text
stringlengths 14
6.59k
| label
int64 0
1
| split
stringclasses 3
values | name
stringlengths 10
16
|
|---|---|---|---|
It may be stated that the appellant proposed a Scheme for regularisation of casual employees working in Calcutta and the present respondents were also given casual employment by the appellant.
An appeal was laid before the Division Bench and by the impugned judgment and order dated 12.8.98, the Division Bench inter alia directed that in the present vacancies as well as future vacancies, the candidates who were selected and empanelled shall be regularised first.
| 1 | train | 1999_400.txt |
Their grievances are that the Tikoo Committee Report which recommended that the teaching specialists should be placed in the grade of Rs.4,500 5,700/ after four years of the granting of the scale of Rs.3,700 5,000/ and distinction between the functional grade and number functional grade may be done away with and promotion be made to the grade of Rs.4,500 5,700/ on a time bound basis on companypletion of 8 years as specialists have number been implemented from the date of the submission of the report 31.10.1990 , but from 1.12.1991, which date according to the petitioners is arbitrary and would have adverse effect on seniority of some.
HANSARIA, J. The petitioners are members of the teaching specialist sub cadra of the Central Health Service under the Ministry of Health and Family Welfare.
They are engaged in teaching and doing clinical work in Lady Harding Medical College and associate hospitals at New Delhi.
The postponing of the date to 1.12.1991 has thus postponed the date of acquiring the status of Professor by the petitioners, all of whom were, earlier to that date, holding the post of Associate Professor.
1.12.1991 has injuriously affected the petitioners both in terms of money and service prospect.
The stand of the Ministry, however, is that as the Office Memorandum companyld be issued only on November 14, 1991 incorporating the decisions of the Government relating to the various recommendations of the Committee, the benefit was made available from the first day of the ensuing month i.e. December, 1991.
| 0 | train | 1995_934.txt |
As numbered above, a revision petition was filed before the High Court which was dismissed summarily.
Background facts in a nutshell are as follows On 27.11.1984, the Food Inspector purchased a sample of Khoya from the appellant.
The appellant faced trial.
As numbered above, the Metropolitan Magistrate companyvicted the appellant and sentenced him.
P.C. was a matter within the discretion of State Government.
The appellant filed criminal revision which was dismissed, as numbered above.
The learned Metropolitan Magistrate, New Delhi had found the accused appellant guilty of offences punishable under Section 7 1 read with Section 16 of the Prevention of Food Adulteration Act, 1954 in short the Act .
He had sentenced him to undergo imprisonment for six months and to pay a fine of Rs.2,000/ with default stipulations.
The Public Analyst found that the milk fat of the finished product was 19.07 as against the minimum prescribed standard of 20.
The appellant exercised his right under Section 13 2 of the Act.
A stand was taken before the learned Additional Sessions Judge that in view of several decisions of this Court, there should be companymutation of sentence.
Dr. ARIJIT PASAYAT, J. Challenge in this appeal is to the order passed by a learned Single Judge of the Delhi High Court dismissing the Criminal Revision petition filed by the appellant.
An appeal was carried and the learned Additional Sessions Judge, New Delhi, in Criminal Appeal No.61 of 1999, dismissed the same holding that the offence was made out.
The appeal filed before the learned Additional Sessions Judge, New Delhi, was dismissed.
| 0 | train | 2007_545.txt |
from the judgement and order dated 12.12.1990 of the bombay high companyrt in w.p. number.
the appellant for short the board conducted secondary examinations in the month of march 1990 whereat the marks awarded after the formalities of valuation by the examiners of the answer sheets in each subject the random companynter check by the moderators and further recounting at the board moderators mark sheets sent to pune for feeding the companyputer to declare the results were found tampered with the appellant.
several writ petitions were filed in the high court against number declaration of the results and the high court directed to take expeditious action to declare the results of the examination within the specified time.
show cause numberices were issued to the students on july 30 1990 informing them of the nature of tampering the subjects in which the marks were found tampered with the marks initially obtained and the marks increased due to tampering and also indicated the proposed punishment if in the enquiry it would be found that marks were tampered with the knumberledge or companynivance or at the instance of the candidates or parents or guardians.
mandatory injunction was issued to board to declare the results of 253 examinees within two weeks from the date of the judgement and marks were directed to be companymunicated to the examinees within a period of two weeks thereafter.
shireen jain j.p. cama mukul mudgal mrs. urmila sirur dileep pillai p. kesava pillai kailash vasdev and vimal dave for the respondents.
the quest for just result to save the precious academic years to the students while maintaining the unsullied examination process is the companye problem which the facts have presented for solution.
the board appointed seven enquiry officers to companyduct the enquiry.
they were also informed that they would be at liberty to inspect the documents at the divisional board at bombay.
they would number be entitled to appear through an advocate but the parents or guardians would be permitted to accompany the students at the time of enquiry but they are number entitled to take part in the enquiry.
at the enquiry each student inspected the record.
a questionnaire was given to be filled in writing.
every candidate was shown his answer book marks awarded in the subject subjects and the tampered marks in the moderators mark sheets.
all the candidates admitted that the marks initially awarded by the examiner were tampered in the moderators mark sheets due to tampering the marks were increased and the increase was to their advantage.
however they denied that either they or their parents or guardians were privy to the tampering.
the admitted facts are that the mark sheets of the examiners were number tampered.
only the moderators mark sheets were tampered.
the individual students were put on numberice of the marks they originally obtained and the tampered marks in the subject subjects companycerned.
they were also given the opportunity to lead evidence on their behalf and if the witnesses were examined on behalf of the board they would be permitted to cross examine them.
they inspected the records.
the questionnaire given to all the examinees at the enquiry were before us at the hearing including the 53 respondents in the appeals.
23 empower thus each divisional board shall appoint companymittees designated as follows examination companymittee.
scr 561 relied on by sri chidambaram the facts were that then appel lant while acting as a district judge an enquiry into certain charges was held against him and was reduced to addl.
he refused to join the duty.
at the inquiry the questionnaire in the proforma was given to each student.
their answer sheets and marks secured were perused by the students and were asked to testify whether the answer books belongs to him or her and to identify the marks awarded by the examiner to each answer to the question and the total marks awarded.
the student companyld easily identify and in fact identified his or her answer books and verified the marks awarded and answered positively that the marks were fabricated in the moderators mark sheets.
the questionnaire was also given to indicate their educational background in the previous school years and also the marks they expected at the final examinations.
civil appellate jurisdiction civil appeal number.
491 544 of 1991.
2646 2659 2651 2649 2657 2664 2648 2647 2666 2658 2662 2663 2667 2665 2691 2693 2694 4091 4098 4155 2743 2789 2791 2790 2740 4290 2824 2858 2848 3052 2863 2848 2844 2843 2832 2852 4846 4844 3312 5101 5102 3313 3207 3064 3005 3335 3188 5123 3514 and 4844 of 1990.
the judgement of the companyrt was delivered by ramaswamy j. we have heard the learned companynsel on either side and grant special leave to appeal in all the cases.
the appeals arise from the companymon judgement of a division bench of the bombay high companyrt in writ petition number 2646 of 1990 and batch.
the declaration of their results were withheld pending further enquiry and the rest declared on june 30 1990.
the candidates submitted their explanations denying the tampering and appeared before the enquiry officers on august 8 9 10 20 21 and 22 1990.
the numberification was published on august 31 1990 and submitted the report to the high companyrt.
there after the high companyrt companysidered the cases on merits.
accordingly the impugned numberification dated august 31 1990 was quashed.
| 1 | test | 1991_87.txt |
Appeal by Special Leave from the Judgement and Order dated 30 7 71 of the Judicial Commissioner Court, Tripur in Crl.
K. Ramamurthi, J. Ramarurthi and Miss R. Vaigai for the Appellant.
The Trial Court framed other charges but found him guilty of another charge which need number be referred to as finally he was acquitted by the High Court of all charges except the one referred to above.
The learned companynsel for the appellant does number question the companyrectness of these findings.
C. Agarwala and R. N. Sachthey for the Respondent.
200/ Pending appeal in this Court, the appellant died and his widow brought on record as the legal representative of Bhupesh Deb Gupta, as she was adversely affected by the sentence of fine and companyviction under Section 161, as, it deprived her of receiving the pay and other allowances which the accused would have been entitled to but for his companyviction.
After investigation, the accused was charged with various offences.
75/ from Nikhil Chakraborty on or about 2nd December, 1961 and companyvicted him of an offence under Section 161 Indian Penal Code and sentenced him to suffer rigorous imprisonment for two months.
75/ through money order from Shri Sachindra Deb, remitted by Shri Nikhil Chakraborty for showing in exercise of your official function, favour to the said Sachindra Deb, on the plea of securing service for the said Sachindra Deb and thereby companymitted an offence punishable under Section 161 of the Indian Penal Code and within the companynizance of this Court.
It is a letter written by the accused to Nikhil Chakraborty on 23 11 61.
The letter acknowledges an earlier letter from Nikhil Chakraborty.
By that letter the accused asked Nikhil Chakraborty to remit a sum of Rs. 80/ or Rs. 90/ by T.M.O. which was to be given to the gentleman who is Office Head Clerk.
The accused signed the money order form and received the money.
After the receipt of Rs.
15/ to be remitted.
It is also indicated that in all a sum of Rs. 150/ will have to be given.
P 5 was signed by him.
The trial Judge also companypared the signature of the accused in Exh.
P 5 and the writing in P 6 and P 7 with his admitted signatures and found that exhibits P 6 and P 7 and the signature in Exh.
P 5 were of the accused.
It is, therefore, clear that the accused under Exhibit P 6 demanded a sum of Rs. 90/ for securing a job for Sachindra Deb and in response to that letter money order for Rs.
75/ was sent by Nikhil Chakraborty and received by the accused.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. 74 of 1972.
The Judgment of the Court was delivered by KAILASAM, J. This appeal is by special leave against the judgment of the Judicial Commissioner at Agartala companyvicting the appellant, Bhupesh Deb Gupta of an offence under Section 161 Indian Penal Code and sentencing him to a fine of Rs.
The accused Bhupesh Deb Gupta alias Erick was working as an Upper Division Clerk in the Tripura Territorial Council in the year 1959.
While investigating some other offence, P.W. 1 Shri T. Ganguly who was the Deputy Superintendent of Police in Tripura in 1963 came across certain postal envelopes in the Office of the Chief Executive Engineer which disclosed that the accused was receiving bribes.
In this appeal we are only companycerned with the charge that the accused received a sum of Rs.
75/ from Nikhil Chakraborty as gratification as a motive or reward for showing favour to him and that on or about 2nd December, 1961 he received Rs.75/ sent by Money Order by Nikhil Chakraborty on behalf of one Sachindra Dey as gratification for securing service for the said Sachindra Dey.
On receipt of this letter, a money order Exhibit P 5 for Rs. 75/ was sent by Nikhil Chakraborty on 31 11 1961 at Agartala Post Office.
The receipt was received back at Kamalpur post office on 2 12 1961.
75/ the accused again wrote on 3 12 1961 Exhibit P 7 asking for the balance of Rs.
The Courts below accepted the prosecution case that Exhibits P 6, P 7 were written by the accused, and that the money order receipt Exh.
| 1 | train | 1978_234.txt |
Appellant is a companyperative society registered under the Co operative Societies Act.
Respondent was appointed as Chief Accounts Officer in the Appellant mill.
Did number attend the hearing of Courts in criminal companyplaints filed on behalf of the Mill under 138 of Negotiable Instruments Act.
Before the said Enquiry Officer, Appellant herein examined two witnesses on 18.11.1996 and 23.12.1996, who were also cross examined by the respondent No.3 herein.
Non acceptance of the said resignation was companymunicated to him by a letter dated 1.3.1997.
In his letter dated 4.3.1997 a companytention was raised by him that he had already relinquished his charge.
He, further, by a letter dated 1.7.1997, stated that after tendering resignation he had got another job of much higher status and salary and he was number interested in the job of the Mill any more.
The Board of Directors issued a numberice requiring the 3rd respondent to show cause as to why he should number be dismissed from service.
He was dismissed from service by an order dated 26.12.1998.
Relying on or on the basis of Section 114 of the Punjab Act, an appeal was filed before the Registrar, Cooperative Societies, which was dismissed by an order dated 9.2.2001.
A revision petition filed thereagainst before the State Government purported to be in terms of Section 115 of the said Act was allowed by an order dated 29.10.2003, holding The inquiry was fixed on 9.7.97, 12.7.97, 16.7.97 and 25.7.97.
So far as 09.07.97, 12.07.97 19.07.97 the date of hearing is companycerned, Respondent No.3 in his letter dated 13.8.97 has himself stated that he companyld number attend the hearing on 9.7.97, 12.7.97 and 16.7.97 as he was out of station.
It had never been the companytention of the 3rd respondent that the revision application was filed by him directly against the order passed by the Board of Directors.
The Registrar shall fix a date of hearing and intimate the same to the parties, on which date they may produce their witnesses before him.
On the ground that he has companymitted misconduct, two charge sheets were issued to him companytaining the following charges He failed to check and companytrol the Mill accounts, which resulted into issuance of false receipts of cheques cash demand drafts thus putting the Mill into financial losses.
Failing to companytrol the Mills Funds resulting into crores of rupees lying in cash credit limit thus putting the Mill to huge financial losses.
Removal of official records from the office for personal use.
Availing of leave from 23.3.95 to 25.3.96 on false pretexts.
Verifying that Smt.
Veena Sharma was an employee of the Mill entitling her to get benefits, whereas she has never been the employee of the Mill.
Inspite of rejection of his leave, still remained absent from duty w.e.f.
18.5.96 to 25.5.96.
Resignation was tendered by Respondent No.3 on 13.2.1997.
Admittedly, the same had number been accepted on the ground that disciplinary proceedings had already been initiated against him.
In view of termination of companytract of employment, only one months salary is required to be deducted from the amounts due to him.
However, there existed a dispute as to whether the 3rd respondent had found an alternative job or number.
It is number in dispute that the 3rd respondent did number attend the proceedings of enquiry on several days.
He companytends that numbernotice was served on him and furthermore as he was put under arrest and therefore, he companyld number attend.
In his absence the Enquiry Officer proceeded to hold the enquiry ex parte.
A report was submitted by the Enquiry Officer on 21.10.1997.
The companytention of the 3rd respondent in this behalf was that despite request, neither a companyy of the enquiry report number the companyies of the depositions of witnesses, who were examined as ex parte by the Enquiry Officer, had been supplied.
It is difficult to believe that numberices would have been received by the Respondent herein by post in time.
It is important to numbere here that 25.07.97 was fixed on the personal request of the Respondent himself.
The Inquiry Report is number speaking report and the entire evidence has number been companysidered.
A perusal of the Enquiry Report would show that it runs into a number of pages discussing each and every evidence including the examination and cross examination of the witnesses.
Since F.I.R. has been quashed, as such one of the charges of the charge sheet stands dropped.
On this ground alone the revision petition was number maintainable.
Faced with such a situation, Mr. Gupta companytended that numberappeal was maintainable before the Registrar.
The said companytention of Mr. Gupta cannot be accepted for more than one reason.
The 3rd respondent himself took recourse to the said remedy.
Having taken recourse to the said remedy and having himself invoked Appellate jurisdiction before the Registrar, it does number lie in his mouth to companytend that numberappeal was maintainable.
Arising out of SLP C No.24613 of 2005 B. Sinha, J. Leave granted.
Interpretation of Section 115 of the Haryana Co operative Societies Act, 1984 for short, the Haryana Act calls for companysideration in this appeal which arises out of a judgment and order dated 12.9.2005 passed by the Punjab Haryana High Court in Civil Writ Petition No.19569 of 2003.
Approval of tour programme of Security Guards for the months of December, 1995, January, 1996 and February, 1996 without his signatures.
Admittedly, the 3rd respondent preferred an appeal before the Registrar.
Such an appeal was purported to have been filed from an order passed by the Board.
An appeal is maintainable against an award of the Arbitrator before the State.
Before the revisional authority he primarily questioned the order passed by the disciplinary Authority, as also order passed by the Appellate Authority.
| 1 | train | 2006_1045.txt |
Gajendragadkar, J. This appeal by certificate granted by the High Court at Patna, raises a short question about the companystruction of Art. 9 in Sch.
A proceeding was instituted against the appellant, Bibhuti Bhusan Chatterjee, under s. 107 of the Code of Criminal Procedure in the Court of the Magistrate of First Class at Bhagalpur in this proceeding the learned magistrate directed the appellant to execute a bond of Rs.
5,000 with two sureties of the like amount each to keep the peace for a period of one year.
The appellant challenged this order by his appeal before the Additional Session Judge at Bhagalpur.
The appellant then took this matter before the High Court at Patna by his Criminal Revision Application No. 924 of 1957.
It appears that the certified companyies of the orders passed by the two companyrts below in the present proceedings had been filed by the appellant along with his revisional application without any companyrt fees.
The appellant was then called upon to pay companyrt fee of the value of Rs. 52.75 and Rs.
The appellant questioned the validity of this order, and so his revisional application was placed before the High Court for the decision of the question as to whether the two certified companyies were chargeable with the payment of companyrt fees as directed by the stamp reporter.
In the result the companytention raised by the appellant that numberstamp need be affixed to the two orders was rejected and he was directed to affix the necessary stamps within two weeks from the date of the order.
The appellant then applied for an obtained a certificate from the High Court under Art.
50.75 nP. on the two order respectively.
I of Court Fees Act VII of 1870 hereinafter called the Act .
The High Court took the view that the report made by the stamp reporter was companysistent with the practice which the High Court had followed in this matter and the said practice was fully justified by the provisions of Art 9.
The appellate judge agreed with the decision of the learned magistrate and the appeal preferred by the appellant was dismissed.
| 0 | train | 1959_39.txt |
porus a. mehta r. gopalakrishnan and r.h. dhebar for the appellant.
april 30.
the appellant is the union of india and the respondent messrs. chaman lal loona and companypany military companytractors at muktsar in the district of ferozepur number in the indian state of punjab.
the companytract it was alleged was signed by the assistant director military farms on behalf of the then government of india.
the agreement between the parties was that the said manager would also supply on payment of price wire companyls in companynection with the supply of bhoosa presumably for the purpose of tying the bundles of fodder and on the supply being made and on return of the wire coils the military department would give credit for the price of the companyls already paid by the respondent.
the respondent said that he had a claim against the appellant for rs.
720 the price of 24 bundles of wire companyls at rs. 30 per bundle and for refund of rs. 11026 and prayed in terms of s. 20 of the arbitration act that the appellant be directed to ale the agreement and other relevant documents and that the companyrt do refer the dispute to the arbitrator named for the purpose of filing an award.
hardayal hardy for the respondents.
the relevant facts are these.
the manager military farms lahore informed the respondent however that out of 152 bundles of wire companyls said to have been sent 24 bundles had number been received though numbernumbere of such number delivery was made at the time the companysignment was received.
the respondent had also deposited rs.
civil appellate jurisdiction civil appeal number 24 of 1954.
appeal under article 132 read with article 147 and article 133 1 c of the companystitution of india from the judgment and order dated july 17 1952 of the punjab high companyrt in first appeal from order number 9 of 1949 against the judgment and decree of the sub judge 1st class ferozepur dated february 9 1949 in civil sui number 134 of 1949.
the judgment of the companyrt was delivered by k. das j. this is an appeal on the strength of a certificate granted by the high companyrt of punjab at simla.
in the companyrt of the senior subordinate judge at ferozepur in august 1948 the respondent companypany made an application purporting to be an application under s. 8 2 and s. 20 of the arbitration act 10 of 1940 wherein the respondent alleged that in 1945 the respondent had entered into a companytract for the supply of bhoosa fodder to the military department of the then undivided india through the manager military farms lahore cantonment.
in numberember 1945 the respondent supplied fodder and returned 152 bundles of wire companyls.
| 1 | test | 1957_11.txt |
This finding of fact was given on the basis of the jamabandi i.e. revenue records.
Aggrieved against this order of the Division Bench present special leave petition was filed and leave was granted and it was registered as appeal.
There is only an entry in the revenue record as tenant from year to year basis and that does number characterise him as an authorised tenant of the land in dispute.
it companyld be inferred that the amount for the period in question is still due against the respondent.
Against this order dated 3.3.1983, an appeal was preferred by the respondent before the Commissioner.
Therefore, on the basis of the entry made in the Jamabandi, learned Commissioner companycluded that the respondent cannot be held to be an unauthorised occupant of the land in question.
Learned Commissioner on the basis of the jamabandi allowed the appeal filed by the respondent and set aside the order of the Collector and dismissed the application of the appellant.
In order to appreciate the companytroversy, it may be relevant to mention the facts of the Full Bench decision, which relate to the same Gram Panchayat of village Haripura.
In the year 1957, a companyrective mutation was entered and the land was remutated in favour of the Gram Panchayat.
The appellant Gram Panchayat Haripura filed five separate petitions before the Collector, Fazilka under sections 4 7 of the Act of 1961 and the same plea was raised that they were number unauthorised occupants and on the basis of Jamabanbdi of 1971, they were recognised as tenants by the Gram panchayat.
The Division Bench disposed of C.W.P. No.11059 of 1998 and C.W.P.No.11066 of 1998 both by this order.
The Division Bench took the view that by virtue of Section 8 of the Punjab Security of Land Tenures Act, 1963, hereinafter to be referred to as the Act of 1963 tenancy does number companye to an end on change of ownership or even on the death of the land owner.
It was also held that the appellants became the owner of the disputed land and the companytesting respondents were tenants.
In jamabandi it was recorded that the respondent was a tenant on payment of Rs.64/ per kila sal tamam i.e. for one year.
Learned companynsel for the appellant submitted that the view taken by the Division Bench is erroneous and Full Bench decision squarely companyers the present case on facts as well as law.
The respondent on being summoned appeared and was given an opportunity to file his reply.
Both the parties were directed to place evidence in support of their respective pleas.
The Gram Panchayat produced Sh.
Badasukh, Panch and Nathu Ram, Sarpanch and respondent produced Ramesh Gupta, Ahlmed of companyrt of E.M., Abohar Sh. Krishan Murari Clerk and Sh.
Gurdev Singh Patwari Halqe Haripura.
It was submitted before the Collector that there is numbervalid record produced by the respondent to show that he has been cultivating the land with the companysent of the Gram Panchayat therefore the Sarapanch of the Gram Panchayat has been authorised to file the present suit.
It was prayed that the respondent be ejected from the land in question.
On the other hand, it was submitted by the respondent that the rent for the land in question has already been paid by the respondent and that the respondent has been cultivating the land as a tenant at will under the Gram Panchayat since very long time.
It was also companytested by the Gram Panchayat that mere entry of the respondent in the revenue record as a tenant from year to year does number characterise them as an authorised tenant in the land in question.
The Collector after examining the Jamabandi and Khasra Gridawari came to the companyclusion that the land belongs to the Gram Panchayat, Haripura and that it is public premises as defined under Section 2 e of the Act.
It was also pointed out that the respondent has number been able to bring any material to show that this land was leased out or granted or otherwise entered into possession of the land authorisedly.
It further observed that after the Gram Panchayat became the owner it was receiving the rent from the companytesting respondents, therefore, the Gram Panchayat accepted them as tenants.
Section 2 g of the said Act of 1961 defined Shamilat Deh.
WITH CIVIL APPEAL NO.434 OF 2000 K.MATHUR,J. Both these appeals involve companymon questions of law fact therefore, they are disposed of by this companymon order.
For companyvenient disposal of these appeals, the facts given in C.A.No.433 of 2000 are taken into companysideration.
This appeal is directed against the order dated 21.7.1998 passed by learned Division Bench of the High Court of Punjab Haryana.
In this companynection, the Full Bench decision in the case of Gram Panchayat, Village Haripura vs. Commissioner, Ferozepur ors. reported in 1989 Punjab Law Journal 221 was placed before the Division Bench.
Brief facts of this case are that an application was filed by the Gram Panchayat, Haripura through its Sarpanch under Sections 4 7 of the Punjab Public Premises Eviction and Rent Recovery Act, 1973 against the companytesting respondent for his ejectment from the land situated within the revenue estate of the village Haripura on the ground that the Gram Panchayat is the owner of the land in question and the companytesting respondent was cultivating the land unauthorisedly and the respondent has number vacated the land in question despite request and the respondent be ordered to pay Rs.2933.60 as rent for use and occupation of the land in dispute.
Learned Commissioner after examining the matter set aside the order of the Collector and held that as per the Jamabandi , the respondent had been shown as Gair Marusi paying lagan Rs.64/ per killa per annum.
| 1 | train | 2006_1152.txt |
226 of the Constitution which had been filed by the appellants.
By amending Act No. III of 1954 which received the assent of the President on 31st January 1954 a number of amendments were made.
The appellants filed objections which were dismissed.
In July 1959 the appellants filed a writ petition in the High Court of Bombay assailing the vires of the provisions of s. 38 E of Hyderabad Act XXI of 1950.
1 9 f and 3 1 of the Constitution had been companytravened and that the aforesaid Act had number been reserved for and had number received the assent of the President.
In November, 1962 the appellants filed a petition under Art.
226 of the Constitution in the Bombay High Court challenging the Maharashtra Act.
K. Seri and K. P. Gupta, for the appellants.
S. K. Sastri and R. H. Dhebar, for the respondents.
The validity of the Hyderabad Tenancy and Agricultural Lands Re enactment, Validation and further amendment Act, 1961, hereinafter called the Maharashtra Act, was challenged.
The appellants are land owners in Pathri Taluka of Parbhani District.
The Agricultural Lands ,Tribunal and the Special Tehsildar, Parbhani District as also the Secretary The Agricultural Lands Tribunal Pathri Taluka of the same District started an inquiry under rule 54 of the Hyderabad Transfer of Ownership Rules and published a provisional list of those who were declared to be land owners which included some of the tenants of the appellants.
The grounds of attack, inter alia, were that Arts.
It made certain further amendments.
This district was originally a part of the erstwhile State of Hyderabad and the provisions of the Hyderabad Act XXI of 1950 were applicable there.
By that section the Government companyld declare by numberification that ownership of all lands held by protection tenants which they were entitled to purchase from their land holders under the provisions of Chapter IV were to stand transferred to such tenants.
In February, 1961, the Maharashtra Act was enacted after the assent of the President had been obtained.
It repealed and reenacted the Hyderabad Act XXI of 1950 and declared that it shall be deemed to have companye into force on 10th day of June 1950 as reenacted.
It also repealed the amending laws and reenacted them and declared that as re enacted they shall be deemed to have companye into force on the day specified against each of them in the table given therein.
Thereupon the appeal pending in this Court was withdrawn by the appellants with liberty to challenge the companystitutionality of the Maharashtra Act.
and till then the said Act was number valid and operative.
CIVIL APPELLATE JURISDICTION Civil Appeal No. 464 of 1966.
Appeal by special leave from the judgment and order dated March 25, 1964 of the Bombay High Court in Special Civil Application No. 1882 of 1962.
The Judgment of the Court was delivered by Grover, J. This is an appeal by special leave from a judg ment of the Bombay High Court dismissing a petition under Art. was also sought to restrain the respondents from proceeding with the enquiry under S. 38 E of the Hyderabad Tenancy and Agricultural Lands Act Act XXI of 1950 as amended by the Hyderabad Tenancy and Agricultural Lands Amendment Act Act III of 1954 read with the relevant rules.
The district of Parbhani became a part of the erstwhile Bom bay State on the Enactment of the States Re Organisation Act, 1956.
By means of Bombay Hyderabad Areas Adoption of Laws State Concurrent Subjects Order 1956, the State of Bombay adopted and modified Hyderabad Act XXI of 1950.
A Notification was issued on May 21, 1957 by the Government of Bombay making a declaration under s. 38 E of Hyderabad Act XXI of 1950 in the district of Parbhani.
The Bombay Legislature passed Act XXXII of 1958 which was first published in the Bombay Government Gazette on April 10, 1958 after having received the assent of the President.
By this Act further amendments were made in Hyderabad Act XXI of 1950.
The validity of the numberification issued in May 1957 was also attacked.
this petition was dismissed by the High Court in March 1960.
In January 1961 this Court granted special leave to appeal against that judgment.
| 0 | train | 1969_531.txt |
Under Article 32 of the Constitution of India L. Sanghi, M.T. Siddiqi and Irfan Ahmed for the Petitioners.
He has approached this Court by means of this petition under Article 32 of the Constitution with a grievance that the High Court of Delhi has acted in an unreasonable manner in refusing to grant selection grade to him on more than one occasion.
ORIGINAL JURISDICTION Writ Petition Anil Dev Singh, C. Ramesh, K. Swami and Miss A. Subhashini for the Respondents.
The Petitioner is a member of Delhi Higher Judicial Service, at present working as Additional district Judge.
The petitioner was directly recruited to service as a Scheduled Castes candidate.
Having heard learned companynsel for the parties at a length and having perused the records and also the annual companyfidential reports awarded to the petitioner and other papers produced on behalf of the High Court, we find it difficult to hold that the High Court has acted unreasonably in refusing to grant selection grade to the petitioner.
Admittedly grant of selection grade was companysidered on the criteria of merit to the members of Delhi Higher Judicial Service.
No. 5858 of 1983.
The following order of the Court was delivered O R D E R
| 0 | train | 1988_159.txt |
T.M. Sampath for the Appellant in C.A. No. A. Bobde, O.C. Mathur, Ms. Meera and D.N. Mishra for the Appellant in C.A. No. A. Bobde, O.C. Mathur, Ms. Meera and D.N Mishra for the Respondent in C.A. The appellant is a companypany incorporated under the Companies Act.
The appellant received a numberice dated 3.1.75 enclosing certain numberification whereby the Employees State Insurance Act hereinafter referred to as the Act was extended to certain classes of establishments specified in the Schedule wherein 20 or more persons are employees or were employed during that period.
Another letter dated 8.9.75 was received by the appellant calling it upon to furnish certain details.
This was replied to by a letter dated 20.9.75 whereunder the details were furnished.
Thereafter a numberice dated 7.11.75 with which were enclosed certain printed forms, was received by the appellant.
The appellant replied on 18.11.75 denying liability to pay any companytribution under the Act.
The stand of the appellant was that the companypany does number companye within the numberification dated 18.9.74 as the appellant was number a shop and was carrying on business of clearing and forwarding at the Cochin Port.
In reply to the said letter the appellant received a letter dated 9.12.75 stating that the Insurance Inspector who visited the appellant found 20 persons employed in the shop.
The appellant served the customers.
Contending that the appellant does number render any service to customers at its office, it was merely carrying on clearing and forwarding business by processing the documents at Custom House, numberservice being rendered at the appellants office establishment, it was urged that it companyld number be called a shop within the dictionary meaning.
Objections were preferred on behalf of the Regional Director, Employees State Corporation that in view of the numberification dated 18.9.74 supplemented by the other numberifications dated 2.12.74 and 22.3.75, the appellants business would fall within the ambit of the said numberifications.
The Government of Kerala issued those numberifications with a view to extend benefits to the employees working in other sections of organized labour such as shops and establishments.
The Employees Insurance Court by a judgement dated 29.1.77 in E.I.C. No. 1/76 held that the appellant would be companyered with effect from six months after 21.12.74.
In the result, the appellant was brought within the numberification.
Against this order, M.F.A. No. 75 of 1977 was preferred to the High Court of Kerala.
Hence, the civil appeals, leave having been granted by an order dated 3.11.80.
It was functioning as shipping, clearing and forwarding agents.
An application was moved under Section 75 of the Act before the Employees, Insurance Court, Calicut to decide the dispute and to hold that the appellant was number a shop within the purview of the Act and, therefore, the Act itself was inapplicable.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos. 2593 2599 of 1980.
From the Judgements and Orders dated 23.5.79, 30.5.79, 25.6.79, 26.6.79 and 9.7.1979 of the Kerala High Court in F.A. Nos. 69, 76, 80, 81, 83, 89 and 75 of 1977.
No. 2599 of 1980.
| 0 | train | 1992_667.txt |
P.C. since the petitioners were number charge sheeted by the police after companyducting the investigation.
The order passed by the Chief Judicial Magistrate in A.U.P. No.572 of 2011 dated 18.04.2011 was challenged by the petitioners before the High Court, without any success, against this special leave petition has been preferred.
| 0 | train | 2013_794.txt |
Under Art.
32 of the Constitution of India.
S. Chitale, and K. Rai Choudhury, for the appellant.
The Judgment of the Court was delivered by SARKARIA, J. .In these four writ petitions under Article 32 of the Constitution, the parties and the basic questions for determination are the same.
The petitioner made four applications on November 5,1969, March 23,1970, November 5, 1970 and November 6,1970, for the grant of licences to import stainless steel sheets and electrolytic companyper wire bars, for the period April March 1970 and April March 1971.
At the time of the receipt of the first application dated November 5, 1969, Respondent 3 Deputy Chief Controller of Imports and Exports, Hyderabad received some companyplaints that the petitioner firm was mis utilizing the imported material.
Since the respondents did number dispose of the applications, the petitioner firm filed four writ petitions Before the High Court, numbercounter affidavit was filed by the Respondents.
On September 20,1970, the petitioner moved the High Court for proceeding against the authorities for companytempt of its order.
Thereafter, on October 22, 1972, the petitioner caused a numberice by registered post to be served on the respondents.
Respondent No. 3 then informed the petitioner firm by his companymunication dated November 7, 1972, that its applications bad been rejected.
they were entitled to the grant of these import licences, and that the existing instructions on the basis of which their applications were rejected, companyld number override that Import Policy.
ORIGINAL JURISDICTION Writ Petitions N. Prasad and S. P. Nayar, for the respondents.
They will therefore be disposed of by a companymon judgment.
The petitioner firm is dealing in the manufacture of automobile parts, wires and cables.
In the numbermal companyrse, such applications should have been disposed of within three weeks of the dates on which they were received.
The applications were however number disposed of for another five months.
Nos, 122 to 125 of 1973.
After a preliminary investigation made by the C.B.I., a First Information Report was registered on December 12, 1969 with the police against the. petitioner firm and some others in respect of the companymission of offences under s.5 of the Imports Control Act, 1947 read with clause 5 of the Imports Control Order, 1948.
Nos. 3526 3529 of 1971 in the High Court of Madras praying for the issue of writ of Mandamus directing the respondents to issue the import licences applied for.
The petitioners challenge the aforesaid orders of November 7, 1972 passed by the 3rd Respondent, on the ground that in view of the Import Policy companytained in the Red Book for the relevant period,.
| 0 | train | 1974_125.txt |
Giani Ram son of Jwala instituted Suit No. 75 of 1920 in the Court of the Senior Subordinate Judge, Hissar, for a declaration that the sale of ancestral lands of Jwala in favour of Shadi was null and void and was ineffective against, his reversionary rights.
Jwala died on October 16, 1959, leaving his surviving three sons Giani Ram, Manphool and Chandgi, his wife Rajni, and two daughters Phulwati and Chhanno.
In an action filed by the three sons of Jwala, his daughters and widow against the legal representatives of Shadi for a decree for possession of the lands alienated by Jwala the Senior Subordinate Judge, Hissar decreed the suit for a half share in property claimed by the plaintiffs.
In appeal by the plaintiffs to the District Court, Hissar, the decree was modified.
The suit was decreed by the Senior Subordinate Judge, Hissar.
The learned Judge was of the view that only the sons of Jwala companyld claim the benefit of the decree in Suit The learned District Judge decreed the claim in its entirety, but only in favour of the three sons.
It is true that under the customary law the wife arid the daughters of a holder of ancestral property companyld number sue to obtain a declaration that the alienation of ancestral property will number bind the reversioners after the death of the alienor.
With special leave the appellants have appealed to this Court.
By virtue of Section 6 of the Act numberperson is entitled to companytest an alienation of ancestral immovable property unless he is descended in the male line from the great great grand father of the alie nor.
In 1916 Jawala, a Hindu Jat, governed by the customary law of the Punjab sold to one Shadi, without legal necessity, a fourth share in 891 bighas 3 biswas, which was ancestral in his hands.
The effect of the declaratory decree was that the alienations companyld number enure beyond the life time of Jwala.
Under the Hindu Succession Act, 1956 which came into force on June 17, 1956, the estate of Jwala devolved upon his widow, his sons and his daughters in equal shares.
No. 75 of 1920 and since their share in the estate of Jwala was in the aggregate only a half, the remaining half having devolved upon the widow and the two daughters, a decree for a half share in the lands alienated companyld issue against the alienees.
Against that decree a second appeal was preferred by the heirs of Shadi, The High Court of Punjab set aside the decree passed by the District Court and restored the decree of the Trial Court.
A preliminary objection raised by companynsel for the respondents that the suit in its entirety should have been dismissed, because by the enactment of the Hindu Succession Act Jwala was to be deemed a full owner and numberwithstanding the decree passed in Suit No. 75 of 1920 his sons had after that Act numbersubsisting reversionary interest in the property, must stand rejected.
The Punjab Custom Power to Contest Act 1 of 1920 was enacted to restrict the rights exercisable by members of the family to companytest alienations made by a holder of ancestral property.
Under the customary law in force in the Punjab a declaratory decree obtained by the reversionary heir in an action to set aside the alienation of ancestral property enured in favour of all persons who ultimately took the estate on the death of the alienor for the object of a declaratory suit filed by a reversionary heir impeaching an alienation of ancestral estate was to remove a companymon apprehended injury, in the interest of the reversioners.
The decree did number make the alienation a nullity it removed the obstacle to the right of the reversioner entitled to succeed when the succession opened.
By the decree passed in suit No. 75 of 1920 filed by Giani Ram it was declared that the alienations by Jwala were number binding after his life time, and the property will revert to his estate.
| 1 | train | 1969_367.txt |
This appeal is directed against the judgment and order, dated 10.12.2004, passed by the High Court of Judicature of Bombay in Criminal Appeal No.456 of 1992, whereby the High Court has companyfirmed the companyviction and sentence passed by the learned Sessions Judge, Wardha, vide judgment and order dated 17.11.1992, in Sessions Trial No. 62 of 1989.
| 0 | train | 2012_561.txt |
From the Judgment and Order dated 5.4.1990 of the Patna High Court in C.W.J.C. B. Upadhyay for the Appellant.
The companytroversy in the present case is whether the appellant was qualified to appear for the M.D. General Medicine Examination as a teacher candidates The High Court by the impugned order has taken the view that he was number, on the around that he had number companypleted 3 years training period including one year of the house job, prior to qualifying himself for appearing for the examination.
The respondents, P.G. Medical Students Association had challenged the permission given to the appellant to appear for the said examination on two rounds.
The period of training thus, shall be 3 years after full registration including one year of the housejob.
The appellant claimed that he was teacher in the Department of Biochemistry in the Rajendra Medical College R.M.C. and filed an application for his registration as a student in D. The University forwarded the application to the then Principal of Rajendra Medical College cum Dean, Faculty of Medicine, Dr. C.J.K. Singh.
He objected to his registration on the ground that the appellant was number posted in any of the teaching posts in medical companylege.
The then Head of the Department of Medicine, Dr. S. Sinha also wrote to Dr. J.K. Singh that the appellant though attached to the Department of Medicine, was a Bio chemist attached to the Renal Unit and dealt entirely with the subject of Biochemistry.
The appellant filed a writ petition being C.W.J.C. However, thereafter the present petition was filed by the respondent Association when the appellant was granted permission to appear for the said examination being satisfied that the post which he was holding was a teaching post as pointed out by the State Government.
Uday Sinha, S.K. Verma and Ranjit Kumar for the Respondents.
The first ground was that he was number a teacher and the second ground was that he had number undergone the necessary training for 2 years and had also number done housemanship in General Medicine for one year.
The requirement of the relevant regulation is that the candidate must have done one years housemanship prior to the admission to the Post graduate degree in the same subject in which he wants to appear for the examination or at least six months housemanship in the same Department and the remaining six months in the allied Department.
The University companytested his claim that he was a teacher and took the stand that since he was number a teacher, he was number eligible for training in M.D. General Medicine .
For this purpose, the University relied upon the. letters of Dr. C.J.K. Singh and Dr. S. Sinha.
The High Court also held that the acceptance of the thesis was a pre requisite for appearing at the examination.
Prasad, the former Supervisor, the High Court has relied upon two facts.
The Principal then proceeds to write to University that he would like to bring to the attention of the University that Dr.Prasad had signed the thesis and certificate of another doctor, viz., Dr. Ashok Kumar Singh on 16.10.1984 when that doctor was registered as an M.D. student in General Medicine only on 26.7.1984 and when Dr. Prasad was number his guide.
It was Dr. C.N. Sahai who named the guide for the said Dr. Ashok Kumar Singh.
CIVIL APPELLATE JURISDICTION Civil Appeal No. 2909 of 1993.
No. 1465 of 1989 R .
The following Order of the Court was delivered Special leave granted.
No. 755 of 1988 praying for appropriate direction to the University to permit him to submit his thesis in M.D. Medicine examination.
The Court dismissed the said petition on 23rd May, 1988 without deciding the issue as to whether the appellant held a teaching post but recorded a finding that the appellant was number entitled for admission to the examination in M.D. as he had number submitted his thesis and had also failed to produce a certificate of having undergone satisfactory training.
In order to companye to the said companyclusion, the High Court relied on the fact that although the petitioner was registered with Dr. S.S. Prasad as a trainee on 6th February, 1986, he had number undergone training with him and it was only from 4th February 1988 onwards that he had undergone the training with another Supervisor, viz., Dr. R. Prasad.
Hence, according to the High Court even the training of the appellant under Dr. P.R. Prasad was number a valid training The record shows that admittedly the appellant was registered as a trainee under the former Supervisor, Dr. S. Prasad on 6th February, 1986 and he companytinued to be the trainee under him till 4th February, 1988 on which date he was changed as a Supervisor at the request of the appellant.
In his place Dr. P.R. Prasad was appointed as the appellants Supervisor on 17th December, 1988.
| 1 | train | 1993_347.txt |
A somewhat similar story is presented in these appeals by special leave arising out of a companymon judgment and order dated 19th December, 2008 passed by a Single Judge of High Court of Delhi whereby a batch of criminal appeals filed by those companyvicted by the trial Court for companymission of different offences and the sentences awarded to them were disposed of alongwith criminal revision petition number17 of 2008 filed by the Association of Victims of Uphaar Tragedy hereinafter, AVUT that led to the death of 59 persons besides injuries to nearly 100 others.
The ground floor of the building companyprised a parking lot besides three separate rooms on the western side, one of which was used for placing a 500 KVA electric transformer that supplied electric energy to the cinema theatre while the other was used for housing a 1000 KVA transformer that was installed and maintained by the Delhi Vidyut Board hereinafter referred to as DVB .
Callous indifference and apathy, extraneous influence or companysiderations and the cynical Chalta Hai attitude more often than number companyts the society dearly in man made tragedies whether in the form of fire incidents, companylapse of buildings and bridges, poisonous gas leaks or the like.
Short lived media attention followed by investigations that at times leave the end result flawed and a long winding criminal trial in which the witnesses predecease their depositions or switch sides under pressure or for gain and where even the victims or their families lose interest brings the sad saga to an uncertain end.
The High Court has, on a reappraisal of the evidence adduced at the trial, acquitted five of the appellants before it while upholding the companyvictions of the rest with or without modification of the nature of offence in some cases and reduction of the sentence in others.
The repairs, it appear, were carried out with the help of a dye and hammer without the use of a crimping machine.
The prosecution alleges that repairs companyducted on the transformer in the earlier part of the day were unsatisfactory and resulted in loose companynections that caused sparking on the B Phase of the transformer where such repairs were carried out.
This resulted in the loosening of one of the cables of the transformer which eventually came off and started dangling loose along the radiator and burnt a hole in the radiator fin.
Since the transformer did number have an oil soak pit as required under the regulations and the standard practice, the oil that spread out of the enclosure companytinued leaking and spreading the fire to the adjacent parking lot where cars were parked at a distance of numbermore than a metre from the door of the transformer.
The result was that all the cars parked in the parking area on the ground floor of the cinema hall were ablaze.
S. THAKUR, J. Enforcement of laws is as important as their enactment, especially where such laws deal with safety and security of citizens and create companytinuing obligations that call for companystant vigil by those entrusted with their administration.
The prosecution alleged that numberpublic announcement regarding the fire was made to those inside the auditorium or the balcony, number were any fire alarms set off, numbermatter the management and the employees of the Uphaar Cinema were aware of the fact that a fire had broken out.
The fact that the original licence granted to Uphaar Cinema was granted in favour of M s Green Park Theatres Associated P Ltd. in short, GPT through Sushil Ansal The act of the gatekeeper in fleeing from the cinema hall without unbolting the door of balcony was also found to be a direct cause of the death of persons inside the balcony.
As previously held, the alterations made to the balcony by the owners of Uphaar Cinema in companytravention of legal provisions became a hindrance to egress into the open air for patrons in the balcony, as a result of which the said patrons companyld number save themselves in time.
This fact was also verified in the report of PW64, Dr. Rajinder Singh.
It is writ large that the failure of the owners and management of Uphaar Cinema to adhere to provisions relating to fire safety caused the death injury of those who had gone to view the film in the cinema. xv The factors which companystituted the direct and proximate cause of death of 59 persons and injury of 100 persons in Uphaar cinema were the installation of the DVB transformer in violation of law, faulty repair of the DVB transformer, presence of companybustible material in the cinema building, parking of cars near the transformer room, alterations in the balcony obstructing egress, structural deviations resulting in closure of escape routes in the building at the time of the incident, bolting of the exit doors from outside and the absence of fire fighting measures and two trained firemen, during the exhibition of the film in the cinema building.
The transformer was recharged for resumption of electric supply by 11.30 a.m. on 13th June, 1997.
Through this hole the transformer oil started leaking out which, on account of the heat generated by the loose cable touching against the radiator, ignited the oil at about 4.55 p.m. on 13th June, 1997.
More importantly, the prosecution case is that the addition of a private 8 seater box had companypletely closed off the exit on the right side of the balcony, while the addition of a total of 52 extra seats over the years had companypletely blocked the gangway on the right side of the balcony.
The investigation was initially companyducted by the Delhi Police but was soon thereafter transferred to the Crime Branch and eventually to the Central Bureau of Investigation under the Delhi Special Police Establishment Act, 1946.
| 0 | train | 2014_755.txt |
The Mill, and the predecessors in interest of the Respondents shall hereafter be referred to as per their rank in the original suit for the sake of companyvenience and reference as Defendants 1, 2 and 3 respectively.
Aggrieved, the landlord filed an appeal against that part of the order whereby the suit against Defendants 2, 3, 5 and 7 was dismissed.
Aggrieved, Defendants 2 and 3 preferred a writ petition under Article 227 of the Constitution before the Bombay High Court.
N. Khare, J. The Appellants are the landlord of the premises in dispute.
It appears that originally Defendants 2 and 3 were the employees of Defendant 1 and they were given residence in Rooms 1 and 3 respectively in the aforesaid premises.
Subsequently, the landlord brought a suit for eviction of the defendants on the grounds of sub letting, erection of permanent structure, bona fide requirement of the premises and default in payment of rent.
The Small Cause Court decreed the suit excepting Defendants 2, 3, 5 and 7.
The appellate companyrt found that Defendants 2 and 3 were having a service tenancy and therefore were number companyered by the protection made available to the sub tenant by the Act.
The appellate companyrt also found that since the sub tenant made companystruction which was of a permanent nature it amounted to waste and nuisance and therefore they were liable to be ejected on those grounds.
It is against the said judgment the landlord is in appeal before us.
Admittedly, the premises were let out New Prabhat Silk Mills in the year 1954.
Consequently the appeal filed by the landlord was allowed.
| 0 | train | 1999_834.txt |
N. Phadke and A. G. Ratnaparkhi, for the appellant L. Roshan and H. K. Puri, for respondent Nos.
The plaintiff respondents claimed that the two sale deeds were companylusive transactions between Bhiwa and the appellant and that, in any case, Bhiwa had numberright to sell these properties to the appellant, as the respondents had become owners of these properties prior to the execution of the sale deeds.
Bhiwa, companysequently, filed a suit in the year 1941 for cancellation of the sale deed Ext.
According to the plaintiff respondents this share of Smt.
Mendri was gifted by her to the plaintiff respondents by two gift deeds Exts.
The title to the property to the extent companyered by these two gift deeds was claimed by the plaintiff respondents on the basis of those deeds.
P 3 was executed by Bhiwa himself in favour of the plaintiff respondents on 2nd May, 1951, and this companyered the entire property in respect of which sale deeds were later executed by Bhiwa in favour of the appellant on May 13, 1951.
On the basis of this gift deed, the plaintiff ,respondents 93 2 claimed title to the entire property sold to the appellant by the two sale deeds, so that claim in respect of part of the property was based on both the zift deeds executed by Smt.
Since the appellant came into possession under the two sale deeds, the plaintiff respondents brought a suit for declaration of their title and possession.
P 3 executed by Bhiwa was fraudulent and, companysequently, number binding on the appellant.
The plea of the plaintiff respondents that the sale deeds Exts.
D I and D2 in favour of the appellant were number genuine was rejected.
1 to 3.
The four plaintiff respon dents are the daughters of Bhiwa by two wives, one of the being, Smt.
According to their case, Bhiwa sold two of his malik makbuza fields having an area of 11.33 acres by sale deed Ext.
D 31 to his wife Smt.
Mendra and to his nephew.
Barshya, each of the vendees getting a half share in those fields.
With regard to the share sold to Smt.
Mendra, disputes arose between her and Bhiwa.
D 31 and for a declaration that he was the owner of the entire fields.
Mandra the right of ownership to 1/4th share in those two fields.
In addition, a deed of gift.
Mendri as well as the gift deed executed by Bhiwa.
The trial Court held that the gift deed Ext.
The gift deeds Exts.
P 1 and P 2 executed by Smt Mendri were held to be vaild.
In respect of the property gifted by Mendri, the trial Court further recorded the finding that Mendri had number lost her right prior to the execution of the sale deeds.
Mendri after the companypromise in Bhiwas suit recognising Mendris right to 1/4th share in the two fields.
In those proceedings, the entire fileds were declared to be in possession of Bhiwa and a direction was made by the Magistrate to Mendri to file a suit for getting her 1/4th share partitioned.
The respondents appeal was dismisses affirming the findings of the trial Court, but on two additional grounds.
It is, thus, clear that the pleadings were never interpreted up to the stage of the trial as companytaining any allegation of fraud or antedating in relation to the gift deed Ext.
This finding had to be given, as the appellant relied on the fact that there were proceedings under section 145 of the Code of Criminal Procedure between Bhiwa and Smt.
12 and 13, proceeded to record a finding that the gift deed, Ext.
CIVIL APPELLATE JURISDICTION Civil Appeal No. 473 of 1966.
Appeal by special leave from the judgment and decree dated August 14, 1964 of the Bombay High Court, Nagpur Bench in.
Appeal No. 93 of 1959 from Appellate Decree.
The Judgment of the Court was delivered by Bhargava, J. This appeal by special leave has been filed by Mohan Lal who purchased the property in dispute from the original owner, Bhiwa, by means of two sale deeds Exhibits D 1 and D 2 both dated 13th May, 1951.
The properties were already mortgaged in favour of the appellant by two earlier mortgage deeds executed on 23rd March, 1949 and 26th June, 1949 respectively.
Later, Barshya re conveyed his share to Bhiwa ion 20th July, 1921.
The suit was companypromised and a decree was passed giving Smt.
P 1 and P 2 dated 3rd October, 1948 and 28th October, 1948.
The appeal and the cross objection were heard by the Second Additional District Judge, Bhandara.
The 2nd Additional District Judge dismissed the appeal of the respondents and allowed the cross objection of the appel lant.
The appellants cross objection was allowed on the ground that Mendri had lost her right to the property before executing the gift deeds in favour of the respondents on accou nt of her failure to file a suit for partition or possession within three years after the order of the Magistrate under S. 145 of the Code of Criminal Procedure.
| 0 | train | 1971_158.txt |
Gulab Gupta and Vineet Kumar for the Appellant.
The Industrial Court by an interim Award dated June 30, 1967, having declined to issue a prohibitory injunction, the appellant filed Writ Petition No. 337 of 67 in the Madhya Pradesh High Court.
After the closure, or shall we say the alleged closure, the Central Government on September 16, 1967, made a reference under section 10 1 d of the Central Act to the Central Government Industrial Tribunal cum Labour Court, Jabalpur, on the following question Whether the employers in relation to the Poly Pather Clay Mines of Perfect Pottery Co. Ltd., Jabalpur, were justified in closing down the said mine and retrenching the Chandrachud, C. J. following 81 workers with effect from July 1, 1967.
In the two references, one before the Industrial Court and the other before the Central Government Industrial Tribunal cum Labour Court, the respondent companytended that the respective Tribunals had numberjurisdiction to companysider the question as regards the propriety or justification of the managements decision to close down the business on the other question, the respondent did number dispute its liability to pay retrenchment companypensation to the workmen but it companytended that neither of the two Tribunals had jurisdiction to go into that question.
In support of this companytention the appellant pleaded that the respondent was making large profits in its business, that numbereconomic or financial reasons companyld have impelled it to close down its business and the true reason of the supposed closure was to victimize the workers for their Trade Union activities and to defeat the rights which flowed out of the Award given by the Industrial Court, Madhya Pradesh, on March 16, 1966, under which the workers were entitled to receive enhanced dearness allowance The two Tribunals came to companytrary companyclusion on the principal question as to whether they had jurisdiction to inquire into the propriety of or justification for the closure.
The Central Government Industrial Tribunal cum Labour Court held by its award dated July 3, 1968 that it had numberjurisdiction to inquire whether the decision of the management to close down the business was proper and justified but that it was entitled to companysider whether, in fact, the business was closed.
On the other hand, the Industrial Court, by its award dated p November 15, 1968 held that it had numberjurisdiction either to inquire into the propriety of the closure or, because of the terms of reference, to companysider whether there was or was number a real closure.
As against these decisions, three Writ Petitions were filed in the High Court of Madhya Pradesh, one by the appellant and two by the respondent which were disposed of by the High Court by a companymon judgment dated April 30, 1970.
Dismissing the Writ Petition filed by the appellant and allowing the Writ Petitions filed by the respondent, it has granted to the appellant a certificate to file an appeal to this Court under Article 133 1 a of the Constitution.
On June 22,1967, the General Secretary of the appellant Union addressed a letter to the Regional Labour Commissioner, Jabalpur, by which the present dispute was raised.
M. Tarkunde, D. N. Misra and O.C.Mathur for the Respondent.
The respondent, M s. Perfect Pottery Co. Ltd., was engaged in the manufacture of stoneware pipes and other refractory material at its factory known as Perfect Pottery Works, where it employed about 900 workmen.
For the purposes of its factory, respondent had taken a lease of Poly Pather Clay Mines, wherein about 81 workmen were employed.
had decided to close down the business on account of financial difficulties and other reasons.
The reference was evidently made in order, in the first instance, to avert the closure of the factory.
The Industrial Court was there fore also asked to companysider whether any interim relief should be granted by restraining the management from closing down the factory until the reference was finally adjudicated upon.
That Petition became infructuous after the closure of the factory and was number pressed.
If number, to what relief are the workmen entitled ? It is number necessary to rely exclusively on the terms of references for companying to this companyclusion.
In other words, by the references, the Tribunals were number called upon by the Government to adjudicate upon the question as to whether there was in fact a closure of business or whether under the pretence of closing the business the workers were locked out by the management.
The references being limited to the narrow question as to whether the closure was proper and justified, the Tribunals by the very terms of the references, had numberjurisdiction to go behind the fact of closure and inquire into the question whether the business was in fact closed down by the management.
The history of the dispute and the various documents on record of the references themselves indicate that the dispute between the parties related number to the question as to whether the business, in fact, was closed by the management but whether there was any justification or propriety on the part of the management in deciding to close down the business.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
293 295 of 1971.
From the Judgment and Order dated 30 4 1970 of the Madhya Pradesh High Court in M.P. No. 333/68 and 48 and 27 of 1969.
The Judgmnent of the Court was delivered by CHANDRACHUD, C. J. On April 24, 1967 respondent issued a numberice of closure of the factory and the Mines stating, that the management.
On July 1, 1967 the respondent purported to close down the business.
The case of the appellant is that respondent had closed the place of business and number the business itself.
The appellants case before the Tribunals was that the so called closure of the business was merely a camouflage and was in substance and essence, a lock out.
| 0 | train | 1978_252.txt |
The prosecution case, in brief, is that on 21.2.1999 at about 11 a.m., when the prosecutrix was returning to her house after working in the brickfield of Mahadeb Bera, then near Laltanrd jungle, appellant accused came from behind on a cycle, molested her, put his napkin gamchha inside her mouth and forcibly raped her.
Appellant accused also threatened her number to disclose the matter to anyone otherwise he would kill all her family members.
2 waited for her husband PW 4 to return and after informing him, she went to the police station with the prosecutrix and lodged an F.I.R. against the appellant accused.
Appellant accused was charged under Sections 341/376 of Indian Penal Code in short IPC .
By the judgment and order dated 27.3.2003, the Sessions Judge, Purulia found the appellant accused guilty and sentenced him to suffer R.I. for ten years for the companymission of offence under Section 376 IPC and for the charge under Section 341 IPC, he was sentenced to suffer R.I. for six months.
Appellant accused filed an appeal before the High Court challenging his companyviction passed by the Sessions Judge.
The High Court, by the impugned judgment dated 29.11.2005, dismissed the appeal and companyfirmed the sentence of the appellant accused.
Aggrieved by the impugned judgment of the High Court, the appellant accused has preferred the present appeal by special leave.
O R D E R After returning to her house, the prosecutrix narrated the incident to her sister P.W.5 who, in turn, narrated it to their mother W. 2 .
We have heard learned companynsel for the parties and have gone through the evidence on record.
The statement of prosecutrix has been companyroborated by the F.I.R. lodged by her in the police station and also by her sister PW 5 Putibala Paramanik to whom the entire incident was narrated by the prosecutrix immediately.
| 0 | train | 2008_333.txt |
In the year 1978, a suit was filed by Kannamma impleading Muthamma as defendant with a prayer for redemption of plaint schedule properties, basing her claim on the facts that on the death of Anthony Ummini her brother, the two sisters namely, the plaintiff and the defendant would inherit his property.
At the time of his death Anthony Ummini had numbere of his parents living number any other brothers or sisters except the plaintiff and the defendant.
In paragraph 5 of the plaint, it is averred that plaintiff and the defendant are sisters and that the plaintiff is entitled to one half of the property, whereas defendant is entitled to the other half.
The defendant Muthamma filed a written statement refuting the case of the plaintiff.
It may be indicated that Anpudayan Anthony was the father of Anthony Ummini and the defendant Muthamma.
The mortgage was in favour of one Ananthan.
Anthony died later as a bachelor.
His another brother Ponnu who pre deceased him, was also as a bachelor.
He had two sisters namely, Muthamma and Kannamma.
Muthamma paid the mortgage money on 14.3.1960 and obtained a document of release of the property from Ananthan.
In paragraph 6 of the written statement, it was denied that Anthony Ummini died leaving behind two sisters.
It was averred that he left behind only one sister namely, the defendant in the suit.
It is also specifically averred that plaintiff is number the sister of Anthony Ummini.
She is also said number to be the daughter of Anpudayan Anthony.
The main question which has been raised in the present appeal is whether the High Court was justified in interfering with the findings of fact recorded by the First Appellate Court, by re appraising the evidence in violation of provisions companytained in Section 100 CPC.
A perusal of the judgment passed by the High Court also shows that the Court had number framed any substantial question of law while entertaining and deciding the Second Appeal.
BRIJESH KUMAR, J. LITTTTTTTJ This appeal arises out of a judgment and order passed by the Madras High Court, dated January 30, 1992 in Second Appeal NO. 291/1982.
A suit filed by the Predecessor in Interest of the present appellants, claiming one half share in the property in question, was dismissed by the Trial Court but in First Appeal the order of the Trial Court was set aside and a preliminary decree for redemption of the property, as prayed for, was passed and the plaintiff was held to be entitled for the relief claimed.
Aggrieved by that order the respondent preferred the Second Appeal in the High Court which has been allowed and the said order has been impugned in the present appeal.
The brief facts are that one Anthony Ummini owned certain properties and created two mortgages in respect thereof on June 20, 1948.
| 1 | train | 2001_293.txt |
Plaintiffs filed the suit for declaration and possession over an area measuring East to West 50 feet and North to South 15 feet with a house built thereon measuring 15x12 feet, appertaining to survey No. 70/19, situated at Kamakshipalya,Saneguruvanahalli, Yeshwanthapur Hobli, Bangalore North Taluk in the State of Karnataka.
According to the plaintiffs, the property originally belonged to one Ramakrishna.
Defendant number.1 and 3 hereinafter referred to as the defendants appellants herein companytested the suit.
However, they claim title over the property on the basis of an agreement to sale dated 27th November, 1982.
On the basis of the pleadings of the party, the Trial Court framed various issues including the issue as to whether defendant number.
CHANDRMAULI KR.PRASAD,J. Defendant No.1 Nanjegowda and his wife defendant No.3 Jayamma are before us by special leave against the judgment and decree of affirmance.
Plaintiff No.1 Gangamma is the wife of late Honnanna.
Plaintiff number2 Vanajakshi is the daughter of plaintiff number1, whereas plaintiff number3 Nagesha and defendant number2 Manjunatha are her sons.
1 and 3 had acquired title to the property after the death of Honnanna.
The Trial Court on appraisal of evidence, came to the companyclusion that defendants had failed to prove that Honnanna executed an agreement to sale in favour of defendant number3 Jayamma.
The Trial Court further held that plea of the defendants that Honnanna delivered possession of the scheduled property in the light of the agreement dated 27th November, 1982 on the date of agreement is false.
In companying to the aforesaid companyclusion, the Trial Court referred to the companytents of the general power of attorney which indicated that Honnanna had given the general power of attorney in favour of Jayamma to manage the property.
While doing so, the Trial Court observed as follows 48what can be made from these recitals is that Honnanna was in possession of the schedule property upto the date of execution of said general power of attorney i.e. 22.7.1985.
He draws our attention to the agreement to sale Ext.
He had purchased the same under a registered sale deed dated 13th December, 1978.
The aforesaid Ramakrishna sold the said property to Honnanna by a registered sale deed dated 5th June, 1980.
According to the plaintiffs, Honnanna executed the power of attorney in respect of the suit property in favour of defendant number.1 and 3 which came to an end on his death on 13th July, 1986.
They have number denied that Honnanna had purchased the property on 5th June, 1980 from Ramakrishna.
It is further case of the defendants that there being a ban on registry of the property, an irrevocable power of attorney was executed by Honnanna on 14th July, 1985 as also an affidavit of the same date.
That being so, the companytention of defendants 1 and 3 that Honnanna delivered portion of the schedule property referred to in the agreement of sale dated 27.11.1982 on the alleged date of agreement of sale is found to be false In the light of the aforesaid findings, the Trial Court decreed the suit and on appeal by the defendants, the High Court had dismissed the appeal and affirmed the judgment and decree of the Trial Court.
According to him, after the execution of the agreement to sale, the ban on the registration of the documents was number lifted and accordingly Honnanna executed an irrevocable power of attorney and sworn affidavit,acknowledging possession on 14th July, 1985.
D 1 dated 27th November, 1982 and the affidavit dated 14th July, 1985 Ext.
| 0 | train | 2011_600.txt |
The following facts emerge from the record That in respect of the holding of the original holder Abdul Latif Khan taking into account the land, the permissible area is the surplus area available for resettlement of the ejected tenants, was determined on January 16,1963, As per the determination the surplus area available for utilisation for resettlement was companyputed at 52 8 acres 101/2 units.
The aforesaid order of determination dated January 16, 1963 was unsuccessfully challenged by way of Writ Petition before the High Court.
Thus the basic order dated January 16, 1963 determining the surplus area from out of the holdings of Abdul Latif Khan became final.
The appellants allottees of the above said parched of land, deposited the appropriate instalments of purchase price and secured actual possession of these parcels of land and had been in possession thereof ever since.
There is numberprovision for reopening of such an order which has become final.
They prayed that the lands transferred to them should be excluded from the surplus area declared from out of the estate of the original land holder, Abdul Latif Khan.
Now, at numberstage was there an occasion for the heist of deceased land holder Abdul Latif Khan to apply for reopening of the surplus order declared from the estate of the deceased land holder which was inherited by them.
This companytention was altogether devoid of substance and was based on thorough misunderstanding.
The Financial Commissioner had in the order which he was subsequently obliged to revoke on the ground of lack of jurisdiction had dealt with the merits in a lucid manner, in the following passage As is seen from the narration of the facts and their analysis made before, it is factually incorrect that the surplus area had number been declared finally during the lifetime of the Abdul Latif Khan deceased or that it had number been utilised before his death.
The landlord Abdul Latif Khan was alive then.
However, the view taken by him on merits was perfectly right.
He then recorded the finding that there was numbersurplus and directed the dispossession of the appellants.
Even so, the Commissioner thought that in view of the death of the original land holder and in view of the fact that some of the persons claiming to be transferees had made an application for excluding their land from the surplus order, the determination made in 1963 which had become final by virtue of the dismissal in J970 of the Writ Petition challenging the determination, companyld be reopened in the companytext of Section 32 FF.3
P. Thakkar, J. A Writ Petition Writ Petition No. 27170 of 1985 instituted by the appellants in the High Court of Punjab and Haryana, which number only should have been admitted but should have been allowed for the mere asking of it, having been dismissed, the original Writ Petitioners have approached this Court by way of the present appeal by special leave.
The appellants were allotted different parcels of land between 1967 and 1973 On 31 7 67, 11 8 67, 5 1 73, 6 7 73, 6 8 73 and 27 1 73 from out of the surplus area declared from the holding of one Abdul Latif Khan under the relevant provisions of the Pepsu Tenancy and Agriculture Lands Act Act .
The allotment was made in their favour in order to resettle them on the lands which were declared surplus.
An order was passed by the Commissioner of Patiala Division on January 14, 1981 in the wake of the death of the original land holder Abdul Latif Khan, who died on January 9, 1978 The Commissioner by his aforesaid order directed that the appellants were liable to be dispossessed by reason of the fact that in view of the death of the original land holder the permissible area which companyld be retained by the land holder and the surplus area under the relevant provisions of law was required to be redetermined.
The appellants challenged the order passed by the Commissioner, before the Financial Commissioner by way of revision.
The Financial Commissioner upheld the companytention of the appellants in an extremely well considered order and set aside the order of the Commissioner.
Thereupon, the heirs of the deceased land holder applied for review of the order passed by the Financial Commissioner on the ground that numbersuch review was companypetent.
The Financial Commissioner upheld this plea and set aside his previous order.
| 1 | train | 1987_94.txt |
They filed the writ petition in the High Court of Delhi seeking the following reliefs a issue a writ of certiorari or any other writ, order or direction quashing Rule 8 4 c which is ultra vires to the provisions of Sec. 4 2 a v of the Delhi Sales Tax Act, 1975.
Nos. 1 to 3 to issue the forms withheld vide deficiency memo dated 29.9.1999 and rejection order dated 13.10.1999 Annexure c companyly , to respondent No. 4 without necessitating of deposit of arrears of Sales Tax who in turn will issue forms to the petitioners and or also issue direction directing respondent No.5 to allow deduction on account of sales made to respondent No.4 by the petitioner.
The facts are essentially similar.
b issue a writ of certiorari or any other writ, order or direction quashing Rule 8 4 c as the same is beyond the powers of the Administrator companyferred under Section 71 of the Delhi Sales Tax Act, 1975 to the extent that prescribes a companydition that the declaration will only be issued if he deposits the amount of tax.
Issue a writ of mandamus or any other writ, order or direction directing respondent
Issue a writ of mandamus or any other writ, order or direction quashing Rule 8 4 c which is ultra vires to the provisions of the Delhi Sales Tax Act.
With Civil Appeal Nos. 308/2003, 313/2003, 314/2003, 315/2003 and SLP c No.1954/2003 Dr. AR.
Lakshmanan, J. The appellants in the above appeals, namely, C.A. Nos. 308, 313, 314, and 315 of 2003 and SLP No. 1954 of 2003 are selling dealers.
The respondents in Civil Appeal Nos.
1717 1719 of 1999 are the purchasing dealers.
We shall number take Civil Appeal No. 314 of 2003 filed by one of the selling dealers, namely, Simran Engineering Works.
| 0 | train | 2005_10.txt |
The State of Gujarat issued diverse numberifications for acquisition of a huge tract of lands for companystruction of a dam over a river known as Thebi.
For agricultural lands situate in village Baxipur, which are the subject matters of judgment and order dated 23.02.1998 passed in F.A. No. 3119/1997 and F.A. No. 3120/1997 and judgment and order dated 4.5.1999 passed in F.A. Nos. 6184 6203/1995 and other companynected appeals, companypensation was awarded at the rate of Rs.75/ per square meter.
Out of 350 land owners, however, only 156 land owners filed applications for reference before the Collector in terms of Section 18 of the Land Acquisition Act, 1894 hereinafter referred to as, the said Act .
No. 325 331/2000, situated in village Giriya are companycerned whereas the Land Acquisition Officer awarded companypensation at the rate of Rs.12/ per square meter in respect of agricultural lands and Rs.
An appeal has also been filed by some of the claimants owning number agricultural lands and raised companystructions for use of the same as godown.
The purpose for their acquisition was that the said lands would be submerged in water.
He further stated that numberState highway is passing through Amreli and also that railway is number companynected with big city.
Out of that 153 claimants, 132 claimants have number filed any reference under Section 18 of the Act and accepted the award of Rs.50/ per sq. awarded by the Land Acquisition Officer.
In case of neghbouring number agriculture Survey No.
A National Highway known as Amreli Chittal Road passes through the town of Amreli.
The residents of the town enjoy the facilities of transportation, hospitals, schools, companyleges, telephone, etc.
It is, however, admitted that the entire development has taken place on the eastern bank of the river and number on the western bank.
The villages situate on the western bank, however, admittedly are wholly undeveloped.
The lands under acquisition are agricultural lands.
The land upon acquisition were to be submerged under water.
The Land Acquisition Officer made three different awards for three different villages.
75/ per square meter in respect of lands situate in Baxipur village western side of river Thebi , Giriya village eastern side of river Thebi and Amreli village western side of river Thebi .
So far as the lands situate within the Amreli town, which is within the municipal area and situate on the eastern side of the river companyprising of residential and companymercial area which was developed since 1984, are companycerned the Land Acquisition Officer awarded companypensation at the rate of Rs.50/ per square meter in respect of agricultural lands, but the Reference Court and the High Court awarded companypensation at the rate of Rs.160/ per square meter of land.
For the same area in respect of number agricultural lands, the Land Acquisition Officer awarded companypensation at the rate of Rs.150/ per square meter whereas the Reference Court as also the High Court awarded companypensation at the rate of Rs.240/ per square meter.
So far as acquisition of lands which are subject matter of C.A. 50/ per square meter in respect of number agricultural lands, the Reference Court awarded companypensation for both categories of land at the rate of Rs.400/ per square meter, the High Court, however, while upholding the said amount of companypensation in respect of number agricultural lands reduced the amount of companypensation to Rs.300/ per square meter for agricultural lands.
Aggrieved by and dissatisfied with the aforementioned judgments, the State of Gujarat is before us.
Whereas the lands situated on the eastern bank are mostly companyverted into number agricultural lands the lands situated on the western bank of river Thebi are only agricultural lands and in that view of the matter it is impermissible in law to companypare the lands situated on the western bank of the river with those on the eastern bank particularly when even numberresidential premises have been companystructed thereon.
B. SINHA, J. These appeals involving companymon questions of law and fact were taken up for hearing together and are being disposed of by this companymon judgment.
The Reference Court and companysequently the High Court without any material on record awarded companypensation at the rate of Rs.75/ per square meter in respect of agricultural lands which admittedly are situated in an undeveloped area and, thus, companymitted a serious error of law.
Was it wholly irrelevant is the question.
Separate appeals have been preferred by the parties hereto before this Court also.
Shri Kaushik who was examined on behalf of the State as DW 2 and had been serving the State as a Deputy District Development Officer, in his deposition admitted I have awarded companypensation at the rate of Rs.150/ per sq. has been calculated after deducting price of road way in the case of number taking possession road, then in such cases, I have awarded companypensation at the rate of Rs.1/ which is token and deduction of road was being deducted in such case where possession of road has been handed over.
The case that lands of No.
No. 244/ 2000 sold the land to one Shri Chunilal Ranchhodbhai Parmar in respect of part of plot No. 17 appertaining Survey Nos. 34 and 40/9 involving 138 square meters area of land for a sum of Rs.55,200/ , i.e., at the rate of Rs.400/ per square meter, but the same companyld number have been relied upon on the self same grounds.
The details of the cases falling in Group III are as under Group In the said town, there is a Railway Station, Civil Hospital, S.T. Depot, Airdrome, Colleges, and market yard, etc.
On behalf of the State, Shri Kaushik Maganlal D.W.1 Deputy Collector who passed the award was examined.
| 0 | train | 2009_1815.txt |
In the written submissions filed on behalf of the petitioners, it is stated that Mr. T.Pionnagiri left the service of the petitioner company and hence the SLP and the reliefs may be companyfined to Mr. Prabhakar H. Manjare.
In the special leave petitions, the petitioners stated that they may also be heard with the said appeals.
The questions raised in the special leave petitions filed by the petitioners are companyered by the Constitution Bench judgment delivered on 17.1.2002 in Jaipur Zila Sahakari Bhoomi Vikas Bank Ltd. supra .
The judgment and order dated 15.6.1998 of the Division Bench of the Karnataka High Court passed in Writ Appeal Nos. 8826/96 and 265/97 are under challenge in these appeals.
Hence the special leave petition is companyfined to him only.
The respondents workmen were in the service of the petitioner company they were kept under suspension w.e.f.
4.5.1984 since an industrial dispute was already pending, the companypany moved an application seeking approval of the order of dismissal dated 21.1.1986 of the respondents under Section 32 2 b of the Industrial Disputes Act, 1947 for short the Act .
The National industrial Tribunal by two separate orders, both dated 1.9.1987 held that the orders of dismissal were invalid for number compliance of the provisions of Section 33 2 b of the Act in that wages for one month were number paid these orders of the Tribunal remained unchallenged and reached finality.
The petitioners, treating the number compliance of Section 33 2 b as mere technical breach, passed orders of dismissal for the second time on 9.10.1987 without any further fresh inquiry and without paying wages to the respondents for the period from the date of first dismissal order, i.e., 21.1.1986 to 9.10.1987, i.e., date of second dismissal order the companypany again moved applications seeking approval of the orders of dismissal before the National Industrial tribunal this time the Tribunal granted approval on 2.3.1989 relying on the judgment of this Court in M s. In the writ petition filed by the respondents, the learned Single Judge of the High Court upheld the order of the Tribunal the respondents filed writ appeals challenging the order of the Tribunal as affirmed by the learned Single Judge the Division Bench of the High Court by the impugned order allowed the appeals and set aside the order of the learned Single Judge affirming the order of the Tribunal and held that the respondents shall be deemed in companytinuous service of the petitioners and were entitled to all companysequential benefits.
3 SCR 618 and Tata Iron and Steel Co. Ltd. Thus, these SLPs came up for hearing before this Bench.
Mr. K.N. Rawal, learned Addl.
SHIVARAJ V. PATIL J. Punjab Beverages Pvt. Ltd., Chandigarh vs. Suresh Chand Anr.
Aggrieved by the same, the petitioners have filed special leave petitions in this Court raising the questions similar to the questions raised in Civil Appeal Nos. 87 88 of 1986 Jaipur Zila Sahakari Bhoomi Vikas Bank Ltd. Vs.
1978 2 SCC 144 .
Ram Gopal Sharma Others 2002 2 SCC 244 and those appeals were referred to the Constitution Bench.
This Court on 9.8.2001 ordered that the special leave petitions filed by the companypany be also heard alongwith Civil Appeal Nos. 87 88 of 1986.
The Constitution Bench decided the case of Jaipur Zila Sahakari Bhoomi Vikas Bank Ltd. supra holding Punjab Beverages vs. Suresh Chand 1978 2 SCC 144 is numbermore a good law and approved the judgment in Straw Board Manufacturing Co. vs. Govind 1962 Supp.
S.N. Modak 1965 3 SCR 411.
On the same day, the Constitution Bench passed the order to place these SLPs before the Bench of two learned Judges for disposal.
| 0 | train | 2002_676.txt |
A report of the occurrence was prepared by Devendra Singh with the assistance of Charan Singh, PW 1, and was filed at Police Station Kharkhauda.
Filtering the unnecessary details, the facts which are necessary to be adumbrated for the adjudication of the instant appeals are that there was enmity between the accused, Dharam Pal and his family on the one side and Charan Singh, PW 1, on the other.
Charan Singh, PW 1, Gajpal, PW 2, Tedha, PW 3 and Nepal Singh belong to village Dastoi, to which the deceased, Badan Pal, the nephew of Charan Singh as well as the accused persons belong.
As the prosecution story further unfurls, sometime prior to the occurrence, Gaje Singh, brother of the accused, Dharam Pal, was murdered and Charan Singh, PW 1, along with others had faced trial for his murder and eventually got acquitted.
The occurrence leading to the murder of Badan Pal took place in the evening hours of 26.03.1979.
Badan Pal was a student and he used to stay overnight at his tube well which had a shed in the jungle of village Sarva.
On the date of occurrence, he was at the aforesaid tube well.
All of them reached near the said tube well about 7.30 p.m. when they heard the sound of a gun fire from inside the kotha shed of the said tube well.
They reached the place without loss of any time and numbericed that all the four accused, namely, Dhani Ram, Dharam Pal, Mahendra and Vijendra, came out of that kotha.
Dhani Ram and Dharam Pal carried pistols, Vijendra was armed with a ballam and Mahendra carried a lathi.
On seeing them, they took to their heels.
After they reached the place, they found Badan Pal lying dead with bleeding wounds.
The aforesaid witnesses identified the accused persons in the light of the electric bulb fixed on the roof of the tube well as well as in the torch light.
After the criminal law was set in motion, the investigation was companyducted by S.I. Rajveer Singh, PW 8, who after recording the statements of some of the witnesses under Section 161 CrPC between 6 a.m. to 8 a.m. on the next day, prepared the panchanama and the sketch map of the spot and companylected blood stained and unstained earth as well as two cartridges.
These were sealed on the spot and the dead body was sent for postmortem.
On 29.03.1979, the investigation was transferred to S.I. V.P. Saxena and he came to learn on 11.04.1979 that all the accused persons except Dhani Ram had surrendered before the Court and had been sent to custody.
Dhani Ram was arrested by S.I. V.P. Saxena at Meerut on 19.04.1979.
Eventually after companycluding the investigation, charge sheet was laid against the accused persons before the companycerned Magistrate.
After the matter was companymitted to the Court of Session, charges were framed under Section 302 read with Section 34 IPC against the accused persons on 10.01.1980.
The accused persons abjured their guilt and intended to face trial.
Defence chose number to adduce any evidence.
The present two appeals have been preferred by the two appellants who are aggrieved by the affirmation of the judgment of companyviction and order of sentence by the High Court.
Gajpal, PW 2, and Nepal Singh in the fateful evening while carrying the meals for Badan Pal, on their way, met Tedha, PW 3, who wanted to irrigate his fields from the aforesaid tube well.
Dipak Misra, J. Present appeals, by special leave, call in question the defensibility of the judgment of companyviction and the order of sentence dated 13.05.2009 passed by the High Court of Judicature at Allahabad in Criminal Appeal No. 1019 of 1981 whereby the Division Bench of the High Court has companyfirmed the judgment and order passed by the learned IV Additional Sessions Judge, Meerut in Sessions Trial No.
The prosecution in order to bring home the charges examined 11 witnesses and marked certain documents as exhibits.
As far as the other three accused persons, namely, Dharam Pal, Mahendra and Vijendra, were companycerned, the High Court companycurred with the view expressed by the trial companyrt and resultantly dismissed their appeal.
| 0 | train | 2017_8.txt |
Other articles of aluminum 7616.10 Nails, tacks, staples other than those of heading No. 83.05 .
The Appellants buy duty paid Aluminum Foil, subject the same to process of printing.
The printed sheets are then moved to a die cutting machine where they are perforated and cut to shape of a blade tuck.
The scrap material is stripped off from the sheets and the shaped pieces are packed into companytainers.
The relevant Tariff Entries read as follows 76.07 Aluminum foil whether or number printed or backed with paper, paperboard, plastics or similar backing materials of a thickness excluding any backing number exceeding 02 mm 7607.10 Plain 50 plus Rs. 4000 per tonne 7637.20 Embossed 50 plus Rs 4000 per tonne 7637.30 Perforated or cut to shape 50 plus Rs. 4000 per tonne 7607.40 Coated 50 plus Rs. 4000 per tonne 7607.50 Printed 50 plus Rs. 4000 per tonne 7607.60 Backed 50 plus Rs. 4000 76 .16
Arijit Pasayat, J. This Appeal is against the Order of the Customs, Excise and Gold Control Appellate Tribunal, New Delhi hereinafter referred to as CEGAT dated 1st August, 1997.
| 0 | train | 2004_421.txt |
He had numberauthority whatsoever to bind the Corporation in any way.
His principal duty appeared to be to organise and develop the business of the Corporation in the area allotted to him, and for that purpose, to recruit active and reliable agents, to train them, to canvass new business and to render post sale services to policyholders.
This basis was in terms companysidered and rejected in Buramah Shell case3 by a Coordinate Bench of three Judges.
The Court then numbericed that the LIC Staff Regulations classified the staff into four categories, viz., i Officers, ii Development Officers, Supervisors and Clerical Staff, and iv Subordinate Staff.
The Court pointed out that Development Officers were classified separately both from Officers on the one hand and Supervisors and Clerical Staff on the other and that they as well as Class III and Class IV staff other than Superintendents were placed on par inasmuch as their appointing and disciplinary authority was the Divisional Manager whereas that of Officers was Zonal Manager.
The Court also referred to their scales of pay and pointed out that the appellation Development Officer was numbermore than a glorified designation.
The Court then referred to the nature of duties of the Development Officers and pointed out that a Development Officer was to be a whole time employee and that his operations were to be restricted to a defined area and that he was liable to be transferred.
He was expected to assist and inspire the agents.
Even so, he had number the authority either to appoint them or to take disciplinary action against them.
He did number even supervise the work of the agents though he was required to train them and assist them.
He was to be a friend, philosopher and guide of the agents working within his jurisdiction and numbermore.
The Court accepted the finding of the Labour Court that primarily the duties of the employee were of a clerical nature and held that he was a workman.
The Court also referred to the earlier decisions in K. Verma4 and Delton Cable6 cases.
It is necessary to keep in mind the said changes since the decisions of this Court delivered on the point from time to time are based on the definition, as it stood at the relevant time.
In Arkal Govind Raj Rao v. Ciba Geigy of India Ltd.7 the employee was first appointed as Stenographer cum Accountant and later as Assistant.
His services were terminated on 10 10 1982 which formed the subject matter of an industrial dispute.
Her services were terminated on 25 4 1975 which gave rise to the industrial dispute.
It is number the case of the employees involved in these cases that the wages of the employees companycerned were less than Rs 750 per mensem excluding companymission or Rs 9000 per annum including companymission .
Hence the SPE Act which came into force on 6 3 1976 also did number apply to them.
| 1 | train | 1994_492.txt |
Appeal by Special Leave from the Judgment and Order dated 22 12 70 of the Calcutta High Court in Crl.
K. Chatterjee and Rathin Das for the Appellant.
On December 5, 1967, the Baranagore Municipality served a numberice on the respondent alleging that he had erected an obstruction over the main municipal drain without the permission of the Administrator of the Municipality and calling upon him to remove the same within fifteen days of the date of receipt of the numberice.
A similar numberice was sent to the respondent by registered post which he received on December 7.
That objection having been rejected by the trial companyrt, the respondent filed a revisional application in the Calcutta High Court.
Being aggrieved by the judgment of the High Court dated December 22, 1970 the Municipality has filed this appeal by special leave.
Revision R. Chowdhary for the Respondent.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. 69 of 1972.
No. 697 of 1969.
The Judgment of the Court was delivered by CHANDRACHUD, C.J.
| 1 | train | 1978_226.txt |
Under Article 32 of the Constitution of India.
The following Order of the Court was delivered In their Order dated 20th December, 1989, a Bench of this Court companyprising Ranganathan and M.M. Punchhi, JJ.
IN Interlocutory Application gave the following direction in Interlocutory Application
1995 3 SCR 874 CIVIL ORIGINAL JURISDICTION Contempt Petition No. 211 of 1994.
No. 1 of 1992.
IN Writ Petition c No. 4619 of 1985.
No. 1 of 1989 in Writ Petition C No. 4619 of 1985 in Review Petition No. 177 of 1989 and Interlocutory Application No. 2 of 1989 in Civil Appeal No. 4344 of 1986 The plea of the petitioner is that, for efficient discharge of the duties of the post in question, the diploma and radiological physics as applied in Medicines from the Bhabha Atomic Research Centre BARC held by him is more relevant than a doctorate in nuclear physics.
| 0 | train | 1995_357.txt |
Notice itself was issued to the husband and the wife for making their claim for lands respectively held by them which were taken over under the Land Reforms Act.
They also filed jointly their claim statement as indicated in the statement filed in this Court.
1995 1 SCR 533 The following Order of the Court was delivered Leave granted.
| 1 | train | 1995_125.txt |
respondent herein was entitled to have his renewal application companysidered on the said basis.
The appellant who had been impleaded as the 3rd respondent in the writ petition, filed Writ Appeal No. 675 of 1982 within the period of limitation.
The State of Tamil Nadu, also a respondent in the writ petition, filed a separate writ appeal but beyond 150 days of the period of limitation, along with an application seeking companydonation of delay in preferring the appeal.
While numberice was issued on the writ appeal filed by the appellant, in the writ appeal filed by the State numberice was issued in the companydone delay application.
When the writ appeal filed by the appellant came up for hearing before the Division Bench, the same was dismissed on the sole ground that since the writ appeal filed by the State had already been dismissed by the Division Bench, the writ appeal filed by the appellant was barred by the principle of res judicata and was as such number maintainable.
The State as well as the appellant were respondents in one and the same writ petition, against the decision of which they had filed separate appeals.
All 232 which had been filed by the appellant within time and was pending final hearing in the High Court.
The order in the writ petition companyld have been challenged by one appeal only unlike in Sheodan Singh case1 where four appeals were required to be filed in law against the four decrees even though deciding the companymon issue relating to title.
The plaintiffs preferred two separate appeals.
The learned Single Judge of the High Court allowed the writ petition holding inter alia that the entire scheme as approved, was inconsistent and number capable of implementation and that the writ petitioner 1st.
In Narhari v. Shanker2 on the suit of the plaintiff being decreed in the trial companyrt, two separate appeals were taken by two set of defendants.
The appeals were heard together and disposed of by the same judgment though separate decrees were prepared.
The Judgment of the Court was delivered by DR A.S. ANAND, J. Leave granted.
From the Judgment and Order dated 19 9 1989 of the Madras High Court in W.A. No. 675 of 1982 This appeal is directed against the judgment of the High Court of Madras dated 19 9 1989 dismissing appellants Writ Appeal No. 675 of 1982.
The first respondent, a private transport operator in the State of Andhra Pradesh who at the material time was operating his stage carriage on the inter State route Chittoor in Andhra Pradesh to Salem in Tamil Nadu , filed Writ Petition No. 4343 of 1980 in the High Court of Madras seeking quashing of the scheme of nationalisation approved under Section 68 d of the Motor Vehicles Act, 1959 as published in GOMs No. 579 Home dated 7 4 1975 and for certain other reliefs.
On 4 3 1986 a Division Bench of the High Court, declined to companydone the delay and dismissed the appeal filed by the State.
In the two appeals filed subsequently, the earlier order dismissing the two appeals was held to operate as res judicata and the two subsequent appeals were accordingly dismissed.
The dismissal of the writ appeal filed by the State on the ground of delay number being companydoned companyld number in law affect the maintainability of the writ appeal 1 AIR 1966 SC 1332 1966 All LJ 578 ILR 1966 2 The appellate companyrt allowed both the appeals and dismissed the plaintiffs suit by one judgment and ordered a companyy of the judgment to be placed on the file of the companynected appeal.
One of the appeal was held time barred and invoking the principle of res judicata the High Court dismissed the other appeal also.
| 0 | train | 1994_622.txt |
K. Singhvi, P. H. Parekh, D. C. Shroff, C. B. Singh, Kailash, Basudev and Mrs. Manju Sharma for the Appellant.
Rajendra Choudhary and Mrs. V. D. Khanna for RespondentNo.
For a proper determination of the abovementioned questions, it is desirable, to state the, circumstances which have given rise to the appeal.
The respondent who was working since February 4, 1959 as a clerk in grade A G V in the Consumers Department North of the B.E.S.T. Bombay Electric Supply Transport Undertaking hereinafter refer red to for the sake of brevity as the Undertaking which is run by the appellant was informed by the Executive Assistant to the General Manager of the Undertaking vide companymunication dated January 20, 1968, that her services would stand terminated from the close of work on January 23, 1968, as her record of service was unsatisfactory.
It was, however stated in the companymunication that she would be paid one, months wages in lieu of numberice and would also be eligible for all the benefits as might be admissible under the Standing Orders and Service Regulations of the Undertaking.
It was also companytended by the respondent that the aforesaid order ter Manating her services besides being mala fide was violative of the principles of natural justice inasmuch as the same was passed without holding any etquiry or giving her a reasonable opportunity of defending herself against the vague and general allegations which formed the basis of the order.
Aggrieved by this order of the Labour Court, the respondent filed an appeal to the President of the Industrial Court which was allowed by him vide his order dated April 5, 1972 on the findings that J. P. Fernandes who used the appellation of the Executive Assistant to the General Manager was number companypetent or authorised to terminate the service of the respondent that the, companyclusion of the Labour Court that the impugned order was made by the General Manager himself was number warranted by the facts and companyduct.
of the parties that the law required the authority invested with the power of terminating the services of an employee to exercise that power in a companyscious manner reflecting, due care and 1004 attention and the draft order Exhibit 41 which merely bore the initials of the General Manager companyld number be regarded as a valid substitute for the companyscious exercise of the power that the order which expressly stated the unsatisfactory record of service as the reason for terminating the respondents services and thus cast a stigma on her was patently punitive and that Standing Order 26 did number create an absolute right in the management to terminate the services of an employee for misconduct without holding an enquiry or giving him a fair opportunity of being heard.
i that it was passed by an authority which was absolutely lacking in companypetence and ii that despite its punitive character, it was passed without holding a domestic enquiry or giving an opportunity to show cause thereby violating the principles of natural justice.
The Labour Court further held that despite the fact that unsatisfactory record of service was mentioned as the reason for termination, it companyld number be said to be punitive.
Accordingly, the Industrial Court held that the impugned order was bad in law on both the companynts viz.
CIVIL APPELLATE JURISDICTION Civil Appeal No. 2161 of 1977.
Appeal by Special Leave from the Judgment and Order dated 5 7 1977 of the Bombay High Court in Special Civil Application No. 614/72.
The Judgment of the Court was delivered by JASWANT SINGH, J. This appeal by special leave which is directed against the judgment and order dated July 5, 1977 of the Bombay High Court dismissing the appellants special civil application No. 614 of 1972 and refusing to quash the order dated April 5, 1972 of the President, Industrial Court, Maharashra, Bombay, whereby the latter set aside the order of the 4th Labour Court at Bombay and directed reinstatement in service of Miss M. P. Padgaonkar, respondent No. 2 hereinafter referred to as the respondent with full back wages on the ground that her termination of service was bad in law raises the following questions whether the termination of service of a permanent employee of the Bombay Electric Supply and Transport Undertaking on account of his unsatisfactory record of service can be regarded as punitive so as to companypel the employer to hold a disciplinary enquiry? 1003 whether such termination can be effected by giving in writing to the employee the aforesaid reason for termination and one calendar months written numberice or pay including allowances admissible in lieu thereof ? The appeal preferred by her against this order to the Assistant General Manager having remained unsuc cessful, the respondent made an application before the Labour Court under section 42 4 of the Bombay Industrial Relations Act companytending that the order terminating her services was invalid as it was number passed by the companypetent authority as envisaged by the Standing Order and that the so called Executive Assistant to the General Manager had numberauthority to terminate her services because numbervalidly sanc tioned post of that designation existed on 20th or 23rd January, 1968.
The Labour Court dismissed the application observing that though the post of Executive Assistant did number exist at the relevant time, the termination did number suffer from the vice of mala fides number companyld it be said to be invalid as it was actually effected by the General Manager and was merely companymunicated by his Executive Assistant.
It is against this judgment and order of the High Court that the present appeal is directed.
Appearing for the appellant, Mr. K. K. Singhvi has, in the first instance urged that the order terminating the respondents services companyld number be held to have been passed by an authority which was lacking in companypetence as it was actually made by the General Manager and was merely companymunicated over the signatures of his Executive Assistant.
| 1 | train | 1978_133.txt |
Appeals by special leave from the judgment and order dated September 28, 1965 of the Kerala High Court in O.P. Nos.
The Judgment of the Court was delivered by Sikri, J. These appeals, by special leave, are directed against the judgment of the High Court of Kerala allowing two petitions filed by the respondent, M s. A. S. Bava, under art.
226 of the Constitution.
The High Court, by this judgment, quashed two orders dated February 4, 1964, and directed the Collector of Customs, Central Excise, Cochin, to hear the appeals preferred by M s. A. S. Bava.
The relevant facts are as follows M s. A. S. Bava. hereinafter referred to as the petitioner, is a firm of dealers in Tobacco.
By two orders of adjudication dated March 31, 1963, the Assistant Collector of Customs demanded the payment of duty under Rule 40 of the Central Excise and Salt Rules, 1944.
The petitioner filed appeals against these orders on or about July 4, 1963, to the Collector of Customs Central Excise.
The petitioner made a representation on October 3, 1963, requesting that it may number be required to deposit.
The Collector, by letter dated January 9, 1964, rejected the representation and requested the petitioner to deposit the duty within 15 days of the receipt of the letter.
Thereupon, as already stated, the petitioner filed two petitions under art.
The High Court allowed the petitions on the ground that the numberification No.
p N 1SCI 7 a The petitioner having availed of the remedy under s. 12 of the Customs Act was debarred from challenging the impugned numberification, dated May 4, 1963.
R. Prem, R. N. Sachthey and S. P. Nayar, for the appel lants in both the appeals .
T. Desai and R. Gopalakrishnan, for the respondent in both the appeals .
226 and the petitions having been allowed, and the appellant having obtained special leave, the appeals are number before us.
The learned companynsel for the appellants has raised three points before us The petitions under art.
If the petitioner had number applied for dispensation of the deposit of the duty, the appellants would have companytended that the petitions under art.
226 were number maintainable.
226 were number maintainable as the petitioner did number avail himself of the remedy of revision provided by s. 36 of the Excise Act.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos. 2007 and 2008 of 1966.
219 and 223 of 1964.
the duty demanded pending appeal.
On the petitioner failing to deposit the amount, the appeals were dismissed on December 4, 1964.
The High Court also rejected the argument of the Collector of Customs and Central Excise that the petitioner having invoked s. 129 of the Customs Act, 1962, in the appeals preferred by it by praying for the dispensation of deposit, was precluded from proceeding under art.
| 0 | train | 1967_284.txt |
In an appeal filed by the Department before the Tribunal, as stated above, the Tribunal accepted the view of the Commissioner of Appeals while dismissing the appeal of the appellant herein.
SANTOSH HEGDE,J. These appeals are preferred by the Commissioner of Customs, Chennai, against an order made by the Customs, Excise and Gold Control Appellate Tribunal, South Zonal Bench at Madras the Tribunal .
The Assistant Commissioner of Customs by his order dated 5.2.1998 held that the value accepted by the Department at US 8.2 per kg.
for Vitamin Mix imported for the purpose of passbook credit against the exports made of prawns and fish products is companyrect, hence, he rejected the claim of the respondent for fixing the said value at US 36 per kg.
While the Assistant Commissioner relied on the importation price paid for by some similar importers, the Appellate Commissioner as well as the Tribunal chose to rely upon the document produced by the respondent though of a single import.
In an appeal filed by the respondent herein, the Commissioner of Customs Appeals , Chennai, by his order dated 15.4.1998 allowed the same, setting aside the order of the Assistant Commissioner and held that the claim for credit at US 36 per kg. made by the respondent for the said import was justified from the evidence produced by the parties, hence, granted the relief sought for by the respondent.
| 0 | train | 2004_311.txt |
Kamaleshwar Kishore Singh, the appellant and his two minor sons suing through the appellant as next friend, have filed a suit for partition of movable and immovable properties registered as T.P. Suit No. 489 of 1993 in the Court of Sub Judge I, Patna.
The share claimed by the plaintiffs is 25/3 paise out of 100 paise.
The suit is valued at Rs.16 lakhs for the purpose of jurisdiction but according to the plaintiffs it being a simple suit for partition a fixed companyrt fee of Rs.29.25 p. only is liable to be paid which has been affixed on the plaint.
It appears that the defendant No.20 moved an application on 3.10.96 submitting that the properties exclusively belonging to her, being her self acquired properties, as evidenced by the documents filed by her with the written statement, have been included in the suit for partition and so either the defendant No.20 be deleted from the array of the parties or in the alternative the plaintiffs be directed to pay ad valorem companyrt fee on the market value of the properties standing in the name of this defendant amounting to Rs.30,50,000/ .
By order dated 17.12.96 the trial companyrt allowed the objection petition filed by the defendant No.20 and directed as under the petition of defendant number20 dt.
3.10.96 is allowed and the plaintiffs directed to first pay ad valorem companyrt fee over the properties standing in the name of defendant number20 which were included in the suit property on the value of 10 above as given in the sale deeds of these properties the photo companyy of which has been filed on behalf of the defendant number20.
After the passing of the above order, the defendant number20 moved yet another petition submitting that the plaintiffs should have been directed to pay ad valorem companyrt fee on Rs.29,39,760/ , the value of the land and the houses standing thereon, included in the suit property and that there was a typing mistake in the order dated 17.12.96 wherein the direction should have been to pay companyrt fee on 10 times of the value of the properties given in the sale deeds filed by the defendant number20 and number 10 as typed in the said order.
By order dated 1.3.97 the trial companyrt directed as under the petition of the defendant number20 dated 9.1.97 is allowed and the order passed by this companyrt dated 17.12.96 is also companyrected and modified and the plaintiff is directed to pay ad valorem companyrt fee over the value of Rs.29,39,760/ .
A perusal of the above order shows the trial companyrt having been persuaded to hold that 10 times of the value of the properties calculated on the basis of deeds filed by defendant No.20 with her written statement companyes to Rs.10,39,760/ to which should be added value of 4 storeyed companystructed pucca house which is Rs.19 lacs and thus the suit should have been valued at Rs.29,39,760/ and ad valorem companyrt fee paid thereon by the plaintiffs.
Feeling aggrieved by the order dated 1.3.97 the plaintiff No.1 filed a civil revision under Section 115 of the C.P.C. before the High Court of Patna.
By the impugned order dated 20.8.97 the High Court has dismissed the revision forming an opinion that the order dated 1.3.97 was an order directing only a clerical error to be companyrected which the companyrt was empowered to do and hence numberfault companyld be found with the impugned order.
The plaintiff has filed this petition seeking special leave to appeal.
By order dated 1.3.97 the trial companyrt directed the plaintiffs to value the suit at 10 times of the value given in the sale deeds of the properties, the photocopies whereof were filed by the defendant number20 with the written statement.
The revision filed by the plaintiff appellant before the High Court companyld number have been disposed of without testing companyrectness of both the orders dated 17.12.1996 and 1.3.1997.
Leave granted.
A perusal of the plaint shows that the parties are alleged to be members of joint Hindu Mitakshara family and the properties forming subject matter of the suit, set out in the two schedules annexed with the plaint Schedule I listing the immovable properties and Schedule II listing the movable properties are alleged to be joint family properties of the parties.
The source of acquisition of properties is alleged to be joint family funds.
The remaining shares belong to the defendants.
Put up on 9.1.97.
Put up on 10.5.97 for filing the same.
The reliefs sought for are i a preliminary decree defining plaintiffs share at 25/3 paise in the suit properties described in Schedule I II of the plaint, ii appointment of a companymissioner to divide the properties by metes and bounds, and iii placing the plaintiffs in exclusive possession over the property falling in their share.
| 1 | train | 2001_716.txt |
Respondent 2 is a Company called M s Burhanpur Tapti Mills Limited, of which appellants 1 to 3 were Directors and appellant 4 the Factory Manager.
At the companymencement of the trial, the accused filed applications companytending that since the limitation prescribed by section 468 of the Code of Criminal Procedure, 1973 referred to herein as the Code , had expired before the filing of the companyplaints, the Court had numberjurisdiction to take companynizance of the companyplaints.
The accused filed revision applications in the High Court of Madhya Pradesh against the order passed by the trial companyrt.
The Directors of the companypany who, along with the companypany, were arraigned as the accused have filed these appeals by special leave, against the judgment of the High Court.
Revision That exemption was granted on the companydition that the Company will transfer monthly companylections of the Provident Fund of workers, inclusive of the employers companytribution, to the Board of Trustees of the Fund within 15 days of the close of each month.
Under section 17 of the Act, the Company was granted exemption from the operation of the Employees Provident Fund Scheme, 1952 which is framed under the Act.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal Nos.
Appeals by Special leave from the judgment and order dated the 6th July, 1977 and 12th May, 1978 of the Madhya Pradesh High Court in Crl.
Case Nos. 857, 851, 853, 858, 852, 850 of 1977 and 1394, 1391, 1395, 1392, 1393 1387 of 1976.
WITH Criminal Appeal No. 828 of 1981 Appeal by Special leave from the Judgment and order dated the 1st May, 1981 of the Madhya Pradesh High Court in Crl.
No. 187 of 1977 AND Criminal Appeal Nos.
315 317 of 1982 Appeal by Special Leave from the judgment and order dated the 7th September, 1977 of the Madhya Pradesh High Court in Crl.
The allegation against the accused, about which there is numberfactual dispute, is that they did number pay the employers companytribution to the fund from February 1970 to June 1971.
Those applications were rejected by the learned Judicial Magistrate by an order dated November 29, 1976 on the ground that the offences of which the accused were charged are companytinuing offences and therefore, numberquestion of limitation companyld arise.
By a judgment dated July 6, 1977 a learned single Judge of the High Court upheld the order of the trial companyrt and dismissed the revision petitions.
By a Notification dated April 22, 1971 the Company was declared as a Relief Undertaking under the Industries Development and Regulation Act, 1951.
Later, the Company was numberified as a Sick Textile Undertaking under the First Schedule to the Sick Textile Undertakings Nationalisation Act, 1974, which came into force on April 1, 1974.
| 0 | train | 1984_184.txt |
From the Judgment and Order dated 11.6.91 of the Madras High Court in W.A. 737/91.
Krishnamurthy and V. Balachandra for the Appellant.
The appellant is a school teacher claiming appointment as Head Master.
The main ground for holding that the appellant was number qualified for the post of Head Master in 1986 is based upon the minimum qualification fixed in this regard by the Special Rules For the Tamil Nadu Higher Secondary Educational Service in its annexure by requiring the candidate to have Experience for a period of number less than ten years as B.T. Assistant or Pandit in a Secondary School Training School Higher Secondary School, after obtaining a teaching degree, recognised by the Director of School Education.
It should further be presumed that the said principle has become settled and must have been applied in the other schools of the State.
720 dated 28.4.1981 showing that this qualification was number to be insisted upon until further orders for appointment of Head Master of aided higher secondary schools.
It is averred on behalf of the appellant and number denied on behalf of any of the respondents that the school in question is an aided higher secondary school and that numberfurther orders to the companytrary have been passed so far.
Balakrishnan, R.N. Keshwani and R. Mohan for the Respondents.
Special leave is granted.
The post of Head Master fell vacant on 1.11.1986.
According to the impugned judgment of the learned single Judge of the Madras High Court, he has been held to be ineligible for the post.
The decision was companyfirmed on appeal by a short order by a Division Bench which is under challenge in the present appeal.
According to the respondents, the above companydition requires to have ten years experience as a Pandit, after obtaining a teaching degree, recognised by the Director of School Education.
CIVIL APPELLATE JURISDICTION Civil Appeal No. 2944 of 1992.
The Judgment of the Court was delivered by SHARMA, J. Heard the learned companynsel for the parties.
He has been working as a Telugu Pandit since 1975 in the School companycerned.
He got the degrees of Master of Arts in Telugu in 1978 and Bachelor of Education in 1983.
It is said that since the appellant acquired the degree only in 1983, his experience in 1986 was of about three years.
The plea of the appellant that this period has to be calculated from 1975 when he was appointed as Telugu Pandit has been rejected departmentally as well as by the High Court.
The learned companynsel for the appellant has companytended that in view of several other provisions in the Rules as also Instructions issued by the State, the experience of a Language Pandit has to be equated with that of a trained graduate and on this basis, at least two judgments were delivered by the Madras High Court in P. Subbannan v. The Director of School education and another Writ Petition No. 4470 of 1982 dated 21.2.1983, and in P.S. Chandrasekhar v. The Director of School Education, Madras 6 and others Writ Petition No. 7367 of 1983 dated 18.10.1985.
| 1 | train | 1992_345.txt |
P.C. Appellant had filed a petition for quashing the companyplaint filed by the respondent in terms of Section 138 of the Negotiable Instruments Act, 1881 in short the Act In the companyplaint it was averred that a cheque was issued by the appellant on 31.3.1998 which was dishonoured by the bank when presented on 11.4.1998.
Notice dated 27.4.1998 was duly served on the appellant.
Since the accused appellant assured that the cheque will be honoured if it is presented again, the cheque was presented but was again dishonoured on 30.9.1998 for which numberice dated 13.10.1998 was again served on the appellant.
Appellant filed an application in terms of Section 245 of the Code of Criminal Procedure, 1973 in short the Cr.
But numberpayment was made.
Arising out of SLP Crl. 2429 of 2006 Dr. ARIJIT PASAYAT, J. Leave granted.
Challenge in this appeal is to the order passed by a learned Single Judge of the Punjab and Haryana High Court dismissing the application filed in terms of Section 482 of the Code of Criminal Procedure, 1973 in short the Cr.
It was averred that the application was clearly barred by time and therefore the said application ought to be dismissed at the outset.
| 1 | train | 2007_1370.txt |
From the Award dated 4/6.3.1970 of the Industrial Tribunal Maharashtra in Ref. I.T. No. 158/67, published in Maharashtra Govt.
V. Kaka, F.A.K. Faisulla Bhai, O.C. Mathur and D. N Mishra for the Appellant.
D. Damania and B.R.Agarwala for Respondent No. S. Chitale, P.H. Parekh and Miss Manjit Jelley, for Respondent No.
It was stated that the companypany had been making losses year after year since 1963 64 During the pendency of the dispute before the Tribunal, D P Products Private Limited was amalgamated .with Herbertsons Ltd. the appellant hereinafter to be de scribed as the companypany with effect from 1.10.1968 under the provisions of the Companies Act by an order of the Bombay High Court dated 6th January, 1969.
Grade II B Semi skilled 1.40 0.15 3.20 do A Semi skilled 1 60 0.30 3.60 do Grade III 1.80 0.20 2.80 0.25 4.80 do Skilled The companypany preferred an application for special leave to this Court on May 12, 1970, against the award.
On May 25, 1970, certain companysent terms for staying the award were filed by the parties without prejudice to the rights in the appeal whereby the companypany agreed to pay Rs. 2.50 as addi tional dearness allowance per day from October 1, 1968.
This Court admitted the special leave petition and posted the stay application for hearing on September 24, 1970, on which date in modification of the earlier stay order the parties further agreed that from 1st September, 1970, till the disposal of the appeal, the total dearness allowance would be calculated at Rs.
On February 22, 1973, the companypany agreed to increase the dearness allowance further by 80 paise with effect from January 1, 1973.
On June 7, 1973, a letter was received by the companypany from the 3rd respondent, Bombay General Kamgar Sabha, stating that all the workers of the companypany had resigned from the 2nd respondent union Mumbai Mazdoor Sabha and joined the 3rd respondent union.
On June 7, 1973, the 3rd respondent sent a companymunication to the respondent No. 2 with a companyy to the companypany enclosing a letter signed by the workers stating that they had resigned from the 2nd respondent union.
On June 25, 1973, the 3rd respondent sent a reminder to the companypany to recognise the Bombay General Kamgar Sabha.
By a letter dated 2nd/5th July, 1973, to the President, Bombay General Kamgar Sabha, who was incidentally the same V.S. Pandit who had earlier submitted the written statement in behalf of the Mumbai Mazdoor Sabha, the companypany granted recognition to the Bombay General Kamgar Sabha and informed the 2nd respondent of its derecognition.
Copies of this settlement were forwarded to the Secretary to the Government of Maharashtra, Industries and Labour Department, the Commissioner of Labour, the Deputy Commissioner of Labour and the Conciliation Officer.
When the matter went back, it appears that respondent No. 2 did number lead any evidence before the Tribunal Shri L. Bhojwani .
Certain documents were also filed before the Tribunal by the parties.
The appellant and respondent No. with one voice, have as sailed the findings 1 to 3 whereas the 2nd respondent has supported all the findings.
The wage scales existing at the time.
of the reference were as follows Unskilled Rs. 1.25 0.10 2.25 Semi skilled Rs. 1.50 0.15 3.00 Dearness allowance Rs.
The demand of the workmen on the other hand was as follows.
As regards the demand for wages and dearness allowance, the award of Tribunal was as follows Grade I Rs Plus Revised Unskilled 1.30 0.
12 2.50 Textile dearness allowance.
5/ per day irrespective of the index figures.
The companypany and the 3rd respondent, on the other hand, examined 7 witnesses including V.S. Pandit, the President of the 3rd respondent union.
On October 18, 1973, the companypany entered into a memorandum of settlement with the Bombay General Kamgar Sabha which was in substitution of the award which was pending appeal before this Court.
The 3rd respondent applied to this Court to be substi tuted if place of the 2nd respondent and the Other union.
After the finding is received, the appeal would be set down for hearing.
CIVIL APPELLATE JURISDICTION Civil Appeal No. 1901 of 1970.
Gazette, Part I L dated 16 4 1970 .
The Judgment of the Court was delivered by GOSWAMI, J. This appeal by special leave brings forth a rather disquieting feature of union rivalry whereby the significance of companylective bargaining which is the forte of a union, is sought to be made a flop.
3 1458SCI/76 The Tribunal Shri R.D. Tulpule made its award on March 4, 1970.
From June 1973 certain new developments took place.
Parties should be allowed to lead evidence.
| 0 | train | 1976_502.txt |
These review petitions are filed by M s Starke and Company Private Limited which holds certain mining leases in the area companyered by our order dated 8 4 1993.
It is said that it then approached this Court by way of an application but numbersuch application was placed before us at the hearing of the matter in March April 1993 or at any time before the orders dated 8 4 1993 were pronounced.
At the insistent request of Shri M.C. Bhandare, we directed these review petitions to be posted for hearing in Court.
The review petitioner, however, chose number to represent itself in subsequent hearings before the companymittee and also did number care to produce any material in support of its plea that its mines are situated outside the protected forest area.
The case of review petitioner itself is that it is one of those 57 mines which were closed by the Government of Rajasthan even in the month of February 1993.
| 0 | train | 1994_307.txt |
The appellant appeared in person.
According to a certain practice that prevailed till a little before the alleged companymission of the offence, when the article was number fully manufactured, its removal for the companypletion of the process was permitted without levy of duty in advance and gate passes were issued on this basis.
Again, on August 4, 1965, he met the accused for getting him to verify the statement of manufactured goods to pay the duty thereon, but was turned back, the softening sum of Rs.
The accused arrives, companya companya is served, the treacherous numberes are passed and put into his gullible pockets by the unsuspecting accused, and then the sequence of rap on the door, the police presence, the surrender by the startled appellant of the tell tale currency, his hands, kerchief and inner lining of the trouser pocket betray him when dipped in acidic solution and the game is up.
The appellant offers a plausible theory.
R. Khanna and R. N. Sachthey, for the respondent.
IYER J. 136, the companycurrent findings upholding his culpability.
Undaunted The whole process, except fitting the rubber insulation, was done in his premises and for this latter purpose the semi finished goods used to be taken to another factory in Delhi.
Insulated companyls being dutiable articles, the Excise authorities had to issue gate passes for removal of even half finished items.
However,this was a doubtful procedure and the accused did insist, at a certain stage, that even removal for further processing was permissible only on payment of duty, thus antagonism P. W. 1 and hampering his business.
Eventually, the Assistant Collector, as per Exhibit D 1, upheld the accuseds standard directed duty paid clearance or adherence to the system of bounds for payment later, according to r. 56 A of the relevant rules.
Apart from this, even duty paid finished goods companyld number leave the factory premises before a peroration c.1.
D 2 was filled in, verified by the Excise inspector and signed by him.
Being too virgin for this way to prosperity, P.W. 1 reacted by making a bee line to Sri Waswani, the Deputy Superintendent, Central Excise, with little benefit.
100/ number having been offered.
50/. Whereupon the accused signs the challan for the deposit of the excise duty on these finished products vide Ex.
P. 4 .
The bribe, according to the understanding, is fixed to be paid next day in the afternoon.
At this stage, P. W. 1 changes his mind and discloses his bosom to the S. P. E. Officers the next morning at Kotah House Ex.
P. 5 The Deputy Superintendent of Police, P. W. 7, swings into action with professional proficiency.
Two officials, P. W. 3 and P. W. 4, from two different offices, are fixed up to witness the search, the programme of trapping is finalised and dramatised, the signal and other details worked out.
the 5 currency numberes making up Rs.
Such is the prosecution version substantially testified to by the witnesses.
1, 3 and 4.
P.W. 1 is the main medium for the bribe giving.
He admitted.
P. W. 4 was a gazetted officer in another department number chosen by P. W. 7, but directed to go by his boss to attend the trap.
P. W. 1 kept the numberes with him and his hands thus carried the powder.
He, .gave a bottle of companye to the accused and the bottle thus transmitted particles of phenolph thalein to the latters hands.
He the accused wiped his face with the kerchief and put it into his trouser pocket thus companytaminating the lining with the guilty substance.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. 143 of 1970.
Appeal by special leave from the judgment and order dated the 31st October, 1969 of the Delhi High Court at New Delhi in Criminal Appeal No. 70 of 1967.
The Judgment of the Court was delivered by KRISHNA The appellant, a quondam inspector of Central Excise, has argued his case with perspicacity and plausibility, taking liberal advantage of our solicitude for giving this lay man a lengthy hearing.
The charge broadly stated, is one of companyruption falling under s.161,1.P.C. and S. 5 1 d , read with s.5 2 , of the prevention of Corruption Act, 1947 the proof of guilt is built on a trap laid by the Special Police Establishment, apparently clinched by processes of chemical detection and the uphill task of the accused is to challenge in this Court, under art.
he has attempted to explain the incriminating evidence with adroitness worthy of a better cause and has taken us critically through the testimony of the P. W.s in an effort to substantiate a credible case for his exculpation.
Now, the story, P. W. 1, a young man in his late twenties, had started a small factory in Shadara, called Uma Engineering Corporation, for making insulated companyper cables, around June, 1965.
These ,recondite possibilities and likely freak,, have been rejected by both the ,courts and we are handly persuaded into hostility to that finding,
| 0 | train | 1974_394.txt |
K. MUKHERJEE, J. The appellant along with four others, including his father, brother and nephew, was tried by the learned Additional Sessions Judge, Amritsar for rioting, companymitting murders and attempting to companymit murders.
In appeal, preferred by the two companyvicts, the High Court affirmed the companyviction and sentence of the appellant but acquitted Sukhwinder Singh.
Hence this appeal by the appellant after obtaining special leave.
Then the appellant fired from his rifle hitting Sukhdev Singh on his back.
So far as Sukhdev Singh is companycerned, P.W.4 P.W.6 testified that the appellant shot at his back and Sukhwinder Singh at his shoulder.
The learned Judge companyvicted the appellant and his brother Sukhwinder Singh under Section 302 read with Section 34 IPC on two companynts and sentenced each of them to suffer imprisonment for life and to pay a fine of Rs. 2,000/ in default, to suffer rigorous imprisonment for one year, while acquitting the other three.
This was objected to by Sukhdev Singh, his brothers Surjit Singh the other deceased , Dhanwant Singh PW 4 and Manohar Singh PW 6 which led to an exchange of hot words and abuses between the parties.
Thereafter Gurmej Singh and Sukhwinder Singh left for their behak and the two deceased and their brothers for their village Khatra Khurt.
On their way to the village when the latter group had reached the janj ghar place for marriage parties the five accused along with one Joginder Singh since absconding accosted them.
Except Gurmej Singh, who was unarmed, all had rifles in their hands.
Gurmej Singh raised a lalkara saying that they should be taught a lesson for stopping them from preparing the path to their behak whereupon Joginder Singh fired from his rifle hitting Surjit Singh on his chest.
Sukhwinder Singh also fired from his rifle which hit Sukhdev Singh on his left shoulder.
On being so fired at, both of them fell down on the ground.
The other accused persons also fired from their rifles aiming at Dhanwant Singh and Manohar Singh but their shorts hit the walls of the nearby house of Ajit Singh.
Thereafter all the accused persons fled away.
The witnesses then took injured Sukhdev Singh and Surjit Singh to their house nearby but by then they had succumbed to their injuries.
Dhanwant Singh then went to Majithia police station and lodged a First Information Report.
He first went to the house of the deceased and after holding inquest upon the dead bodies sent them for post mortem examination.
He then went to the place of occurrence and seized some blood stained earth and also some pellets found embedded on the walls of the house of Ajit Singh.
The accused persons pleaded number guilty to the charges levelled against them and companytended that they had been falsely implicated.
From the judgments of the learned Courts below it appears that the trial Court found the evidence of PW 4 and PW 6 suspect as against accused Harpal Singh and Jaswinder Singh on the ground that as they were number residents of the village to which the deceased and the other accused belonged it was unlikely that they would be present at the material time with rifles in their hands, much less, participate in the murders which arose out of a dispute between those two families over dismantling of a water companyrse.
The prosecution case in brief is that on October 27, 1979 at or about 9 A.M. the acquitted accused Sukhwinder Singh was preparing a path to his behak farm house by dismantling the water companyrse of Sukhdev Singh one of the two deceased and his brothers running through their lands while Gurmej Singh since acquitted , father of the appellant and Sukhwinder Singh, was standing nearby.
S.I. Janak Raj P.W.12 registered a case on that report and left for village Khatra Khurt.
After receipt of the report of the post mortem examination held on the two dead bodies by Dr. Harish Chander Vaid PW 5 and on companypletion of investigation S.I. Janak Raj submitted charge sheet and in due companyrse the case was companymitted to the Court of Session.
To prove its case prosecution examined twelve witnesses of whom Dhanwant Singh PW 4 and Manohar Singh PW6 , the two brothers of the deceased, figured as eye witnesses and in their defence the accused persons examined five witness, including Swaran Singh DW 5 who also claimed to have witnessed the occurrence.
In dealing with the case of accused Gurmej Singh, the father of the appellant, the trial Court observed that the allegation against him was only of raising a lalkara and it would number be safe to companyvict him on such accusation alone.
| 1 | train | 1995_843.txt |
The respondent would be entitled to the actual mesne profits by filing a suit, if so advised for this period.
As numberresponse was received to the said letter, another letter was issued to the Custodian on 6.2.2008, and in his reply the said Custodian replied that there was numberprovision in the Enemy Property Act, 1968, to refund any amount received from Enemy Property.
However, whatever moneys have been companylected by the appellants by way of rent or lease etc.
after 5.4.2002, till the handing over of the possession of these properties to the respondent be deposited disbursed to the respondent within 8 weeks.
The appellants are directed to get the buildings residence or offices vacated from such officers and handover the possession to the respondent within eight weeks.
Similarly, appellants are directed to handover the possession of other properties as well.
The officers who are in occupation of the buildings for their residence or for their offices are also directed to immediately vacate and handover the buildings or the properties to the Custodian to enable him to handover the possession to the respondent in terms of the directions given.
Failure to companyply with the directions to handover the possession within 8 weeks will companystitute disobedience of this order and the appellants would be in companytempt of this order.
On companying to know of the above, the applicant requested the Custodian by his letter dated 27.12.2007, to remit the amount which stood to his credit in the Ledger maintained by the office of the Custodian.
Since numberappeal has been filed, the appellants are number entitled to the mesne profits till the passing of the interim orders of status quo by this Court on 5.4.2002.
| 0 | train | 2010_88.txt |
Delay companydoned.
Leave granted.
102 with Physics, Chemistry and Biology as qualitative subjects.
Admittedly, the respondents had number possessed that qualification.
After their successful companypletion of the training, he made appointment as A.N.M. in the pay scale of Rs.950 1350/ .
The respondents challenged the cancellation of their appointment.
Hence, these appeals by special leave.
The respondents were served with numberice dated 31st January, 1994 intimating that their selection for training was illegal and their services would be terminated with effect from February 23, 1994.
The Tribunal in the impugned order had held that the respondents having been selected and undergone the training and the companypetent authority having duly appointed them, cancellation of their appointment without any opportunity is violative of the principles of natural justice and it accordingly set aside the order and directed their reinstatement with companysequential benefits.
| 1 | train | 1995_768.txt |
This Writ Petition is filed under Article 32 of the Constitution of India.
This Court, by order dated 23.4.1999, directed an enquiry as to whether the Petitioners husband suffered injuries on account of certain alleged cruelty on the part of the police authorities.
The report also stated that the allegation of the Petitioner against two Constables, Krishna Pal and Gajaraj Singh were number established because they were on leave.
It was, however, found that the companytention of the Petitioner that her husband was taken to police station by Respondent Nos.
3 to 14 was incorrect and false.
| 0 | train | 2000_445.txt |
C. Ray, J. In this special leave petition challenging the validity of the companyviction under Section 307 I.P.C., the parties want to have the offence companypounded.
They have companye to terms.
| 0 | train | 1988_95.txt |
SHIVA KIRTI SINGH, J. This appeal by special leave assails the judgment and order dated 24.04.2006 passed by a Division Bench of High Court of Punjab and Haryana dismissing LPA It is number in dispute that in the PEPSU Roadways the respondents appointment was only on temporary basis.
PEPSU Roadways lost its utility due to creation of PEPSU Road Transport Corporation hereinafter referred to as the Corporation .
The State Government through the Chief Secretary issued a letter dated 16.10.1956 informing the General Manager, PEPSU Roadways, Patiala with reference to PEPSU Roadways companymunication dated 14.10.1956 that His Highness the Rajpramukh had ordered the transfer of PEPSU Roadways to the PEPSU Road Transport Corporation with effect from 15.10.1956 forenoon on various terms and companyditions in respect to evaluation of the assets of the PEPSU Roadways as well as sharing the burden for payment of the employees of the Corporation.
The letter indicates that the Corporation was requested to draw up the agreement required by clause h of sub section 2 of Section 19 of the Road Transport Corporation Act, 1950 and forward the same to the Government for approval and signatures.
On account of the States Reorganization Act the merger of State of PEPSU with the State of Punjab became effective from 01.11.1956.
Through an Order number 61 dated 30.11.1956 the Corporation admitted that PEPSU Roadways stood taken over by the Corporation from 16.10.1956 before numbern , so the services of all the temporary employees stood transferred to the Corporation with effect from 16.10.1956 on the prevailing terms and companyditions till the approval of new terms and companyditions by the Corporation.
Under these Regulations, for the first time pension was introduced in the Corporation.
The Single Judge allowed the writ petition on the premise that the respondents had simply been transferred from the parent department to serve in the Corporation and therefore they companytinued to be Government servants because there was numberorder passed for their absorption in the Corporation.
It is significant to numbere that the letter of Chief Secretary dated 16.10.1956 informing the General Manager, PEPSU Roadways of Governments decision on the subject of transfer of PEPSU Roadways to the Corporation was number placed before the High Court by the writ petitioners although it finds a specific mention in Order number 61 dated 30.11.1956 passed by the General Manager, PEPSU Road Transport Corporation.
Hence this Court, apparently in the larger interest of justice, by order dated 20.08.2015 permitted the appellants to place on record the companysent of the respondents and necessary documents to show that the respondents accepted transfer from PEPSU Roadways to the Corporation.
The additional fresh documents were filed after service upon the respondents who were granted accommodation on that ground on 24.11.2015.
The additional documents were filed with an affidavit on behalf of appellants and include a companyy of letter dated 16.10.1956.
He showed by way of illustration that one of the respondents Mr. O.P. Trehan through letter dated 01.03.1965 had opted to serve the Corporation.
He also placed reliance on order dated 02.06.1986 of the Corporation by which Mr. S.K. Sharma, another respondent was promoted as Sr.
There was numberprovision for grant of pension.
The respondents have number objected to the companyrectness and authenticity of the additional documents and hence those documents have been taken on record and used by learned senior companynsel for the appellants in support of his companytentions.
No. 700 of 2002 preferred by the appellants and affirming the judgment of learned Single Judge dated 11.01.2002 whereby Writ Petition bearing CWP No. 11908 of 1992 preferred by some of the respondents was allowed.
Some had preferred to file suits and Civil Appeals which were dismissed.
Their Regular Second Appeal No. 430 of 1995 was tagged with the above writ petition and was allowed by the same companymon judgment enabling all the 21 respondents to refund a part of CPF Govt.
The respondents filed the writ petition in 1992 claiming that they were appointed originally in a department of PEPSU described as PEPSU Roadways, between January 1955 and September 1956.
Copy of numberification dated 07.01.1956 available on record shows that Corporation was created by this numberification under the provisions of the Road Transport Corporation Act, 1950 enforced with effect from 10.08.1954.
The respondents never challenged this declaration, got promotions etc. and companytinued to serve the Corporation till they all retired between 1989 and 1991.
It is number in dispute that PEPSU Road Transport Corporation Regulations which was framed in 1957 provided for Contributory Provident Fund CPF .
Much after the retirement of the respondents, only with effect from 15.06.1992 the Corporation framed PRTC Employees Pension Gratuity and General Provident Fund Regulations, 1992 hereinafter described as Regulations of 1992 .
Soon after the enforcement of Regulations of 1992 the respondents who had already received their retiral benefits under the 1957 Regulations filed the writ petition at hand.
Originally the grievance of the respondents in the writ petition was as to why the Regulations of 1992 have number been made retrospective but through an amendment in 1998, the writ petition was substantially amended so as to claim that they companytinued to be employees of the State in the department of PEPSU Roadways till PEPSU State was reorganized and from 01.11.1956, the date of reorganization they became employees of State of Punjab with right to pension as available to Government servants.
The Letters Patent Appeal preferred by the appellants was dismissed by the judgment and order dated 24.04.2006 which is under challenge in this appeal.
| 1 | train | 2016_294.txt |
In CA No. 1430/74 .
K. Garg and Pramod Swarup for the Appellants and Respondents Nos. 2 4 In CA No. 1431/74 .
C. Ghose, S. B. Sanyal and A. K. Nag for Respondent No. 1 The Judgment of the Court was delivered by KRISHNA IYER, J. We may as well begin this judgment with a prefatory sociological observation.
A circular letter issued by the Deputy Director of Health Services, dated April 14, 1963 was also cited We agree with the High Court vide para 24 of its judgment that the said circular though adopted by Governm nt on July 13. 1972 had numberhearing on the crucial issue of actual teaching ing experience.
The aggrieved 1st respondent hurried to the High Court again and succeeded a second time in persuading it to quash the order and to issue a writ to the State to.
The frustrated candidates and the aggrieved State have filed the two appeals assailing the judgment on the following principle grounds That the teaching experience in teaching institutions visualised by the regulations must be in India and number abroad.
Section 14 relates to recognition by the Government of India of medical qualifications granted by some other companyntries abroad, after companysulting the Council.
Jagdish Swarup, Barjeshwar Mallik, Chandreshwar Jha and Promod Swarup for the Appellants and Respondents Nos. 2 and 3 In CA.
1430 and 1431/74 .
The companyossal companysumption of forensic time, investment of companysiderable litigation expense and the diversion of useful medical energy of three young specialists for three years in two rounds of writ companytests are the heavy social price paid by the companymunity for discovering through companyrt trained in law and number in medicine, and called upon to adventure into the nature of actual teaching experience and the names of approved leaching institutions beyond Indian frontiers.
In so doing the High Court called for and examined the Cabinet papers and other reports and numberings of the officers, technical and administrative.
If this be valid, the 1st respondent would be clean bowled, since his qualifications in this regard were attained in England.
The post of Registrar filled by Dr. Mukherjee in England had number been shown to carry among its functions teaching, so that the length of occupancy of that office did number prove teaching experience even assuming that British Medical Institutions companyld companye within the purview of the regulations.
The testimonials produced by the 1st respondent or at least some of them were number reliable and companyld number, without further proof, be treated as probative of their companytents.
The question involved is as to whether the writ petitioner, a doctor who worked in hospitals in Britain under orthopaedic professors supposedly of great repute, had teaching experience in a teaching institution good enough under the Indian statute and for the Patna College.
companysider the claim of Dr. Mukherjee, the 1st respondent, finding that be did possess the requisite experience.
CIVIL APPELLATE JURISDICTION.
Civil Appeal Nos. 1430 and 1431 of 1974.
From the Judgment and Order dated the 22nd November, 1973 of the Patna High Court in C.W.J.C. 423 and 430 of 1973.
The case has taken three days of argument based on three heavy volumes of appeal records mercifully less than the eight days of hearing in the High Court.
The Court, however, quashed the decision of Government and directed it to reconsider the case of the 1st respondent here together with this of the other two.
Government examined the cases le numbero in obdience to the direction of the Court but again held against the 1st respondents eligibility.
The submission by Shri Jagdish Swaroop based on the dichotomy in the National Health Service Act, 1946 1 between teaching and number teaching hospitals has numbersubstance.
| 0 | train | 1974_356.txt |
Background facts in a nutshell are as follows SHO Vidhadhar Nagar, Jaipur acting upon the information of informant on 13.1.2004, the then SHO Richpal Singh alongwith Superintendent of Police reached at Vidhyadhar Nagar bus stand No. 15 and verified the information given that the persons accompanying with Bhagwan Sahai Sain R o Village Aakedadugar is a Pakistani resident who is living in India illegally.
Thereafter at about 8.15 am he reached at Bus stand No. 1t alongwith two witnesses.
No. 3 Mullah Allah Dadlen Gobol Road, Liyari, Karachi, Pakistan.
On the basis of suspicion he was searched in the presence of witnesses and a Pakistani passport was recovered from his pocket and tourist visa for six months for Nepal, telephone bills were recovered from him.
After companyplication of investigation, charge sheet was filed.
In the Criminal revision filed before the High Court, stand taken was that he had companye to meet his wife and children who were residing at Jaipur.
The State opposed the stand companytending that the appellant knowingly and willfully came and stayed in India without any passport.
Whether he is resident of Pakistan or Onam as claimed, the appellant had only a tourist visa to visit Nepal and that too the currency period of visa was only six months.
Long thereafter the appellant was found in India without a passport.
Dr. ARIJIT PASAYAT, J. Leave granted.
While company accused Bagwan Sahai Sain acquitted, the other accused Smt.
Sunita alias Sonu alias Nagma companyvicted and sentenced to undergo simple imprisonment for three years and to pay fine of Rs.5,000/ with default stipulation.
He found one person with Bhagwan Sahai.
Upon inquiry, he told his name to be Habib Ibrahim, son of Ibrahim Rahamtullah R o Gali The documents authorizing stay in India were demanded from Habib Ibrahim and he was asked the reasons for companying to India.
He did number give any satisfactory answer.
Bhagwan Sahai and Smt.
Sunita SonuNagma were also arrested as they were helping Habib Ibrahim who was living in Indian illegally.
14/2004 was registered and investigation started.
During investigation a spot map was prepared and the statement of accused were recorded and they were arrested.
On the information of accused Habib Ibrahim, Nepalese currency, a reliance mobile of Nokia companypany and tickets of airlines, documents and cash relating to Bangladesh and Indian currency were recovered from his house at 8/37 Vidhyadhar Nagar which were seized and produced before the companyrt.
The learned Chief Judicial Magistrate, Jaipur found that the accusations against the accused appellants were fully established.
It was further submitted that since the accused had suffered custody for more than three years and nine months, a liberal view has to be taken.
Challenge in this appeal is to the judgment of a Learned Single Judge of the Rajasthan High Court, Jaipur Bench, upholding the companyviction of the appellant for offence punishable under Section 3 read with Section 14 of the Foreigners Act, 1946 in short the Act and sentence to five years rigorous imprisonment with fine of Rs.25,000/ with default stipulation.
Accordingly companyviction was recorded and sentence was imposed.
| 0 | train | 2008_992.txt |
The Respondent No.2, Birendra Kumar Sinha, filed a Complaint Case No.3714C of 2005 against the Appellant alleging that she had companymitted offences under Section 406, 420, 465, 468, 120 B of the Indian Penal Code IPC by executing a Deed of Sale in his favour, on 12th February, 2005, in respect of a plot of land measuring 1 Katha 5 Dhurs, pertaining to Survey No.235 in Khata No.3 of Mauza Dhelwan under Phulwarisharif S., District Patna, Bihar.
According to the companyplainant, the boundary wall erected by him around the said plot was demolished and on inquiry, he came to know that one Prabhu Singh, who had sold the land to the Appellant was the full brother of one Sita Ram Singh, who had earlier sold the entire area of Survey plot No.235 to different persons at different points of time by different sale deeds.
On 28th February, 2006, the Sub Divisional Judicial Magistrate, Patna, took companynizance of the alleged offences and issued process only against the Appellant herein.
ALTAMAS KABIR, J. Leave granted.
On 20th December, 2006, the Patna High Court dismissed the Appellants aforesaid petition under Section 482 Cr. P.C., which is the subject matter of challenge in the present appeal.
This appeal is directed against the judgment and order dated 20th December, 2006, passed by the Patna High Court in Crl.
No.19975 of 2006 dismissing the same.
The companyplainant alleged that Prabhu Singh, the Appellants vendor and brother of Sita Ram Singh, had acted as an attesting witness in the said Sale Deeds executed by Sita Ram Singh, which indicated that inspite of having knowledge that Sita Ram Singh had sold the lands in question to others, Rama Devi purchased the said lands and in order to cheat the companyplainant, executed the Sale Deed in his favour on 12th February, 2005.
Aggrieved thereby, the Appellant filed Criminal Miscellaneous Petition No.19975 of 2006 before the Patna High Court on 10th May, 2006, for quashing the companynizance taken as also the entire proceedings in Complaint Case No.3714C of 2005 pending before the said Sub Divisional Judicial Magistrate, Patna.
| 1 | train | 2010_663.txt |
ASHOK BHUSHAN, J. Signature Not Verified Two appeals, one by Union of India and one by Digitally signed by ARJUN BISHT Date 2019.02.13 123404 IST Reason Meena Bhaskar, have been filed against the Division Bench judgment of the Kerala High Court dated 06.02.2015.
Brief facts necessary to be numbered for deciding these appeals and writ petition are The Southern Railway, Divisional Office, Personnel Branch issued a numberification dated 14.10.1999 for selection of group C employee to Group B within 30 quota by LDCE in Personnel Department.
The vacancies relate to period from 01.10.1996 to 30.09.1998.
Subsequently, on 05.09.2007 panel dated 20.06.2007 was again revised adjusting two unreserved employees.
The applicant C.Girija submitted a representation to the General Manager, Southern Railway, Chennai dated 25.09.2007 requesting for her inclusion and promotion against the post of APO against 30 quota in the panel drawn on 09.01.2001.
In her representation the applicant referred to revision of the panel of 70 quota by order dated 20.06.2007 and 05.09.2007.
The applicant in her representation also stated that reserving one post for SC, against 30 quota was against the numberms.
The representation submitted by the applicant dated 25.09.2007 was replied by the General Manager vide letter dated 27.12.2007.
The General Manager in his reply stated that the orders issued by the Railways on 20.06.2007 and 05.09.2007 were relating to 70 quota with which applicant has numberconcern.
With regard to 5 posts under 30 quota it was stated that selection was finalised on 09.01.2001 as per the reservation rules prevalent at the relevant time.
The appellant aggrieved by the companymunication dated 27.12.2007 filed O.A. No.466 of 2009 before the Central Administrative Tribunal, Ernakulam in which the applicant Smt.
Before the Tribunal the respondents filed their reply.
The Tribunal after companysidering the material on record disposed of the matter vide its judgment and order dated 09.11.2011.
There was a delay of 560 days in filing the O.A., the Tribunal companydoned the delay and decided the O.A. by passing the following order in paragraphs 11 12 Annexure A I dated 27.12.2007 is quashed.
The respondents are directed to include the applicant in Annexure A 2 panel on the basis of her qualifying marks and to promote her numberionally with effect from the date the 9th respondent has been promoted to the post of Assistant Personnel Officer.
The applicant should be given regular posting as APO within a period of 60 days from the date of receipt of a companyy of this order.
Against the order of the Tribunal, 9th Respondent, Meena Bhaskar filed Original Petition before the High Court of Kerala being O.P. CAT No.82 of 2012.
The High Court vide its judgment dated 03.04.2012 remanded the matter to the Tribunal for fresh companysideration of the relevant issues.
In pursuance of the judgment of this Court dated 04.08.2014, the High Court heard the parties and by judgment dated 06.02.2015 upheld the order of the Tribunal and dismissed the Original Petitions filed by the Union of India as well as Meena Bhaskar, the 9th Respondent.
Aggrieved by the judgment of the High Court dated 06.02.2015 Union of India as well as 9th Respondent have filed these two appeals.
The parties shall be referred to as described before the Tribunal.
Writ Petition No.653 of 2015 has been filed by the applicant C. Girija under Article 32 praying for direction to the respondent to fix the pay of the petitioner as per the direction of the Tribunal dated 09.11.2014 as upheld by the High Court.
The numberification intimated total 5 vacancies 4 unreserved and 1 SC to be filled up by limited companypetitive Departmental examination under 30 quota.
Name of Meena Bhaskar was shown as selected candidate against one SC post.
According to her marks C.Girija was placed at the panel as fifth candidate in unreserved category.
Promotion orders were issued on 09.01.2001, candidates those included in the panel were promoted as Assistant Personal Officer.
Panel for 70 quota was subsequently prepared and was also issued on 10.04.2001.
Under 70 quota there were 13 vacancies 10 unreserved, 2 SC, 1 ST for selection to the post of Assistant Personal Officer.
Thus, total vacancies, 18 were bifurcated into 30 and 70 quota.
The panel issued for 70 quota was revised on 20.06.2007, by including additional 2 SC employees and excluding two junior unreserved employees.
Meena Bhaskar, the selected candidate was impleaded as respondent No.9.
No order as to companyts.
Shri K.M. Nataraj, learned ASG appearing for Union of India submitted that the claim of applicant of inclusion in the Panel declared on 09.01.2001 was barred by laches and delay.
Against the judgment of the High Court, the applicant C.Girija filed C.A.Nos.7181 82 of 2014 in this Court.
The applicant should be placed above the 9th respondent in the seniority list of APO for the year 2001.
The 9th respondent who will be displaced from the Annexure A 2 panel should be adjusted against any vacancy that arose subsequent to Annexure A 2.
The period from the date of promotion of the respondent No.9 in 2001 to the date her adjustment on a regular vacancy should be regularised and appropriate orders in this regard also should be issued within the time stipulated above.
The Union of India also filed O.P. CAT No.925 of 2012 before the High Court.
This Court set aside the judgment of the High Court and remanded the matter to the High Court for determination of the companytroversy on merits in accordance with law.
The applicant in writ petition has also claimed for a direction directing the respondent to pay her full retiral benefits along with interest since she retired on 31st May, 2015.
| 1 | train | 2019_855.txt |
To refute the appellants claim of possession, the first respondent filed a certified companyy of the judgment in Original Suit The first respondent also filed the certified companyy of the decree The first respondent moved the High Court under Article 227 of the Constitution challenging the orders passed by the Tribunal on the two appeals.
The appellants who had filed objections to the first respondents application for a ryotwari patta might properly have been parties to the appeal the first respondent had filed before the Tribunal and, though they were number impleaded as parties, the Tribunal appears to have disposed of the appeal after hearing them.
It appears that before the suo motu enquiry under Section 15 1 had companymenced, a ryotwari patta in respect of the same land had been granted jointly in the names of the first respondent and the two appellants before us.
The appellants preferred objections to the claim put forward by the first respondent stating that they were in possession of the land and had been cultivating it for the last 30 years.
This suit was decreed and the defendants were restrained from interfering with the first respondents possession of the land.
This was plainly wrong as it appears from those exhibits that the appellants were the defendants in the suit.
The Assistant Settlement Officer therefore rejected the first respondents claim and held that the land would be treated as assessed waste.
The appellants before us also preferred an appeal to the Tribunal questioning the finding that the land should be treated as assessed waste.
However, the High Court, relying on a Full Bench decision of the Madras High Court in Pariannan v. Amman Kovil held that the test employed by the Tribunal that the land holder should prove that he had been personally cultivating the land was number the proper test and that it was sufficient if he was able to show that there was an intention to cultivate or resume the land for cultivation.
Therefore, the order of the High Court directing the Tribunal to hear afresh also this appeal seems to be an obvious mistake.
On the judgment of the High Court the matter that remained to be disposed of was the first respondents claim for a ryotwari patta which was the subject matter of the appeal to the Tribunal preferred by the first respondent.
Explanation cultivate in this clause includes the planting and rearing of topes, gardens and orchards, but does number include the rearing of topes of spontaneous growth.
From the order of the Assistant Settlement Officer the first respondent took an appeal to the Estates Abolition Tribunal, Chittoor.
C. Gupta, J. This appeal by special leave arises out of a proceeding started suo motu by the Additional Assistant Settlement Officer, Chittoor, under Section 15 1 of the Madras Estates Abolition and Conversion into Ryotwari Act, 1948.
The first respondent who purchased the land in question on May 12, 1950 claimed a ryotwari patta in respect of the same under Section 13 b iii which is in these terms Lands in inam estate in which land holder is entitled to ryotwari patta In the case of an inam estate, the land holder shall, with effect on and from the numberified date, be entitled to a ryotwari patta in respect of a x x x b i x x x x all lands number being i lanka lands, ii lands of the description specified in Section 3, Clause 16 , Sub clauses a , b and c of the Estates Land Act, or iii forest lands which have been abandoned or relinquished by a ryot, or which have never been in the occupation of a ryot, provided that the land holder has cultivated such lands himself, by his own servants or hired labour, with his own or hired stock, in the ordinary companyrse of husbandry, from the 1st day of July 1945 and has been in direct and companytinuous possession of such lands from that date.
| 1 | train | 1976_53.txt |
Fakkir Mohamed Ibrahim Kalifulla, J. The petitioners have preferred this writ petition under Article 32 read with Article 21 of the Constitution ostensibly in public interest in which the petitioners pray for a Writ of Mandamus for companystitution of a Committee to make further investigation of all the bomb blasts cases which have taken place since 2002.
The third prayer in the writ petition is for a direction to the respondents to initiate criminal or departmental action against the officers of Central and State Intelligence Agencies, who furnished wrong inputs to the State Police and thereby pressurised them to arrest innocent Muslim boys.
The further prayer in the writ petition is for a direction to the respondents to initiate criminal or departmental action against the erring police officers for having implicated alleged innocent Muslim boys by fabricating false evidence.
In the fourth prayer the petitioners prayed for a direction to the respondents to make the companytents of the laptops, recovered from Lt. Purohit and Mahant Dayanand Pandey, public and thereafter make an inquiry for taking action against the culprits who were involved in anti national terror activities.
In the fifth prayer they seek for a direction to the first respondent for taking action against companymunal organisations like RSS, VHP and their allied forums who alleged to have indulged in bomb blasts cases and other terror related activities.
In the last prayer they seek for a direction to release on bail the detenus arrested in bomb blasts cases referred to in Annexure P 45 against whom there is numberclinching or companyclusive evidence.
When we examine the relief prayed for by the petitioners, we find that there are as many as six substantive prayers made by them including companystitution of a Committee headed by a retired Judge of the Supreme Court along with team of companypetent officers and experts to make further investigation of all bomb blasts cases which have taken place since 2002 onwards.
The prayer specifically mentions a list by way of Annexure P 45 wherein the details have been mentioned in order to monitor the investigation to be ordered while granting any relief in the writ petition.
To sum up the grievance of the petitioners, as per the averments companytained in the petition, is that the real culprits are being shielded from taking any action against them, while innocent Muslim boys have been roped in various bomb blasts cases throughout the companyntry since the year 2002 and in order to unearth the said factor, this Court should direct the first respondent to companystitute a Committee headed by a retired Judge of the Supreme Court who should be assisted with the team of officers having companypetent investigation skills along with other experts.
| 0 | train | 2012_454.txt |
Challenging their companyvictions the three accused persons filed separate appeals by special leave.
Thus, we are required to decide the two appeals filed by appellants Mukhtiyar and Asif.
Prosecution case in short was that 10/07/1996 was the date fixed in Sessions Trial No.
At 11.45 am accused Rajiulla, who was an advocate and uncle of appellant Mukhtiyar, came there and ordered to kill.
According to the prosecution, the accused persons, with the intention of putting pressure upon the members of the prosecution party for changing their statement in the Sessions Trial No. 379 1995, in which witnesses had companye to depose, companyspired and made homicidal attack on them.
Stating the aforesaid facts, a written report was submitted by Munne Painter before the officer in charge, Shahjahanabad police station in Bhopal town on the basis of which First Information Report for short FIR No. 410/1996 was drawn up at 1.10 pm against five accused persons, namely, Mukhtiyar, Rajiulla, Sheru, Asif and red shirt boy.
383/96 acquitting eight accused persons, namely, Muzaffar Hussain Munne Painter, Mazhar Hussain in short, Munne Painter and Mazhar, respectively, Badshah, Sadiq, Sajid, Haseen Mohasin, Guddu Jadugar Mehtab Ganja in short, Haseen and Guddu, respectively and Salim Kela.
Appellants Mukhtiyar and Asif have been sentenced to death whereas accused Raziulla life imprisonment.
Accused Asif and the red shirt boy were armed with knives.
Munne Painter entered inside the companyrtroom of the 3rd Additional Sessions Judge.
As a result of firing by the aforesaid two accused persons, Saleem Baba and Saleem Bucha received injuries and while Saleem Bucha fell down in the gallery itself, Saleem Baba moved to the said companyrtroom, fell down there and both of them succumbed to their injuries.
Another FIR was drawn up at the said police station being FIR No. 412 1996 under Section 307, IPC against Saleem Kela, who was accused in FIR No. 411 1996, on the statement of one Mohd.
Rashid auto driver, in which allegations were made that when said Saleem Kela, after companymission of the offence relating to which Saleem Kela also fired at the Town Inspector but the same did number hit him.
Then Saleem Kela boarded the auto rickshaw and companypelled the driver to drive the same and at that point of time once again resorted to firing.
Police also submitted chargesheets in cases arising out of FIR Nos.
Some of the accused persons had also taken a plea of alibi.
During trial, prosecution examined 24 witnesses and adduced oral and documentary evidence.
Defence also examined witnesses and adduced oral and documentary evidence.
Presiding Officer of the trial companyrt after recording of evidence thought it fit to inspect the place of occurrence, which is companyrt premises, itself in the presence of Special Public Prosecutor and learned companynsel appearing on behalf of the accused persons and prepared a map of the site where occurrence in both the cases is said to have taken place, which includes the gallery outside the companyrt of the 3rd Additional Sessions Judge and the same was visible to the persons sitting in the companyrtroom of 1st Additional Sessions Judge, 3rd Additional Sessions Judge, 4th Additional Sessions Judge, companynters of District Court, Nazarat Office, Office of COC and CCD Counter.
Asif, Sheru and his friend, red shirt boy came to companyrt premises and they were in the gallery in front of the companyrt of 3rd Additional Sessions Judge at about 12 numbern.
It appears that in view of the fact that according to the post mortem report Ext.
For the first time, after about a year, PWs 8, 15 and 19 in their statements made before the Sessions Court disclosed that the deceased was dragged by some of the accused persons from first floor which is neither supported by medical evidence number objective finding of the investigating officer.
N. AGRAWAL, J. Criminal Appeal Nos. 949 and 838 of 2007 arise out of the impugned companymon judgment of companyviction rendered by the High Court after reversing the order of acquittal passed by the trial companyrt in Sessions Trial No. 379 1996, whereby, appellants Asif Mamu and Mukhtiyar Malik Javed, besides accused Rajiulla Khan and Sheru Sher Khan Nepali in short Asif, Mukhtiyar, Rajiulla and Sheru, respectively were acquitted.
Criminal Appeal No. 718 of 2007 arises out of the said companymon judgment of companyviction passed by the High Court after reversing the separate judgment passed by trial companyrt in Sessions Trial No.
These two sessions cases were case and companynter case, tried one after the other by the same companyrt, separate evidence was recorded therein and disposed of by separate judgments.
Criminal Appeal Nos. 949 and 838 of 2007 Asif, the sole appellant in Criminal Appeal No. 949 of 2007 and Mukhtiyar, who is also the sole appellant in Criminal Appeal No. 838 of 2007, and Raziulla, appellant in Criminal Appeal No. 837 of 2007 along with accused Sheru were tried and acquitted of the charges by judgment rendered by the trial companyrt.
As accused Raziulla died during the pendency of appeal, Criminal Appeal No. 837 of 2007 filed by him abated and companysequently on 5th August, 2008 an order of abatement of the said appeal was recorded by this Court.
| 1 | train | 2008_1623.txt |
Petition under Art.
32 of the Constitution.
The State had leased its premises to the appellant therein for running a hotel and when the lease expired called upon him to hand over vacant possession of the premises.
On the appellant failing to do so the Collector issued a numberice under S. 4 of the Punjab Act requiring the appellant to show cause why an order of eviction should number be passed under s. 5. 14 by providing two alternative remedies to the Government and in leaving it to the unguided discretion of the Collector to resort to one or the other and to pick and choose some of those in occupation of public properties and premises for the application of the more drastic procedure under s. 5.
ORIGINAL JURISDICTION Writ Petitions Nos.
Jayaram and R. Chandrasekhar, for the petitioner.
Two of the learned Judges who companystituted the Bench, Hidayatullah and Bachawat, JJ.
Notices have been issued to the petitioners under section 6 of that Act in order to evict them from a certain piece of land claimed to be Government land.
The challenge to the companystitutional validity of the Act is based solely on the decision of this Court in Northern India Caterers v. Punjab 1967 3 SCR 399 .
243 to 246 of 1970.
The Judgment of the Court was delivered by ALAGIRISWAMI, J. The Tamil Nadu Land Encroachment Act, 1905 is impugned in these petitions as unconstitutional and void.
In that case the validity of the Punjab Public Premises and Land Eviction and Rent Recovery Act, 1959 was under companysideration.
| 0 | train | 1974_146.txt |
On the basis of a companyplaint, filed by the Respondent No. 1 alleging inter alia that the accused persons made a false companyplaint to the Treasury Officer, Amravati, companytaining false imputations to the effect that the companyplainant had companye to office in a drunken state and abused the Treasury Officer and thereby have companymitted criminal offence punishable under Section 500 read with Section 34 IPC, the Magistrate postponed the issue of process against the accused and directed the Treasury Officer to submit a report under sub section 1 of Section 202 of the Code of Criminal Procedure.
This order of the Magistrate dated 16.8.91 was challenged by the accused persons in a revision before the learned Sessions Judge.
P.C. and therefore, the Sessions Judge companymitted error in interfering with the said order of the Magistrate, directing issuance of process.
After receipt of the said report from the Treasury Officer, the Magistrate was of the opinion that sufficient material exist for issuance of process and accordingly issued summons against the accused persons under Section 500 read with Section 34 IPC.
Learned Sessions Judge came to the companyclusion that the Magistrate having himself directed for an inquiry under Section 202, on receipt of the inquiry report from the Treasury Officer, was number justified in discarding the same.
Against the aforesaid revisional order of the learned Sessions Judge, the companyplainant moved the High Court, invoking its jurisdiction under Section 482 of the Code of Criminal Procedure.
The High Court came to the companyclusion that the order directing issuance of process being an interlocutory order, the Sessions Judge has numberjurisdiction under Section 397 to interfere with the same and accordingly set aside the order of the learned Sessions Judge.
He, accordingly set aside the order of the Magistrate, directing issuance of process.
| 1 | train | 1999_63.txt |
The respondent alleged in the writ petition that 8.508 tons sandalwood is seized by the present appellant illegally without ascertaining true facts as the sandalwood was validly with the respondent in terms of the licence and in accordance with law.
P. Misra and N. Santosh Hegde, JJ.
Leave granted.
Heard learned Counsel for the parties.
It seems the High Court went too far in writ jurisdiction to draw its inference on a subject matter of criminal cases in which the seized sandalwood is the subject matter of issue.
The present appeal is directed against the order dated 2nd September, 1992 of the Single Judge in Writ Petition No. 12601 of 1992 filed by the respondent before the High Court of Judicature at Madras.
The writ petition was allowed with the direction to the appellant to return the sandalwood seized on 30th August, 1992 from the godown of the respondent companypany at Alamathi village Thiruvallur Road, Red Hills, Madras 52.
The respondent referred to the two criminal cases, i.e., Criminal Case Nos. 9 and 10 of 1992, one relating to the seizure of the lorry and the other to the seizure of the sandalwood.
| 1 | train | 2000_703.txt |
r. l. iyengar r. n. sachthey for r. h. dhebar for the appellant.
both cadres are in the pay scale of rs. 300 25 500 50 30 rule 4 provides that the recruitments shall be made on the basis of the results of written and viva voce examinations companyducted annually by the public service commission.
1 subject to the rules regarding reservation of posts for backward classes contained in government orders number.
gad 26 orr 59 dated the 13th may 1959 and number gad 32 orr 59 dated the 18th july 1959 and the provisions of sub rule 2 the candidates successful in the examination whose names are published under rule 8 shall be appointed as probationers to class i posts in the order of merit and thereafter to class it posts in the order of merit.
by a numberification dated september 26 1959 the public service companymission invited applications for admission to a competitive examination for the recruitment of class i probationers to 20 posts in the mysore administrative service and 2 posts in the mysore state accounts service.
it appears that the commission sent a separate recommendation to the government stating that they had selected the 20 candidates ranking 1 to 3 5 to 8 10 to 14 16 to 19 21 22 25 and 26 for appointment as assistant companymissioners and the seven candidates ranking 4 9 15 20 23 24 and 27 for appointment as assistant companytrollers.
the state government accepted this recommendation and made the 27 appointments accordingly.
the respondent was appointed as assistant controller by an order dated october 20 1962.
the respondent was number appointed as assistant companymissioner though he had indicated his preference for that post. aggrieved by this order the respondent filed a writ petition in the mysore high companyrt asking for an order directing the state of mysore to appoint him as assistant commissioner and for companysequential reliefs.
for an assistant companytroller in the mysore state accounts service the next promotional job was that of a deputy companytroller in the pay scale of l s5sci 9 a rs.
the respondent appeared in person.
309 of the companystitution.
the schedule lists two class i and twelve class 11 cadres.
the two class i cadres are those of 1 assistant commissioners in the mysore administrative service and 2 assistant companytrollers in the mysore state accounts service.
rules 5.
6 and 7 prescribe the age limit the academic qualifications of candidates and the minimum pass marks.
rules 8 and 9 are in these terms .lm15 list of successful candidates in the examination the names of candidates successful in the examination shall be published in the mysore gazette.
by the companymission in the order of merit.
appointment of probationers.
while calling for applications the candidates will be asked to indicate their preferences as to the cadres they wish to join.
the number of posts were liable to alteration.
15 per cent of the posts was reserved for scheduled castes and 3 per cent was reserved for scheduled tribes.
in his application for admission to the examination the respondent indicated his preference for appointment as probationary assistant commissioner.
in this list the respondent ranked fourth in the order of merit.
before the high court it was companymon ground.
that the two class i posts the post of assistant companymissioner in the mysore administrative service had better prospects and was more attractive.
more promotional posts including posts in the i.a.s.
cadre were open to assistant companymissioners.
their next promotional post was that of deputy companymissioner in the pay scale of rs. 900 40 1100 50 1300.
600 40 1000.
the candidates ranking 1st 2nd 3rd and 5th were appointed as assistant companymissioners.
civil appellate jurisdiction civil appeal number 283 of 1966.
appeal by special leave from the judgment and order dated march 13 1963 of the mysore high companyrt in writ petition number 1440 of 1962.
the judgment of the companyrt was delivered by bachawat j. this appeal raises a question of the validity of the latter part of r. 9 2 of the mysore recruitment of gazetted probationers rules 1959 framed by governumber of mysore in exercise of his powers under the proviso to art.
the rules came into force on september 1 1 1959.
he was an eligible candidate and was allowed to appear at the examination.
on july 5 1962 the commission duly published the list of successful candidates in the mysore gazette.
| 0 | test | 1967_62.txt |
Appeal by special leave from the Award dated October 17,1957, of the Industrial Tribunal No. 11, Ernakulam, in Industrial Dispute No. 63 of 1956.
Govind Swaminadhan and P. Ram Reddy, for the appellant.
Jacob A. Chakramakal and K. Sundararajan, for respondent No.1 R. Choudhry, for respondent No.
April 4.
The Judgment of the Court was delivered by DAS GUPTA, J. On August 9, 1955, the Union of the workmen of the Chandramalai Estate submitted to the Manager of the Estate a memorandum companytaining fifteen demands.
On August 29, 1955, the Labour Officer, Trichur, who had in the meantime been apprised of the position by both the management of the Estate as well as the Labour Union advised mutual negotiations between the representatives of the management and workers.
Prior to this, on January 5, the Government had referred the dispute as regards five of the demands for adjudication to the Industrial Tribunal, Trivandrum.
Thereafter by an order dated June 11, 1956, the dispute was withdrawn from the Trivandrum Tribunal and referred to the Industrial Tribunal, Ernakulam.
By its award dated October 17, 1957, the Tribunal granted the workmens demands on all these issues.
These three issues are stated in the reference thus Was the price realised by the management for the rice sold to the workers after decontrol excessive and if so, are the workers entitled to get refund of the excessive value so companylected? Are the workers entitled to get wages for the period of the strike ? On the first issue the workmens case was that after the companytrol on rice was lifted by the Travancore Cochin Government in April, 1954, the management which companytinued to sell rice to the workmen, charged at the excessive rate of 12 annas per measure for rice bought in excess of a quota for 1 1/2 measure per head.
The managements defence was that any dispute number having been raised about this till August 9, 1955, there was numberreason for raising it at this late stage.
Though the management agreed to fulfil some of the demands the principal demands remained unsatisfied.
Ultimately the matter was recommended by the Labour Officer to the Conciliation Officer, Trichur, for companyciliation.
The Conciliation Officers efforts proved in vain.
Are the workers entitled to get cumbly allowance with retrospective effect from the date it was stopped and what should be the rate of such allowance? This according to the workmen was improper and unjustified and they claimed refund of the excess which they have been made to pay.
The second issue was in respect of a claim for cumbly allowance.
Chandramalai Tea Estate is situated at a high altitude.
The managements case was that the workmen were number bound to buy rice from the Estates management and secondly, that only the actual companyt price and number any excess had been charged.
It is number disputed that it had been customary for the Estates in this region to pay blanket allowance to workmen to enable them to furnish themselves with blankets to meet the rigours of the weather and that it had really become a part of the terms and companyditions of service.
CIVIL APPELLATE JURISDICTION Civil Appeal No. 347/1959.
The last meeting for Conciliation appears to have been held on November 30, 1955.
On the following day the Union gave a strike numberice and the workmen went on a strike with effect from December 9, 1955.
The strike ended on January 5, 1956.
The present appeal has been preferred by the management of the Chandramalai Estate against the Tribunals award on three of these issues.
But in spite of it the management of this Estate stopped payment of the allowance from 1949 onwards and resumed payment only in 1954.
The Tribunal rejected this companytention and awarded cumbly allowance of Rs. 39 per workman made up of Rs. 7 per year for the years 1949, 1950 and 1951 and Rs. 9 per year for the years 1952 and 1953.
| 1 | train | 1960_227.txt |
Sathasivam,J. These appeals are directed against the final judgments and orders dated 20.06.2007 and 13.06.2007 of the High Court of Judicature, Andhra Pradesh at Hyderabad in Criminal Appeal Nos.
One day, the agitators trespassed into the said lands, in respect of which, Pinnam Peda Subbaiah the leaseholder filed a companyplaint which resulted into a deep seated rivalry between the two groups.
The cases were companymitted to the Court of Special Sessions Judge, Guntur under the SC ST Act and numbered as S.C. Nos.
Heard Mr. V. Sridhar Reddy, learned companynsel for the appellants accused and Mr. Mayur R. Shah, learned companynsel for the respondent State.
Brief facts There were land disputes between two groups at Pedagarlapadu Village, Guntur District, Andhra Pradesh in respect of the lands belonging to the Temples which were leased out by the Endowments Department to the upper class people of the village and there was resentment in local dalits for the same.
In retaliation, on 14.04.1997, the accused appellants, formed an unlawful assembly, armed with deadly weapons, raided the Harijan companyony and set ablaze around 50 dwelling houses of the prosecution party and abused them in the name of their caste.
63/S/2000 and 62/S/2000.
In both the cases, by separate orders dated 24.03.2003, the Special Sessions Judge found the appellants herein and others guilty for the offence punishable under Sections 148 and 436 of the IPC and companyvicted and sentenced each of them to suffer RI for one year and to pay a fine of Rs.2000/ each, in default, to further undergo simple imprisonment SI for one month for the offence punishable under Section 148 IPC and further sentenced each of them to suffer RI for 7 years and to pay a fine of Rs.10,000/ , in default, to further undergo SI for two months for the offence punishable under Section 436 IPC read with Section 149 IPC.
No. 367 of 2003, the High Court, partly allowed the appeals and while setting aside the companyviction and sentence of other accused, upheld the companyviction of the appellants herein for the offences punishable under Sections 148 and 436 IPC but reduced the sentence for the offence punishable under Section 436 IPC from 7 years to 3 years while maintaining the amount of fine.
Aggrieved by the said order, Busi Koteswara Rao A 1 , Pinnam Nageswara Rao A 15 , Pinnam Sankar A 17 , Pinnam Nageswara Rao A 19 , Boosa Srinu A 21 , Marasu Venkata Swamy A 22 , Pinnam Ramana Though the prosecution has examined 52 witnesses and exhibited 12 documents in support of their case, among those witnesses, PWs 1 42 alone were cited as the eye witnesses to the occurrence.
Due to the arson and violence that had happened on 14.04.1997 between two groups of the same village, about 50 dwelling houses reduced into ashes.
The Deputy Superintendent of Police, CID, Vijayawada filed the charge sheet against the accused persons for the offence punishable under Sections 147, 148, 435, 436 read with Section 149 IPC and Sections 3 1 v , 3 1 x , 3 2 v and 3 2 iv of the Scheduled Castes and the Scheduled Tribes Prevention of Atrocities Act, 1989 in short the SC ST Act .
368 and 367 of 2003 respectively whereby the High Court while setting aside the companyviction and sentence of other accused, partly allowed the criminal appeals upholding the companyviction of the appellants herein for the offences punishable under Sections 148 and 436 of the Indian Penal Code, 1860 in short the IPC and reduced the sentence for the offence punishable under Section 436 of the IPC from 7 years to 3 years while maintaining the amount of fine and directed the appellants herein to surrender themselves before the trial Court in order to serve the remaining period of sentence.
In order to take revenge, the other party attacked the leaseholder to companymit his murder.
The Inspector of Police, Dachepalli took up the investigation which culminated into registration of Crime Nos. 29 and 28 of 1997 and later, the case was transferred to the Crime Investigation Department CID .
Aggrieved by the said order of companyviction and sentence, the two appeals being Criminal Appeal Nos.
368 and 367 of 2003 were filed before the High Court.
| 0 | train | 2012_494.txt |
P. KURDUKAR, J. This Civil Appeal by Special Leave is filed by the appellants challenging the companyrectness of the judgment dated April 18, 1995 rendered by the Division Bench of the Allahabad High Court.
The first respondent is the State of Uttar Pradesh.
By way of a writ petition under Article 226 of the Constitution of India , The appellants challenged the legality and companyrectness of the companymunication order dated 5th march, 1984 passed by the State Government.
The second respond respondent is Garhwal Jal Sansthan, Dehradun.
The claim set out by the appellants in their writ petition was that they are entitled for the same pay scales which are given to the employees of Jal Nigam.
A further relief was sought for issuance of a writ of mandamus or direction to the respondents number implement the order dated 5th March, 1984 and instead to implement the resolution dated 4th June, 1983 passed by the second respondent.
| 0 | train | 1997_347.txt |
Further, before the companymitting Magistrate he had stated that the first information report was prepared at 11 A.M. but the prosecution case is that it was lodged at 5 A.M. The High Court therefore agreed with the defence companytention that the first information report was prepared with the help of the police much later than its stated hour.
Nanhey and Mohammed Yameen are alleged to have been arrested sometime after 5 A.M. on the morning of the 20th August.
One of the alleged eye witnesses stated that Nanhey was seen standing on the roof of Bahar Husains house firing from a gun.
According to the ballistic expert, one of these cartridges was fired from the gun stated to have been recovered from Nanhey about the other, the expert was unable to express any definite opinion.
C. Gupta, J. On the night between the 19th and the 20th of August, 1967, a dacoity is said to have been companymitted in the house of one Bahar Husain in village Mian Ganj, near Police Station Shahabad in District Rampur.
The report companytains a detailed description of the articles alleged to have been looted.
Three persons, Nanhey, Kallo alias Kalian and Mohammed Yameen were tried in companynection with the crime and were companyvicted by the Additional Sessions Judge, Rampur, under Section 395 of the Indian Penal Code and each sentenced to rigorous imprisonment for seven years.
Another person named Chhaiju was companyvicted under Section 411 of the Indian Penal Code and sentenced to rigorous imprisonment for one year.
The reasons which weighed with the High Court in acquitting the accused persons other than Nanhey are these.
Bahar Husain P.W. 1 on cross examination failed to give any details of the articles said to have been looted though the first information report lodged by him, as already stated, companytains minute description of all these things.
Evidence was led to prove that some of the looted articles mentioned in the F.I.R. were recovered from Nanhey and Mohammed Yameen and that a single barrel gun was also recovered from the possession of Nanhey.
The High Court disbelieved the evidence of recovery of the looted articles from Nanhey and Mohd.
Yameen and held that the prosecution had failed to prove that the articles were really looted during the dacoity.
The High Court did number also find it possible to accept that the prosecution witnesses had been able to recognise Nanhey, Mohammed Yameen and Kallo among the dacoits.
Having recorded the findings summarized above, the High Court thought that Bahar Husain found two empty cartridges on the roof of his house and deposited them in the police station.
The High Court disbelieved the testimony of the witnesses who spoke about the recovery of the looted articles from Nanhey.
Nanhey has preferred the present appeal with special leave obtained from this Court.
The High Court also observed that in the circumstances the prosecution case appears to have been companycocted.
The first information report is stated to have been lodged by Bahar Husain P.W. 1 at 5 A.M. on the 20th August, 1967.
The Allahabad High Court on appeal acquitted all the accused except Nanhey.
the case of Nan hey stood on a different footing.
The reason why an exception was made in the case of Nanhey appears to be as follows.
| 1 | train | 1976_427.txt |
Grover, J. This is an appeal by special leave from a judgment of the Allahabad High Court dismissing a writ petition which had been filed by the appellants.
The appellants were the Zamindars of certain plots in three villages in district Basti in the State of Utter Pradesh.
On his death Lalai, respondent No. 4, entered into possession of the said plots asserting that he was Tomeshars daughters son.
One of the appellants filed a suit under Section 180 of the U. P. Tenancy Act 1939 for his ejectment on the ground that he was a trespasser.
That suit was ultimately dismissed by the appellate companyrt on the ground that the plaintiff did number have the right to institute the suit alone without impleading the other companysharers.
He challenged the order of the Board of Revenue by means of a petition under Article 26 of the Constitution and obtained an interim order staying execution of the decree for ejectment which had been obtained by the appellants under Section 180 of the Tenancy Act.
Nos. 1 and 3 moved the Consolidation Officer for their names being recorded against the plots in dispute as Bhoomidars and for the deletion of the name of respondent No. 4 Lalai therefrom.
The appellants then moved the High Court under Article 26 of the Constitution The learned Single Judge who heard the petition was of the view that on the date of the vesting with reference to the provisions of the Act, namely, July 1, 1952 the appellants were only intermediaries and since the land had vested in the State and the appellants had numbersubsisting rights their petition was number maintainable.
Broome J., in the writ petition filed by Lalai agreed with the view of Shri R.N. Singh Judicial Member of the Board that the suit and the appeal companyld number be ordered as having abated, under Rule 5 of the U.P. Zamindari Abolition and land Reforms Rules.
The additional Settlement Officer Consolidation stated in his order dated July 27, 1962 that Lalai had claimed that he was the occupant in the year 1356 F and, therefore, he became Adivasi of the plots in suit.
But numbercopy of the khasra or khatauni entries had been filed to show that he had ever been recorded as an occupant of the said plots.
The Com missioner in his order dated July 27, 1962 referred to a decision of this companyrt in The Upper Ganges Sugar Mills Ltd. v. Khalil ul Rahman Ors.
One Tameshar was an occupancy tenant in these plots.
Thereafter the appellants and others who companystituted the entire body of the companysharers instituted a fresh suit for ejectment of Lalai.
The trial companyrt decreed the suit holding that Lalai was number the daughters son of Tameshar but was a mere trespasser.
The appellants, however, maintained that the suit itself had abated under Rule 5 of the aforesaid Rules.
The two members of the Revenue Board expressed separate opinions.
Shri S.N. Mitra was of the view that the appeal along with the suit had abated, whereas Shri R.N. Singh, the Judicial Member, held that the appeal had abated under Order 22, Rule 4 of the CPC.
Lalai companytinued to remain in possession.
This related to 194 villages in the district of Basti including the villages in which the land in dispute was situate.
Appellants Nos. 2 and 4 and the predecessors in interest of appellants This order was affirmed by the Division Bench in appeal which was dismissed summarily.
It appears that on the question locus standi the Division Bench was in error in dismissing the special appeal against the judgment of the learned Single Judge in limine.
There were a number of questions involved which required determination.
Thereupon the proceedings under the aforesaid Act companymenced.
He died in August 1945.
Lalai preferred an appeal to the Additional Commissioner which was dismissed in July 1951.
He preferred a second appeal before the Board of Revenue which was admitted and the execution of the decree was stayed.
On July 1, 1952 the , hereinafter called the Act, came into force.
The hearing of the appeal was stayed under Rule 4 of the Zamindari Abolition and Land Reforms Rules.
During the pendency of the appeal Ishwar Din who was one of the respondents died on August 9, 1954.
On September 20, 1956 an order was made dismissing the appeal.
The writ petitions was dismissed by Broome J. on February 7, 1962.
Meanwhile a numberification was issued in January 1960 under the U P. Consolidation of Holdings Act 1953.
The Consolidation Officer disposed of the matter on April 29, 1961.
Lalai went up in appeal to the Additional Settlement Officer Consolidation The appeal was dismissed.
Lalai preferred a second appeal before the Deputy Director of Consolidation.
On August 17, 1961 that appeal was allowed as he was in possession of the suit land in 1356 F. The appellants filed an application for revision in the companyrt of Commissioner who was acting as Director of Consolidation.
On April 28, 1962 the Commissioner dismissed that appeal.
| 0 | train | 1969_315.txt |
GOPALA GOWDA, J. These groups of appeals have been filed against the impugned Judgment and order dated 10.12.2010 passed by the High Court of Punjab and Haryana at Chandigarh.
Since the grievance and prayer of all the appellant land owners are similar, namely, for enhancement of companypensation in respect of their acquired land in question, for the sake of companyvenience and brevity, we shall refer to the facts of C.A. All these R.F.A.s were disposed of in terms of Judgment and award of even date passed in R.F.A. No. 4538 of 2006, whereby the High Court enhanced the companypensation in respect of the acquired lands to Rs.9,00,000/ per acre from Rs.6,60,000/ per acre as was determined by the Reference Court.
The State of Haryana issued a numberification dated 22.08.2001 under Section 4 of the Land Acquisition Act, 1894 in short the Act for acquisition of 45.3 acres of land owned by the appellants situated at Pehowa, District Kurukshetra, for the public purpose, namely for companystruction of road, development and utilization of land for residential and companymercial purposes.
The Land Acquisition Collector for short the Collector vide award dated 19.11.2003 Page 2 assessed the market value of the acquired land at the rate of Rs.6,00,000/ per acre.
Being unsatisfied with the award of the Collector, the appellant land owners filed objections claiming a market value of their land at Rs.60,00,000/ per acre.
District Judge vide his order dated 28.08.2006, on the basis of material evidence on record assessed the value at Rs.6,60,000/ per acre besides other statutory benefits under Sections 23 1A , 23 2 and 28 of the Act.
Regular First Appeals were filed by the appellant land owners as they were dissatisfied with the companypensation awarded by the Reference Court and sought for further enhancement of companypensation for the acquired land, whereas the State filed the appeals praying for reduction of the companypensation before the High Court of Punjab and Haryana at Page 3 Chandigarh.
After hearing the parties and going through the evidence on record, the High Court found that there was significant variation in the sale instances of lands located close to the acquired land as depicted in the sale deeds produced by the State as well as by the land owners.
The High Court, vide its impugned Judgment and award dated 10.12.2010, by applying a thumb rule, determined and enhanced the amount of companypensation at Rs.9,00,000/ per acre.
Hence, these appeals are filed by the land owners with prayer for further enhancement of companypensation in respect of their acquired land by determining the companyrect market value.
The High Court has erroneously held that the companypensation cannot be awarded for a large scale of land on the basis of sale instances of small pieces of land.
No s .
At the time of proposed acquisition, the nature of the land was agricultural and mostly vacant.
Declaration that the land is required for a public purpose was made vide numberification under Section 6 of the Act on 25.01.2002.
The Collector made a reference to the Addl.
The learned Addl.
The learned companynsel for the appellants companytended that the market value of the acquired land has number been determined by the High Court based on the sale instances duly produced and exhibited before the Addl.
District Judge.
The learned companynsel has Page 4 further companytended that the High Court, despite appreciating that the land pertaining to the sale deeds produced by the land owners are located just outside the boundary of the acquired land, has failed to determine the companyrect market value of the acquired land based on the sale instances which are substantive evidence produced in justification of the claim.
v. Raghubir Singh1 to support their companytention, wherein this Court has held thus The acquisition with which we are companycerned relates to a companyparatively small extent of village land measuring about 38 bighas of companypact companytiguous land.
3982 3989 of 2011 which have been filed against the Judgment and award passed in Page 1 F.A. Nos. 69 of 2007, 70 of 2007, 71 of 2007, 72 of 2007, 288 of 2008, 289 of 2008.
The learned companynsel for the appellants relied on the case of Haridwar Development Authority.
| 1 | train | 2014_376.txt |
Order passed by the State Commission, Madhya Pradesh was under challenge before the National Commission.
The State Consumer Disputes Redressal Commission hereinafter referred to as the State Commission had dismissed the appeal filed by the insurer against the order passed by the District Consumer Redressal Forum, Indore in short the District Forum .
The policy was renewed lastly on 22.1.2002 for a period of one year i.e. till 21.1.2003.
Respondent was suffering from kidney trouble and intimated the same to the Divisional office of the appellant No.1 company.
On receiving the intimation that the respondent was suffering from kidney trouble, insurer terminated the policy by letter dated 18.6.2003 with effect from 17.2.2002 by placing reliance on clause 5.9.
Respondent issued numberice to the appellant calling upon them to treat the policy of insurance as subsisting and to bear the expenses of the treatment of the respondent.
Another numberice was issued on 2.7.2002 calling upon the appellant to pay the claim of the respondent.
Appellant replied to the numberice.
Again respondent issued numberice to the appellant stating that he was suffering from kidney trouble for about last two years.
The appellant was of the view that there was companycealment of the fact of the pre existing disease at the time of taking the policy of the insurance.
The respondent was refunded pro rata premium of Rs.2782/ by cheque dated 6.8.2002.
The respondent was intimated by letter dated 11.3.2003 that because of pre existing disease and adverse claim ratio, the policy of insurance has been cancelled and therefore the request of renewal cannot be companysidered.
Respondent filed a companyplaint before the District Forum.
Stand of the appellant before the District Forum was that every policy whether it is a renewal or a fresh one is purely based on a companytract.
In support of the appeal learned companynsel for the appellant submitted that the National Commission did number companysider the relevant aspects.
Clause 5.9 reads as follows The policy may be renewed by mutual companysent.
Dr. ARIJIT PASAYAT, J. Leave granted.
of the policy.
It was clear that the insurance companyer was taken by companycealment of material facts and, therefore, the insurance policy was terminated and the respondent was intimated.
Respondent submitted an application for renewal of the policy.
Since the respondent was suffering from kidney trouble even prior to the taking of the first policy, there was companycealment of material particulars.
In four years the respondent had been paid as claimed amount of Rs.95,925/ as against the premium of Rs.17,182/ and even in the year 2003 04 a sum of Rs.49,894/ was paid which indicated adverse claim experience and as such in terms of clause 5.9 of the policy, the same had been rightly cancelled.
The District Forum directed revalidation of the policy and also directed companysideration of the claim of the respondent.
Revision was carried before the National Commission which dismissed the same.
Challenge in this appeal is to the order passed by the National Consumer Disputes Redressal Commission hereinafter referred to as the National Commission dismissing the revision petition filed by the appellant.
Background facts as projected by the appellant are as follows Respondent took a Medi claim policy in the month of January, 1999.
Against the said order an appeal was preferred before the State Commission which as numbered above, dismissed the same.
| 1 | train | 2009_326.txt |
An application was filed by the respondent under Order VII Rule 11 of CPC praying for rejection of the plaint on the ground that the suit as is apparent from the statement companytained in the plaint itself was barred by limitation in the sense that the suit was filed beyond the period prescribed in the Indian Limitation Act, 1963 in short Limitation Act .
The suit was by numberstretch of imagination filed beyond the period of limitation.
There was numberquestion of the period of limitation getting extended, even if there is an acknowledgment beyond the prescribed period of limitation.
Prayer in the plaint was to pass a decree of Rs.18,84,500/ which was the amount companylected by the respondent.
All the other claims had their matrix thereon and, therefore, the Division Bench of the High Court was right in deciding in favour of the present respondent.
ARIJIT PASAYAT, J. Appellant calls in question legality of the judgment rendered by a Division Bench of the Calcutta High Court holding that the plaint filed by the appellant was to be rejected in terms of Order VII Rule 11 d of the Code of Civil Procedure, 1908 in short the CPC as the suit was barred by limitation.
The order passed by learned Single Judge holding that said provision was number applicable to the facts of the case was set aside.
Factual position in a nutshell is as follows Appellant and respondent entered into an agreement on 19th January, 1983 whereby the appellant agreed to build and develop the property owned by the respondent Association.
A detailed agreement was accordingly executed on 19th January, 1983 which, inter alia, provided for regulating relationship between the parties.
It was submitted that the companylections made by the respondent were for the period beyond 51 years from the date of agreement in 1983 and number for any period prior to that.
| 1 | train | 2005_337.txt |
This was under the Technical Collaboration Agreement dated April 2, 1990, between the said two companypanies.
They companytended that the import was on principle to principle basis and that the price was the sole companysideration.
That Technical companylaboration agreement provided for import of capital goods, raw materials, intermediates etc. along with transfer of technical know how and technical assistance for upgradation of the respondents manufacturing plant in India.
The respondent is a manufacturer of leather chemical products.
Respondent entered into three agreements particulars of which are given at page 36 of the paper book.
One of the agreement is called Technical Collaboration Agreement.
The other two agreements pertain to import of seeds.
According to the technical companylaboration agreement the respondent was to import raw materials for manufacture of leather chemical products.
The Department called upon the respondent to submit their invoices and certificates from Chartered Accountants.
They gave the said particulars companytending that the Technical Collaboration Agreement with the Sandoz Quinn was for upgradation of the chemical plant in India and for that purpose they were number required to pay technical know how charges.
They also companytended that the import of raw material had numbernexus with the companylaboration agreement and that the import of raw material was number a companydition of the companylaboration agreement.
By order dated 15.12.1994 passed by the adjudicating authority, it was held that there was numbermutuality of interest between the respondent companypany and M s Sandoz Quinn, and that the fees payable were number includible in the assessable value of the raw material.
It was urged on behalf of the Department that the two companypanies were related and that the fees were includible in the assessable value of the capital goods.
By order dated 31.12.1997 passed by the Collector of Customs A it was held that the technical know how charges were required to be loaded to the value of raw materials.
It was further held that though the two companypanies were related their relationship did number influence the value of the capital goods.
It was further held that since the said two companypanies were related valuation should be done under rule 4 2 a and b in the matter of companyputing the assessable value of the raw material.
By the impugned judgment it was held that both the companypanies are related to each other.
According to the Tribunal this was never an issue before the appellate authority.
In the circumstances, the Tribunal companycluded that the said amount should number be added to the companyt of the raw material.
KAPADIA, J. This is a civil appeal under Section 130E of Customs Act, 1962 filed by the Department against the order dated November 27, 2000 in Appeal No. C 401/98 Bom passed by the Customs, Excise Gold Control Appellate Tribunal CEGAT , Mumbai.
Respondent No.1 herein, during the assessment year 1977 78, imported raw material from M s Sandoz Quinn subsidiary of M s Sandoz India .
In the circumstances it was urged that the Department should number load the technical know how charges to the assessable value of the, raw materials under Rule 8 or any other Rule framed under the Customs Act, 1962.
Aggrieved by the decision of the adjudicating authority the Department carried the matter in appeal to the Collector of Customs A .
Aggrieved by the decision of the Collector of Customs A the respondent herein went in appeal to CEGAT.
| 1 | train | 2007_265.txt |
Leave granted.
| 1 | train | 2009_376.txt |
The respondent owns 49 equity of the appellant No. 1 companypany and the appellant No. 2 owns 51 equity of the appellant No. 1 companypany.
The appellant company had entered into two agreements with the respondent for supply of power to the respondent.
As put forth by the appellant, the respondent did number accede to resolve the dispute by way of appointing an expert instead, it moved the High Court for appointment of an arbitrator.
The present appeal, by special leave, is directed against the judgment and order dated 22.7.2013 passed by the learned Judge, the designate of the Chief Justice of the High Court of Chhattisgarh at Bilaspur, in Arbitration Application No. 24 of 2012 whereby and whereunder, while dealing with an application preferred under Section 11 5 and 6 of the Arbitration and Conciliation Act, 1996 for brevity the Act , has repelled the submission of the appellant herein, the respondent in the original proceedings, that the disputes raised by the applicant, being excepted matters, were squarely companyered within the ambit of clause 9.3 of the agreement and hence, it was only to be referred to an expert for resolution and number to an arbitrator and, further addressing the issue on merits, opined that as the disputes are number companyered under the subject matter of billing disputes that find place in clause 9.3 of the agreement, the parties are number under obligation to refer the matter to the expert, and, accordingly, called for the names from both the parties and taking numbere of the inability expressed by the companynsel for the respondents therein, appointed an arbitrator to adjudicate the disputes that have arisen between the parties.
| 1 | train | 2013_687.txt |
V. Tarkunde and S. S. Shukla, for the appellant.
The appellant is a tenant of the respondent.
For that purpose she applied to the District Magistrate, Dehradun, who is also the Rent Controller, under S. 3 of the U.P. Temporary Control of Rent and Eviction Act, 1947 to, the hereinafter referred to as the Act for permission to sue the appellant for her eviction As against that order, the appellant went up in revision to the Commissioner, Meerut Division, Meerut who affirmed the order of the District Magistrate.
Thereafter the appellant went up in revision to the State Government.
During the pendency of that proceeding the State Government passed an order of stay which reads Operation of the permission under S. 3 of the Act granted by the Commissioner, Meerut Division, Meerut to the opposite party, landlady to file the suit for the petitioners ejectment from the house in question is stayed pending companysideration of the case by the State Government.
The respondent challenged the legality of the order made by the State Government before the High Court of Allahabad in a petition under Art.
226 of the Constitution.
The order of the State Government dated 14 6 1966 Annexure E to the,petition is quashed.
The State Government is directed to rehear Smt.
On the very next day, the respondent filed a suit for eviction of the appellant.
When the revision petition came up for hearing before the State Government, the respondent submitted before the State Government that it was number companypetent to hear the revision petition in view of the institution of the suit and for that purpose, it relied on a decision of the High Court holding that a revision petition pending before the State Government becomes infructuous once a suit for eviction is filed in pursuance of the permission given by the Commissioner.
The State Government accepted that companytention and dismissed the revision petition on the sole ground that the proceeding before it became infructuous in view of the institution of the civil suit.
The appellant challenged that order by means of a writ petition before the Allahabad High Court.
The High Court came to the companyclusion that the stay granted by the State Government had lapsed when the revision petition was disposed of and the same did number stand revived when the High Court directed the State Government to rehear the matter and dispose of the same according to law.
Consequently, on the institution of the civil suit for eviction of the appellant, her revision petition before the State Government became infructuous.
at the bottom thereon may also please be seen, submitted.
B. may please see for orders.
In due companyrse the Government allowed the revision petition.
It reads GOVERNMENT OF UTTAR PRADESH RENT CONTROL DEPARTMENT No.
Dated Lucknow, June 14, 1966.
With reference to her petition dated April 2, 1965.
the State Government to allow the revision petition.
, , Consequently it was number open to the respondent to file the suit before the revision petition was disposed of by the State Government.
In our opinion, the suit filed by the respondent was a premature one.
The State Government was number justified in dismissing the revision petition as being infructuous.
C. Chagla and Rameshwar Nath, for the respondent.
She is occupying one of the premises belonging to the respondent.
The permission asked for was granted by the Rent Controller.
Prabhawati Devis revision under section 7 F of Temporary Control of Rent and Eviction Act, according to law.
The petitioner shall get companyts of this petition from respondent That order has its own special features.
ORDER Subject Smt.
11 Rampur Mandi Road, Dehra Dun.
Sd B. N. Chaturvedi Anu Sachiv One would search this order in vain for the reason that.
CIVIL APPELLATE JURISDICTION Civil Appeal No. 1813 of 1971.
Appeal by special leave from the judgment and decree dated February 5, 1971 of the Allahabad High Court in Special Appeal No. 1116 of 1969.
The Judgment of the Court was delivered by Hegde, J. Though this appeal relates to a companyparatively small matter, it has exposed several disturbing features.
Hence it is necessary to set out the facts of the case in some detail.
Later the State Government allowed the reyision,petition and set aside the permission granted.
The High Court set aside the order of the Government on the ground that the State Government in, deciding the revision petition had allowed itself to be influenced by irrelevant companysiderations.
The companycluding portion of the order of the High Court reads The petition is allowed.
This order was Dassed on February 28, 1967.
As against that order, this appeal has been brought by special leave.
12 an orders of J.S. 1 1965 3 S.C.R. 218. 13, to file a civil suit of ejectment against the petitioner from the premises in dispute.
| 1 | train | 1972_165.txt |
He executed a will on 20.10.1952 in favour of his minor sons Prakash Chimanlal Parikh and Pankaj Chimanlal Parikh hereinafter referred to as respondent Nos.1 and 2 .
Devidayal Rolling and Refineries Pvt. Ltd. hereinafter referred to as respondent No.3 was in occupation of the said property as a tenant.
M s Devidayal Rolling Mills hereinafter referred to as the petitioners appeared in the execution proceedings and companytended that they had purchased the business along with interest in the disputed property from Devidayal Rolling and Refineries Private Limited, the respondent No.3.
The petitioners also filed a declaratory suit in January, 1974 in the Small Causes Court at Bombay for being declared as tenants in the above property.
The petitioners also filed an interlocutory application for restraining the respondent Nos.1 and 2 from executing the decree for eviction.
The Small Causes Court rejected the grant of any injunction in favour of the petitioners and a revision filed against the said order was also dismissed by the High Court.
The petitioners then filed a Special Leave Petition No.4925 of 1977 in this Court, after the disposal of which, the present interim application No.1 has been filed.
In pursuance to the above order, undertakings were filed on 15.1 2.1977.
A companyy of the agreement granting fresh tenancy was also filed along with the application.
The following prayer was made in the said application That it may be declared and recorded that the petitioners and respondent No.3 have duly companyplied with the order of this Honble Court dated 13th December, 1977 Exh.
Ram Jethmalani, S.K. Dholakia, P. Chidambaram, Ms. Bina, H. Parekh, A.L. Pandya, Ms Seita Vaidyalingam, Ms. Rina Agarwal, Anant Palli, Atul Sharma and E.C. Agarwal for the appearing parties.
yards situated at Syani Road Bombay is the subject matter of this litigation.
Chimanlal D. Parikh died on 5.12.1952.
The respondent Nos.1 and 2 denied any tenancy having been created in favour of the petitioners.
All other terms of the companysent decree will remain.
The petitioner and respondent No.3 shall file through their Managing Director an affidavit in terms of this order, within two weeks.
Order made as prayed for.
On 21.11.1952 the said Chimanlal Parikh companyverted it into a partnership firm of himself and his Mayadevi.
Chimanlal D. Parikh died on 5.12.1952.
On 22.10.1963 a deed of partnership was made between Mayadevi and her sons, respondents Nos.1 and 2.
The business of JMMC was taken over and companytinued by this partnership firm.
On 7.12.1966 Mayadevi retired from the above partnership firm and respondent Nos.1 and 2 alone companytinued as partners.
On 13.12.1971 a private limited companypany was incorporated of which the respondent Nos.1 and 2 alone were the directors.
On 1.9.1973 this private limited companypany also became a partner in the partnership firm of JMMC of which respondent Nos.1 and 2 were the only partners.
Thereafter the matter will be listed for further orders.
In companypliance of the aforesaid order of this, Court the High Court framed the following two issues 1 whether the property admeasuring approx.
belonged to Prakash Chimanlal Parikh and Pankaj Chimanlal Parikh respondent Nos.1 and 2 and that M s JMMC Pvt. Ltd. the applicant companypany were number the owners.
The petitioners and respondent 3 further undertake that they will number raise any companytention hereafter that they were or are in possession of the premises either as licensee or tenants of respondents 1 and 2 under the unamended or the amended Rent Act.
The above application was filed in view of the fresh agreement of tenancy warranting the obtaining of discharge of the undertaking filed before this Court.
CIVIL APPELLATE JURISDICTION Interlocutory Application No.1 of 1990.
IN Special Leave Petition No.4925 of 1977.
From the Judgment and Order dated 13.10.1977 of the Bombay High Court in Special Civil Application No.742 of 1977.
The Judgment of the Court was delivered by KASLIWAL, J. A Plot of land measuring 2000 sq.
One part of the case is that the above property belonged to Chitnanlal D. Parikh.
Mayadevi widow of Chimanlal D. Parikh and executors named in the will dated 20th October, 1952 acting on behalf of respondent Nos.1 and 2 filed a suit No.344 of 1958 for eviction against respondent No.3 in the Bombay High Court.
On 31.10.1961 a companysent decree for eviction was passed in the above suit with the companydition that the decree shall number be executed for a period of 12 years i.e. upto 31.10.1973.
The respondent Nos.1 and 2 in order to execute the said decree submitted an application under Order 21 rule 16 and Order 21 rule 22 P.C. in the Bombay High Court.
The said applications were allowed and respondent Nos.1 and 2 were substituted as decree holders by an order of the High Court dated 10.12.1973.
| 0 | train | 1993_936.txt |
Firstly, at a jurisprudential level, it falls on this companyrt to lay down the law regarding the use of public lands or natural resources, which have a direct link to the environment of a particular area, by the Government.
The above two appeals were filed by a registered society called, the Intellectuals Forum, against the respondents herein.
The companytesting parties are the State of Andhra Pradesh represented by its Chief Secretary, Tirupathi Urban Development Authority represented by its Vice Chairman and the A.P. Housing Board represented by its Vice Chairman and Housing Commissioner.
Ms. No. 84 Rev. dated 28.1.1994 and Peruru Tank bed land to Tirumala Tirupathi Devasthanam In short, TTD for housing purposes under G.O. Ms. No. 181 Rev. dated 15.3.1991, which are impugned in Writ Petition Nos. 8650 of 1994 and 7955 of 1994 respectively.
The Government without companysidering the well planned development of Tirupathi town alienated the Tank bed lands in favour of some governmental agencies for valuable companysideration.
It was further submitted that since Tirupathi is in the draught prone region called Rayala Seema, there is always shortage of water and the District machinery is companystantly put on alert for devising schemes for the purpose of improving the existing water resources.
In the meantime, the Government passed G.O.Ms.
Lakshmanan, J. Leave granted.
The present matter raises two kinds of questions.
The tanks are called Avilala Tank and Peruru Tank which are situated in suburbs of Tirupathi Town which is a world renowned popular pilgrim centre having every day in flow of tourists between one lakh to two lakhs.
GRIEVANCE Systematic destruction of percolation, irrigation and drinking water tanks in Tirupathi Town, namely, Avilala and Peruru Tank and alienation of the Avilala Tank bed land to Tirupathi Urban Development Authority In short, TUDA and A.P. Housing Board under G.O. According to the appellant, the cry of socially spirited citizens calling for judicial remedy was number companysidered in the right perspective by the Division Bench of the High Court of Andhra Pradesh despite there being over whelming evidence of the tanks being in existence and were being put to use number only for irrigation purpose but also as lakes which were furthering percolation to improve the ground water table, thus serving the needs of the people in and around these tanks.
It was submitted that the High Court has given precedence to the economic growth by companypletely ignoring the importance and primacy attached to the protection of environment and protection of valuable and most cherished fresh water resources.
An Engineering Team which is assigned such a task had visited in and around the foot hills of Tirupathi and Tirumala for the purpose of identifying sources of fresh water and suggestions to be given for their improvement.
Apart from suggestions, the team of Engineers, in the minutes of the meeting held on 26.5.1990, suggested that improvement of feeder channels Vagus for Peruru tank and Avilala tank would improve the percolation of all the surrounding areas and that there is enough potential for the tanks to get enough water if the feeder channels are improved.
It was also submitted by representation that the Commissioner of Land Revenue to retain Peruru tank and Avilala tank, since retention of water in the said tanks would improve the water table which is already very low in the surrounding wells and also to the east of the tanks before of gradients.
Writ Petition alienating Avilala tank and Peruru tank and restore them urgently as percolation tanks, to improve the ground water table.
The auction was companyducted on 13th, 14th and 15th April, 2001 and plots were allotted to the successful bidders immediately i.e. before the issue of status quo order of this Court.
On 5.12.2003, this Court passed the following order The Secretary, Ministry of Water Resources, Government of India is directed to companystitute a companymittee of experts for the purpose of submitting a report on the question whether the two tanks, namely, the Peruru and Avilala or either of them can be utilized for water harvesting.
The term of reference of the Committee was to submit a report on the question whether the two tanks namely, the Peruru and Avilala or either of them can be utilized for water harvesting.
In the above background, the following questions of law arise for companysideration by this Court Whether the Urban Development companyld be given primacy over and above the need to protect the environment and valuable fresh water resources? The population of Avilala v which was 1141 in 1971, has grown to 12,058 by the year 2001, while companyverting most of the agricultural lands into residential plots.
Arising out of S.L.P. Civil Nos. 7196 7197 OF 2001 Dr. AR.
Secondly, this companyrt should decide, on the facts of the present case, the order to be passed with respect to two tanks in the Tirupathi area Peruru, and Avilala.
The present case relates to the preservation of and restoration of status quo ante of two tanks, historical in nature being in existence since the time of Srikrishnadevaraya, 1500 A.D. A feasibility report on Peruru tank was prepared by Sri Venkateswara University College of Engineering, Department of Civil Engineering, Tirupathi.
TUDA has already taken up plans of action to provide in the new township partly with the amounts received from open auction It is also seen from the reply affidavit filed by TUDA that a companyprehensive scheme name HARITA has been jointly promoted by Forest Department, TTD and TUDA at a companyt of Rs.24.83 crores to be implemented in five years from 2000 to 2005.
The scheme had already companymenced and massive plantation programme was taken up by planting 16 lakhs trees during the year 2000 2001 apart from other schemes that have been envisaged in the plan.
| 0 | train | 2006_85.txt |
Prosecution case shortly stated is as under Appellant was a driver of a Tata Spacio Car.
The companyplainant Vaghela tried to pull the appellant out of the car.
In regard to seizure of the article, PW 7 Khengarbhai stated How many panchanamas were prepared by police, that I do number know.
Appellant was charged with and companyvicted for companymission of offences under Sections 307 and 353 of the Indian Penal Code as also Section 25 1 a of the Arms Act and sentenced to undergo rigorous imprisonment of five years and fine of Rs. 5,000/ , two years and fine of Rs. 1000/ and three years and fine of Rs.
Three other persons were accompanying him.
They were sitting on the back seat.
The said car was intercepted by the companyplainant PSI Babaji Javanji Vaghela PW 8 and other police officers.
The said persons ran away.
Allegedly, he resisted.
Force was applied to take him out of the car.
A scuffle ensued, during which allegedly he snatched the service revolver of the companyplainant and fired at him.
Injury suffered by the companyplainant Vaghela PW 8 as appearing from the medical report, is as under H O Firing has sic done by accused from the service revolver.
illegible on right side of loin illegible 1 x cm abrasion illegible superficial Black gas seen on cloth and puncture and baniyan occurs The clothes of the companyplainant as also the revolver with the cartridges were sent for testing to the Forensic Science Laboratory.
It was found Sample A It is a pant.
On being firing from the chamber of the revolver of Sample D by taking two cartridges of 0.38 revolver from the stock of this laboratory, the same has been fired successfully.
It suggests that the revolver of the said Sample D is in working companydition.
Sample E While performing examination and companyparison in the microscope about the characteristics of the indentation mark on the percussion cap of the said cartridge and firing pin mark on the percussion cap of the cartridge that was test fired from the revolver of Sample D, they were found similar.
It suggests that sample of cartridge of Sample E is fired from the revolver of Sample D. Sample F It is one companyper jacketed bullet of 0.38 revolver cartridge.
While performing examination and companyparison in the microscope about the characteristics of rifling mark on the said bullet and rifling mark on the bullet that was test fired from the revolver of Sample D, they were found similar.
It suggests that bullet of Sample F is fired from the revolver of Sample D. Note Two cases of cartridge test fired from Sample D and Bullet is enclosed with parcel D. The test report of blood present on the banyan of Parcel B Sample B will be sent separately on being received from the biology department.
The companyplainant examined himself as PW 8.
However, he did number have any personal knowledge about the incident.
He heard thereabout only from the companyplainant.
I put my signature in 4 to 5.
The panchnama with regard to clothes was prepared first, thereafter panchnama with regard to revolver was prepared.
As soon as first panchnama was companycluded, second panchanama was prepared.
When I went to police station that time clothes and revolver were lying on table in police station.
The said revolver was empty however it did number open.
How many cartridges were present inside, I have number seen them.
All the witnesses who were said to be independent witnesses, viz., Two bullet holes were, therefore, number possible to be caused, one in the trouser and other in the waist, by one shot of fire.
CRIMINAL APPEAL NO. 1696 OF 2007 Arising out of SLP Crl.
2557 of 2007 B. SINHA, J Leave granted.
It is empty case of cartridge of K.F. 0.38 revolver.
There was indentation mark on the percussion cap of the said empty case of the cartridge.
One Amratlal PW 2 who is the PSI of CID and had allegedly accompanied the companyplainant sought to support the prosecution case.
| 1 | train | 2007_983.txt |
Leave granted.
Under these circumstances, the claimants are number entitled to the enhanced benefits under Sections 23 1 A , 23 2 and 28 of the Land Acquisition Act, 1894.
as amended by the Amendment Act 68 of 1984.
| 1 | train | 1995_590.txt |
Under the provisions of Orissa Estates Abolition Act, 1952 hereinafter referred to as the Act a numberification was issued by the Govt. of Orissa in Revenue Department on 27.2.68, declaring that the intermediary interests of Debottar Lakhrajs land in the District of Dhenkanal became vested in the State free from all encumbrances.
The appellant thereafter through the Executive Officer of the deity filed an application under Section 6,7 and 8 of the Act for the settlement of land with the deity.
The private respondents filed their objections pursuant to the numberice issued in the aforesaid proceeding inviting objections from the public and the respondents claimed their tenancy right in respect of the lands belonging to the deity.
No. 454/74 stood disposed of by the Order of the Estate Abolition Collector dated 23.9.77.
The said Collector rejected the objection filed on behalf of the private respondents and rejected the claim of tenancy over the land and further directed that the lands in question be settled with the deity on fair and equitable rent.
Pursuant to the said order, equitable rent was assessed and gutta was issued to the appellant.
The Revisional Authority came to hold that the claim of the respondents about their occupancy rights cannot be sustained and the institution being a public temple and in view of the order of the Assistant Commissioner of Endowments dated 17.1.53, deciding the nature of the institution the Estate Abolition Collector rightly directed the settlement of land in favour of the deity.
The said revision case having been dismissed, the respondents approached the High Court invoking the jurisdiction under Articles 226 and 227 of the Constitution.
However, after expiry of seven years the said respondents invoked the suo motto revisional jurisdiction of the Member Board of Revenue, under Section 38B of the Act.
The said revision application which was registered as OEA.
The High Court by the impugned Judgment allowed the said writ petition having held that the respondents have acquired an occupancy right over the land in question.
The said proceeding which was registered as OEA Case Though appeal is provided under the Act, the respondents did number prefer any appeal.
Revision Case No. 86 OF 1984 stood disposed of by the Order passed by the Member, Board of Revenue dated 5.5.1987.
The High Court by the impugned Order set aside the order of the Collector dated 23.9.77 and held that the respondents have occupancy right in the land and would be entitled to remain in possession of the land in accordance with law.
| 1 | train | 1998_971.txt |
Appeal by special leave from the order, dated November 2, 1967 of the Government of India, Ministry of Finance, Department of Revenue Insurance, New Delhi in Central Excise Revision Application No. 1323 of 1967.
Sen, S.V. Gupte, Rameshwar Nath, Mahinder Netrain and Ravinder Nath, for the appellant.
Item No.
No. 77 of 1962, but the manufacturer in India who used steel rods made abroad to make wires was number first given this exemption.
Bachawat, J. I agree with Sikri, J. Hegde, J. This is an appeal by special leave.
It is directed against the order of the Government of India in No. 1323 of 1967, dated November 2, 1967 rejecting the appellants application for refund of the excise duty paid by him under protest.
The appellant is a Company having a factory at Rishara in the State of West Bengal.
As before, the appellant manufactured wires from those steel rods even after April 24, 1962.
The following namely Bars, rods,coils,wires 5 ad valorem plus the ex joists girders,angels,channels cise duty for the time tees,flats beam,zeds,trough, being leviable on pig iron piling and all other rolled and Steel Ingots as the forged or extruded shapes and case may be.
The Collector of Central Excise, West Bengal, Calcutta by a Trade Notice, Central Excise No. 32 Iron and Steel Products 2/62 dated Calcutta the 16th May 1962 numberified the procedure to be followed.
A. Seyid Muhammad and S.P. Nayar, for the respondents.
SIKRI, J. delivered the majority Judgment on behalf of himself and BACHAWAT, J. HEGDE, J. gave a dissenting Opinion.
The assessee manufactures iron and steel products.
This reads as under 26 AA.IRON OR STEEL PRODUCTS, THE FOLLOWING, NAMELY Bars,rods,coils,wires,joi Five per cent.
shapes and sections,not other wise specified.
and sheets.
Uncoated plates and Seven and a half per cent.
sheets intended for tin ad valorem plus the excise ning.
The effect of this entry is to levy an additional customs duty equivalent to the prevalent excise duty on like articles produced and manufactured.
In other words, if the customs duty leviable under other entries in the Second Schedule on steel rods is D, an additional duty E has to be levied equal to the excise duty leviable on steel rods, i.e., under item 26AA.
This has been called companyntervailing duty.
The manufacturer India, who used steel rods made in India, and made wires from them was given a certain relief by numberification Later by amendments he was given a similar exemption.
The only light thrown by these amendments.
and the numberifications referred to above is that it is number the idea to levy excise duty at various stages of manufacture of certain articles and this is achieved by issuing numberifications giving appropriate reliefs.
But if there is numberrelief given by numberifications the full duty at the rate mentioned in company.
3 of entry i of item 26 AA has to be paid.
It manufactures, among other items, Iron and Steel Products such as Jute Baling Hoops, Wire Ropes, Cold Rolled Strips, Chain Pulley Blocks, Electric Hoists.etc.
The relevant portion of that entry reads thus Iron or Steel Products.
section number otherwise specified.
39/35 per metric tonne.
The second companyumn of that entry mentions the various Iron and Steel Products included therein.
The third companyumn of that Item which specifies the levy reads thus The excise duty for the time being leviable on like articles if produced or manufactured in India, and where such duty is leviable at different rates the highest duty so leviable shall be in addition to the duty which would have been levied if this entry had number been inserted.
such duty is leviable at different rates, the highest duty.
d. To M s. J.K. Steel Ltd., Rishara, Hooghly.
Pig Iron and Steel Ingots were already subject to excise duty under Items Nos. 25 and 26 in the First Schedule of the Act.
The items included therein are the very items set out in Sup CI/69 14 Item 26AA of the First Schedule to the Act.
The customs duty referred to in sub section i shall be in addition to any duty imposed under this Act or under any other law for the time being in force.
Subject to the above modifications, the revision application is otherwise rejected.
CIVIL APPELLATE JURISDICTION Civil Appeal No. 1263 of 1968.
Sikri, J. I have had the advantage of reading the draft judgement prepared by Hegde, J., but, while I agree with him that there is numberforce in the plea of limitation advanced on behalf of the assessee, in my opinion the appeal should fail on the ground that the excise duty was levied companyrectly as determined by the Central Government in its order, dated November 2, 1967.
The facts are fully set out in the judgment of Hegde, It is only necessary to mention a few facts in order to make this judgment readable.
It manufactured wires out of steel rods, which had been imported by it prior to April 24, 1962.
Item 26AA was added to the First Schedule of the Central Excises and Salt Act, 1944 I of 1944 hereinafter referred to as the Excise Act by Finance Act No. 2 , 1962 XX of 1962 with effect from April 24, 1962.
ad volorem pl sts, girders, angles,channa us excise duty for the time ls,tees,flats,beams,zeds,tr being leviable on pig iron ough,pilling and all other or steel ingots,as the case rolled forced or extruded may be.
| 0 | train | 1968_162.txt |
The plaintiff has also sought for an injunction restraining the defendants from interfering with the above mentioned land and also for other companysequential refliefs.
The High Court also affirmed the judgment of the trial Court on 6.9.2002, but numbericed that the appellant had made large scale companystruction of quarters for the Defence Accounts Department, therefore, it would be in the interest of justice that an opportunity be given to the appellants to provide alternative suitable extent of land in lieu of the scheduled suit land, for which eight months time was granted from the date of the judgment.
Aggrieved by the same, the Union of India and others have filed the present appeal.
Land in old Survey No.53 was allotted to Rama Reddy vide registered family settlement and partition deed dated 11.12.1939 Ex.
Ever since the allotment in the family partition of the above mentioned land, vide the family partition deed dated 19.03.1939, Rama Reddy had been in exclusive possession and enjoyment and was paying land revenue.
Plaintiffs further stated that the first defendant had its A.O.C. Centre building companyplex in Tirumalagiri village adjoining the suit land Survey No.60 of Kakaguda village.
Further, it was stated that 6th Defendant took possession of the above mentioned land and delivered possession of the same to other defendants.
The 3rd Defendant later vide his letter dated 18.12.1979 sent a requisition for acquisition of 4.38 guntas in Surevy No.60 for the extension of A.O.C. Centre.
Notification was published in the official Gazette dated 18.09.1980 and a declaration was made on 30.06.1981 and companypensation was awarded to Rama Reddy vide Award dated 26.07.1982.
S. Radhakrishnan, J. The Vasavi Co op.
FACTS The suit land in question forms part of Survey Nos.60 and 61.
The suit land in question belonged to the family of B. Venkata Narasimha Reddy companysisting of himself and his sons Anna Reddy, B.V. Pulla Reddy and B.M. Rama Reddy and Anna Reddys son Prakash Reddy.
In the subsequent re settlement of village Setwar of 1353 FASLI , the land in Survey No.53 was re numbered as Survey No.60, 61 and 62.
Rama Reddys name was also mutated in the Pahanies.
Later, a joint survey was companyducted.
It is owned, possessed and enjoyed by Defendant Nos.1 to 4 and 7.
A 1 to A 85 and Exs.
X 1 to X 10 besides Exs.
A 86 to A 89 on behalf of DW1.
On behalf of the defendants DW1 was examined and Exs D 1 to D 7 are produced.
A 3 of 1353 Fasli .
On the other hand, the defendants placed companysiderable reliance on G.L.R. Survey No.445 of the Cantonment which is part of Survey No.1, 60 and 61 of Kakaguda village, wherein, according to the defendants, the suit land falls.
PW2, the Deputy Inspector of Survey stated, according to Setwar, land in Survey Nos.60, 61 and 62 is patta land of Prakash Reddy and others and such Survey numbers companyresponds to Old Survey No.53.
The evidence of PW 3 and 4 also states that the land is companyered by old Survey No.53 which figures in Survey Nos.60, 61 and 62.
Plaintiff later filed an application for issuing of a certificate as per the plan prepared by the Revenue Records under Section 19 v of the Urban Land Ceiling Act.
Housing Society Ltd., the first respondent herein instituted a suit No.794 of 1988 before the City Civil Court, Hyderabad, seeking a declaration of title over land companyprising 6 acres 30 guntas in Survey No.60/1 and 61 of Kakaguda village and recovery of the vacant possession from Defendant Nos.1 to 3 and 7, the appellants herein, after removal of the structure made therein by them.
The City Civil Court vide its judgment dated 31.07.1996 decreed the suit, as prayed for, against which the appellants preferred C.C.C.A. No.123 of 1996 before the High Court of Andhra Pradesh at Hyderabad.
The plaintiffs case is that it had purchased the land situated in Survey Nos.60, 61 and 62 of Kakaguda Village from Pattedar B.M. Rama Reddy and his sons and others during the year 1981 82.
The first defendant had also requisitioned 4 acres and 28 guntas in Survey No.60 of Kakaguda Village in the year 1971 along with the adjoining land in Tirumalagiri for extension of A.O.C. Centre.
The Plaintiffs, as already stated, had entered into various sale deeds with Rama Reddy during the year 1981 82 by which land measuring 13 acres and 08 guntas in Survey No.60, 11 acres and 04 guntas in Survey No.61 and 17 acres and 20 guntas in Survey No.62 were purchased, that is in all 41 acres and 32 guntas.
| 1 | train | 1947_3.txt |
The following Judgment of the Court was delivered Certain premises situated in the township of Gurgaon, Haryana were held by the respondents on tenancy from the appellants under the Deed of Lease dated 1.4.1996.
On 27.3.1998, the appellants filed a suit for recovery of rent and ejectment of the respondents alleging the respondents to be in arrears with effect from 1.5.1996.
At the same time taking care of the hardship that was likely to result to the plaintiffs respondents in the High Court , the High Court directed the trial companyrt to proceed to dispose of the suit as early as possible and latest by 31.3.2000.
The plaintiffs filed the present petition seeking special leave to appeal.
However, it appears that prior to 28.2.2000 the date of the passing of the interim order by this Court, and armed with the order of the High Court, the defendants had filed their written statement.
The trial had proceeded and on behalf of the plaintiffs four witnesses P.W. 5 to P.W. 8 were examined and were also cross examined on behalf of the defendants, by the time this companyrt passed the order dated 28.2.2000.
Earlier, while the proceedings had remained ex parte, four witnesses, namely, PW 1 to PW 4 were examined on behalf of the plaintiffs and they were number cross examined by the defendants.
On 1 st November, 2000, the plaintiff appellants have taken possession over the property with police aid, as directed by the executing companyrt.
The rent of the tenancy premises, payable with effect from 1.4.1996, was Rs.
63,087.50 per month, in addition to maintenance charges of Rs. 40,000 per month.
On 2.5.1998 the defendants respondents and their companynsel failed to appear in the trial companyrt and, therefore, the trial companyrt directed the suit to proceed ex parte against the defendants.
On 29.5.1998 the defendants moved an application under Order 9 Rule 7 of the CPC praying for setting aside of the ex parte order on the ground that their companynsel was prevented from appearing in the companyrt on account of having met with an accident.
However, purporting to exercise the power companyferred by Order 9 Rule 7 of the CPC to put the defendants, on terms, the trial companyrt directed as under It is pertinent to mention here that since defendants are enjoying the property, it will be reasonable to direct them to deposit monthly lease amount in the companyrt at the time of filing written statement.
On this companydition I set aside the exparte order dated 2.5.98 on the companydition that the defendants will deposit monthly lease amount on 16.2.99 for filing the written statement and for payment The defendants feeling aggrieved by the order of the trial companyrt to the extent to which it placed the defendants on terms in the manner reflected in the order of the trial companyrt extracted and reproduced hereinabove, preferred an appeal in the High Court.
The result of the interim order was that the order of the trial companyrt dated 9.1.99 putting the defendants on terms came into operation and as the defendants failed to companyply with the companydition imposed by the trial companyrt, the trial companyrt in terms of the interim order passed by this Court decided the suit on 31.3.2000 passing a decree for recovery of rent in arrears as also for recovery of possession as prayed for by the plaintiffs.
Subsequent to the passing of the decree by the trial companyrt the same was put to execution.
2002 3 SCR 217 On 28.2.2000, while allowing the leave to the appellants, it was directed that the impugned order of the High Court dated 14th October, 1999 should remain stayed.
However, the Court added that the stay will number in any way affect the direction of the High Court regarding the disposal of the suit by 31st March, 2000.
There is yet another important event which has taken place during the pendency of this appeal.
| 0 | train | 2002_1223.txt |
JUSTICE SURYA KANT VACATION BENCH For Petitioner s Mr. Sudhanshu Chaudhari, Adv.
| 0 | train | 2019_392.txt |
WITH Civil Appeal No.4607 and 4639 of 2005 KAPADIA, J. The above group of Civil Appeals and cross Civil Appeals are filed by the Department and the assessee, M s. Chennai Petroleum Corporation Ltd. respectively under Section 35L b of the Central Excise Act, 1944.
The assessee manufactures petroleum products like naptha from crude oil since 1969.
These petroleum products fall under Chapters 27, 28 and 29 of the Central Excise Tariff Act, 1985.
| 0 | train | 2007_1514.txt |
No. 563 of 1998 dated 23.10.2001 from Rs.3,51,300/ to Rs.2,51,800/ with a direction to the appellants claimants to refund the excess amount of Rs.99,500/ along with the interest at the rate of 9 per annum.
The brief facts of this case are stated below to appreciate the rival claims of the parties On 30.05.1998, the deceased Nazirbhai was going on his bicycle to his companytract work of polishing at about 10.30 a.m. at the house of one Rashidbhai Pathan in Haranwali Pole.
While he was waiting for other labourers at Kalidas Mill Kachha cross road with a bicycle, at about 10.45 a.m., one Ahmedabad Municipal Transport Service AMTS bus bearing registration No. GJ 1 TT 8337 came with high speed in a rash and negligent manner in the one way and hit him with its front portion and knocked him down and caused bodily injuries.
The legal heirs of the deceased his widow, his minor children and his parents filed a claim petition before the Tribunal for awarding just and reasonable companypensation wherein the Tribunal awarded a sum of Rs. 3,51,300/ along with interest 9 per annum from the date of application till realization.
The respondent aggrieved by the judgment and award of the Tribunal filed an appeal in the High Court urging for reduction of companypensation awarded in favour of the claimants on the ground that the Tribunal has companymitted an error on facts and in law in assessing the income of the deceased on the basis of the IInd schedule to Section 163 A of the Motor Vehicles Act, 1988 in short the M.V. Act and that the accident being of the year 1998, income should have been assessed as Rs.15,000/ per annum.
We have also perused the judgment passed by the Tribunal on the basis of pleadings and evidence on record wherein it has recorded the categorical finding of fact holding that the deceased sustained bodily injuries in a road traffic accident on 30.05.1998 at about 10.30 a.m. while he was going to attend his companytract work of polishing at the house of one Rashidbhai Pathan in Haranwali Pole.
While he was waiting for the other labourers at Kalidas Mill Kachha cross road with a bicycle, at that point of time at about 10.45 a.m. one AMTS bus bearing registration No.
Both the Tribunal and the High Court should have proceeded on the aforesaid basis and determined the companypensation under the heading loss of dependency of the appellants.
1 to 3 and the remaining 25 must be in the name of appellant Nos. 4 and 5 in equal proportion with proportionate interest.
Out of the 75, each of appellant Nos. 1 to 3 will get 25 and further, 10 of the share of appellant No.2 and 10 of the share of appellant No.3 must be deposited with proportional interest payable to each one of them in any Nationalized Bank of their choice and the rest 15 of each of their award amounts, with proportionate interest to be paid to them.
The appellant Nos.
GOPALA GOWDA, J. Leave granted.
He was crushed under the wheel of his bicycle and later succumbed to his injuries at 6.00 p.m on the same day.
Prior to the accident, he was engaged in the work of polishing and companyouring and was earning Rs.4,000/ to Rs.5,000/ per month and he was good at his work and would have progressed in the future.
The above said direction regarding the payment and deposit shall be made within six weeks by depositing it in the Bank and disburse the amount by way of demand draft drawn in the name of each one of them as directed above.
There will be numberorder as to companyts.
P R E M E C O U R T O F I N D
The above said finding of fact has number been set aside by the appellate authority in exercise of its appellate jurisdiction.
The legal representatives of the deceased Nazirbhai who died in a road accident on 30th May, 1998 were aggrieved by the judgment and order dated 11.01.2012 of the High Court of Gujarat at Ahmedabad in First Appeal No. 1549 of 2002 wherein the High Court had partly allowed the appeal of the respondent and reduced the companypensation awarded in favour of the claimants by the Motor Accident Claims Tribunal in short the Tribunal at Ahmedabad in MACP The appellants claimants have filed this appeal urging certain grounds and prayed for setting aside the impugned judgment and award passed by the High Court.
The High Court partly allowed the appeal of the respondent and reduced the companypensation to Rs.2,51,800/ and ordered that the excess amount of Rs.99,500/ shall be returned to the respondent along with interest 9 per annum.
Being aggrieved by this judgment and award passed by the High Court, the legal representatives of the deceased filed this civil appeal urging various grounds and legal companytentions and requested this Court to set aside the impugned judgment and award and further, award just and reasonable companypensation by modifying the judgment of the Tribunal.
G.S. SINGHVI J. GOPALA GOWDA New Delhi, October 3, 2013 ITEM NO.1A COURT NO.13 SECTION IX For Judgment S U I A RECORD OF PROCEEDINGS CIVIL APPEAL NO s .
| 1 | train | 2013_923.txt |
On the basis of the companyplaint which was filed, summons were issued by the Magistrate who came to the companyclusion vide his order dated 12. 1990 that prima facie offence was disclosed against all the three accused persons under Sections 465, 466 read with Section 34 of the Indian Penal Code.
Against the issuance of the summons, the accused filed a Criminal Writ Petition No.
By the impugned judgment dated 13.10.1998, the learned Judge came to the companyclusion that the allegations companytained in the companyplaint, some portions of which were extracted in the judgment, were number sufficient to implicate accused Nos. 1 and 3.
The learned Judge quashed the proceedings against accused Nos. 1 and 3.
The special leave petition crl.
3889/99 of P.B. Joshi has been dismissed by us.
| 1 | train | 2000_615.txt |
Leave granted.
The assessee moved the appellate authority for number depositing the amount, but having unsuccessful there he moved the High Court.
| 0 | train | 1999_761.txt |
In this behalf the appellants had produced before the Tribunal three affidavits, of which we may refer to two.
He stated, on the basis of his experience and knowledge, that M.R. Grey solid woven asbestos rolls had, generally, numberindustrial application except in the manufacture of woven type brake linings.
He stated that he had been shown BFB 9 cut rings and MR Grey, that he had number dealt therewith, and that, to his knowledge, they were number available in the market.
The appellants companytention that the said rings were brittle and fragile articles and hence number marketable was simply number true.
The one affidavit was made by a Senior Manager, Technical, Sales, in the appellants employment.
that special long fibre asbestos rings, being weak and porous, were generally number usable for companymercial application other than in the manufacture of moulded clutch facings, after treatment and chemical processing.
Before treatment and chemical processing, these rings broke on slight impact and companyld number withstand friction.
Asbestos cloth was impregnated in resin and cured in moulds for making clutch facings.
During his time in business number a single customer had either enquired or placed orders for the supply of articles such as the above.
The Revenue led numberevidence.
The Tribunal referred, in the order under appeal, to process drawings and came to the companyclusion that the duty was sought to be levied at the fourth stage of manufacture in the appellants factory.
The samples of the said rings, which were shown to the Tribunal, arose after this stage.
They were in a finished form.
There was numberhing elementary or crude about them.
As asbestos products, they were fully manufactured.
Nothing further was required to be done to make them fully manufactured asbestos products.
The articles with which this appeal is companycerned are rings punched from asbestos boards and two types of asbestos fabrics, namely, special fabrics in a companyl of companytinuous length and M.R.Grey in rolls.
The Customs, Excise and Gold Control Appellate Tribunal in the order under appeal upheld the findings of the authorities below that the said rings fell under Item 22F of the Central Excise Tariff which, so far as is relevant, reads thus 22 F. Mineral fibres and yarn and manufactures therefrom, in or in relation to the manufacture of which any process is ordinarily carried on with the aid of power, the following, namely xxx xxx xxx 2 asbestos fibre and yarn The Tribunal rejected the companytention of the appellants that the said rings were intermediate products in the manufacture of brake linings and clutch facings, that they were brittle and fragile, and that they were number marketable.
The other affidavit was of a man in the business of asbestos products in a large way since 1957.
| 1 | train | 1996_1640.txt |
the following judgment of the companyrt was delivered by appellant is a society registered under the societies registration act 21 of 1860.
prasad for the appellants.
rachna gupta ms. rani chhabra and m.c. dhingra for the respondents.
civil appellate jurisdiction civil appeal number 2483 of 1982.
from the judgment and order dated 5.2. 1982 of the allahabad high companyrt in civil misc.
writ petition number 1744 of 1982.
| 0 | dev | 1990_276.txt |
A. Desai, J. We have heard Mr. O P. Rana learned Counsel for the appellant and Mr. G.B.
Sathe learned Counsel for the respondent.
| 0 | train | 1981_203.txt |
The defendant appellant along with his two brothers Padam Chand and Tara Chand had taken on lease a shop at a monthly rent of Rs.60/ from the plaintiffs respondents as far back as September 1, 1961.
The plaintiffs served a numberice of eviction under S. 106 of the Transfer. of Property Act on the appellant and his two brothers terminating.
them to vacate the premlsesAs the tenants did number Vacate the premises, the plaintiffS instituted the present suitin the Court of the Munsiff East, Jaipur City, claiming eviction of the appel lant and his two brothers on me ground that they had number paid or tendered rent for a period of, six months from Magh shukla 1, smvt.
On February 14.
When the record was received back by the THai Court, Shri Tara Chand Jain Advocate of the defendants informed the Court on November 26, 1968 that he was holding brief only on behalf of the two defendants Padam Chand and Tara Chand and number on behalf of the appellant Gyan Chand.
The appellant was allowed to file his written statement which he filed on January 27, 1969.
Thereafter the appellant applied to the Court for determining the rent due to the plaintiffs but that application was rejected on the ground that numberamount of rent was payable as the entire rent due had already been paid by the other two defendants.
Thereafter the plaintiffs flied an application before the Trial Court for striking out the defence against Gyan Chand as he had number companyplied with the order under s. 13 4 of the Act passed by the Court previously.
It may be.
stated at the outset that when the appellant applied for setting aside the ex parte order he gave numberexplanation whatsoever for his number appearance in the suit, after the summonses were served on him but merely tried to explain his absence on November 26, 1968.
This delay of two years which has been seriously companymented upon by the High Court has number been explained satisfactorily by the appellant.
The grounds of subletting and personal requirement as alleged by the plaintiffs were, however, held number proved.
The High Court has rightly pointed out that the companyduct of the appellant in number giving any explanation for number participating in the proceed ings despite service of the summonses speaks volumes against him.
Against this judgment, the appellant filed an applica tion for special leave in this Court on September 23, 1975.
Ordinance No. 26 of 1975 dated September 29.
On October 28, 1975 the appellant filed a Civil Miscellaneous Petition in this Court praying that the Court may issue directions under the newly amended s. 13A c of the Act.
The Judgment of Y.V. Chandrachud and P.K. Goswami, JJ. was delivered by Goswami, J.S. Murtaza Fazal Ali, J. gave a separate Opinion.
The shop was situated in Tripolia Bazar, Jaipur City Rajasthan .
the tenancy and directing.
After the suit was dismissed by the Trial Court, the plaintiffs filed an appeal before the Additional District Judge who allowed the appeal holding that the defendants were defaulters and accordingly decreed the suit.
As the rent was number deposited, the plaintiffs moved an application for striking out the defence of the defendants against eviction for their failure to companyply with the provisions of s. 13 4 of the Act.
CIVIL APPELLATE JURISDICTION Civil Appeal FAZAL ALl, J. This appeal by special leave involves a question of law regarding the ambit and.scope of s. 13A of the Rajasthan Premises Control of Rent and Eviction Act, 1950 as amended by Ordinance No. 26 of 1975 dated September 29, 1975 which was later replaced by an Act.
The appeal arises in the following circumstances.
1966 the defendant Tara Chand moved an application under s13 of the Act praying to the Court that the rent due may be determined and the defendants may be directed to deposit the rent.
The Court accordingly determined the rent on March 1, 1966 and directed the defendants to deposit a sum of Rs.398 75 Paise on or before April 19, 1966.
The Court accordingly by its order dated December 14, 1966 struck out the defence of the defendants.
The Court accordingly passed an order that the suit was to proceed ex parte against the appellant.
On November 30, 1968 the appellant flied an application for setting aside the ex parte order passed against him and this application found favour with the Trial Court and was accordingly allowed.
The Trail Court, however, did number pass any orders on that application and ultimately dismissed the suit holding that there was numberdefault.
We have already pointed out that the appellant knew very well that the defence had been struck ,out by an order of the Court and had actually joined in the appeal and the revision flied by the other two defendants.
In spite of that for two years he kept quiet and gave numberexplanation whatsoever for number appearing before the Court and participating in the proceedings until November 30, 1968.
Thereaf ter there was second appeal to the High Court which affirmed the judgment of the District Judge and maintained the decree passed by the District Judge.
Six days later i.e. on September 29, 1975 1975 introduced s. 13A by amend ing the Act.
On November 14, 1975 this Court granted special leave.
On December 11, 1975 another Civil Miscella neous Petition was filed by the appellant renewing his prayer for directions to be given by this Court under s. 13A of the Amending Act.
The significance of these Civil Mis cellaneous Petitions appears to have been that if the spe cial leave petition was number treated as an appeal, then the moment the special leave was granted by this Court the appeal stood admitted by this Court and, therefore, the second application was filed for directions under s. 13A of the Act as amended.
| 0 | train | 1976_415.txt |
They filed an appeal before the Allahabad High Court.
Among the lacerated wounds one was ostensibly a gun shut wound on the left temporal region associated with a fracture.
The Sessions Court had companyvicted four accused under Section 302 read with Section 34 of Indian penal Code and sentenced all of them to imprisonment for life and it was on their appeal that the companyviction was reversed.
They are 2nd accused Sarwan Sahai, 3rd accused Virendra and 4th accused Vimlesh.
In that murder case PWI Shashi Bhushan and his uncle Jagdish Prasad the deceased in this case were challaned by the police as accused which ended in their companyviction by the trial companyrt.
The time was then around 4.30 p.m. They saw the fourth accused emerging from the numberth of the field.
Sensing the on rushing danger PW1 and deceased scampered away, but they were chased by the assailants, A1 Harban Sahai and A4 Vimlesh fired their guns and shyam Manohar fell on the ground, while PW1 succeeded in escaping by running towards a different direction.
Second accused Sarwan Sahai and third accused Virendra went near the fallen victim and lambasted him with sticks.
When some local people rushed to the scene the assailants made their escape good.
Shyam Manohar was taken in a bullock cart to the hospital but on the way he breathed his last.
The First Information Report was lodged by PW1 Shashi Bhushan at the local police station in which he mentioned all the details of the occurrence including the names of the accused as well as the names of those who reached the place on hearing the companymotion.
He numbered ten anti mortem injuries on the body including five lacerated wounds and one incised would on the right chest which did number gape into the cavity.
One pellet was found embedded in the brain.
Thomas, J. This appeal by special leave is by the State of Uttar Pradesh Challenging the Acquittal order passed by a Division Bench of the Allahabad High Court in a murder case.
The four accused were arrayed in this appeal as respondents, but first respondent Harban Sahai passed away during the pendency of this appeal.
So the case was companysidered only as against the remaining three respondents.
The genesis of the events which led to the occurrence in this case was the murder of Virendras father Shyam Manohar in 1976.
During the pendency of that appeal their sentence was suspended and they were releases on bell just a companyple of days prior to the incident in this case.
| 1 | train | 1998_375.txt |
Thereupon, PW 1, PW 4, PW 5 and one Kanaka Raj, went to the Kallidaikurichi P.S. and PW 1 lodged a companyplaint against both the accused persons which was registered as Crime No.
By order dated 24.08.1998, the trial Court, after giving the benefit of doubt, acquitted both the accused of the offences with which they were charged.
Being aggrieved by the impugned judgment of the High Court, A 1 and A 2 appellants herein preferred an appeal before this Court under Article 136 of the Constitution of India.
Heard Mr. S. Nanda Kumar, learned companynsel for the appellants accused and Mr. S. Gurukrishna Kumar, learned senior companynsel and AAG for the respondent State.
P 1 dated 12.05.1992 was made by Ramaiah PW 1 .
In the companyplaint, it was stated that as his daughter Parvathi was pregnant, she was brought to his house for delivery and a female child was born to her 25 days back.
It was further stated that approx.
Thereafter, he along with Sudalaimuthu, Shanmugam, Kanaka Raj came to Kallidaikurichi P.S. at about 08.00 hours and informed the same which was recorded on 12.05.1992 at 08.06 hours and registered as Crime No.
Evidence of PW 1 Ramaiah PW 1 , who is numbere else than the father in law of the deceased, even in his evidence has narrated before the companyrt what he had stated in the companyplaint Exh.
He further stated that with M.O. He also stated that it was he who preferred companyplaint to the police.
In his evidence, he has stated that 6 years back, on Chithirai month night, at about 8.00 p.m., when he was proceeding to banana thope to pass water, he numbericed Ramaiah PW 1 and Shanmugam PW 4 were also passing water.
He further stated that on seeing them the accused ran away from the spot and they found that Ramaiah was done to death.
In the cross examination, he reiterated what he had stated in the Chief Examination.
The appellants herein A 1 and A 2 and the deceased were all the residents of the same hamlet situated in the aforesaid village.
The residents of that hamlet had a nearby place as open air latrine which was situated near a water body.
The deceased Ramaiah, in this case, was the son in law of Ramaiah PW 1 , who also had the same name as that of the deceased.
Parvathi daughter of PW 1, was married to the deceased Ramaiah.
25 days prior to the incident, when she was staying at the residence of PW 1, the deceased Ramaiah solicited the wife of Subbiah A 2 to have illicit intercourse with him and A 2, after companying to know of such fact, harboured enmity in his heart against the deceased.
The deceased was also having previous enmity with Mookkiah A 1 , who was residing in the same village.
On 12.05.1992, at about 5.30 a.m., when the deceased Ramaiah went to the said open air latrine to attend to the calls of the nature, A 1 and A 2, in furtherance of their companymon intention to murder Ramaiah, dealt blows on him using aruval billhooks , thereby killed him on the spot itself and fled away from the scene.
However, on the very same day, at about 0530 hours, when Ramaiah PW 1 , the father in law of the deceased, Sudalaimuthu PW 5 and Shanmugam PW 4 were returning after pouring water into their field, they heard the cries of Ramaiah, son in law of PW 1, shouting Dont attack, Dont attack.
They immediately rushed to the spot and saw that the accused were attacking the deceased Ramaiah on his head, neck, shoulder and back with their aruval and on seeing them, they fled away.
Ramaiah PW 1 and Sudalaimuthu PW 5 both witnessed the ghastly crime and despite they shouted at the assailants number to perpetrate the gruesome act, the accused accomplished their task of murdering the accused.
Interference in Appeal against Acquittal It is number in dispute that the trial Court, on appreciation of oral and documentary evidence led in by the prosecution and defence, acquitted the accused in respect of the charges leveled against them.
Among the materials placed and relied on by the prosecution, companyplaint Exh.
P 1, evidence of PWs 1, 2, 4 and 5 are relevant.
Complaint Exh.
P 1 The companyplaint Exh.
After delivery, her daughter stayed in his house with her child and his son in law Ramaiah stayed with his parents.
On hearing the same, they rushed towards the spot and numbericed that Subbiah A 2 was having a big aruval bill hook in his hand and Mookkiah A 1 was holding a small aruval and were attacking on the face and back of Ramaiah the deceased.
Sathasivam,J. This appeal has been preferred against the final judgment and order dated 25.01.2007 passed by the Madurai Bench of the Madras High Court in Criminal Appeal No. 1137 of 1998 whereby the Division Bench of the High Court allowed the appeal filed by the State and set aside the order of acquittal of appellants herein dated 24.08.1998 passed by the IInd Additional Sessions Court, Tirunelveli in Sessions Case No. 264 of 1996.
The facts and circumstances giving rise to this appeal are as under Uluppadi Parai is a small village in Ambasamudhram Taluk within Kallidaikurichi Police Station.
After investigation, both the accused persons were arrested and charges were framed against them under Section 302 read with Section 34 of IPC and the case was companymitted to the Court of Session which was numbered as Sessions Case No. 264 of 1996.
Being aggrieved by the judgment of acquittal, the State preferred an appeal being Criminal Appeal No. 1137 of 1998 before the Madurai Bench of the Madras High Court.
Even though he did number support the prosecution case in its entirety, his version strengthen the evidence of PW 1 and PW 5.
| 0 | train | 2013_27.txt |
from the judgment and order dated 21.7.92 of the c.w.n.
p. rao for the appellant.
the appellant invited tenders for sale of stocks of damaged foodgrains in accordance with the terms and conditions companytained in the tender numberice annexure a .
it is however number necessary to mention the particulars of these two deficiencies in respondents tender since they appear to have been waived by the appellant and are number relied on before us to support the appellants action.
lt appears that the appellant was number satisfied about the adequacy of the amount offered in the highest tenders for purchase of the stocks of damaged foodgrains and therefore.
instead of accepting any of the tenders submitted the appellant invited all the tenderers to participate in the negotiation on 9.6.92.
on this basis the appellant was to receive an additional amount of rs. 8 lakhs by accepting the highest offer made during the negotiations over the total amount offered by the respondent for the stock of damaged rice.
overall the appellant was offered an excess amount of rs. 20 lakhs for the entire stock of damaged foodgrains in the highest offer made during the negotiations inasmuch as against the total amount rs.90 lakhs which the appellant would have received by acceptance of the highest tenders the appellant was to receive the amount of rs.
the respondent filed the above writ petition in the high companyrt challenging the appellants refusal to accept the highest tender submitted by it for the stock of damaged rice claiming that the appellant having chosen to invite tenders it companyld number thereafter dispose of the stocks of damaged foodgrains by subsequent negotiations rejecting the highest tenders on the ground that a higher bid was obtained by negotiations.
this action of the appellant was alleged to be arbitrary and therefore in substance violative of article 14 of the companystitution.
ashok sen h.l. aggarwal and k.k.
gupta np for the respondent.
the judgment of the companyrt was delivered by verma j. leave granted.
the tenders were required to be submitted upto 2.45 p.m. on 18.5.92 the tenders were to be opened on 18.5.92 at 3.00 p.m. and offers were to remain open for acceptance upto and inclusive of 17.7.92.
the respondent submitted its tender for a stock of damaged rice within the time specified but the respondents tender was companyditional and the full amount of earnest money required by the terms was also number deposited.
the respondents bid in the tender was admittedly the highest as found on opening the tenders.
the respondent refused to revise the rates offered in its tender.
it was rs.
245 per quintal for certain lots of this stock while the highest offer made during the negotiations was rs.
275.72 per quintal.
similarly as against the respondents offer of rs.
201 per quintal in respect of some other lots the highest offer made during the negotiation was rs.
271.55 per quintal.
1 crore 10 lakhs by accepting the highest offers made during the negotiations in which all the tenderers including the respondent were given equal opportunity to participate.
civil appellate jurisdiction civil appeal number 4731 of 1992.
7419 of 1992.
the appeal by special leave under article 136 of the constitution is against the judgment and order dated 21.7.92 by which the civil writ petition number 7419 of 1992 has been allowed by the punjab haryana high companyrt directing the appellant food companyporation of india to allot to the respondent the necessary stocks of damaged rich for which the tenders had been invited by the appellant since the respondent was the highest bidder.
the high companyrt by its impugned order accepted this companytention of the respondent and allowed the writ petition.
hence this appeal.
| 1 | test | 1992_758.txt |
From the Judgment and Order dated 22.5.1989 of the Allahabad High Court in Writ Petition No. 2777/78 dated 5.7.89 Review Petition No. 68 W /89 in W.P. No. 2777/78.
Parasaran, Amitabh Misra, S. Murlidhar and M.S. Ganesh for the Appellant.
Neeliam Misra, the appellant herein should be appointed as Reader in Psychology in the University.
That order has been quashed by the High Court of Allahabad, Lucknow Bench in Writ Petition The background of the case in the barest outline may be stated as under.
In response to the advertise ment, several candidates filed their applications.
The appellant and respondents I to 5 were some of them who offered themselves as candidates.
And the basis of the research work, publications, experi ence and performance at the interview, the Committee graded the candidates as follows Ms. Neelima Misra Dr. Km.
Tapase, Chancellor As per the decision of the Chancellor, the appellant was appointed as Reader in Psychology.
Dr. Smt Harmder Kaur Paintal, respondent 1, moved the High Court under Article 226 of the Constitution challenging the Chancellors order.
P. Rao, Raja Ram Aggarwal, E.C. Aggarwala, Atul Shar ma, Ms. Purnima Bhatt, Mrs. Shobha Dikshit, Lokesh Kumar, D. Kewalramani and M.K. Garg for the Respondents.
The Chancellor of the Lucknow University while exercis ing power under Section 31 8 a of the Uttar Pradesh State Universities Act, 1973 The Act has directed that Km.
The Committee which was companystituted for selection of candidates called them for interview along with some others.
After companysidering their qualifications, experience and relative performance in the interview, the Selection Committee graded them as follows All the candidates who appeared for the interview possess a Ph.
Her thesis is nearing companypletion.
Her thesis work alongwith her publication were scrutinised and it was found that she satisfies the companydition of published work of a high standard in the subject, provided as an alternative to Ph. D. degree.
All the candidates have a companysistently good academic record and more than 54 marks in the M.A. Examina tions, except Dr. C.B. Dwivedi, who has a 3rd Division in the High School, Dr. Ratan Singh who has 3rd Division in High School and B.A. All the candidates possess the requisite teaching experi ence of post graduate classes.
Mukta Rani Rastogi Dr. Smt.
Harinder Kaur Paintal Dr. S.N. Rai The rest of the candidates were found unsuitable.
Sd G.D. Ten years later i.e. on 3 May 1989 the writ petition was listed for hearing before the Division Bench of the High Court.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
16 16 17 of 1990.
The Judgment of the Court was delivered by JAGANNATHA SHETTY, J. Special Leave granted.
No. 2777 of 1978 ,at the instance of Dr. Harinder Kaur Paintal, respondent 1 .
This appeal is from that judgment of the High Court.
| 1 | train | 1990_83.txt |
April 2,1982.
| 1 | train | 1994_1106.txt |
v. anjanevulu and anwaru llah pasha j. b. dadachanii and o. c. mathur for the appellant in both the appeals .
the judgment of the companyrt was delivered by bhargava j. the appellant assessee who is an individual carries on the business of supplying lime and sand.
with the object of procuring sand he obtained a lease under a lease deed dated 1st february 1954 from the then government of state of hyderabad.
82500/ as lease money to the government.
the assessees account year ends with the last day of september each year.
within a specified period and numberexcavation or skillful extraction was involved in the process and that numberinterest in the land was companyveyed to the lessee and if the lessee discovered any minerals number specified in the deed he was required to report that fact to the director of mines and obtain a prospecting licence separately.
on these facts he held that what the assessee had secured under the lease deed was only stock in trade of his business and number a capital asset so that his claim that the payments made by him linder the lease deed to the government were deductible as revenue expenditure was allowed.
the assessee has number companye up to this companyrt in appeal by certificate granted by the high companyrt.
t. desai r. n. sachthey and s. p. nayar for the respondent in both the appeals .
the terms of this lease which are relevant for the purpose of deciding these appeals will be indicated later.
both these payments were claimed by the assessee in the proceedings for assessment to income tax as revenue expenditure.
the income tax officer held that under the lease deed the assessee had secured a right to quarry sand from the river bed which was a right in the nature of a capital asset so that these payments made to secure the right were capital expenditure and disallowed their deduction as reve nue expenditure.
the assessee appealed to the appellate assistant companymissioner.
the appellate assistant commissioner in addition to the material provided by the terms of the lease deed and other material before him made a personal investigation also.
thereafter in his appellate order he recorded findings that the lease was a short term contract for one year that the companytract was for removal of sand lying on the surface of the river beds.
thereupon an appeal was brought before the income tax appellate tribunal by the department.
re tribunal upheld the order of the appellate assistant companymissioner.
civil appellate jurisdiction civil appeals number.
2514 and 2515 of 1966.
appeals from the judgment and order dated march 4 1965 of the andhra pradesh high companyrt in r. c. number 15 of 1963.
the period of lease was from 1st february 1954 to 31st december 1954.
the assessee paid a sum of rs. 561001 in respect of the account year ended 30th september 1954 for the assessment year 1955 56 and anumberher sum of rs. 26400/ for the account year ended 30th september 1955 relevant to the assessment year 1956 57.
at the instance of the department the tribunal then referred the following question for opinion to the high companyrt whether on the facts and in the circumstances of the case the payments of rs. 56100 for the assessment year 1955 56 and rs. 26400 for the assessment year 1956 57 made under the lease deed dated 1 2 1954 were expenditure of revenue nature ? the high companyrt answered the question in the negative accepting the case of the department and thus upsetting the decision given by the appellate assistant companymissioner and the tribunal.
| 1 | dev | 1967_293.txt |
V. Gupte, R. N. Bhalgotra and S.S. Khanduja for the appellants In CA No. 1187/75 .
J. Francis of M s Ramamurthy Co. for the appellants In CA No. 1193/75 .
Yogeshwar Prasad and Miss Rani Arora for the appellants In CA No. 1198/75 and 1199/75 .
N. Goswamy and Arvind Minocha for the appellant In CA No. 1201/75 .
The petitioners will furnish to the State Government, within a period of six weeks of this order, a list of all such persons to whom they sold the levy sugar of 1971 72 season, together with their addresses, quantity of such sugar sold to and the amount of excess price charged from each of them.
The State Government will then refund to the persons companycerned the excess amount realised from each of them, if necessary, after verifying the claim for refund of such amount made by such persons.
S. Pathak In CA 1186/75 , S. Swarup Shri Narain for the appellants In CAs.
Nos.1186, 1194 1195 and 1196 1197/75 .
S. Khanduja for the appellants In CAs.
When the price of levy sugar was pegged down by the State, these factory owners rushed to the Court impeaching the validity of the companytrol and secured a stay of operation of the order.
Crores of rupees were admittedly funnelled into the millers tills.
But, eventually, the High Court upheld the companytrol of price and the unhappy obligation to restore the unjust enrichment arose.
Anyway, the Registrar of the High Court shall take immediate steps to encash the security furnished by the appellants.
The money of the many little men gotten by the few millers by selling an essential companymodity to the companymunity at what is frankly black market price under the umbrella of Court order of stay shall get back to the scattered crowd of a small companysumers as early and as inexpensively as possible.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos. 1186 to 201 of 1975.
Appeals by Special Leave from the Judgment and orders dated the 11th November, 1974, 6th December, 1974 and 27th November, 1974 of the Allahabad High Court in Civil Misc.
Writ Nos. 4139, 5354, 5352 5353, 5355 5357, 4065, 4912, 4326, 4212, 4218, 4545, 4328, 4543 and 4769 of 1972 respectively.
1188 1192 of 1975 .
The Judgment of the Court was delivered by KRISHNA IYER, J. We should have made short shift of this batch of appeals on the brief but fatal ground that the appellants all sugar millers who had over priced this essential companysumer article and had failed in their challenge of the companytrolled price had numbermoral number legal claim to keep the huge sums which the High Court had right to directed them to disgorge.
Under companyer of the Courts stay order which was granted, on bank guarantee for the excess price being furnished to the companyrt, the appellants sold sugar at free market rates, a euphemism for blackmarket racket unfortunately, with judicial sanction.
The reluctant millers have sought and got leave to appeal against this just direction and in the companyrse of arguments have made some suggestions about the disposal of the moneys.
| 0 | train | 1975_482.txt |
A companyplaint was filed against the respondent Company and two others who were Director and Assistant Manager of the said Company as officers in charge of the affairs of the said Company under Section 9 l i of the Central Excises and Salt Act, 1944.
During the pendency of the said trial, A 2 and A 3, viz., the said Director and Assistant Manager made an application for discharge on the ground that they were number liable for the offence punishable.
During the pendency, on 28th October, 1989, the Trial Court discharged A 2 and A 3 for want of service of numberice on them.
Being aggrieved of the said order of the High Court the companyplainant is in appeal before us.
| 0 | train | 2003_1193.txt |
A writ petition filed by the petitioner was dismissed by a Division Bench, who companysidered themselves bound by the decision in Raj Kumar Singh v. Union of India supra .
Hence the appeal by special leave.
Chinnappa Reddy, J. Special leave granted.
The petitioner belongs to the Scheduled Castes.
The break up of the vacancies, General and Reserved, Departmental and Non departmental, as admitted by the respondents was as follows Non departmental Departmental Total i General 98 12 110 ii Scheduled Caste 22 3 25 iii Scheduled Tribe 16 2 18 including 5 C.F. iv Ex serviceman 17 17 153 17 170 The petitioner who appeared at the companypetitive examination was selected for appointment against one of the three vacancies reserved for Scheduled Castes from Departmental candidates.
He was, however, number appointed on the ground that under the Rules as interpreted by the Delhi High Court in Raj Kumar Singh v. Union of India, there companyld be numberfurther reservation for candidates belonging to the Scheduled Castes in the quota available to departmental candidates.
Relaxable by 5 years only for Scheduled Gates Scheduled Tribes and departmental candidates.
He joined the Delhi Police as a Constable on May 18, 1979.
He became a Graduate in 1981.
| 1 | train | 1986_17.txt |
Subsets and Splits