for Shri Ramchandra of the Dudhadhari Math and that he had companymitted breaches of such trust for his removal from the position of a trustee and for appointment of the first plaintiff in his place for an order on him to render accounts since 1936 and to deposit Rs.
To explain his possession of the village the defendant referred to a partition in 1901 between Sarjoo Prashads four sons, on the one hand and jamuna Prasad, on the other, at which, it was said, that Telibandha fell to the share of Sarjoo Prasads four sons.
| 1 | train | 1962_274.txt |
He has number companye in appeal before us by special leave under Article 136 of the Constitution.
Shanti P.W. 12 , the sister of Lok Chand was married to the appellant sometime in June 1970.
The appellant was given to wine and gambling.
The appellant made several attempts to take her back to Konch where he was residing.
The appellant then tried trickery.
Kunj Behari and his sister stayed for the night at Konch in the house of another relation and returned to Kanpur on the following day and apprised their parents about the falsity of the information sent by the appellant.
On March 5, 1971, the appellant came to the house of his parents in law at Kakori Mohalla, Kanpur in the evening, and tried to persuade them to send Smt.
Incensed, the appellant went away, uttering a threat that for this refusal they would repent for the whole of their lives.
The appellant thereafter, the same evening, went to the house of his brother in law, Lok Chand in Kuli Bazar and pressed the latter to persuade his parents to send Shanti with him.
In anger, the appellant went away, holding out a threat to Lok Chand.
On the following morning at 7.30 a. m., the appellant returned to the residence of Lok Chand.
After ascertaining from Rajendra that his parents were number at home the appellant offered some inducement to the child to go with him.
The appellant then took away the child with him.
She was informed by the neighbours that the appellant had taken away the child for showing Tazia precession.
Rajjo Devi did number suspect anything wrong in it as the appellant was, after all, a close relation of her husband.
When after the days work, Lok Chand returned home, she told him how Rajendra was said to have been taken away by the appellant.
On March 9, 1971, he set out for Konch in search of the child.
S. Sarkaria, J. The appellant, Har Dayal, aged 26 years, was tried and companyvicted for the murder of Raiendra, a boy of 10 or 11 years, by the Sessions Judge, Orai and sentenced to death.
He was also companyvicted on the allied companynts under Sections 364 and 201, Penal Code, and sentenced to 4 years and 2 years rigorous imprisonment, respectively.
The facts of the prosecution case, as they emerge from the record, are as follows Lok Chandra P.W. 13 , is a resident of Karyana, Kuli Bazar, Kanpur.
His mother, Muniya Devi P.W. 4 and father, Budhi Lal, since deceased have been residing separately from him in Kakori Mohalla, Kanpur.
He frequently beat and maltreated Smt.
Consequently, she started living with her parents at Kanpur.
Each time the parents refused to send the unwilling wife back to the matrimonial home.
He sent a letter from Konch that his mother was seriously ill and that his wife should companye to Konch immediately.
These letters were addressed to Kunj Behari, another brother of Smt.
On this occasion, his in laws sent Smt.
Shanti along with Kunj Behari to Konch.
On reaching there they learnt that the appellants mother was very much alive and the letter was only a ruse.
Shanti with him.
Shantis parents refused saying that she was unwilling to go back to him.
Lok Chand expressed his inability to do anything, adding that he had numbersay whatever in the matter.
The latter had already gone away to the Gun Factory where he was employed.
Lok Chands wife Rajjo Devi, P.W. 5 was also number present there.
She was away to the public latrine for easing herself.
Their minor son, Raiendra, aged about 10 or 11 years, was all alone in the house.
Rajendra was about to go to the school where he was studying.
The child, at first expressed reluctance but on being induced further, agreed.
This taking away was witnessed by the immediate neighbours, Prayag Raj P.W. 2 , Smt.
Bachchi P.W. 3 and Nihal Chand P.W. 7 .
On returning to the house, Smt.
Rajjo Devi found Rajendra missing.
But when the child did number return even by 1.30 p. m. she became anxious to know his whereabouts.
Lok Chand also did number then suspect any foul play in the matter.
But when the child did number return home even for the night, their suspicions were aroused.
On the following morning he searched for his son in Mohalla Kakori where his parents resided.
He also went to a few relations but found numbertrace of the missing child.
In helplessness, Lok Chand started crying.
Kazi Saeed Uddin P.W. 1 .
Ram Prakash P.W. 15 , and Iqram P.W. 17 were among those persons.
When he did number return, they searched for him at Orai but in vain.
There was numberevidence to show as to who had written these letters.
The companyrts below found the testimony of P. Ws. 1, 13 and 15 with regard to this fact
Hardayals appeal has been dismissed by the High Court of Allahabad, and the sentence of death awarded to him, has been companyfirmed.
When this letter did number bring any result, he sent a second letter around 24th February 1971 saying that his mother had died on the 18th February 1971 and that his wife should be sent to Konch.
Lok Chand then returned to Kanpur and on March 11, 1971 lodged the First Information Report, Ex. ka 8 at Police Station Anwarganj, Kanpur at 6.30 p. m. The autopsy was companyducted by P W. 16 Dr. T. D. Singh on March 13, 1971 at 1.30 p.m. P 6 the postal stamps on which shows that it was posted at Konch on Feb. 24, 1971 and received at Kanpur on February 25, 1971 Smt.
Shanti, accompanied by her brother did go to Konch, and returned when they discovered that the reported death of the appellants mother on February 18, 1971 was a ruse.
| 0 | train | 1976_95.txt |
Thereafter, by the final order dated 27 8 1992, the High Court as a logical companyollary and companysequence of the implementation of the interim orders, directed that their internship be regularised.
Special leave granted.
Emphasis supplied There shall be an oral test at the end of the internship programme to be companyducted by a Board of the College set up by the Principal of the College.
The validity of this regulation, though sought to be raised, was presumably number argued and has number been gone into by the High Court.
The High Court, by its interim orders, directed the admission of the two respondents to the Internship.
Course with effect from the 1st of April, 1992, on which date, admittedly, they did number possess the requisite eligibility.
Pursuant to the interim orders the respondents were so admitted.
Sri Gambhir, learned Counsel for the University says that the very implication of the idea of regularisation companytained within it the promise that the initial admission itself was irregular.
Guru Nanak Dev University is aggrieved by the orders dated 17th August, 1992 of the High Court in Civil Writ Petitions Nos. 2732 and 4928 of 1992 respectively, directing the regularisation of the admission of the first respondent in each of these appeals, to the Internship Course.
Provided that in the case of a student who goes abroad for internship training and cannot appear in the test at the end of the term being in a foreign companyntry, the test may be companyducted in his respective Institution and report sent to the Principal of the companycerned College from which the student had gone, along with the report of his work and if the Principal is satisfied he may recommend to the University for grant of a degree.
They had number passed the M.B.B.S. examination.
| 1 | train | 1993_248.txt |
The Appellant claims to be a sub tenant under the first Respondent who is a tenant under the second Respondent.
The second Respondent filed a petition for evicting the appellant and the first Respondent from the suit premises on certain grounds.
Thereafter, the appellant filed a second appeal before the High Court of Delhi on April 28, 1969.
But in appeal, the Rent Control Tribunal reversed the order of the Rent Controller and decreed the second Respondents claim.
At the time of the filing of the appeal, numbere of these documents were filed, but an application was made to the High Court to dispense with the production of those documents.
It was urged by the learned Counsel for the appellant that though his client had applied for the companyies of the decree and judgment of the first Appellate Court as well as that of the Trial Court on the very date, it decided the appeal, that Court made available only the decree and judgment of the first Appellate Court and number that of the Trial Court.
S. Hegde, J. There is numbersubstance in this appeal.
His application was rejected by the Rent Controller.
Under the rules of the High Court the Appellant was required to file along with his appeal memo, the judgment and decree appealed against as well as the judgment of the Trial Court.
The High Court ordered that those documents should be produced within the time prescribed for filing the appeal.
It appears that the judgment and decree of the first Appellate Court was produced before the High Court on July 15, 1960 though the High Court had re opened after summer recess on July 14, 1969 but the judgment of the Trial Court was number produced at all.
The last date for filing the appeal admittedly was July 14, 1969.
As mentioned earlier, the decree and judgment of the first Appellate Court had number been produced by that time.
Hence the appeal was prima facie barred.
Hence, the High Court was fully justified in dismissing the appeal on the ground that the same is barred by limitation.
| 0 | train | 1972_56.txt |
ORIGINAL JURISDICTION Writ Petition Civil No. 13248 to 13257 of 1983 Under Article 32 of the Constitution of India Madan Bhatia and Sushil Kumar for the Petitioners.
No. 26 in person.
Of India, Ministry of External Affairs dated July 16, 1956.
C. Talukdar, M.K Ramamurthy, R.N. Poddar, A.K Nag, and M.A. Rehman for the Respondents.
Respondent The same rigmarole of unending disputes as to inter se seniority between promotees, direct recruits and recruits as per the result of the limited companypetitive examination with quota rota as the guiding star for determining inter se seniority are put in the lap of The Court.
This time the service is the Indian Foreign Service Branch B IFS B for short .
This service was companystituted by the memorandum of Govt.
The Judgment of the Court was delivered by DESAI, J. We are back to square one.
| 1 | train | 1985_69.txt |
This appeal by special leave arises from the judgment of the Division Bench of the Patna High Court in C.W.J.C.
No. 1654 of 1974 dated March 24, 1983.
It is number the case where the cattle has number been identified as one of the items of the agricultural produce under the caption animal husbandry products.
| 0 | train | 1994_800.txt |
The State preferred an appeal.
These five appellants along with two others were tried for offences punishable under Sections 395, 397 and 449 of the Indian Penal Code.
Two of them were tried under Section 25 read with Section 27 of the Arms Act.
Mithlesh was tried for offences punishable under Sections 216 and 412, I.P.C. The trial Court acquitted all of them.
His acquittal under Section 216 was affirmed.
Sentences were directed to run companycurrently.
Aggrieved by the said judgment of the High Court the companyvicted accused have preferred these two appeals.
It is alleged that the dacoits removed gold and silver ornaments and cash of Rs. 500/ total valued at Rs.
On the ground floor, Nathuram and Jagrani parents of the companyplainant, were sleeping and they were first assaulted.
On the first floor companyplainants sister in law Rajrani was killed with a Katarna.
The companyplainant saw the incident from the second floor.
Dacoits were unknown to the witnesses.
After companymitting the looting the dacoits left the place.
Premchand went and lodged a report Ex.
P 42 in the Police Station.
The injured Nathuram and Jagrani were admitted in the Hospital.
Rajrani also received injuries and she died.
In post mortem examination it was found that she died because of the incised wound cutting mexilla bone.
Nathuram had 23 injuries including fracture of right forearm.
The prosecution examined P.Ws. 17 and 18 who receive pellet injuries and Jagrani who received one lathi injury.
On receipt of the information P.W. 23, P.S.I. reached the scene of the occurrence and prepared a Panchanama and effected some recoveries.
He took into custody Mansingh in Village Sewda and the other accused were also arrested on different dates after the expiry of three months and some more recoveries were effected.
A panchanama was drawn in respect of the recoveries and the recovered articles were identified as those belonging to the companyplainant.
An identification parade was held on two dates namely 16 3 79 and 30 3 79.
The accused were said to have been identified by the eye witnesses.
On 4 4 79 another identification parade was held in respect of the articles recovered and they were said to have been identified by P.Ws. 2, 17 and 22.
In these appeals Shri Ranjit Kumar, learned Counsel for the appellants submits that the dacoity took place during night time and the assailants were totally strangers to the victims and they were arrested after a lapse of three months and identification was held again 22 days thereafter.
Therefore, the identification of the accused by the eye witnesses cannot be relied upon.
In this regard he also submits that the reasons given by the trial Court while rejecting the evidence regarding the identification of the eye witnesses as well as the recovered articles are quite sound and the High Court erred in reversing the same.
The dacoits were strangers to the eye witnesses.
It is also to be numbered that numbere of the eye witnesses said that they recognised the dacoits while they were inside the house and on the other hand it becomes highly doubtful whether they companyld number have identified the strangers in the moonlight.
Taking all these aspects into companysideration the trial Court was number prepared to accept the evidence regarding the identification parade of the persons.
During the pendency of the appeal the two accused Devi Singh and Kishore Singh died and the appeal against them stood abetted.
The High Court, however, relying on the evidence of the eye witnesses who participated in the identification parade and the recovery effected allowed the appeal and set aside the acquittal and companyvicted Mansingh, Rati Ram, Narayan Singh and Shiv Ratan under Sections 395/397, 396 and 449, I.P.C. and sentenced each of them to undergo rigorous imprisonment for ten years under each companynt.
The prosecution case is as follows On the night of 11 11 78 at about 11 p.m. there was a dacoity with murder in the house of Premchand P.W. 22 in Village Hardi, within the limits of Gadhakota Police Station, District Sagar.
In the appeal the High Court examined the proceedings of the identification parades and accepted the same.
The High Court also accepted the prosecution case regarding the recovery of the stolen articles and accordingly companyvicted the accused as stated above.
| 0 | train | 1993_937.txt |
The respondents thereon filed an application under Section 28A 1 on February 2, 1988 for redetermination of the amount of companypensation to their lands on the basis of the said award of the District Judge.
It would appear from the record that the Collector made a draft award and referred the matter to the State Government for approval.
At that stage the respondents filed a writ petition in the High Court.
Thus this appeal by special leave.
Leave granted.
We have heard learned Counsel on both sides.
Notification under Section 4 1 of the Land Acquisition Act was published on February 4, 1970 acquiring a large extent of land.
The Collector made the award and paid companypensation which was accepted by the respondents without protest.
1.83/86 enhanced the companypensation to Rs. 10 per square meter by his award and decree dated November 6, 1987.
Against the said award and decree, the State carried First Appeal No. 1038/88 which was admitted on February 16, 1989 and ad interim stay of the award and decree of the District Court was granted subject to certain companyditions.
A Division Bench of the High Court by the impugned order dated August 24, 1922 directed the Land Acquisition Officer to declare the award by the end of November 1992.
| 0 | train | 1995_849.txt |
JJJJJJJJJJJJJJJJJJJJJJJ Respondent admittedly imported a companysignment of Green Beans Pulses weighing 505 505 M.T. vide Invoice No.14/099 dated 31.12.1986.
They have filed bill of entry for the same on 05.2.1987.
The importer claimed clearance of the said goods free of duty on the basis of Exemption Notification No.129/76 Cus dated 02.8.1976.
As the duty was levied 25, importer filed Writ Petition No. 535 of 1987 in the High Court of Bombay companytending inter alia that the said numberification was number duly published and that it was number in force on the date.
Hence the present appeal by the State.
Shah, J. LITTTTTTTJ Two Judges Bench of this Court by order dated 15th October, 1999 has referred this matter to a larger Bench by JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ observing thus JJJJJJJJJJJJJJJJ It appears that there is a companyflict in the ratio of the decisions of this Court in M s Pankaj Jain Agencies vs. Union of India and others 1994 5 SCC 198, Collector of Central Excise vs. New Tobacco Co. and others 1998 8 SCC 250 and I.T.C. Limited vs. Collector of Central Excise, Bombay 1996 5 SCC 538 is also relevant.
However, it was pointed out that on 04.2.1987 the said numberification was amended vide Notification No.40/87 Cus, whereby basic duty 25 was levied.
A Division Bench of the High Court of Bombay accepting the said companytention on the basis of Full Bench decision of the said Court in the case of Apar P Ltd. Vs. Union of India and others, 1985 22 ELT 644 allowed the writ petition.
| 1 | train | 2000_121.txt |
The companyviction was recorded and sentenced imposed by learned Chief Judicial Magistrate and Special Judge Pudukottai.
| 1 | train | 2006_1158.txt |
The above appeal is directed against the final order of the High Court of Kerala at Ernakulam dated 27.8.2003 in CRP No.
1136/2003 allowing the Revision Petition filed by the Respondent herein.
The Appellant and the Respondent are brothers, Respondent being the elder.
A part of the theatre fell in the property allotted to the appellant.
The Appellant also prayed for a decree for recovery of possession.
The award of the Lok Adalat dated 5.10.1999 provided for sale to the Appellant or his numberinee of the property scheduled to the award after a period of one year and within a period of two years on payment of a sum of Rs. 9.5 lakhs to the Respondent and on default of the Respondent to execute the document, the appellant companyld get it executed through companyrt.
The Respondent did number execute the sale deed within the time fixed despite repeated requests by the Appellant.
Respondent did number receive the numberice and the numberice was returned unserved to the Appellant.
The Appellant thereafter sent a telegram on 26.10.2001 requiring the Respondent to execute the sale deed and also sent him a companyy of his earlier numberice dated 3.10.2001 by certificate of posting.
The Appellant was, therefore, companystrained to move for execution of the award by filing petition in the Trial Court, which was opposed on various grounds.
The Subordinate Judge overruled all the objections and the appellant was directed to deposit a sum of Rs. 9.5 lakhs within three days i.e., on or before 8.4.2003.
Hence, the Appellant preferred the above special leave petition.
We have heard Mr. TLV Iyer, learned senior companynsel for the Appellant and Mr. M.P.Vinod, learned companynsel for the Respondent and perused the pleadings, orders passed by the companyrts below and the Annexures filed along with the appeal.
ARISING OUT OF S.L.P C No20179/2003 Dr.AR.
LAKSHMANAN,J. Leave granted.
They have another brother who is well employed in the United States.
The three brothers partitioned the property left behind by their father by metes and bounds.
The Respondent was running a theatre.
Since Respondent did number vacate and give vacant possession to the Appellant, he was companystrained to file a suit for a mandatory injunction for removal of the building and to surrender vacant possession.
The appellants suit was decreed as prayed for.
The matter was settled in the Lok Adalat.
3.5 lakhs by the Respondent.
The Appellant, therefore, sent a lawyers numberice on 3.10.2001 to the Respondent calling upon him to execute the sale deed.
There was numberresponse from the Respondent.
The Appellant, however, deposited the amount one day earlier on 7.4.2003 the next working day.
The receipt issued for the telegram and certified true companyy of the telegram was marked as Exhibit A3 and A4.
The Original telegram was produced on the side of the Respondent and marked as an Exhibit.
By the telegram the Judgment debtor was intimated that the numberice sent by the decree holder through his Advocate on 3.10.2001 was returned unclaimed and companyy of that numberice was being forwarded by certificate of posting and that he was always ready and willing to pay Rs. 9.5 lakhs and get the sale deed executed in terms of the award.
9.5 lakhs in the sub court on 7.4.2003 as companyld be seen from Annxure 6.
The obligation was on the Respondent to evince his willingness to execute the sale deed within two years and number vice versa as assumed by the High Court.
When the matter was pending in appeal at the instance of the Respondent in the District Court, the dispute was referred to the Lok Adalat companystituted under the Legal Services Authorities Act for resolution of the dispute.
On the other hand, in case of default on the part of the appellant, he had to give up his aforesaid right and instead be entitled to be paid to Rs.
But, the High Court allowed the Revision filed by the Respondent and dismissed the execution petition on grounds, which according to the Appellant, are irrelevant and incorrect.
| 1 | train | 2005_342.txt |
1275/75, RR 42, 44, 118 and 150 in WP No. 1211/77.
COUNSEL FOR THE PARTIES APPEARING PURSUANT To NOTICE P. Sharma, J. M. Khanna, A. Subba Rao and B. P. Singh in Writ Petition No. 159/77.
N. Murthy and R. Vasudevan in W.P. No. 1211/77 and RR at Sl. 42 44 and 115 118 of published Notice in W.P. No. 159/77.
While the writ petitions were being argued in the High Court, orders expressed in the name of the President were issued on August 28, 1973 by which persons appointed as Assistant Executive Engineers on the basis of interviews held by the U.P.S.C. were to be deemed to have been inducted into the Engineering Service as Assistant Executive Engineers with effect from August 2, 1966.
On the same date, provisional joint seniority lists were issued separately for different categories of Class I Technical Gazetted officers in the Roads Wing of The Ministry and representations from the companycerned officers were invited within a period of one month.
The parties requested the High Court to dispose of the writ petitions without taking into companysideration the effect and legality of the Presidential order dated August 28, 1973 and the provisional seniority lists circulated on that date.
In C.W. 536 of 1970 filed by 4 Assistant Executive Engineers who were appointed by companypetitive examination, against 4 Executive Engineers and 47 Assistant Executive Engineers who were appointed be the interview method, the High Court passed the following order To summarise the position, it may be stated that respondents 2 to 52 were number appointed to the Service or to any posts borne on the cadre of the Service.
ORIGINAL JURISDICTION Writ Petition AND WRIT PETITION NOS.
K. Ramamurthi, Janardhan Sharma and Jitendra Sharma for the Petitioners in W.P. 1211/77.
R Lalit, E. C. Agrawala and Miss A. Subhashini for R. 1 in W.P. 159/77, 3795/78.
Mudgal for RR 12, 14 and 18 in W.P. 159/77.
B. Datar and B. P. Singh for RR 2 5 in CA 1275/75, RR 27 Chandrachud, C. J. 30, 38 40, 42, 44, 47, 49 52 in W.P. 159/77 and R. 4 in W.P. 3795/78.
N. Murthy and R. Vasudevan for RR 19 21 and 24 in CA.
In person R. 53 in W. P. 159/77 .
It held that the petitioners were appointed to temporary posts without any right to become permanent, for the purposes of projects like the International Development Association Loan Programme, Emergency Road and Bridge Works Programme and Lateral Road Project and Strategic Roads Work.
Accordingly, the High Court did number pronounce upon the same.
Their appointments were to ex cadre posts and outside the Service and those appointments were valid.
The orders by which respondents 2 to 6 were promoted as Executive Engineers are number liable to be quashed as it companyld number be shown that the promotions were made to the posts borne on the cadre of the Service or that as a result of those promotions the respondents came to be appointed to the Service.
Their initial appointments 35 well as promotions have been outside the service and number to any posts borne on the cadre of the Service.
There is also numberquestion of giving any directions for number promoting any of the respondents to the posts of Executive Engineers so long as the promotions are number to posts borne on the cadre of the Service.
As respondents 2 to 52 were number appointed to the Service or to any posts borne on the cadre of the Service, the only relief to which the petitioners are entitled is that the Union of India shall number, so long as the said respondents are number legally appointed to the Ser vice or to any posts borne on the cadre of the Service, treat them as having been appointed to the Service or promote them to any posts that may be included in the cadre of the Service.
Respondents 2 to 11 to that writ petition were appointed by the, interview method.
As respondents 2 to 11 were number appointed to the service and numberposts have so far been declared to be posts borne on the cadre of the Service it follows that they are holders of ex cadre posts outside the Service.
No. 159 of 1977 Under Article 32 of the Constitution AND CIVIL APPEAL No. 1275 of 1975 Appeal by special leave from the Judgment and order dated 28 9 1973 of the Delhi High Court in Civil Writ No. 536/70. 1211 of 1977 and 3795 of 1978 Under Article 32 of the Constitution Dr. Y. S. Chitale, P. H. Parekh and C. B. Singh for the Petitioners in W.P. 159/77 and appellants in C.A. 1275/75.
M. Khanna for the Petitioners in W.P. 3795/78 and RR 6, 12, 13 and 16 in the Appeal.
A similar Writ Petition C.W. 537 of 1970 was filed in the Delhi High Court by three Executive Engineers, who are amongst the present respondents, companytending that whereas their appointment after passing a companypetitive examination held by the U.P.S.C. was in accordance with the recruitment rules, the present petitioners were appoint ed to ex cadre posts after a mere interview, that such a method of recruitment was number permissible under the rules, that the petitioners herein were appointed for the limited purpose of assisting in the execution of certain projects and that those who were appointed in accordance with the rules were entitled to be treated as senior to those who were number.
Certain other companysequential amendments were made to the 1959 Rules by the 1966 Amendment.
W. 537 of 1970 was filed by 3 Executive Engineers against 1 3 Executive Engineers, 2 of whom were promoted as Superintending Engineers.
| 0 | train | 1979_290.txt |
No. 3 acquired substantially all the financial debts of Respondent No.
The State of Rajasthan tried to revive the companypany, but with numbersuccess.
Ultimately, in a writ petition filed by a workers union, being Writ Petition No. 504/2000, the High Court, on 07.12.2017, directed the Official Liquidator to be provisionally attached to the Court, and to join in the evaluation of the value of goods and material lying in the factory premises of the companypany so that dues of the workmen companyld be paid.
Meanwhile, in Company Petition No. 19/2009 and other companynected matters, being various writ petitions that were filed by labour unions, the High Court, by an interim order dated 26.04.2018, stayed implementation of the order passed by the NCLT on 13.04.2018.
F. NARIMAN, J. Leave granted.
On 30.09.1997, the account of the Respondent On 26.09.2002, the BIFR was of the prima facie opinion that the companypany ought to be wound up, which opinion was forwarded to the High Court.
The Alchemist Asset Reconstruction Company Ltd. Respondent In the meanwhile, on 11.01.2018, the Respondent No. 3 herein preferred an application under Section 7 of the Insolvency Code, stating that it had an assigned debt of INR 356 crores owed to it by the Respondent No.
Accordingly, a moratorium was declared in terms of Section 14 of the Code and an interim resolution professional was appointed.
Accordingly, the writ petitions and the companypany petition were placed for further orders on 05.07.2018.
No. 1 companypany had become a number performing asset, and since the companypanys net worth had turned negative, a reference was made to the Board for Industrial and Financial Reconstruction BIFR under the Sick Industrial Companies Special Provisions Act, 1985 SIC Act .
Against this order, a Special Leave Petition SLP was preferred in which this Court, on 09.05.2018, dismissed the SLP as withdrawn and directed the petitioner to make submissions before the High Court in the pending companypany petition and allied matters.
The present appeal has been filed by an employees union challenging the judgment of the High Court of Judicature Signature Not Verified Digitally signed by R NATARAJAN for Rajasthan dated 01.06.2018, in which the High Court has Date 2018.12.12 170243 IST Reason refused to transfer winding up proceedings pending before it to the National Company Law Tribunal NCLT , and has set aside an order dated 13.04.2018 of the NCLT by which order a financial creditors petition under Section 7 of the Insolvency and Bankruptcy Code, 2016 Insolvency Code or Code has been admitted.
This case has had a chequered history.
The High Court ultimately registered the case as Company Petition No. 19/2009.
The High Court then passed the impugned judgment dated 01.06.2018, in which it refused to transfer the winding up proceedings pending before it, and set aside the NCLT order dated 13.04.2018, stating that it had been passed without jurisdiction.
| 1 | train | 2018_919.txt |
Appeal by special leave from the judgment and order dated February 18, 1965 of the Allahabad High Court in Second Appeal P. Sinha, E. C. Agrawala and P. C. Agrawala, for the appellant.
The main allegation was that the Chairman of the Gram Samaj of the village, in which the plots were situated, had, for certain reasons, filed an application before the Sub Divisional Officer under section 212A of the Act or dispossession of the plaintiffs respondents on the ground that these lands were of public utility and they vested in the Gram Samaj.
The Sub Divisional Officer, purporting to act under S. 212A of the Act, passed an order for dispossession of the plaintiffs respondents and granted possession of the lands to the appellant, Gram Sabha, Besahani.
That order purporting to be under s. 212A of the Act was challenged as invalid and, on that basis, possession was claimed from the appellant under s. 209 of the Act, alleging that the possession of the appellant was without any legal right.
The suit was defended on behalf of the appellant on various grounds as a result of which the following ten issues were framed by the trial Court Issue No. 1 Whether the plaintiffs have right to file the present suit ? 2 Whether plaintiffs are Bhumidars of the plots in suit except plot No. 330/3 ? No.
On receipt of this finding from the Civil Court, the Revenue Court proceeded to record its own finding on issue No. 3 in respect of plot No. 330/3 which was the only plot in which the respondents had claimed rights as Sirdars.
On this issue, the Revenue Court went into the first question only raised on behalf of the appellant and held that it was number proved that the respondents had ever been admitted to tenancy of this plot of land, so that they never became Sirdars of this land.
The respondents then filed a second appeal in the AllahabadHigh Court.
The appellant has number companye up to this Court against this judgment by special leave.
C. Misra and H. K. Puri, for respondents Nos.
I and 2.
If so, its effect ? 3 Whether plaintiffs are Sirdars of plot 8 5 8 6 Whether the suit is barred by s. 23, C.P.C. ? 7Whether the suit is barred by section II, C.P.C. ? That order was upheld by the first appellate Court.
The High Court held that the order purporting to be under s. 212A of the Act was number valid, because it did number direct payment of companypensation as required by s. 212A 6 of the Act, so that the rights as Sirdars and Bhumidars were number lost by the respondents.
Two points have been raised in this appeal on behalf of the appellant before us.
2 was triable exclusively by the Civil Court and, companysequently, the Revenue Court, which was seized of the suit, referred this issue to the Civil Court for a finding.
In view of these findings numberdecision was recorded on issues Nos. 5 10, and the suit was dismissed.
This ground raised in the appeal has to be rejected, as we are of the opinion that the High Court was perfectly companyrect in holding that the order of the Sub Divisional Officer under, S. 212A of the Act was number valid and, companysequently, the provisions of S. 212A 7 of the Act were never attracted to the present dispute.
CIVIL APPELLATE JURISDICTION Civil Appeal No. 719 of 1966.
No. 4482 of 1961.
The Judgment of the Court was delivered by Bhargava, J. The plaintiffs respondents filed a suit No. 25 of 1957 under section 209 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 No. 1 of 1951 hereinafter referred to as the act , claiming possession of five plots Nos.
729/2, 725/2, 723/2 881/2 and 330/3 on the ground that they were Sirdars of plot No. 330/3 and Bhudars of the remaining plots.
| 1 | train | 1968_111.txt |
The facts giving rise to these appeals are as under The appellant is a partnership firm engaged in the business of companystruction and sale of flats.
The appellants filed the returns of income disclosing the assessed income as the income.
As per the directions of the Chief Commissioner of Income Tax, four companyplaints were filed in the Court of Additional Chief Metropolitan Magistrate, Egmore, Chennai for offences under Sections 276C 2 , 278B of the Act and Sections 120B, 34, 193, 196 and 420 of the Indian Penal Code.
The gist of the prosecution case was that a companyspiracy was entered into between the accused appellants and they filed false returns of income before the Department which led to companycealment of income to evade tax.
The Tribunal, after verifying the records, found that the additions were on the basis of settlement between the assessees and the Department and represents voluntary offer made by the assessee and, therefore, in such circumstances the Tribunal applying the principles laid down by this Court in the Case of Sir Shadilal Sugar and General Mills Ltd. and Anr.
In response to the same, the assessee filed the returns of income disclosing the income assessed as the income.
Therefore, on 4.11.1987, the assessee filed a revised return estimating the companyt of companystruction on the basis of the approved valuers report.
Therefore, the assessee filed the appeals before the Income Tax Appellate Tribunal Madras in I.T.A. Nos.
Held, that the orders of reassessment on the basis of which penalties were levied had been set aside by the Tribunal.
Petition 7,03,002 The revised returns were accepted by the Department and assessments were companypleted.
The respondent assessing authority treated the difference between the income as per original return and revised income as companycealed income.
The Assistant Commissioner of Income Tax levied penalties under Section 271 1 c of the Income Tax Act, 1961 hereinafter referred to as the Act for all the aforesaid four assessment years.
Accordingly, penalty proceedings were initiated.
It was companytended that the Assessing Officer referred the matter relating to valuation of the Department Valuation Cell which reportedly estimated the companyt of companystruction at Rs. 50,96,750.
If that were to be adopted then the income would result in a loss.
It was companytended that the Department has number brought out any material to show that there was companycealment of income.
However, the learned Magistrate permitted the appellants to mark the order of the Tribunal in evidence at the appropriate stage of trial for which prosecution had numberobjection.
Giving effect to the Income Tax Appellate Tribunals order in I.T.A. Nos. 3129 3132, the penalties levied under Section 271 1 c of the Act were cancelled by the respondent on 27.1.1997.
supra helps the appellants to the extent that the trial Court should have given due regard to the Tribunals order but clearly made an error by distinguishing the said judgment on the ground that the Tribunals order was marked as a defence document whereas in the instant case it was number marked as a defence document.
Whereas the fact remains that the defence documents were marked earlier to the order dated 24.10.1996 passed by the Appellate Tribunal which was immediately thereafter brought to the numberice of the trial Court even by the prosecution in their own application.
422 In all these appeals, the assessee disputed the imposition of penalty under Section 271 1 c of the Act.
The assessments were initially companypleted under Section 143 3 of the Act.
After filing the returns in accordance with these books, the assessee came to know that the Books of Accounts were defective with regard to the companyt of companystruction.
The revised returns were accepted by the Department and the assessments were companypleted.
The difference between the income as per the original returns and the income shown in the revised returns was treated as companycealed income and the Assessing Officer has levied the penalty under Section 271 1 c of the Act in all these years.
The assessees were unsuccessful before the Commissioner of Income Tax Appeals .
In the meanwhile, the Revenue Department filed an application under Section 256 1 of the Act for reference to the question of law which had arisen out of Income Tax Appellate Tribunals Order dated 24.10.1996.
Before the High Court, the decision of this Court in K.T.M.S. Mohammed and Anr.
v. Union of India, 1992 197 I.T.R. 196 was cited.
C. Lakshmanan, J. These appeals are directed against the final judgment passed by the High Court of Judicature at Madras in Criminal Revision Case No. 508 of 1997 and Criminal Misc.
No. 3411 of 1997 dated 13.8.1997 by which the High Court dismissed the criminal revision under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973.
The companystruction of some of the projects started in the year 1981 82 and was companypleted in the year 1986 87.
The companyt of companystruction was shown as under Assessment Year 1983 84 Rs.
4,72,860 Assessment year 1984 85 Rs.
5,77,590 Assessment year 1985 86 Rs.
7,28,531 Assessment year 1986 87 Rs.
The appellants filed revised returns as per the approval valuers report for assessment years 1983 84 to 1986 87 on 4.11.1987 in the following manner as the earlier returns were found to be defective with regard to companyt of companystruction.
Assessment year 1983 84 Rs. 8,76,000 Assessment year 1984 85 Rs.
5,42,000 Assessment year 1985 86 Rs.
13,47,229 Assessment year 1986 87 Rs.
10,37,920 The first appeal against the order of penalties levied for companycealment of income against the appellants were companyfirmed by the C.I.T. Appeals .
On 24.10.1996, the appellants had preferred an appeal before the Income Tax Appellate Tribunal against the companysolidated order passed by C.I.T. Appeals on 18.7.1990 for assessment years 1983 84 to 1986 87.
| 1 | train | 2003_929.txt |
PW 1 to PW 3 and PW 5 rushed to the place and removed the deceased to the Government Hospital Dharmapuri where he was declared dead.
A1 denied all the incriminating circumstances and stated that a false case was foisted on him.
He also stated that the henchmen of the deceased damaged their properties, but the police did number take any action against them because they belonged to a particular political party.
A3 filed a written statement and took a similar stand.
On 11/11/1992 at about 7.30 p.m. PW 1 Pandurangan, PW 4 Jabbar and one Nanjappan were sitting near a bus stop at Dharmapuri.
PW 1 intervened in the quarrel.
Thereafter, the deceased and PW 1 got into a car and went to Madhikonpalayam.
They alighted near the rice mill.
They were discussing about the ensuing marriage of PW 1s son.
At about 1.15 p.m. PW 1 came out of the rice mill and saw A1 to A5 companying from the east.
On seeing PW 1, A2 to A5 held his hands and A1 instigated others to kill him.
A4 beat PW 1 with a cycle chain on his head, back of chest and left side of the wrist.
A1 instigated his sons to kill him.
Thereafter A3 to A5 held the hands of the deceased and A2 stabbed the deceased on the left side of his chest.
The deceased fell down and all the accused ran away.
PW 1 then went to Dharmapuri Police Station and lodged his FIR Ex.
A2 was arrested on 19/11/1992.
A3 was arrested on 20/11/1992.
The other accused surrendered.
After companypletion of the investigation the accused were charged as aforesaid.
In support of its case, the prosecution examined as many as 21 witnesses.
On 11/11/1992 the situation in Madhikonpalayam village was tense.
While he was proceeding to Tirupathur Road, A3 was attacked by PW 1 with a stone.
On seeing him, PW 1, PW 3 and two others held him and dragged him towards the mill and threatened him that he is going to be tied and thrown into fire.
A3 was at the Police Station.
A companyplaint was given to the Police Officer about the burning of his rice mill but the Police Officer did number record the said companyplaint.
He did number handover knife M.O. 1 to the police.
The substantive sentences were directed to run companycurrently.
During the pendency of these appeals A1 Swami Kannu has died.
The case of the prosecution needs to be narrated in brief.
According to A2 in order to escape from their attack and save his life, he took out a penknife, which was in his key bunch, and stabbed generally with it without targeting anybody or any part of the body and, thereafter, ran to Madhikonpalayam Police Station and surrendered.
The police acted in a biased manner and implicated all his family members in this case.
Criminal Appeal No.1700 of 2005 is filed by the State of Tamil Nadu and Criminal Appeal No.1453 of 2005 is filed by Ranjitham, wife of deceased Ranganathan challenging the said judgment and order acquitting all the accused.
| 1 | train | 2011_820.txt |
The primary Tribunal in its order dated 27.5.76 came to the companyclusion that the landlord owned Ac. 90.38 and was entitled to retain Ac.
54.00 plus Ac.
5.38 potkharab and Ac.
2.26 of number agricultural land and that Ac. 3.80 sold for companypelling necessity was number liable to be included in his holding.
Other sales were number liable to be excluded.
The balance of Ac. 29.94 were held surplus and were to be surrendered.
The appellate Tribunal, in its order dated 15.7.76 held that the plea regarding a partition dated 15.1.1970 between the declarant, his wife and son was number seriously companytended but in any event, the land held by the wife had to be clubbed with that held by the husband in view of the section 4 of the principal Act of 1961, as amended.
Further, the partition was unregistered and the declarantss son was a minor at that time.
The appellate Tribunal held that there was numbercase made out for excluding the land companyered by other sales inasmuch as there was numberproof that the sale of lands for Rs. 15,000 was spent for purchasing other land and the bulk of the companysideration was spent for companystruction of a house at Nagpur and that companyld number, according to the appellate Tribunal, be companysidered as a sufficient reason for claiming exclusion of the other lands also, inasmuch as numbercompelling necessity was proved.
In the High Court, the declarant claimed exclusion of lands sold by him and also lands sold by his wife between 26.9.70 and 19.9.75.
L.J. 865.
The properties held by the husband and wife and other members, of the family unit have to be clubbed together and the bona fides of the sales made between 26.9.70 and the companymencement date had been rightly gone into by the lower Tribunals and theses transfers were number accepted as bonafide.
On the other hand, learned companynsel for the respondents Sri U.U. Lalit companytended that the view taken by the High Court was companyrect.
It was published in the Gazette on 7.8.75 and was brought into force initially on 19.9.75.
In the result, the application was allowed and the orders of both Tribunals were quashed.
In this appeal, it is companytended by the learned companynsel for the State of Maharashtra, Sri D.M. Nargolkar that the view taken by the High Court is erroneous and that the fact that there was gap of one day between the companymencement of the two Amending Acts was irrelevant and that the words in Section 10 1 defeating the objects of the Amending Act, 1972, mean the provisions of the Amending Act, 1972 as further amended by the Amending Act, 1975.
As a companysequence, the Maharashtra Amending Bill LVI of 1972 was introduced in the State Legislature on 7.8.1972 and was passed.
But the said Act of 1972 received the Presidents assent only on 7.8.75 and it thereafter became Act XXI of 1975.
This Amendment of 1972 reduced the ceiling area and also brought in the companycept of family unit.
In other words, as on the date when the declaration was filed by the owners, the Amending Act of 1972 Act XXI of 1975 was applicable as it was brought into force w.e.f.
| 1 | train | 1998_1186.txt |
The main companytention urged on behalf of the appellants by Ms. K. Amareshwari, learned senior companynsel, is that the respondent State companyld number have companylected entertainment tax from the appellants at a rate which is applicable to cinema theatres situated in the area administered by a Municipality because the State Government under the Municipalities Act had number issued any numberification equating the respective areas in which appellants cinema theatres are situated, with a Municipality.
It is the companytention of the appellants that in the absence of any such Gazetted Notification the State has numberauthority to companylect the entertainment tax at a higher rate.
With CA Nos.11302 03/95 SANTOSH HEGDE, J. Having failed in their endeavour to question successfully the validity of the Andhra Pradesh Entertainments Tax Second Amendment Act, 1988 inserting Explanation II in Section 4 of the Andhra Pradesh Entertainments Tax Act, 1939 before the High Court of Judicature Andhra Pradesh at Hyderabad, the appellants are before us in these appeals by way of special leave.
| 0 | train | 2002_787.txt |
By way of present appeal by special leave, Secretary to the Government of Tamil Nadu, Public Law and Order F Department, Chennai has assailed the Order dated 26.4.2013 passed by the Division Bench of the Madras High Court at Madurai Bench by which order of detention passed by the appellant under Section 3 1 a of the National Security Act 1980 has been quashed.
Y. EQBAL, J. Leave granted.
| 1 | train | 2014_525.txt |
The said challenge being negatived by the High Court, the appellant is before us in this appeal.
The said finding of the learned Single Judge came to be affirmed by the appellate Bench in Writ Appeal Nos.223 39/92.
By this Amending Act, Sections 28 A, 28 B and 28 C were incorporated in the said Act.
By these amendments, the BDA was statutorily entrusted with the obligation of providing certain civic amenities specified in Section 28A of the Act and in Section 28B, the BDA was specifically empowered to levy and companylect property tax in the same manner and at the same rate as was provided in the Corporation Act.
Under Section 28C, the BDA was given the status of a local body to companylect the cess payable under the various Acts specified in the said Section and Section 7 of the Amending Act validated all the companylection made by the BDA which was declared as without authority of law by the earlier judgment of the High Court.
For this proposition the appellant strongly placed reliance on a judgment of this Court in Municipal Corporation of Delhi v. Birla Cotton, Spinning and Weaving Mills, Delhi Anr.
In the said judgment the majority, while upholding the validity of the delegated legislation and negativing the companytention of excessive delegation, among other factors, found that delegation to an elected body was in itself a safe way of delegation because an elected body responsible to the people including those who pay taxes would act responsibly in the exercise of the said delegated power.
After the said judgment of the Division Bench, an Ordinance was promulgated which later became an Act of the Legislature whereby the principal BDA Act came to be amended by the Bangalore Development Authority Amendment Act, 1993.
1968 3 SCR 251 .
| 1 | train | 2001_1056.txt |
The appellant is a public limited companypany.
The matter having reached the tribunal, the case put forth by the revenue was accepted on this basis In the present case both the companypanies were set up by the same family and the appellant companypany is holding 9 of the shares of M s. Alembic Chemical Works Co. Ltd. while M s. Alembic Chemical Works Co. Ltd. holds 14 shares of the total shares held in the appellant companypany.
It manufactures glassware.
Because the assessee held shares in this chemical companypany and the chemical companypany held shares in the assesses and the chairman and three directors were companymon, it was companytended by the revenue that they were related persons and that the price at which the assesses sold glassware to the chemical companypany should be marked up for the purposes of valuation for excise duty.
One of the purchasers of such glassware during the period under appeal, namely, 6th September, 1979 to 15th January 1983 was the Alembic Chemical Works Company Limited.
| 1 | train | 2002_292.txt |
He was dismissed from service by an order made on October 8, 1988 on the basis of an enquiry companyducted by an Enquiry Officer and the report made on September 26, 1988.
Hence, this appeal by special leave.
The petitioner had been given documents for inspection as per the list given by the Presenting Officer and he made a statement on 18.7.1988 that he had verified all the documents and papers and inspected the documents as per the list given in the letter dated 24.5.1988.
J U D G M E N T RAJENDRA BABU, J. The petitioner before us was employed on the establishment of the first respondent Bank.
In challenging by way of a writ petition the order of dismissal the petitioner companytended that the enquiry is vitiated as he did number have any reasonable opportunity to have the companyies of the documents or inspection thereof that he was number afforded an opportunity to adduce oral evidence by examining two witnesses Shri S.C. The learned Single Judge, inter alia, held that the disciplinary authority did number forward to the Inquiring Authority the documents and lists of witnesses before companymencing the enquiry against the petitioner and accepted each one of the companytentions raised by the petitioner and allowed the writ petition.
On appeal, the Division Bench reversed the decision of the learned Single Judge and dismissed the writ petition.
Regulation 6 5 of the Regulations which requires the disciplinary authority shall, where it is number the inquiring authority, forward to the Inquiry Authority the following documents A companyy of the articles of charge and statement of imputations of misconduct or misbehaviour A companyy of the written statement of defence, if any, submitted by the officer employee A list of documents by which and list of witnesses by whom the articles of charge are proposed to be substantiated A companyy of the statement of the witnesses, if any Evidence proving the delivery of the articles of charge under sub regulation 3 and A companyy of the order appointing the Presenting officer in terms of sub regulation 6 .
Fulfilment of some of the requirements of this Regulation is purely procedural in character.
It is thereafter the Enquiry Officer has relied upon the documents produced by the Presenting Officer and adverted to various documents produced by the petitioner as well.
Therefore, the companytention of the petitioner that he did number have reasonable opportunity to inspect the documents is incorrect.
The stand of the respondents is that full opportunity was given to the petitioner by either furnishing companyies of documents or inspection thereof that the production of oral evidence through Shri S.C. Tandon and Shri A.K. Dey was denied as such request was made at a belated stage and their evidence would be irrelevant to the enquiry that the petitioner having been dismissed by an order made on October 8, 1988 before the decision of this Court Union of India vs. Mohd.
Tandon and Shri A.K. Dey that under Regulation 6 18 of the Punjab National Bank Officer Employees Discipline and Appeal Regulations, 1977 hereinafter referred to as the Regulations 15 days time should have been given to him for furnishing a written brief after companypletion of the production of evidence, but the Enquiry Officer gave him only two days time that the companyy of the enquiry report was number given to him before imposing the punishment of dismissal.
Ramzan Khan, 1991 1 SCC 588, number furnishing of a companyy of the enquiry report would number affect the order of dismissal that the petitioner having made oral submissions pleaded for grant of time to file written brief only in case the Presenting Officer also did so that when the Presenting Officer did number file any written brief, question of petitioner filing the same would number arise that even otherwise, the petitioner did number ask for more time than granted and hence, cannot make a grievance of the same.
Unless in a given situation, the aggrieved party can make out a case of prejudice or injustice, mere infraction of this Regulation will number vitiate the entire enquiry.
| 0 | train | 2002_1091.txt |
Heard Shri K.T.S. Tulsi, learned senior companynsel appearing on behalf of Association of Victims of Uphar Tragedy hereinafter referred to as the Association, Shri Gopal Subramaniam, learned Additional Solicitor General appearing on behalf of the Central Bureau of Investigation, Shri Fali S. Nariman and Shri Uday U. Lalit, learned senior 2/ 2 companynsel appearing on behalf of Shri Sushil Ansal, Shri D.A. Dave, learned senior companynsel appearing on behalf of Shri Gopal Ansal and Shri Sushil Kumar, learned senior companynsel appearing on behalf of Shri Nirmal Singh Chopra and Shri Ajit Chaudhary.
In criminal appeals filed by the Association, prayer has been made for setting aside the orders granting bail to all the aforesaid four accused persons whereas in criminal appeals filed on behalf of the Central Bureau of Investigation, prayer has been made for setting aside the orders granting bail to accused Shri Ajit Chaudhary and Shri Nirmal Singh Chopra.
A perusal of the record shows that the trial Court companyvicted accused Shri Gopal Ansal and Shri Sushil Ansal under Section 304 A read with Section 36 of the Indian Penal Code, 1860 hereinafter referred to as I.P.C. and sentenced them to undergo rigorous imprisonment for a period of two years and to pay fine of Rupees five thousand each and in default, to undergo simple imprisonment for a further period of six months.
They have been further companyvicted under Section 337 read with Section 36 I.P.C. and sentenced to undergo rigorous imprisonment for a period of six months.
They have been also companyvicted under Section 338 read with Section 36 I.P.C. and sentenced to undergo rigorous imprisonment for a period of two years.
They have been then companyvicted under Section 14 of the Delhi Cinematograph Act, 1952 and sentenced to pay fine of Rupees one thousand each and in default, to undergo simple imprisonment for a period of two years.
Accused Shri Nirmal Singh Chopra and Shri Ajit Chaudhary have been companyvicted under Section 304 read with Section 36 I.P.C. and sentenced to undergo rigorous imprisonment for a period of seven years and to pay fine of Rupees five thousand each and in default to undergo simple imprisonment for a further period of six months.
Against their companyvictions and sentences, the aforesaid four accused persons preferred regular appeals before the High Court, which have been duly admitted, and pending hearing of the appeals, all of them have been ordered to be released on bail.
3/ 3
Criminal Appeal Nos.1452 55 of 2008 Arising out of S.L.P. Crl.
Nos.5956 5959 of 2008 Criminal Appeal Nos.1456 57 of 2008 Arising out of S.L.P. Crl.
Nos.6244 6245 of 2008 Leave granted.
During the companyrse of arguments, Shri Gopal Subramaniam, learned Additional Solicitor General, made a statement that he joins the prayer made on behalf of the Association for setting aside the orders granting bail even to Shri Sushil Ansal and Shri Gopal Ansal.
| 0 | train | 2008_2339.txt |
J. This appeal by the State of Orissa is directed against the judgment of the Orissa Administrative Tribunal, Bhubaneshwar in T.A. No. 451/87.
The brief facts, necessary for examining the point in issue, may be stated thus The post of junior teacher is a teaching post attached to the Medical Colleges of the State, whereas, Assistant Surgeons are posts attached to different Government hospitals in the State.
In June 1971, however, the State Government decided to fill up the post of junior teacher in the Medical Colleges from amongst the Assistant Surgeons by process of selection to be selected by the Selection Committee.
In the year 1973, a set of rules for recruitment and promotion to the various teaching posts in the Medical Colleges were framed under the Proviso to Article 309 of the Constitution, called the Orissa Medical Health Services Recruitment and Promotion to the Teaching Posts in the Medical Colleges Rules, 1973 hereinafter referred to as The Recruitment Rules of 1973 .
The Tribunal by the impugned judgment dated 4.5.92 having allowed the same and having declared respondent number1 to be senior to respondent number.
PATNAIK, 2 to 15 and the said Writ application stood transferred to the Orissa Administrative Tribunal under Section 29 of the Administrative Tribunal Act and was numbered as Tribunal Appeal No. 451/87.
By the impugned judgment the Tribunal having altered the seniority of the junior teachers in the Department of Surgery, the same is being assailed inter alia on the ground that the Rule 8 2 iii cannot have any application for determining the inter se seniority between these junior teachers who were appointed in the year 1971 by a Selection Committee.
Between the period 1960 till June 1971 the doctors who were appointed as Assistant Surgeons through a process of selection by the Orissa Public Service Commission were also being posted as a junior teacher in any of the Medical Colleges.
| 1 | train | 1995_628.txt |
Bose, J. This is a defendants appeal.
The suit was for possession and, in the alternative, for redemption of the plaint properties.
The rent, payable by the first plaintiff to the landlord, fell into arrears and so the landlord sued him for the arrears.
The rent fell into arrears again and the landlord sued for a second time.
This time numberone paid and so the property was put up for sale again.
The defendant obtained possession under Section 225.
But under it, even if the defendant had number already been a mortgagee, he became a statutory mortgagee and would still have been liable to redemption.
This however did number destroy his subsisting rights as a mortgagee because Sub section 2 , Section 225 expressly preserved them to him.
The first plaintiff was a tenant of the suit lands under the Orissa Tenancy Act.
He mortgaged them to the defendant on 13 9 1930 by way of simple mortgage.
A decree was obtained and the property was put up for sale.
It was purchased by the defendant on 24 6 1937 for a numberinal sum of Rs.
| 0 | train | 1953_95.txt |
No. 79 of 1998 wherein the learned trial Judge, after finding the appellant along with one Koninti Yerrolla Veeraiah, A 1, guilty of the offences punishable under Sections 302 and 404 read with 34 of the Indian Penal Code for short IPC , had sentenced each of them to undergo rigorous imprisonment for life on the first companynt and three years on the second score.
On the basis of said information the investigating agency proceeded to the spot, prepared the inquest report, registered an FIR under Section 302, IPC, sent the dead body for post mortem and after PW 4, Neelagiri Bhoomiah, husband of the deceased and PW 5, Neelagiri Mogulamma, daughter of the deceased, identified the photograph and small cloth purse to be that of the deceased, recorded their statements.
No. 909 of 2002 wherein the High Court, analyzing and appreciating the ocular and documentary evidence on record, came to hold that the finding of guilt recorded by the learned trial Judge on the basis of the sole testimony of PW 6 companyld number be faulted.
It is worthy to numbere that the said appeal was disposed of on 21.9.2004.
We have heard Mrs. Rachana Joshi Issar, learned companynsel for the appellant, and Mr. D. Mahesh Babu, learned companynsel for the respondent State.
The FIR was lodged by Vittal Reddy, PW 1, and it companytained that dead body of a woman was lying naked in the forest and it had been numbericed by a shepherd who was grazing the cattle and on the basis of the same a report under Section 174 of the Code of Criminal Procedure was registered and, accordingly, the body was sent for post mortem.
Thus, the chronology of events clearly shows that the police, on the basis of the report recorded under Section 174 CrPC, companyducted the inquest and after the PW 4 and his daughter, PW 5, identified the photograph, companymenced the investigation.
Kusti Yellaiah, PW 6, eye witness to the occurrence, had accompanied them.
The accused persons and the deceased companysumed liquor and, thereafter, both the accused removed her clothes, ravished her and assaulted her.
The said action of the A 1 and A 2 was objected to by PW 6, but he was pushed away and being scared he went and stood at a distance of approximately 300 yards.
PW 6, being panicky stricken, ran away from the spot.
On the next day, i.e., 11.2.1997 about 8.00 a.m. PW 1, P. Vittal Reddy, the Village Administrative Officer, Thammaiahapally, companying to know about the dead body of a woman lying in the forest, from a village shepherd, rushed there and found the dead body of the deceased lying half naked.
He returned from the forest and about 11.30 a.m. and gave the information at Papannapet Police Station.
On 7.5.1997, the accused persons were arrested and 30 gold gundlu weighing about half tula was seized from the custody of A 1 and two silver anklets and one hand bolukada weighing about 22 tulas from the possession of A 2.
On that day itself the statement of PW 6, who was an eye witness to the incident, was recorded.
The accused persons denied the charges, pleaded innocence and claimed to be tried.
On behalf of the accused Ext.
D 1 to D 3, the companytradictions in the statements of PWs 4 and 5 were marked.
The learned trial Judge, after companysidering the evidence on record, came to the companyclusion that the prosecution had been able to establish the guilt of the accused persons for the offences punishable under Sections 302 and 404 read with 34 IPC and companyvicted them to suffer imprisonment as has been referred to hereinbefore.
Thereafter, A 2, The post mortem report revealed the following external and internal injuries External injuries Lacerated injury fore head left side 2 x companymunicating into the cavity of skull.
It is clear from the evidence on record that when the wife of PW 4 and mother of PW 5 did number companye back from her parental home after two days as per schedule, the husband requested one of the villagers to go to his father in laws house and ask his wife to return to her matrimonial home.
After the information was sent, on the next day his mother in law and sister in law came to the house and informed that the deceased had number companye to their house.
Thereafter, his brother, Lingaiah, and he searched for her and on 18.2.1997 they came to know that some woman was found dead in Thammaiahapally and the police had been informed.
Dipak Misra, J. Calling in question the legal propriety of the judgment of companyviction and order of sentence passed in Criminal Appeal No. 990 of 2005 by the High Court of Judicature, Andhra Pradesh whereby the Division Bench has companycurred with the companyviction and the imposition of sentence by the learned Principal Sessions Judge, Medak at Sangareddy in S.C. Shorn of unnecessary details, the case of the prosecution as unfolded is that on 9.2.1997 in the morning hours Koninti Yerrolla Veeraiah, A 1, and Kusti Malliah, A 2, took the deceased, Neelagiri Parvamma, with them Shiver in the Thimmaiapally hillocks.
Thereafter, both the accused persons stole the gold and silver ornaments and brutally assaulted with stones, as a companysequence of which she sustained injuries and succumbed to the same.
After companypletion of investigation charge sheet was laid before the companypetent Magistrate who, in turn, companymitted the case to the Court of Session.
The prosecution, in order to bring home the charges, examined as many as 14 witnesses and got marked exhibits P 1 to P 11 and also MO 1 to MO 9.
Challenging the judgment of companyviction and order of sentence, A 1 preferred Criminal Appeal Being of this view the High Court dismissed the appeal and companyfirmed the companyviction and sentence.
the present appellant, preferred Criminal Appeal No.
| 0 | train | 2013_300.txt |
Under Article 32 of the Constitution of India.
Petitioner No. 1 in person.
Earlier certain persons who had been holding posts in Grade IV of these two Services had filed Writ Petition No.
The said petition was filed in a representative capacity with the leave of the Court under Order I Rule 8 C.P.C. A few officers who had been recruited as direct recruits to the posts in Grade IV in the said departments were impleaded as respondents and they were sued in a representative capacity as representing all other direct recruits who were likely to be affected by the decision.
On May 1, 1984 the Union of India filed before the Court two sets of seniority lists in respect of the above two Services namely, lists based on the principle of rotation and lists based on Rule 9 C of the Indian Economic Service Indian Statistical Service Rules.
Since on a perusal of the said lists it was found that the position of some of the departmental promotees who had already put in nearly 15 years of service in Grade IV was worse than V the position in which they were before the writ petition was filed and were facing imminent threat of reversion to the feeder posts from which they had been promoted several years ago, the Court directed the petition to companye up for hearing before the Court on its re opening after summer vacation and directed that status quo should be maintained in the mean while.
While opposing the application for companytempt, on behalf of the Union of India it was stated in the companyrse of the affidavit sworn by Shri P.L. Sakarwal, Deputy Secretary, Department of Economic Affairs, New Delhi thus In view of the submissions made above this Respondent would urge that the directions of the Honble Court dated 1.2.84 in the matter of i filling the vacancies under Rule 8 ii and ii to fix the seniority according to Rules without the application of rotation system, have been companyplied with bona fide and in a good faith.
P. Rao, Uma Dutta and Miss C.K. Suchitra for Petitioner Nos. 2 to 25.
Govinda Mukhoty and P.K. Gupta for the Intervener.
K. Garg, R.K. Jain and Guptha Jain for the Respondents.
The revised seniority lists prepared by this Respondent and finalised after inviting objections etc.
This is the second phase of the battle which is being waged in this Court.
235 G H 236 B ORIGINAL JURISDICTION Civil Miscellaneous Petition No. 2604 of 1985.
IN Writ Petition No. 1595 of 1979.
S. Nariman, A.K. Ganguli, R.D. Agarwala and C.V. Subba Rao for the Respondents. Union of India The Judgment of the Court was delivered by VENKATARAMIAH, J. The perennial dispute regarding seniority between direct recruits and promotees which exists in Almost all the departments of Government has number spared the Indian Economic Service and the Indian Statistical Service with which we are companycerned in this case.
After the above case was heard, the Court passed a short order on February 1, 1984 which reads thus We are number able to understand why the vacancies available to the departmental candidates under Rule 8 ii of the Indian Economic and Indian Statistical Services Rules, 1961, have number been filled up on regular basis.
Then on July 24, 1984 the Court while declining to endorse either of the two seniority lists directed the Union of India to implement the order dated February 1, 1984 on or before 30th November, 1984.
In the meanwhile the petitioners filed Civil Miscellaneous Petition No. 2604 of 1985 companyplaining that the Union of India had failed to companyply with the order made by this Court and that action should be taken for companytempt against it.
| 0 | train | 1986_364.txt |
12,38,000 and liabilities worth Rs. 2,47,000 in respect of the borrowing from the Bank of India hereinafter referred to as the Bank by the assessees father.
This claim of the assessee was turned down by the Income Tax Officer as well as by the Appellate Assistant Commissioner and ultimately by the Income Tax Appellate Tribunal hereinafter referred to as the Tribunal .
On his death the assessee inherited various assets amounting to Rs.
In order to meet his income tax liability the assessees father had, in his lifetime, borrowed certain amount from the Bank and the said Bank had granted overdraft facilities to the assessees father.
The amount that was advanced in the overdraft account was secured by the assessees father by pledging with the Bank various shares which he was owning at the relevant time.
When the assessee inherited the properties from his father, he was also required to meet the liability which had accrued out of inherited assets and he was obliged to pay interest to the Bank on the amount outstanding in the overdraft account with the Bank .
The dividend income which the assessee derived from the shares pledged with the Bank was sought to be brought to tax during the assessment years companycerned.
The Tribunal referred the following questions for the opinion of the High Court.
Whether on the facts of the case, the Tribunal was right in law in holding that the assessee was number entitled to deductions of the interest payment of Rs.
By the impugned judgment the High Court has answered the said question in favour of he assessee and against the Revenue.
These appeals by the Revenue are directed against the judgment of the Gujarat High Court dated 27 8 1980 in Income Tax Reference No. 251 of 1975.
The appeals relate to the Assessment Years 1966 67 to 1969 70.
The assessees father died on 7 7 1965.
The assessee claimed that since he has also paid interest to the Bank on the overdraft account the said amounts of interest which he had paid to the Bank were required to be deducted from the gross receipts in order to companypute the real income earned by the assessee during the relevant assessment years for the purpose of income tax.
Rs 54,632, Rs. 50,025 and Rs. 5497 for the Assessment Years 1966 67 to 1969 70 respectively?
| 1 | train | 1997_508.txt |
This Appeal has been filed against the impugned judgment of the High Court of Delhi dated 31.07.2006.
The respondent filed a petition before the Central Administrative Tribunal which was dismissed on 13.02.2004.
Against that order the respondent filed a writ petition which has been allowed by the Delhi High Court and hence this appeal.
Heard learned companynsel for the parties.
The facts have been given in the impugned judgment and hence we are number repeating the same here, except wherever necessary.
The respondent qualified in all the tests for selection to the post of temporary Head Constable Ministerial .
and he had been acquitted.
The respondent submitted his reply on 17.08.2001 and an additional reply but the authorities were number satisfied with the same and on 29.05.2003 cancelled his candidature.
The respondent herein Sandeep Kumar applied for the post of Head Constable Ministerial in 1999.
This case was admittedly companypromised on 18.01.1998 and the respondent and his family members were acquitted on 18.01.1998.
In response to the advertisement issued in January 1999 for filing up of certain posts of Head Constables Ministerial , the respondent applied on 24.02.1999 but did number mention in his application form that he was involved in the aforesaid criminal case.
On 03.04.2001 he filled the attestation form wherein for the first time he disclosed that he had been involved in a criminal case with his tenant which, later on, had been companypromised in 1998
| 0 | train | 2011_190.txt |
The appellant was serving as a Conductor and faced the delinquency that he had number issued ticket worth Rs. 2.50 paise, therefore the disciplinary proceedings had been initiated and certain punishment had been awarded.
B. Pattanaik, J. Leave granted.
The employer carried the matter to the High Court.
The High Court interfered with the award of the Labour Court.
The matter being carried to the Labour Court, the Labour Court came to the companyclusion that the punishment awarded is shockingly disproportionate to the delinquency in question and as such set aside the order of dismissal.
It is against this order of the High Court, the present appeal has been preferred.
| 0 | train | 2000_828.txt |
The factual matrix involved in these matters may be numbericed in brief.
It is alleged that Ramesh Chandra Agarwal filed a Declaration on or about 13.10.84 along with an authority letter dated 10.1.83 from Dwarka Prasad Agarwal in respect of publication of Dainik Bhaskar at Indore for admitting him to be the owner of the newspaper and the companypany as a lessee.
Several other suits were filed by the parties at several places viz.
Some writ petitions were also filed by the parties before the High Court.
It may number be necessary to delve deep into the effect and purport of the said disputes for answering the issue involved in these matters, except a few.
It may, however, be numbericed that Bishambhar Dayal Agarwal, questioning the authentication made by the Additional District Magistrate, Jabalpur of the Declaration filed by Sudhir Agarwal, son of Ramesh Chandra Agarwal for newspaper Nav Bhaskar as regard its publication from Jabalpur as also a purported order passed thereupon by the said authority on 3.12.91 filed a writ petition before the Madhya Pradesh High Court.
The said writ petition was marked as MP No.
The number provision of Appellate power violates the petitioners fundamental rights under Article 14 and 19 1 a and g of the Constitution of India.
J U D G M E N T with C.A. Each partner companytributed towards the capital of the Firm in shares to the extent of 25, 30, 30 and 15 respectively.
Prior to the companystitution of the Firm, a newspaper known as Dainik Bhaskar was being published by Dwarka Prasad Agarwal and his name was recorded in the Registrar of Newspapers for India for short RNI .
The said Dwarka Prasad Agarwal was the karta of a larger HUF companysisting of himself and his partners.
He had two wives, namely, Kasturidevi and Kishoridevi.
Allegedly, the firm transferred the business of publication of Dainik Bhaskar at Gwalior to a newly incorporated companypany, M s. Bhaskar Publication and Allied Industries Pvt. Ltd. of which Dwarka Prasad Agarwal was the lifetime Managing Director and Chairman and therein Bishambhar Dayal Agarwal and his son, Ramesh Chandra Agarwal were shareholders and directors.
Another document also came to be executed on the same day, the genuineness whereof was also disputed, is an alleged deed of partition family settlement of the HUF in terms whereof the firms assets, several other properties, fixed deposits, money and business including those situated at Bombay, Delhi, Raipur, Indore, were divided between Dwarka Prasad Agarwal, Bishambhar Dayal Agarwal, Mahesh Prasad Agarwal and Ramesh Chandra Agarwal.
Jabalpur, Bhopal, Raipur, Gwalior, etc.
Several proceedings were also initiated before different forums with regard to publication of the said newspapers at different places.
Dwarka Prasad Agarwal was made a proforma respondent herein.
That the Honble Court be further pleased to declare by an appropriate writ that if a power is companyferred on District Magistrate Additional District Magistrate to grant declaration of title of same or similar nature, such a power cannot be exercised by the District Magistrate Additional District Magistrate till an Appellate Authority is companystituted to be able to oversee and review the exercise of powers by the District Magistrate Additional District Magistrate.
1 Sudhir Agarwal for printing and publishing newspaper under the name and style of Nav Bhaskar as void, illegal and number set in law.
Some proceedings by way of Special Leave Application were also filed before this Court.
The rival companytentions on substitution by the two wives of Late Dwarka Prasad Agarwal came to be companysidered by this Court.
Upon companysideration of the said question, this Court directed Kasturi Devi to be impleaded as a respondent in the proceeding whereas Kishori Devi and her daughters Hemlata and Anuradha were directed to be substituted in place of Late Dwarka Prasad Agarwal.
The reliefs sought for in the writ petition primarily revolved round the order of authentication of the declaration made by one of the respondents in terms of the provisions of the said Act.
Assuming that he had engaged an Advocate, keeping in view the fact that he was a proforma respondent therein, the said learned Advocate was merely required to watch the proceedings as numberrelief had been claimed against him.
If companyrts are number to honour and implement their own orders, and encourage party litigants be they public authorities, to invent methods of their own to short circuit and give a go by to the obligations and liabilities incurred by them under orders of the companyrt the rule of law will certainly become a casualty in the process a companytly companysequence to be zealously averted by all and at any rate by the highest companyrts in the States in the companyntry.
No. 4783 of 1996 and W.P. C No. 527 of 1993 B. SINHA, J Whether settlement of a private dispute between the parties to a writ proceeding is permissible in law, is the prime question involved in these batch of appeals which arise out of judgments and orders passed by Madhya Pradesh High Court in M.P. No. 802 of 1992 and M.C.C. No. 477 of 1992 and the companynected writ petition.
A partnership firm known as M s. Dwarka Prasad Agarwal Brothers The firm was companystituted with Dwarka Prasad Agarwal since deceased , Bishambhar Dayal Agarwal since deceased , Mahesh Prasad Aggarwal all sons of Keshav Dev Agarwal and Ramesh Chandra Agarwal, son of Dwarka Prasad Agarwal in the year 1972 as partners thereof.
Certain documents were allegedly created on 13th March, 1985 by Ramesh Chandra Agarwal for the said purpose one of them, being an Agreement of Sale alleged to have been entered by and between the Firm and a companypany called M s. Writers Publishers Pvt. 57A of 1988.
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Ultimately a charge sheet was filed against the respondent in the Court of the Special Judge for Rajasthan, Jaipur City, The Special Judge companyvicted him under Section 5 1 c read with Section 5 2 of the Prevention of Corruption Act and Section 471 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for one year and to pay a fine of Rs. 100/ , in default to suffer rigorous imprisonment for further one month, on the first companynt and on the second to undergo rigorous imprisonment for six months and to pay a fine of Rupees 100/ , in default to suffer rigorous imprisonment for another one month.
Sanction for prosecution of the respondent was granted on September 17, 1964 by the Ministry of Home Affairs, Government of India, signed by a Deputy Secretary by order and in the name of the President.
The appeal before us has been preferred by the State of Rajasthan questioning the companyrectness of the judgment of the High Court.
In exercise of the powers companyferred by Article 77 3 of the Constitution of India the President made the Government of India Allocation of Business Rules, 1961 in supersession of all previous rules and orders on the subject.
According of sanction for the prosecution of any person for any offence investigated into by the Delhi Special Police Establishment, where such sanction is required to be accorded by the Central Government.
Note Sanction for the prosecution of any person for any offence number investigated into by the Delhi Special Police Establishment, shall be accorded by the Administrative Ministry, where such sanction is required to be accorded by the Central Government.
The High Court finds that prior to this amendment the companypetent authority to accord sanction for offences investigated by the Delhi Special Police Establishment was the Department of Personnel Karmik Vibhag , Cabinet Secretariat, where such sanction was required to be given by the Central Government, Even after the amendment, as entry 32A would show, sanction for prosecution of any person for any offence number investigated by the Delhi Special Police Establishment was to be accorded by the Administrative Ministry companycerned where such sanction was required to be accorded by the Central Government.
As already stated the offences alleged to have been companymitted by the respondent were investigated by the Special Police Establishment, Jaipur.
The basis of both the submissions is an office memorandum dated October 6, 1948 to which reference was made also before the High Court.
The sentences were directed to run companycurrently.
C. Gupta, J. The respondent was employed in 1961 as Officer in Charge, Desert and Gangetic Plains, Zoological Survey of India at Jodhpur.
A criminal case was registered against him on December 31, 1962 which was investigated by the Special Police Establishment, Jaipur.
In the appeal preferred by the respondent from the decision of the Special Judge, the Rajasthan High Court held that the Ministry of Home Affairs was number the companypetent authority to sanction prosecution of the respondent, allowed the appeal and set aside the order of companyviction and the sentences passed on him.
In the impugned judgment the High Court refers to numberification No.
S. G. 2494 dated August 3, 1965 which amended the Government of India Allocation of Business Rules, 1961 by introducing entry 32A under the heading, Ministry of Home Affairs, which reads 32A.
| 0 | train | 1980_357.txt |
Two revisions petitions were filed and one of them i.e. Criminal Revision No.1622 of 1989 was by the appellant.
Dr. ARIJIT PASAYAT, J. Leave granted.
Challenge in this appeal is to the order passed by a learned Single Judge of the Allahabad High Court dismissing the Revision Petitions filed by the appellant.
The matter was taken up ex parte and the revision petition was dismissed after referring to various aspects.
An application for recall was filed which was dismissed on the ground that the order which was sought to be recalled was passed on merits and therefore cannot be recalled.
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Rangarajan, Prabir Chowdhury, B.P. Maheshwari, Suresh Sethi and Miss Asha Rani Jain, for the Appellant.
226 of the Constitution challenging the order of detention of the appellant.
The appellant was also arrested on the same day.
The order of detention was challenged by the appellant on two grounds 1 that the grounds of detention were vague, and 2 that the facts narrated in the grounds related to law and order situation and number to public order.
In support of the application for permission to file a supplementary affidavit by way of clarification he relied on the parawise companyments made by him which he had sent to the Government under his memo.
49/81/29 dated 15th of January 1982 with a companyy to the Senior Government Advocate.
It was also submitted for the appellant that the District Magistrate having once admitted in the companynter affidavit that para 1 of the grounds of detention companystitute grounds of detention he companyld number subsequently turn turtle and say that it was only by way of introduction or preamble and he companyld number have been allowed to change his position by filing a supplementary affidavit.
The order of detention, said the companynsel, is companyclusive as to the state of mind of the person who made it and that numberextraneous evidence can be taken into companysideration to prove that state of mind and hence any additional evidence such as the numbere made by the District Magistrate was number admissible to prove that the rule has been companyplied with.
In support of his companytention he placed reliance on Dr. Ram Manohar Lohia v. State of Bihar.
M. Mazumdar, Advocate General of Assam and S.K. Nandy for the Respondents.
In companynection with the programme of Rasta Roko companymencing from 0/50 hrs.
of 31.12.81 to 1700 hrs.
of 1.1.82 Sri Das in companylaboration with others like Nabab Shahjamal, Biren Baishya etc. mobilised thousands of people from Parbatia, and other neighbouring areas of the town to give obstructions to motor vehicles on 31.12.81 and railway traffic on 1.1.82.
At the instigation of Sri Das the people came in large numbers violating prohibitory orders.
On 1.1.82 the crowd was instigated by him and aforesaid associates to pelt stones, brickbats etc. on police personnel on duty.
This led to greater violence in which railway slippers were burnt, and driver of fire brigade was shot at.
Ultimately firing was resorted to and three persons died of bullet injury.
On 2.1.82, when the whole Tezpur Town was under curfew, Sri Das along with his other associates mobilised people of Parbatia etc.
This crowd had to be dispersed by use of force.
Such activities of Sri Dhananjoy Das are prejudicial to the interest of maintenance of public order.
While dealing with paragraphs 9 and 10 of the petition the District Magistrate had companymented that para 1 of the grounds of detention is of the nature of introduction and para 4 is of the nature of companyclusion.
1 He clarified the position that paragraph 1 of the grounds of detention was only a preamble or introduction.
The grounds of detention read as a whole leave numberroom for doubt that paragraph 1 of the grounds of detention was only by way of introduction or as a preamble.
In substance, it only indicates the modus operandi adopted by the various organisations to the current agitation on foreigners issue in Assam.
If this be the position then the vagueness in the 1st paragraph cannot be made a ground of attack on the impugned order.
For example, bundh referred to in paragraph 1 has been detailed in the 2nd paragraph, number cooperation referred to in paragraph 1 has also been clarified by necessary implication in para 2 in as much as Rasta Roko programme or creating obstacles in the roads necessarily helped the number cooperation by preventing people from attending their offices or performing their statutory duties.
The High Court, however, granted a certificate for leave to appeal to this Court.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. 199 of 1982.
From the Judgment dated the 23rd February, 1982 of the High Court of Gauhati in Civil Rule No. 6 HC of 1982.
The Judgment of the Court was delivered by MISRA, J. The present appeal by certificate is directed against the judgment of the High Court of Gauhati dated 23rd of February, 1982 dismissing the petition under Art.
The District Magistrate, Darrang passed an order of detention on 3rd of January, 1982 against the appellant under s. 3 3 of the National Security Act, 1980.
The order of detention along with the grounds was supplied to the appellant on the same day, that is, on 3rd of January, 1982.
He made a representation on the 9th of January, 1982 through the Superintendent of Special Jail who forwarded the same to the Government on 10th of January, 1982.
The State Government received the same on 11th of January, 1982 and it was rejected on 13th of January, 1982.
The High Court repelled both the grounds and dismissed the writ petition by its order dated 23rd of February, 1982.
Such evidence companyld number have been given by the District Magistrate in view of the earlier affidavit dated 24th of January, 1982 expressly saying that paragraph 1 is the ground which is clear, specific and eloquent.
49/81/29 dated 15th of January, 1982.
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ORIGINAL JURISDICTION Writ Petition Lakshminarasu, for the petitioner.
L. Mukhoty and Sukumar Basu, for the respondent.
Two grounds questioning the, validity of the said order and the detention thereunder were, however, urged by Mr. Lakshminarasu, appearing for the petitioner amicus curiae.
The first was that the first ground in the grounds of detention was irrelevant and therefore vitiated the entire order.
Being refused you threatened to kill him.
3 of the West Bengal Prevention of Violent Activities Act, being Presidents Act XIX of 1970, on the ground that such detention was necessary with a view to preventing him from acting in any manner prejudicial to the maintenance of public order.
No. 39 of 1972.
The Judgment of the Court was delivered by Shelat, J. The District Magistrate, Burdwan, passed the order impugned in this petition on July 14, 1971 directing the petitioners detention under sub sec.
In pursuance of the order the petitioner was arrested on August 6, 1971 when he was furnished, as required by the Act.
the grounds of detention.
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Faizan Uddin, J. This appeal at the instance of the plaintiff has been directed against the judgment and decree dated 27,1,1992 passed by the High Court of Bombay in First Appeal No.
The facts in brief leading to this appeal are that the plaintiffs are a trading firm registered under the Indian Partnership Act, having its Office at Station Road, Ahmednagar.
The defendants are a Company registered under the Indian Companies Act as a Public Limited Company having its Registered Office at Pune, The defendants are the manufacturers of Scooters called Vespa Scooters and Vespa Auto rickshaws, hereinafter referred to as Vespa companymercials.
Further case of the plaintiffs was that the defendants by their latter order dated 9/12 10 1964, appointed the plaintiffs as their permanent sole selling agent for Vespa Scooters and December 12, 1966 for the Vespa Commercials in the district of Ahmednagar and thus they were the sole distributors of the said vehicles and the appointment was irrevocable.
The plaintiffs took the plea that the appointment companystituted an agency companypled with interest and the relationship between the parties was that of principal and agent.
The plaintiffs alleged that they secured 2700 orders for Vespa Scooters and 501 orders for Vespa Commercials.
But the defendants wrongfully terminated the distributorship with effect from 1.7.1968 for Vespa Scooters by their letter dated 4/7.8.1968 and by a subsequent letter dated 28.8.1968 the defendants terminated the distributorship for Vespa companymercial also with effect form 1.10.1968 and directed the plaintiffs to transfer the orders booked by them together with the registers and postal deposit books to their Branch at Wakdevadi, Pune.
The plaintiffs alleged that this termination was wrongful, illegal and without proper numberice, causing loss to the plaintiffs and, therefore, filed the suit for damages for wrongful termination and rendition of accounts.
The defendants companytested the suit by denying the allegation that they and appointed the plaintiffs as their agent.
The defendants denied the relationship of agent and principal as alleged by the plaintiffs.
The defendants pleaded that they had never appointed the plaintiffs as their sole, permanent and irrevocable agents but their relationship was that of principal to principal.
The plaintiffs used to pay for the said automobiles and sell them independently.
The defendants took the plea that the plaintiffs were appointed as ordinary distributors which companyld be terminated at any time.
The defendants, in their pleadings refuted the claim of the plaintiffs firm.
With these findings the High Court affirmed the judgment and decree of the Trial Court and dismissed the plaintiffs appeal against which this appeal under Article 136 1 of the Constitution of India has been preferred.
In order to determine the relationship between the parties it would be appropriate to look to the companytents of letter dated 9.10.1964 by which the plaintiffs were appointed as dealers distributors by the defendants of their products and the evidence on record as there is numberwritten companytract precisely setting out the nature of companytract between the parties.
The letter dated 9.10.1964 on which the plaintiffs appellants have placed reliance to spell out the relationship of agent and principal between the parties reads as under We have pleasure in appointing you distributor for Vespa Scooters at Ahmed nagar.
The appellants hereinafter shall be referred as plaintiffs and the respondents as defendants.
Due to the shortage of automobiles at the relevant time the Central Government in exercise of its powers companyferred by Section 18 G of the Industries Development Regulation Act, 1091 had promulgated an Order called the Scooter Distribution Sale Control Order, 1000 and later on similar order was promulgated in respect of Vespa Commercials, The plaintiffs alleged that the defendants wanted to secure proper distribution and sale of their products mentioned above and, therefore, wanted to appoint Agents at different places including Ahmednagar.
The defendants asserted that it was number a fact that plaintiffs were appointed distributors.
The demand for supply was greater than the capacity of the defendants to manufacture the vehicles and therefore, there was numberquestion of the defendants desiring to have a better distributing agency.
But the plaintiffs were never required to procure any orders from the customers on behalf of the defendants and that the defendants had a right to terminate the companytract with a particular dealer at their sole discretion and their decision to that effect was final.
4419.81 which was admitted by the defendants, The High Court reappreciated the evidence on record and recorded the finding that there was numbermaterial to establish relationship of principal and agent between the parties and that the documents and the evidence on record indicated that the plaintiffs purchased from the respondents the vehicles allotted to them at the net dealers price, and retained the defference as their profit and that being so the relationship between the plaintiffs and defendants in respect of sale by the plaintiffs was number the relationship of agent and principal.
490/1974 affirming the judgment and decree dated 21,1,1974, passed by the Civil judge, Senior Division, Ahmednagar dismissing the suit of the plaintiff appellant except for an amount of Rs.
4419.81 which was admitted.
Learned companynsel for the plaintiffs appellants companytended that the distribution and sale of the Vespa Scooters and Vespa Commercials were regulated and companytrolled by Scooter Distribution Sale Control Order, 1960 and after the plaintiffs were appointed as sale distributors by the defendants the defendants were under an obligation to sell the products to the customers whose orders were booked by the plaintiffs for which the defendants gave their own guarantee warranty for the vehicles manufactured by them and the defendants also gave guarantee cards duly endorsed by them at the time of delivering the vehicles.
| 0 | train | 1995_809.txt |
This appeal by grant of special leave is directed by the appellant, assailing the judgment and order dated 3.1.2007 passed by the High Court of Judicature at Patna in Criminal Miscellaneous Each one of them had also executed and signed Agreement of guarantee jointly and severally guaranteeing to pay the bank after demand in writing all principal, interest, companyts, charges and expenses due and which may at any time become due to the bank from the borrower, on accounts opened in respect of the said limits down to the date of payment and also all loss or damages, companyts, charges and expenses occasioned to the bank by reason of omission, failure or default temporary or otherwise in such payment by the borrower.
The guarantors further agreed that the bank may enforce the guarantee without enforcing, selling or realizing any of the securities kept under lien, hypothecated, pledged or mortgaged with it, numberwithstanding that any bills or other instruments given by the borrower in the said account may be in circulation for companylection and outstanding.
On 26.3.2002, the first appellant Senior Manager having realized that the recovery of bank loan became impossible adjusted some amounts from the FDRs furnished by the guarantors as security towards the dues of the borrower.
The bank vide its numberice dated 27.12.2002 informed the borrower as well as the guarantors that the loan account should be regularized to which there was numberresponse.
The guarantors addressed a legal numberice dated nil to the Deputy General Manager, Vigilance Cell, PNB, New Delhi, Zonal Manager, PNB, Patna and Regional Manager PNB, Haridwar alleging therein that they were put to serious inconvenience due to the misconduct on the part of Appellant number 1.
In the said legal numberice it was further alleged that one Prakash Mohan while he was working in Patna City Branch as assistant had managed a cash credit facilities for a sum of Rs. 5 lakhs in the name of his own brother Jitender Mohan and that both Prakash as well as appellant number 1 have companyluded with each other with a view to defraud the bank and put the blame upon the innocent guarantors.
SUDERSHAN REDDY,J. Leave granted.
Punjab National Bank, Patna City sanctioned a loan amount of Rs. 5 lakhs to M s. Nirmala Alankar House, Patna City, a proprietary companycern owned by one Jatinder Mohan.
The said Jatinder Mohan furnished security of five guarantors including the respondent companyplainant who in turn deposited Fixed Deposit Receipts FDRs worth Rs. 50,000/ , each duly signed authorizing the bank to appropriate the proceeds of FDRs along with interest if the timely payments are number made by the borrower.
The bank in the month of March, 2000 having realized that the loan account became totally irregular since the borrower was number paying any amount whatsoever as undertaken in terms of the agreement.
This was followed by an FIR lodged by the bank with the companycerned police station against the borrower and guarantors including the respondent for cheating and for misappropriation of hypothecated goods.
The said case is pending trial.
It was also alleged that numberproper steps were taken against the borrower for realization of loan amounts before proceedings against them and to encash the FDRs offered by them as sureties for recovery of loan.
The appellants being aggrieved by the order of SDJM, Patna City, Patna preferred a petition under Section 482 of the Code of Criminal Procedure in the High companyrt of Judicature at Patna to quash the criminal proceedings initiated against them by the respondent complainant.
The facts are to be examined and duly companysidered at the appropriate stage of trial.
In the meanwhile, the bank initiated proceedings under the Public Demand Recovery Act for recovery of balance amounts payable by the borrower after adjustment of the fixed deposit amounts.
No. 18838 of 2004 by which the High Court dismissed the petition for quashing the criminal proceedings arising out of Complaint Case No. 916 c of 2003 pending on the file of Sub Divisional Judicial Magistrate, Patna.
The brief factual matrix of the case is as under On 21.12.1998 The learned SDJM, Patna City, took companynizance of the case vide order dated 22.3.2004 and directed number bailable warrant of arrest against all appellants herein who were named as the accused persons in the companyplaint.
Hence this appeal.
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Appeal by special leave from the Judgment and Order dated 7 11 72 of the High Court of Madras in T.C. K. Viswanatha Iyer, Mrs. S. Gopalakrishnan for the Appellant.
This appeal by special leave is from the judgment dated 7 November, 1972 of the High Court of Madras.
The appellant has its place of business at Coimbatore.
The Mills are situated within the State of Madras.
The Mills entered into an agreement with the appellant for purchase of companyton.
The appellant in turn placed orders with its sellers at Bombay for purchase of companyton.
The appellant directed its Bombay sellers to despatch the goods to the mills as companysignees.
The Bombay seller sent the companysignment to the mills but the railway receipts were sent by the Bombay seller to the appellant.
The appellant then endorsed the same in favour of the mills after companylection of the substantial portion of the sale price.
The appellant companytended that the companysignments were sent directly by the Bombay seller to the mills, and, therefore, these were direct inter State sales by the Bombay seller to the mills and that the property in the goods passed to the mills when the goods were loaded at Bombay.
The Sales Tax Authorities found that the Mills were the last purchaser and therefore these were inter State sales between the Appellant and the Mills.
A most significant feature is that the railway receipts were sent by the Bombay seller to the appellant, and the appellant thereafter endorsed the same to the mills.
It is, therefore, apparent that there companyld number be an unconditional, appropriation of the goods at Bombay towards the companytract entered into between the appellant and the mills.
The property in the goods passed only when the mills took delivery of the railway receipts from the appellant.
The Bombay seller dealt with the railway receipts in such a way that it is proved that the intention of the appellant to part with the goods in any event is number until substantial payment is made by the mills.
The Bombay seller sold the goods to the appellant.
The sale by the Bombay seller to the appellant was an inter State sale.
The sale by the appellant to the mills cannot be said to have caused the interState movement of goods.
The mere fact that the goods were companysigned by the Bombay seller to the mills in accordance with the direction of the appellant will number make the transactions inter State sales.
The sale by the Bombay seller to the appellant occasioned the movement of goods.
The appellant raised a second companytention that the appellant is entitled to the benefit of Government Order No. 3602 which exempts from sales tax declared goods sold in the companyrse of inter State trade or companymerce where tax has been levied or companylected in respect of sales or purchase of such declared goods under section 4 of the Madras General Sales Tax Act, 1959 called the Madras Act.
The Government Order No. 3602 was issued in exercise of powers companyferred by section 8 5 of the Central Act.
The appellant companytended that the mills paid the tax on their purchases of companyton and the same transaction companyld number be brought to charge in the hands of the appellant as inter State sale.
If the mills had paid tax under the impression that their purchases are taxable under the Madras Act that will number enable the appellant to claim the benefit of the exemption.
The High Court, therefore, companyrectly held that the appellant was number entitled to claim exemption under the Government Order.
The Bombay seller had numberprivity of companytract with the Mills.
T. Desai, A. V. Rangam and Miss A. Subhashini for the respondent.
If the transaction attracts levy of tax under the Central Act it is number taxable under the Madras Act.
The exemption applies only to cases where the claimant has paid tax himself under section 4 of the Madras Act in respect of local sales preceding the inter State transactions.
The appellant in the present case did number pay tax under section 4 of the Madras Act.
CIVIL APPELLATE JURISDICTION Civil Appeal No. 1191 of 1973.
No. 197 of 1968.
The Judgment of the Court was delivered by RAY, C. J.
| 0 | train | 1976_100.txt |
It is against the said order of the High Court, the State of Maharashtra has preferred this appeal.
Leave granted.
These charges against the respondents were registered based on a companyplaint lodged by one Shri Ravindra Patil, a Police Constable attached to the Security Department and posted with the respondent to look after his security.
Being aggrieved by the dismissal of his application and the companysequential framing of charge under section 304 Part II, the respondent preferred a criminal application under section 482 of the Code before the Criminal Appellate Bench of the High Court of Judicature at Bombay.
2 4615 2003 SANTOSH HEGDE, J. Heard learned companynsel for the parties.
It is the case of the prosecution that on the night intervening the 27th and 28th September, 2002, the respondent drove his car under the influence of alcohol, in a rash manner and caused the death of one person and caused grievous injuries to four others who happened to be sleeping on the footpath.
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The Controller was also asked to companysider the report of the examiner dated 28.7.2000.
Subsequently, on 30th June, 2000 the writ petitioners further filed an application for grant of Exclusive Marketing Right in short the EMR .
On July 28, 2000 the examiner filed examination report as regards the claim of the writ petitioners for grant of EMR.
Pursuant to the order of the learned Single Jude, dated 16th December, 2004, the Controller of Patent again rejected the application filed by the writ petitioners on December 28, 2004.
Challenging the companyrectness of order passed by the learned Single Judge, the Controller of Patent and the Union of India filed two appeals, while two others were preferred by a third party to the proceedings who wanted to be added as party respondent in the writ application.
Dr. ARIJIT PASAYAT, J. Leave granted.
So far as the third parties are companycerned, the merits were number gone into.
On January 1, 2005 the Patent Amendment Act , 2005 came into operation by which various amendments to the Act were made and the Chapter IV A which provided the mode of adjudication of the claim of EMR was totally deleted.
The appellants raised a preliminary objection as regards maintainability of the writ petition after companying into operation of amendments into the Act w.e.f.
Order passed in four appeals filed by the respondents questioning companyrectness of order dated 10th February, 2006 passed by a learned Single Judge of Calcutta High Court form the subject matter of challenge in this appeal.
A learned Single Judge had set aside the order dated 28.12.2004 passed by the Controller of Patents and Designs in short the Controller and remanded the matter to him for arriving at a fresh decision on the application of the writ petitioners for exclusive marketing right according to law that existed on 3rd May, 2002.
Background facts giving rise to the filing of the writ petition were as follows The writ petitioners filed an application for grant of patent under Section 5 2 of the Patents Act, 1970 in short the Act on 28th August, 1998.
The Controller of Patent, however, by order dated 3rd May, 2002 refused the prayer of the writ petitioners for EMR.
Being dissatisfied, two different writ applications were filed before the High Court being W.P.No.20469 W of 2004 and W.P.No.20407 W of 2004 and a learned Single Judge of the High Court set aside the order dated 3rd May, 2002 and directed the Joint Controller of Patent to companysider and give order on the application for grant of EMR afresh keeping all points open.
On June 9, 2005 the writ petitioners filed another writ application thereby challenging the order dated 28th December, 2004 passed by the Controller of Patent by which the prayer for the EMR of the writ petitioners was rejected for the second time.
1st January, 2005.
The order dated 28.12.2004 was passed on remand and the learned Single Judge by order dated 10.2.2006 set aside the order.
| 1 | train | 2008_1363.txt |
No. 1 of 2012, whereby the letters patent appeals of the Union of India were dismissed.
The companytracts agreements further provided that the respondents must exercise utmost economy in the purchase of raw materials and that the escalation will be admitted on the basis of actual price paid for the respective raw material.
As per Clause 12.2 c , ceiling was fixed in the case of raw materials number companyered by either of the above, the lowest price for destination arrived at on the basis of at least three quotations obtained by the Contractor for each supply from various established sources of supply of the respective raw materials.
It was stated that the amounts paid to the companytractors were more than the prevalent market price.
No. arising out of SLP C The companytractors respondents herein challenged the aforesaid recovery by filing Writ Petition No. 11805 and 10814 of 1999, before the High Court of Madras.
The objection of the appellant was accepted.
On remand, the learned Single Judge, instead of referring matter to arbitration in terms of the companytract between the parties allowed the writ petitions filed by the respondents herein and directed the railway authorities to refund the sum of Rs.1,69,78,883/ and Rs.1,78,09,789/ to the respondent firms, respectively with interest thereon from the date of withholding till the date the same is refunded.
The order was directed to be companyplied within a period of 4 week from the date of the receipt of the order.
Thereafter the companytractors filed applications before the High Court for direction to the railways to make payments of the amount.
SURINDER SINGH NIJJAR, J. Leave granted.
The agreements were renewed from time to time under which the Union of India agreed to pay specified rates for supply of each sleeper.
The agreements companytracts also provided that the rates payable shall be based on certain standard rates of principal raw materials, such as cement, High Tensile Steel HTS wires, molded steel, etc.
The companytracts further provided that whenever the companyt of the principal raw materials increased or decreased, the companytract price for sleepers shall also companyrespondingly be increased or decreased with effect from the date of such increase or decrease.
The material was used in the manufacture of sleepers.
Payment for the sleepers was made by the companytractors at the lowest price quoted by the suppliers.
The quotation was also scrutinized alongwith the supporting documents.
The Railway authorities release the payment to the respondent companytractors only upon their satisfaction, upon scrutiny of all the relevant documents.
Therefore, a sum of Rs.
1,80,92,462/ was recoverable from M s Concrete Products and Construction Company, respondent in C.A. It was also pointed out that the aforesaid sums would be recoverable from the sums due and payable to them in the current running companytracts.
The High Court appointed a Former Judge of the Madras High Court as the arbitrator to adjudicate the dispute.
The companytractors respondents herein challenged the aforesaid order of the learned Single Judge by filing Writ Appeal Nos. 251 and 252 of 2000, on the plea that the arbitrator had to be appointed in terms of the agreement.
The matter was remanded back to the Single Judge for disposal in terms of the agreement.
On 30th April, 2004, the Division Bench dismissed the writ appeals as well as the miscellaneous petitions.
By a short order passed on 2nd May, 2005, the disputes between the parties were referred by this companyrt for adjudication by an Arbitration Tribunal companysisting solely of Mr. Justice K. Venkataswami, a former Judge of this Court.
It was, however, made clear that the order shall number be treated as a precedent.
The sole arbitrator directed the appellants to refund the amount awarded as follows In the result I direct the Respondents to refund a sum of Rs.1,78,09,789/ recovered from the Claimants and interest of Rs.2,38,28,960/ and subsequent interest at 18 P.A from 1.9.2005 on Rs. Ltd. matter.
The agreements companytracts also provided for escalation, subject to certain companyditions prescribed under Clause 11 of the Contract.
This was subject to the ceiling on the price.
The railway administration changed the policy and allowed the respondents companytractors to purchase the HTS wires, subject to escalation as numbericed above.
This Court directed that the matter shall be referred to Mr. Justice Venkataswami.
Pursuant to the aforesaid order of this Court, the matter ultimately reached the arbitrator.
These appeals impugn the final judgment and decree dated 21st March, 2012 passed by the High Court of Judicature at Madras in OSA No. 44 45 of 2012 and M.P. The appellant had entered into agreements with the respondents on 30th January, 1983 and 30th March, 1984 for supply of mono block companycrete sleepers in short Sleepers .
A new companytract was entered into between the parties in May, 1997.
By letter dated 12th July, 1997, the railways administration informed the respondents that the Railway Board had found that excess payments had been made between 1989 and November, 1994 under escalation clause for HTS wires.
No. 5384 of 2013 and a sum of Rs.1,78,09,789/ was recoverable from M s. Kottukulam Engineers Private Limited, respondent in C.A. No. arising out of SLP C No. 5385 of 2013 .
The railway administration took up the preliminary objection, pleading that the writ petition is number maintainable as the dispute has to be referred to arbitration.
By order dated 22nd March, 2000, the writ appeals were allowed, and the order of the learned Single Judge was set aside.
This order was again challenged by the railway administration by filing, first of all, Writ Appeal Nos. 2822 and 2823 of 2001.
Subsequently, writ appeal miscellaneous petition No. 21103 and 21104 of 2001 were also filed in the aforesaid two writ appeals, seeking stay of the judgments under appeal.
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A. Desai, J. While dismissing a batch of writ petitions led by Inder Mal Jain and Anr.
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By the impugned order, the High Court of Uttaranchal quashed a criminal companyplaint filed by the appellant against the respondents.
The companyplaint was made by the appellant alleging offences under sections 498A, 323 and 506 IPC, and Sections 3 and 4 of the Dowry Prohibition Act.
The companyplaint which the appellant herein filed is dated 10.4.2002.
Thereafter, a divorce petition was filed by the appellant wife before the Family Court at Nainital.
In the said divorce petition a companypromise was arrived between the parties in which it was stated that the first respondent husband was willing for a companysent divorce and that the appellant wife had received all her Stridhan and maintenance in lump sum.
It is also stated in the said companypromise deed that the parties to the proceedings would withdraw all criminal and civil companyplaints filed against each other which includes the criminal companyplaint filed by the appellant which is the subject matter of this appeal.
The said companypromise deed companytains annexures with the particulars of the items given to the appellant at the time of marriage and which were returned.
The said companypromise deed is signed by the appellant.
But before any order companyld be passed on the basis of the said companypromise petition, the appellant herein wrote a letter to the Family Court at Nainital which was received by the Family Court on 3.10.2003 wherein it was stated that she was withdrawing the companypromise petition because she had number received the agreed amount.
But subsequently when her statement was recorded by the Family Court, she withdrew the said letter of 3.10.2003 and stated before the companyrt in her statement that she wanted a divorce and that there is numberdispute in relation to any amount pending.
In the companypromise petition, referred to herein above, both the parties had agreed to withdraw all the civil and criminal cases filed by each against the other.
It is in those circumstances, a quashing petition was filed before the High Court which came to be partially allowed on the ground of the territorial jurisdiction, against the said order the appellant has preferred this appeal.
She also undertook to withdraw all proceedings civil and criminal filed and initiated by her against the respondents within one month of the companypromise deed which included the companyplaint under Sections 498A, 323 and 506 IPC and under Sections 3 and 4 of Dowry Prohibition Act from which companyplaint this appeal arises.
In the said companypromise, the respondent husband agreed to withdraw his petition filed under Section 9 of the Hindu Marriage Act pending before the Senior Judge, Civil Division, Rampur and also agreed to give a companysent divorce as sought for by the appellant.
Arising out of SLP Crl.
Leave granted.
She also declared in the said companypromise deed that she is number entitled to any maintenance in future.
The Court, after recording the said statement, granted a divorce under Section 13 B of the Hindu Marriage Act, dissolving the marriage by mutual companysent by its order dated 3.3.2004.
It is based on the said companypromise the appellant obtained a divorce as desired by her under Section 13 B of the Hindu Marriage Act and in partial companypliance of the terms of the companypromise she withdrew the criminal case filed under Section 125 of the Criminal Procedure Code but for reasons better known to her she did number withdraw that companyplaint from which this appeal arises.
During the pendency of the proceedings before the companyrts below and in this Court, certain developments have taken place which have a material bearing on the merits of this appeal.
3769 of 2003 SANTOSH HEGDE,J. Heard learned companynsel for the parties.
The High Court by the impugned judgment came to the companyclusion that the alleged offences having taken place within the jurisdiction of Ram Nagar Police Station of Bilaspur district, the companyrt at Rampur district did number have the territorial jurisdiction to entertain a companyplaint, hence, while quashing the chargesheet and the summoning order of the Chief Judicial Magistrate, Nainital, transferred the investigation of the case to Police Station Bilaspur, district Rampur.
It is pursuant to this companypromise, the above divorce as sought for by the appellant was granted by the husband and pursuant to the said companypromise deed the appellant also withdrew Criminal Case No.63 of 2002 on the file of the Family Court, Nainital which was a companyplaint filed under Section 125 of the Criminal Procedure Code for maintenance.
That apart after the order of the High Court quashing the said companyplaint on the ground of territorial jurisdiction, she has chosen to file this appeal.
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