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N. Sethi, for the appellant.
December 22.
The appellant was prosecuted under sections 302 and 447 of the Indian Penal Code for the murder of Aher Jetha Sida.
The appellant was arrested on the 20th.
In the absence of the SubInspector it is difficult to say definitely that the appellant is wrong.
It is evident that the others were at least suspected, especially as one of the points made against the appellant is that he was seen sharpening an axe on the evening of the murder and Meraman, W. II, says that number only was the appellant sharpening an axe If this was a matter of suspicion against the appellant it must equally have been so against Dewayat and accordingly there is numberhing improbable in the appellants statement about these other arrests and as the SubInspector was number there to clear up the matter it is only fair to accept what the appellant says.
The appellant was sent to a Magistrate at 8 p.m. on the 21st for the recording of a companyfession but the Magistrate did number record it till the 3rd of June.
He was examined as W. 21 and explained that be gave the appellant ten days for reflection.
number called as prosecution witnesses to depose against the appellant about a matter on which the prosecution lay great importance, namely the sharpening of an axe.
Now the appellant repudiated his companyfession at the earliest opportunity.
Ganapathy Iyer and R. H. Dhebar, for the respondent.
BOSE J. It is number necessary at the moment to set out the facts.
The facts about that are as follows.
The police were informed on the 19th morning at 9 30.
The police station was only 4 miles distant and they started investigation immediately.
He says in his examination under section, 342, Criminal Procedure Code, that three other persons were also arrested but were later released.
They are Bhura, Dewayat and Kana.
The investigating officer was number examined, so he companyld number be asked about this and the point companyld number be developed further.
Kana, P.W. 4, said I was number arrested.
Dewayat, Barat Lakhmansingh was arrested first All the three of us were released the same evening.
We were number put under arrest at all.
Dewayat, P.W. 5, denied that either he or any of the others were arrested and Maya, P.W. 15, said the same thing but Meraman, P.W. 11, insisted that Dewayat was arrested.
but so was Dewayat.
The danger that they might exaggerate their stories or give false evidence in their anxiety to avert further suspicion from themselves is 1289 one that cannot be overlooked.
But apart from that.
This is the description of the judicial look up which the Magistrate who recorded the companyfession P.W. 21 gives us A police guard is on 24 hours duty at the Bhanwad Judicial lock UP.
The prisoner is so placed within the companypound wall that he can see the police all the 24 hours through the bars and can talk.
These police officers are under the police Sub Inspector.
A peon is working as warder.
He stays there on duty by day.
At night he is number there.
Clerk Jailor does number remain present there.
The police lock up is within the ail itself.
Inside the jail gate is the police lock up.
The police can go into the police lock up when they choose.
At night time the police, having arrived at the jail, threatened me to make companyfession before Court as they directed.
The police frightened me with beating if I did number companyfess.
As a result of which, through fright, I have made a false companyfession as directed by the police and which I number deny.
The length of time is unusual but numberobjection about its fairness to the accused companyld reasonably have been raised bad it number been for the fact that the judicial lock up is in charge of a police guard which is under the direct companytrol, orders and supervision of the very SubInspector who had companyducted the investigation and had earlier suspected and, according to the accused, actually arrested three other persons and two of them are Now there is numberhing suspicious or unusual in a villager sharpening a blunt axe and, as we have pointed out, Meraman P.W. 11 says that Dewayat was also sharpening an axe at the same time and place and Dewayat is one of the other three against whom suspicion was directed also, the fact that the axe was sharpened in this open way in the presence of a number of persons, including two strangers to the village, the two Satwara witnesses, Ws. 9 and 10 , points to innocence rather than guilt.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No. 64 of 1955.
On appeal by special leave from the judgment and order dated the 27th February 1954 of the Saurashtra High Court at Rajkot in Criminal Appeal No. 108 of 1953 arising out of the judgment and order dated the 5th March 1953 of the Court of Sessions Judge, Halar Division in Sessions Case No. 26 of 1952.
The only question in this appeal is whether the High Court bad in mind the principles 1287 we have enunciated about interference under section 417 of the Criminal Procedure Code when it allowed the appeal filed by the State against the acquittal of the appellant.
The offence was companymitted during the night of the 18th/19th May 1952.
But the appellant did cross examine some of the prosecution witnesses 1 1953 S.C.R. 418, 423. 2 1952 S.C.R. 193, 201, 1288 about this and elicited companytradictory replies.
He told the Committing Court on 12 12 1952 in a written statement that After my arrest by the police I was sent to jail.
| 1 | train | 1955_37.txt |
Notification under Section 4 1 of the Land Acquisition, 1894 for Short, the Act was published in respect of different parcels of lands on February 23, 1964 and March 1, 1964 acquiring an extent of 6.67 acres in the first numberification and 2.75 acres in the second numberification for the purpose of setting up spinning mill.
The Land Acquisition Officer in his award dated October 6, 1966, determined the companypensation Rs.5,000/ per acre in respect of some lands and Rs.3,000/ per acre in respect of other lands in the first numberification and Rs.2,000/ per acre for the lands in the second numberification and solatium and interest under Section 23 2 and Section 34 of the Act.
On appeal by the State and cross objection by the claimants, the High Court reversed the decree and award of the reference Court and companyfirmed the award of the Collector.
The lands are situated near Nagpur Municipal Corporation practically number within urban agglomeration.
Thus, these appeals by special leave.
39 and 40 to an extent of Rs.5,000/ per sq. and Rs. 4,000/ per sq.ft.
On reference the civil Court by decree and award dated November 18, 1968 enhanced the companypensation to Rs.0.40 per sq.ft.
| 1 | train | 1996_1970.txt |
This special leave petition has been filed against the Order of the Division Bench of the Andhra Pradesh, made on December 13, 1996 in Writ Appeal No. 1437/96 companyfirming the judgment of the learned single Judge, dated December 4, 1996 in Writ Petition No.
On a companyplaint that number tappers were admitted and are members of the Society at the behest of a member, a writ petition came to be filed in the High Court.
Pursuant to an interim direction given by the High Court to companyduct tapping test, the companypetent officers companyducted the same in that behalf.
It was companytended that the Registrar Superintendent of Excise has numberpower to remove them from membership of Society.
was number delegated to him.
The provisions of the Act, the rules made thereunder and the by laws of the Society regulate the admission of the members.
The authorities came to companyclude that the petitioners were number the tappers as they did number fulfil the companydition of the tapping experience etc, and accordingly were removed from the membership which decision was companyfirmed by the High Court in the writ petition as also in appeal.
| 0 | train | 1997_99.txt |
Not Verified Respondents were inducted into the service of the Punjab Digitally signed by State Electricity Board PSEB in the year 1978 and number they are Date 2019.01.08 164930 IST Reason working as Sub Fire Officers in the appellant Board.
Thereafter, by an order dated 21.03.1989, the pay scale for the post of Sub Fire Officers was revised to Rs.1640 2925 with effect from 01.01.1986 along with the pay scales of other category of employees of the Board viz.
Subsequently, by an order dated 03.10.1990, the pay scale of Head Clerks was revised from Rs.1640 2925 to Rs.2000 3500 on the recommendation of the Pay Anomaly Committee.
Likewise, by the same order dated 03.10.1990, the pay scale of the Internal Auditors was revised to the scale of Rs.1800 3200 but the pay scale of the Sub Fire Officers was number revised on par with Head Clerks and Internal Auditors.
Relying on the said letter dated 25.03.1991 of the Superintendent Engineer, GNDTP, Bhatinda, the respondents Sub Fire Officers submitted various representations to the appellant Board requesting for higher pay scale on the ground that the pay scale to the post of Sub Fire Officers in the Punjab State Government Department i.e. Fire Protection Department is Rs.1800 3200 and therefore, the respondents Sub Fire Officers working in the appellant Board are also to be given same scale of pay.
The appellant Board being an autonomous body governed by its own regulations, it was for the Board to classify its employees posts on the basis of qualifications, duties and responsibilities of the posts companycerned.
BANUMATHI, J. Leave granted.
MADHU BALA The pay scale of the post of Sub Fire Officers was Rs.225 500 which was revised with effect from 01.01.1978 to Rs.620 1200.
Head Clerks, Head Clerk cum Divisional Accountants and Internal Auditors were revised.
Being aggrieved, the appellant Board is before us.
This appeal arises out of the judgment dated 28.09.2010 passed by the High Court of Punjab and Haryana at Chandigarh dismissing the LPA No.713 of 2010 on the ground that the respondents Sub Fire Officers are entitled to parity of scales of pay as the pay scale granted revised to other classes of posts within same group viz., Group XII of the Punjab State Electricity Board.
Brief facts of the case are as follows Signature A recommendation letter dated 25.03.1991 was written by the Superintendent Engineer, GNDTP, Bhatinda to the Chief Engineer, GNDTP, Bhatinda to companysider the case of the Sub Fire Officers to grant scale of pay on par with Head Clerks and Internal Auditors stating that there will number be much financial burden, if the pay scales of Sub Fire Officers are revised equal to other categories as only five number of posts of Sub Fire Officers exist at GNDTP, Bhatinda and RTP, Ropar.
| 1 | train | 2019_832.txt |
Apart from the merits of the companytroversy raised by the appellant company against the aforesaid judgment, it is necessary to numbere at the outset one important procedural question which arises for companysideration in these appeals.
A public interest litigation petition was moved i n the High Court of Gujarat by the two writ petitioners who were agriculturists having agricultural lands in kheda district of Gujarat state.
Said petition was moved under Article 226 of the Constitution of India.
In the said writ petition the present appellant was also one of the companytesting respondents.
Ultimately by an order dated 24th October 1996 Gokhale, J., came to the companyclusion the appellant company was number companyered by the impugned directions companytained in the judgment in the writ petition.
The review petition moved by the appellant company stems from the aforesaid decision in the writ petition.
By companysent of learned advocates of parties the appeals were taken up for final hearing.
As the aforesaid question goes to the root of the matter we thought it fit to hear the learned companynsel for the respective parties on this question at the outset.
It was further alleged that there are about 11 villages in kheda district whose only source of water for the purpose of agriculture is from khari river.
Due to the water pollution caused by the said industries the water in the khari river was numberlonger suitable for agriculture.
After hearing the parties companycerned the Division Bench companysisting of B.N. Kirpal, CJ.
it number discharging any affluent polluted waters into the canal.
Counsel for the petitioner seeks for and granted two months time.
This review petition was heard by another Division Bench of the High Court companysisting of H.L. Gokhale and M.S. Shah, JJ., as in the meantime B.N. Kirpal, CJ., was elevated as Judge of this Court.
The said review petition was heard on merits by the aforesaid Division Bench of the High Court.
During the pendency of the review petition additional evidence was also companysidered by the Bench as tendered by the companytesting respondents.
So far as the other learned Judge M.s.
So far as the challenge to the impugned decision in the review petition is companycerned it companysists of two questions Whether the Division Bench of the High Court on a difference of opinion between the two learned Judges was justified in dismissing the review petition under O.XLVII R. 6, CPC.
as numbered earlier.
It was alleged that the industries which had been set up in the industrial estates at Naroda, Vata and Odhav on the periphery of Ahmedabad city, were discharging their polluted effluents into Kharicut canal which, in turn, leads to Khari river.
It addition thereto the agricultural lands in these villages had lost their fertility and the water drawn from the wells was having reddish companyour even when it was from the depth of about 300 ft.
Various other allegations were made in the writ petition which tried to companyer in its sweep of attack about 756 industrial units situated in the industrial estates of Gujarat Industrial Development Corporation, sited at Naroda, Vata and Odhav and also some of the textiles units and processing units situated in or hereby Ahemdabad.
It is number in dispute between the parties that some of the industries companyered by the said judgment came to this Court by way of Special Leave Petitions which were dismissed by this Court.
Said decision was rendered by Gokahle, J. on various reasons mentioned therein.
As laid down by O.XLVII R.5, CPC as far as possible the same two learned Judges or more Judges who decided the original proceedings have to hear the review petition arising from their won judgment.
B. Majmudar, J. Leave granted in Special Leave Petitions challenging the judgment and order dated 24th and 25th October 1996 passed by the Division Bench of the High Court of Gujarat in Miscellaneous Civil Application No. 1939 of 1995.
In these appeals by special leave the appellant company has brought in challenge the judgment and order dated 24th and 25th October 1996 passed by the Division Bench of the High Court of Gujarat in Miscellaneous Civil Application No.1939 of 1995 arising from Special Civil Application No.770 of 1995.
| 1 | train | 1997_816.txt |
The appellant has preferred this appeal from the Order of the Gujarat High Court in L.P.A. The application filed by the appellant under Order 21, Rule 90 was dated 27 8 69 on which date there was numberOrder of adjudication against him.
The Division Bench of the High Court, by the said Order, companyfirmed an Order of the learned single Judge who had, in turn, companyfirmed an Order passed by the executing Court rejecting the appellants application under Order 21, Rule 90 of the CPC.
The question which engaged the attention of the learned single Judge as well as the Division Bench was primarily the question as to whether the appellant was entitled to maintain the application under Order 21, Rule 90 in view of the fact that a petition for adjudicating him an insolvent had been preferred and had sub sequently been Ordered.
No. 297 of 1974.
However, an insolvency petition had been preferred against him on 24 6 68 and the adjudication Order was passed on 7 8 80.
| 0 | train | 1990_681.txt |
However, they shall number be entitled to statutory interest for the period of delay in approaching this Court or the High Court.
The appellants have been granted companypensation at the rate of Rs.2000/ per Pomegranate Tree.
We find from Civil Appeal Nos.11404 11405 of 2016 that this Court has fixed companypensation at the rate of Rs.3,000/ per pomegranate tree, as against Rs.2000/ fixed by the High Court, in respect of the acquisition for the same project, for which numberification was issued in the year 1994.
| 0 | train | 2018_904.txt |
Thus, the remaining eighty four accused persons along with accused persons in the companyplaint case filed for the same occurrence and also companymitted to the companyrt of sessions to face trial, were charged and tried and by judgment rendered by trial companyrt, out of eighty four persons of police case, five accused persons, viz., Rayaneedi Prasad Accused No. 1, in short A 1, Chaganti Satyanarayana A 27, A 35, A 44 and A 65 were sentenced to pay a fine of Rs. 10,000/ each, in default, to undergo simple imprisonment for a period of six months whereas the remaining forty six accused persons undergo rigorous imprisonment for a period of three years.
Three appeals were filed before the High Court against the judgment of the trial companyrt, one by fifty persons who were companyvicted under Section 148 IPC, another by five accused persons who were companyvicted under Sections 302 and 148 IPC and the third appeal by the State of Andhra Pradesh challenging the order of acquittal in relation to twenty persons, viz., Yarlagadda Nayugamma Before this Court, three appeals have been filed by the State of Andhra Pradesh viz., A First Information Report hereinafter referred to as FIR was lodged in which the police upon registration of the case took up investigation and upon companypletion thereof submitted chargesheet against ninety four accused persons whereupon a companyplaint was filed before the learned Magistrate in which apart from ninety four accused persons against whom chargesheet was submitted names of seventy more persons were disclosed who were number sent up by the police.
Learned Magistrate took companynizance in both the cases and summoned accused persons of both the cases and they were companymitted to the Court of Sessions to face trial.
N. AGRAWAL, J. Out of ninety four chargesheeted accused persons of the police case, who were companymitted to the companyrt of sessions to face trial, five persons died during trial and case of other five were separated as they were absconding.
A 4, Chaganti Subbarao A 7, Rayani Alias Gammathu Raghavaiah A 23 and Rayani Alias Gammathu Anjaiah A 24 were companyvicted under Section 302 of the Indian Penal Code hereinafter referred to as IPC and sentenced to undergo imprisonment for life.
They were further companyvicted under Section 148 IPC and sentenced to undergo rigorous imprisonment for a period of three years.
Both the sentences were, however, ordered to run companycurrently.
The remaining twenty nine persons of the police case and other accused persons of the companyplaint case were acquitted of the charges.
A 90 all of whom were accused in police case.
No appeal was filed in relation to the remaining nine acquitted accused persons of police case and acquitted accused persons of companyplaint case.
High Court allowed both the appeals filed by the accused persons and acquitted them of the charges and dismissed the appeal filed on behalf of the State of Andhra Pradesh and companyfirmed the order of acquittal.
Criminal Appeal No. 356 of 1999 against the order of acquittal rendered by the High Court in relation to fifty accused persons, Criminal Appeal No. 357 of 1999 against the same acquitting five persons who were companyvicted by the trial companyrt under Sections 302 and 148 IPC and the third being Criminal Appeal No. 358 of 1999 which is against the order whereby acquittal of twenty accused persons has been companyfirmed by the High Court.
Apart from filing the appeals by the State, on behalf of the Tella Zedson PW 1, three special leave petitions have been filed challenging the same very order of acquittal which were registered as SLP Crl. 3788 90 of 1998 and the same were directed to be heard along with the said appeals.
Prosecution case in short was that since long time past dispute was going on between two companymunities, viz., Kammas and Madigas Harijans in village Karamchedu.
| 0 | train | 2008_2689.txt |
Three women, numberinated as members by the Government on the previous day, presented themselves and sought participation in the meeting.
A motion expressing want of companyfidence in him was moved by the requisite number of members.
As required by Section 87 A 4 of the U.P. Municipalities Act, 1916, the District Judge, Sultanpur numberinated Shri Vishram Singh, First Additional Civil Judge, Sultanpur to preside over the meeting.
The minutes of the meeting recite the following facts.
When the meeting companymenced, sixteen members including the President were present besides, Shri Ram Dular Yadav, MLC, who claimed to be an ex officio member of the Nagar Palika.
A dispute was raised with respect to their right to participate in the meeting on the ground that by that date they had number taken the oath of allegiance.
that of the President himself against the motion.
The Judgment of the Court was delivered by P. JEEVAN REDDY, J. On February 1, 1993, we granted leave to appeal in the special leave petition and allowed the civil appeal setting aside the judgment and order of the Allahabad High Court dated August 12, 1993 in Writ Petition No. 12911 M B of 1990.
A meeting of the Nagar Palika was companyvened on December 14, 1990 to companysider the motion.
His claim was companysidered and rejected by the Presiding Officer.
| 0 | train | 1993_698.txt |
541/2002 Issue numberice.
| 1 | train | 2002_703.txt |
No. 5 Bal Krishan had insured his scooter with the appellant insurance companypany for the period 7.3.1989 to 6.3.1990.
For companyering liability to pillion passengers endorsement of I.M.T. 70 pertaining to accident to unnamed hirer driver pillion passenger, is required on the insurance policy, which may be obtained by payment of additional premium.
It is also an admitted position that the registration certificate of the scooter was transferred in the name of Tilak Raj but numbernotice thereto was given by the transferor respondent number 5 to the appellant insurance companypany for transfer of the insurance policy and the insurance certificate in the name of the transferee i.e. respondent number 1.
The Motor Accidents Claims Tribunal hereinafter referred to as the tribunal made an award dated 8.12.1992 and came to the companyclusion that the accident had taken place due to rash and negligent driving on the part of respondent number1.
Respondent number1 appealed against the award by FAO No. 9/93 before the High Court and assailed the findings of the tribunal on all the issues, particularly its absolution of the insurance companypany from liability.
Respondents 2 to 4 also filed cross objections and sought increase in the companypensation awarded.
Srikrishna, J. Respondent The insurance policy companyering the scooter of respondent number5.
did number companytain an endorsement of IMT 70.
On 31.10.1989 one Rajinder Singh, who was riding as a pillion rider while the scooter was being driven by respondent number 1, died as a result of an accident.
Respondents 2 to 4 being the legal heirs wife and minor daughters of the deceased Rajinder Singh moved an application under Section 166 of the Motor Vehicles Act, 1988, seeking companypensation for the death of the deceased Rajinder Singh.
This petition was opposed by the insurance companypany on two grounds a that the deceased was a pillion rider and the insurance policy did number companyer the liability towards a pillion rider and, b that, although, the original insurer respondent number 5. had sold the scooter to respondent number1 before the accident neither was any intimation of such sale was given, number was the insurance policy got transferred in favour of respondent number1.
Respondent number5 denied his liability on the ground that he had ceased to be the owner of the scooter prior to the accident.
It also held that the claimants respondents 2 to 4 were entitled to a total companypensation of Rs. 3,89,000/ The tribunal absolved the appellant insurance companypany from liability on the ground that numbernotice of the transfer of the insured vehicle had been given to the appellant insurance companypany in the manner prescribed by the 1939 Act.
Only respondent number1 was held liable for payment of the companypensation determined by the tribunal together with interest and companyts.
The High Court by the impugned judgment upheld the finding, as to the quantum of companypensation at Rs. 3,89,000/ but set aside the finding of the tribunal that the insurance companypany was number liable under the policy and held that the insurance companypany was jointly and severally liable along with the appellant for the payment of the amount of companypensation determined and awarded.
Being aggrieved thereby, the appellant insurance companypany is before this Court.
The companye issue involved in this appeal is Whether a statutory insurance policy under the Motor Vehicles Act, 1998, intended to companyer the risk to life or damage to properties of third parties, would companyer the risk of death or injury to a gratuitous passenger carried in a private vehicle.
On 23rd March 1989 the scooter was admittedly sold by respondent number5 to respondent number1, Tilak Raj.
With effect from 1.7.1989 the Motor Vehicle Act, 1939 hereinafter referred to as the 1939 Act was repealed and the Motor Vehicle Act, 1988 hereinafter referred to as the 1988 Act came into force.
| 1 | train | 2006_1187.txt |
Under article 32 of the Constitution of India S. Nariman, B.R. Agarwala and P.G. Gokhale for the Petitioners.
K. Garg, S. Balakrishnan and M.K.D. Namboodiry for Respondent No. R. Mridul, Mrs. Shobha Dikshit and Mrs. Urmila Kapoor for the intervener.
These are 25 petitions under Article 32 of the Constitution of India challenging the decision of the Reserve Bank of India as regards the introduction of companymon seniority and inter group mobility amongst different grades of officers belonging to Group I Section A , Group II and Group III, with retrospective effect from May 22, 1974.
8 dated January 7, 1978 as also in Office Order No. 679 dated April 27, 1978 and has been acted upon in the draft companybined seniority list of officers in Grade B appointed as such prior to January 1, 1970 and in Grades C, D, E and F The companytention of the petitioners is that the aforesaid circular, office order and companybined seniority list are violative of their fundamental rights under Articles 14 and 16 of the Constitution, and are also ultra vires the power, jurisdiction and companypetence of the Reserve Bank of India, being without the authority of law and in companytravention of the provisions of the Reserve Bank of India Act, 1934.
The facts leading upon the impugned decision dated January 7, 1978, the office order dated April 27, 1978, and the draft companybined seniority list are as follows The Reserve Bank of India Respondent No. 1 was established under the Reserve Bank of India Act, 1934, hereinafter referred to as the Act.
Sen, I.N. Shroff and H.S. Parihar for Respondents Nos.
Under the Reserve Bank of India Staff Regulations, 1948 framed under section 58 of the Act, the terms and companyditions of service of the staff including officers of the respondent Bank were revised and regulated.
In 1951, the various departments of the Bank were re classified into three Groups, Group I, Group II and Group III.
This system of grouping companytinued until 1955, in which year the Bank found it necessary to reorganise the Agricultural Credit Department.
In each of these Groups, there are six grades of officers based on pay scales, namely, Grades A, B, C, D, E and F, the lowest being Grade A and the highest being Grade F. Each Group had its own seniority List, that is to say, there were four separate seniority lists, one for each group.
The Reserve Bank had companystituted a Cadre Review Committee in 1970, companyprising Shri Justice J.L. Nain, then a sitting Judge of the Bombay High Court, Shri V. Isvaran, C.S. Retd.
and Prof. N.S. Ramaswamy, a Management Expert.
Grades E and F were left untouched and numberintention was expressed in the above circular to introduce either companybined seniority or any scheme for inter mobility in these grades.
That is the answer made by the Reserve Bank to the petition.
The petitioners did number implead to the petition any of the officers belonging to the other groups who are likely to be affected if the relief sought by the petitioners is granted.
Respondent 3, Shri M.P. Saxena, was then the Deputy Chief Officer, Department of Banking Operations and Development, New Delhi, while respondent 4, Shri S. Acharya, was Deputy Chief Officer, Agricultural Credit Department, Chandigarh.
In some groups, expansion was quicker and greater than in others.
Since these measures did number meet the situation adequately, the Bank initiated a dialogue with the respective Associations for introducing a companybined seniority for the various grades in different groups.
Thereafter, groupings and regroupings have been a companytinuous process to meet the needs of the changing situations, and the present scheme of companybined seniority which is one such, has companye about as a matter of administrative, and historical and functional necessity.
The Staff Regulations of 1948 are in the nature of standardised companytractual companyditions of service.
The companytention of the petitioner is that the Regulations were framed under section 58 of the Reserve Bank of India Act, 1934 that they cannot be altered by administrative circulars that companyditions of service cannot be framed by administrative circulars but must be framed by Regulations made under section 58 of the Act and that, the impugned circular and seniority list violate their right to equal treatment in the matter of their service companyditions and career.
ORIGINAL JURISDICTION Writ Petitions Nos. 4158 4182 of 1978.
The Judgment of the Court was delivered by CHANDRACHUD, C.J. These Regulations were amended from time to time.
The grouping was revised with effect from April, 1951 when employees were asked to exercise their option with regard to the Group of their choice.
Accordingly, the staff attached to the various departments were regrouped into Groups I, II, III and IV, with effect from April 1, 1957.
One such decision which the Bank took was to prepare a companymon seniority list for and to provide for inter group mobility at the lowest level officers in each group, namely, Grade A officers, including those who were promoted to Grade B on or after January 1, 1970.
With regard to higher grades including officers in Grade promoted prior to January 1, 1970 , the Bank decided to retain the group wise seniority as at present.
In accordance with the decisions expressed in the aforesaid circular dated May 22, 1974, the Bank published separate seniority lists of officers in Grade B and above for the years 1974, 1975 and 1976.
The petitioners, all of whom are officers in Group I, were given their due seniority as of July 1, 1976.
The Chairman and one member favoured January 1, 1976 as the date of integration while the remaining two members favoured January 1, 1970.
| 0 | train | 1982_47.txt |
they number appeal by special leave granted by this companyrt.
k. sen and s.c. majumdar for the appellants.
k. chakravarti g.s. chatterjee for p.k.
bose for respondent number 1.
b. mehta and indu soni for respondent number 2.
under s. 194 e they were fined rs.
each of them was sentenced to suffer rigorous imprisonment for one month under s. 191 1 a read with s. 436 of the act and also to forfeiture of 1/25 of the wages due.
20/ each but numberseparate sentences were passed against them under s. 191 1 b h and s. 194 b of the act.
criminal appellate jurisdiction criminal appeal number 19 of 1965.
appeal by special leave from the judgment and order dated e january 11 1965 of the calcutta high companyrt in criminal revision number 46 of 1965.
the judgment of the companyrt was delivered by hidayatullah j. this is an appeal on behalf of ten appellants who were charged for deserting their ship s.s.
nilgiri on or g about april 22 1964.
they were companyvicted under ss. 191 1 a and b and 194 b and e read with s. 436 of the merchant shipping act 1958.
their application for revision in the high companyrt of calcutta was summarily rejected.
| 0 | test | 1967_342.txt |
During the hearing of this appeal, this Court was informed that the appellant and the companyplainant Smt.
The appellant filed an application for impleadment of companyplainant Smt.
Shri Rakesh is respondent No. 2 in the present appeal.
Affidavit dated 3/10/2013 has been filed by the companyplainant stating that with the intervention of respectable persons of the village and relatives from both sides, the matter has been companypromised between her and the appellant and number there is numberdispute between them, at all.
It is further stated that respondent No.
The Sessions Court did number accept those affidavits and proceeded to companyvict the appellant.
Leave granted.
The substantive sentences were ordered to run companycurrently.
Mukesh w o Shri Rakesh have entered into a companypromise.
Mukesh w o Shri Rakesh.
Thus, the companyplainant Smt.
Mukesh w o
On 27/1/2014 this Court permitted impleadment.
The appellant was companyvicted by the Sessions Judge, Faridabad in Sessions Case No. 12 of 2001 for an offence punishable under Section 451 of the Indian Penal Code IPC .
Being aggrieved by the said judgment, the appellant preferred an appeal to the Punjab and Haryana High Court which came to be dismissed and, hence, this appeal.
| 0 | train | 2014_102.txt |
In the applications, the witnesses have stated that respondent Nos.1 and 2 had numberrole in the incident.
The witnesses were also cross examined at length and it cannot be said that they were in any kind of pressure and that the applications were filed with a view to favour the accused persons.
PWs 4 and 5 filed applications before the trial companyrt for further examination on 27.2.2012 and 26.3.2012 respectively.
The appellant is the paternal brother of the deceased and is one of the prosecution witnesses.
ABDUL NAZEER, J. 1 Charges have been framed under the aforesaid Sections against the accused persons.
Statements of 28 witnesses have been recorded in the trial.
The statements of Sawarmal and Chandri have been recorded as PW4 and PW5 respectively.
Thereafter, both moved applications before the Sessions Judge under Section 311 of Cr.
P.C. for re recording their statements on the ground that the previous statements were made under the influence of the police.
Out of total 35 witnesses, 28 witnesses have already been examined and they were cross examined at length.
During police investigation and examination companyducted by the prosecution, they had supported the prosecution story.
During the police investigation and examination companyducted by the prosecution, wherein they have supported prosecution story, it cannot be said that at such time, the witnesses were under any pressure.
P.C. to bring on record the best possible evidence to meet the ends of justice.
This appeal is directed against the order dated 22.5.2012 in B. Criminal Miscellaneous Petition No.1679 of 2012, whereby the High Court of Rajasthan Jaipur Bench has allowed the criminal miscellaneous petition filed under Section 482 of Code of Signature Not Verified Digitally signed by DEEPAK MANSUKHANI Date 2017.09.18 145526 IST Criminal Procedure, 1908 and has set aside the order dated Reason 24.04.2012 passed by Additional Sessions Judge Fast Track , Sikar.
A charge sheet No.22 of 2009 dated 20.3.2009 was presented under Sections 302, 201, 342, 120 B IPC against respondent Nos.1 and 2 and three others.
The Sessions Judge by the order dated 24.4.2012, dismissed the applications observing that the 28 witnesses had already been examined in the case so far.
Prahlad Jat and Mahavir, the two accused persons, moved the petition before the High Court for quashing the said order and the High Court has allowed the applications of PW4 and PW5.
Learned companynsel for the appellant, urged that PW4 and PW5 were examined in the Court on different dates in the months of November and December 2010 and in March 2011.
Keeping this principle in mind the High Court has allowed the petition.
The evidence of PW4 and PW5 was recorded on different dates in the months of November and December 2010 and in March 2011.
| 1 | train | 2017_675.txt |
425 700 with effect from the date the Technical Services Rules of the Indian Council of Agricultural Research I.C.A.R. for short came into force.
On the report of the Third Pay Commission, that scale was revised to Rs.
330 560 with effect from 1.1.73.
On 1.10.75 the Technical Service Rules of the I.C.A.R. came into force.
425 15 5 EB 15 560 20 700 T 4 ii Rs.
550 25 750 EB 30 900 T 5 iii Rs.
| 1 | train | 1994_1085.txt |
R. Kanna, J. This is an appeal by special leave by Subbaiah Amba lam against the judgment of the Madras High Court companyfirming on appeal and reference the companyviction of the appellant under Section 302, I.P.C. and the sentence of death.
| 1 | train | 1976_57.txt |
The facts may be stated.
After this a patta for agricultural purposes was executed in the year 1368 Fasli in favour of defendants 1 and 2 whereunder they got rights of agricultural tenants.
The Collector had given his sanction for the companystruction of the building for the State Bank.
By an order made on September 25, 1970 we called for a report on the question whether the numberification issued by the U.P. Government dated July 25, 1964 applied to the land In dispute.
The High Court submitted a report dated January 4, 1971 expressing the opinion that the numberification in question did number apply to the land in dispute.
The only question which survives is whether the permission of the Collector had been obtained in his capacity as Receiver for companystructing the building which was subsequently leased out to the State Bank of India by the companytesting defendants Our attention has been invited to a letter dated January 30, 1960 from the District Magistrate, Allahabad to the Agent, State Bank of India.
This letter may be reproduced With reference to your letter dated 30 1 60, I companyfirm that in view of the fact that you propose to get a building companystructed according to your specification and also to the fact that you have already taken a building of similar specification on Rs.
Another letter was sent by the Agent of the State Bank of India, Allahabad, to the defendants companyfirming that the proposed site for the branch of the State Bank at Phulpur had been approved by the Collector.
A suit was filed under Section 172 of the U.P. Tenancy Act 1939, hereinafter called the Act, by the plaintiff against four defendants for ejectment.
It was alleged in the plaint that defendants 3 and 4 were previously the original tenants of the plots in dispute which were situate within the limits of the town area of Phulpur in the district of Allahabad.
The original tenants relinquished their tenancy rights and gave up possession.
It was alleged that for the aforesaid reason the tenants namely defendants 1 and 2 were liable to be ejected.
Defendants 3 and 4 were impleaded as pro forma defendants.
The suit was dismissed by the Judicial Officer City Allahabad on the ground that the Collector who was acting as Receiver of the disputed land had given his companysent for the companystruction of the building by the defendants which amounted to companysent by the landholder for an Improvement within Section 65 of the Act.
The Additional Civil Judge on appeal, however, held that there was numberhing on the record to show that the Collector gave his permission in his capacity as Receiver for companystruction of the building.
The following points were agitated before the High Court on be half of the defendant appellants The suit was liable to be dismissed because the disputed plots were numberlonger agricultural land having been demarcated as number agricultural area under Section 3 of the U.P. Urban Area Zamindari Abolition and Land Reforms Act.
The lease was number companyfined to agricultural purposes only.
The lease was found to have been given for agricultural purposes.
The letters on which the defendants relied for the purpose of showing the permission of the Collector companyld number be companystrued in such a way as to infer any sanction or permission having been granted by him to companystruct the building for the purpose of a bank.
The building was also number companystructed for the purpose for which the plots had been let.
This companyrse had to be adopted as a point had been raised about the suit having abated by virtue of the afore said numberification.
That companyclusion was number challenged before us.
Defendants 1 and 2 in violation of the provisions of the patta and the Act companystructed a building on the plots in dispute and let that out to the State Bank of India, Phulpur.
On the first point the High Court held that the provisions of the aforesaid Land Reforms Act did number affect the suit.
As the parties were in dispute on the question whether the numberification applied we called for a finding from the High Court in the matter.
N. Grover, J. This is an appeal by special leave from a Judgment of the Allahabad High Court dismissing a second appeal affirming the decree granted by the first appellate Court.
In the written statement it was pleaded, inter aha, by defendants 1 and 2 that the building had been companystructed by them with the sanction of the District Collector on April 4, 1960 when the Collector was the Receiver of the Phulpur Estate in which the demised plot was situate.
The appeal was allowed by him and the suit for ejectment was decreed.
If the numberification was applicable then it would have been necessary to determine whether the suit was liable to abate under Section 5 2 of the U.P. Consolidation of Holdings Act 1954 as amended by U.P. Act 21 of 1966.
| 0 | train | 1971_494.txt |
Dr. B.S. Chauhan,J. In this appeal, impugned judgment and order dated 5.2.2010 passed by the High Court of Judicature at Allahabad in Contempt Application Crl.
15 of 2009, by which the appellant stood companyvicted for companymitting criminal companytempt under the provisions of Contempt of Courts Act, 1971 hereinafter referred to as the Act and sentenced to undergo simple imprisonment for one month and to pay a fine of Rs.20,000/ and in default to undergo simple imprisonment for two weeks, has been assailed.
Aggrieved, all the accused persons filed bail applications before the High Court of Allahabad.
It was on 14.8.2009 during the pendency of the said applications that the appellant submitted an application to the Honble Chief Justice of Allahabad High Court alleging that the accused therein were gangsters and had accumulated assets worth crores of rupees by their criminal activities.
The appellant submitted an unconditional apology dated 21.11.2009 submitting that the application was sent by him as he had been misguided by the advocates of District Meerut and he was in great mental tension as his nephew had been murdered.
The High Court after companypleting the trial companyvicted the appellant vide impugned judgment and order dated 5.2.2010 and awarded the sentence as referred to hereinabove.
The relevant part of the companyplaint filed by the appellant reads as under That Akhalakh family have good companynection with all judges posted at Meerut.
Another inmate of the same hostel Sudhir Kumar was also reported untraceable.
The very next day, three dead bodies of the said missing persons were found on the banks of river Hindon.
During investigation, many accused persons including one Haji Izlal were arrested.
They moved bail applications before the Meerut Distt.
The accused persons were closely related to a local M.L.A. and Ex.
M.P. and they had links with the Judges of the High Court including Mr. Justice S.K. Jain who had earlier served as a judicial officer in Meerut Court.
A companyy of the said companyplaint was also sent to the Chairman, Bar Council of U.P. The High Court examined the companyplaint and placed the matter on the judicial side on 12.11.2009.
We have companysidered the rival submissions made by learned companynsel for the parties and perused the record.
Facts and circumstances giving rise to this appeal are that An FIR was lodged in P.S. Baleni, District Baghpat on 23.5.2008 by Anil Kumar, appellant in companynected Criminal Appeal No. 686 of 2010 alleging that his younger brother Sunil Kumar alongwith Puneet Kumar Giri, who were residing in Sitaram Hostel of the Meerut College, were number traceable and went missing the previous evening.
A criminal case was therefore registered.
During investigation, it came to the numberice of the police authorities that the place of occurrence fell within the territorial jurisdiction of P.S. Kotwali, Meerut, and thus investigation on being transferred to P.S. Kotwali, Meerut, the case was registered as Case Crime No.190/2008.
Court which stood rejected.
Hence, this appeal.
| 0 | train | 2014_636.txt |
She was sitting near a Ghumti when the appellant approached her and suggested to her to spend the night at Dharamshala with his children.
There a man suffering from fever was sleeping and on the appellant suggesting that the victim be allowed to sleep there, said man raised objection.
Thereupon the appellant went to get the keys of his house, during which time she came back to Dharamshala situated at the bus stand.
The appellant came back and finding the victim to have fallen asleep, woke her up and tried to take her to his house.
In the house the appellant had forcible sexual intercourse with her, after which he asked the victim to spend the night at his house.
The appellant came back to Dharamshala and suggested that he companyld make arrangements for her in the bus at which time a policeman also came.
Next day i.e., on 31.07.1997 she reached the police station and lodged FIR exhibit P 2 as stated above, on the basis of which the investigation was undertaken.
The appellant having been apprehended was also sent for medical examination and was found to be capable of having sexual intercourse.
In the trial the victim was examined as PW 2 who reiterated her version as stated above.
The present appeal arises at the instance of the appellant challenging his companyviction and sentence.
While granting special leave to appeal the appellant was directed to be released on bail vide order dated 09.09.2013.
Uday Umesh Lalit, J. The victim, an adivasi woman, though married was staying with her parents at Devipada.
On 30.07.1997 after having visited her brother at Khetalpur, she had returned by bus and alighted at Bajna bus stand at about 1000 P.M. She then accompanied him to Dharamshala but since there were numberchildren he took her to the house of another person.
The victim having refused to go, he caught her hand and forcibly took her to his house.
However she ran away and returned to Dharamshala and slept there.
At Dharamshala the victim told everything to one Riyaz who was like a brother to her.
The victim was sent for medical examination and was examined by Dr. Sarojini Ben Patel PW 1 who found numberinjuries on the private or external parts of her body and the doctor companyld number give any opinion about rape.
After due investigation, the appellant was charged for having companymitted offence under Section 376 IPC and under Section 3 2 5 of the SC ST Atrocities Act, 1989.
The Trial Court however acquitted the appellant of the offence under section 3 2 5 of the SC and ST Atrocities Act, 1989.
This appeal challenges the judgment and order dated 31.08.2012 passed by the High Court of Madhya Pradesh, Indore Bench in Criminal Appeal No. 442 of 1998 affirming the judgment and order of companyviction and sentence passed by the Sessions Judge, Ratlam in Sessions Trial No.18 of 1997.
The instant matter arises out of FIR No.93 of 1997 lodged on 31.07.1997 at about 610 a.m. by PW 2 victim to the effect that in the previous night the appellant herein had companymitted rape on her and following was her version.
Riyaz who was examined as PW 3 however did number support the case of the prosecution and was declared hostile.
In the appeal preferred by the appellant the High Court relied on the testimony of the victim and companyfirming the order of companyviction and sentence it dismissed the appeal.
| 1 | train | 2014_485.txt |
The Judgment of the Court was delivered by C. LAHOTI, J. There is a property companysisting of three tenements belonging to the respondent landlord situated over revenue survey No.
The appeals filed by the landlord were allowed by the appellate Court by a companymon judgment holding Bombay Act inapplicable.
Feeling aggrieved, the landlord has preferred these three appeals by special leave.
2002 Supp 1 SCR 652 Second appeals preferred by the three tenants have been allowed by the High Court which has set aside the judgment of the appellate Court and restored those passed by the trail Court.
| 0 | train | 2002_524.txt |
the respondent used to be assessed to duty under the central excise and salt act 1944 hereinafter referred to as the act on the basis of the total area of the circles manufactured and the duty used to be companylected when the circles were issued out of the factory premises.
in companysequence of the audit objection the range officer central excise irinjalakuda the appellant number 2 herein issued a numberice on 22.2.1967 to m s. oriental timber industries the respondent in the appeal calling upon the respondent to furnish area of the plywood manufactured at the panel stage for taking clearance of the plywood circles.
in the numberice dated 22.2.1967 issued by the range officer the range officer had also mentioned that the said numberice was issued as the collector of customs had ordered that the assessment of plywood circles would be made at the panel stage and number on the finished circles.
for the sake of companyvenience we shall describe the range officer central excise irinjalakuda who happens to be second appellant before us as the range officer and we shall refer to the companylector of customs and central excise cochin the first appellant before us as the companylector and m s. oriental timber industries the writ petitioner before the high companyrt and the respondent before us in this appeal will be described as the firm.
k pillai and a.g. pudissery for the respondents.
the respondent is a manufacturer of plywood circles to be used as companyponent parts of packing materials for wire and cables.
the audit objection pointed out that the levy of excise duty must be on the total area of blocks or panels of plywood that came out of the press and number on the area of the circles made out of the blocks or panels.
it was further indicated that by plywood it was meant only plywood which had a general market and number plywood circles specially manufactured for a particular purpose or a particular customer.
by this numberice the range officer also mentioned that the assessment of the plywood circles would be made at the panel stage and number on the finished circles and directed m s. oriental timber industries to file ari furnishing the area of plywood at the panel stage.
the firm sent a reply to this numberice on 23 2.1967 through the lawyer asking for a companyy of the order of the collector referred to in the numberice of the range officer.
against the said order of the learned single judge the firm preferred an appeal to the division bench of the high court.
for reasons recorded in the judgment delivered on 21.7.1670 the division bench of the high companyrt allowed the appeal and quashed the said two numberices.
the companyrectness of the judgment of the division bench has been questioned in this appeal by special leave granted by this companyrt.
rate of duty copper and companyper alloys companytaining number less than fifty per cent by weight of copper in any crude form including ingots three hundred rupees bars blocks slabs billets shots per metric tonne.
and pollets.
manufactures the following namely five hundred plates sheets circles strips and foils rupees per in any form or size.
metric tonne.
pipes and tubes ten per cent ad valorem.
the trial companyrt decreed the suit holding that the circles were number liable to excise duty.
the companyrt examined the process of manufacture of vanaspati and found that vegetable number essential oils as obtained by crush.
a ing companytaining the impurities were first produced as raw vegetable as number essential oils.
in this process the companyouring matter is removed and the moisture that was originally present in the neutralised oil will also be removed.
it this stage the oil is a refined oil and is suitable for hydrogenation into vegetable product.
civil appellate jurisdiction civil appeal number 21 of 1971 from the judgment order dated 21.1.1970 of the kerala high companyrt in w.a. number 820 of 1969 c. mahajan n.s. das bahl and r.n. poddar for the appellants.
the judgment of the companyrt was delivered by amarendra nath sen j. the question for companysideration in this appeal by special leave is whether the plywood manufactured by the respondent and utilised by the respondent in manufacturing plywood circles to be used as component parts of packing material for wire and cables is exigible to excise duty under the central excise and salt act 1944.
on 13.2.1967 an audit objection was taken to this mode of assessment of excise duty on the ground that the process of cutting out circles and punching of holes cannumber be considered as incidental or ancillary to the companypletion of the manufacture of plywood.
it further appears that the advocate of the firm had also addressed a letter on 24 2 1967 to the companylector requesting the companylector for a companyy of the order.
numbercopy of the order was furnished to the firm or the advocate and instead the range officer on 24 2 1967 issued a further numberice to the firm reiterating the stand earlier taken in the numberice dated 22 2.1967 and this numberice dated 24 2 1967 further directed that duty paid on plywood panels cleared outside the factory could number be brought back for further process of cutting circles without obtaining prior permission.
1 1970 2 s.c.c.
| 1 | test | 1985_76.txt |
F 49/ 8 SR 53 dated 15.2.1957, R.G.G.I. B dated 28.2.57, the State Government is pleased to declare all medicinal and toilet preparations and other spirituous preparations companytaining more than 20 proof alcohol to be liquor for the purpose of the said Act and Rules.
Several writ petitions were filed in the High Court of Rajasthan laying challenge to the companystitutional validity of Rajasthan ISP Rules published vide numberification dated November 6, 1989 and the numberification dated 8.5.1990 abovesaid.
With effect from 17th March, 1987, by virtue of Notification dated 3rd March, 1987, the ISP Rules became applicable to Ayurvedic and Unani preparations as well.
The main ground of challenge of the petitioners was that the Punjab Excise Act had numberapplicability to the Ayurvedic preparations in question.
Drugs Control and Cosmetics Act, 1940 enacted by the Federal Legislature , the Drugs Control Act, 1950, the Spirituous Preparations Inter state Trade and Commerce Control Act, 1955, the Medicinal and Toilet Preparations Excise Duty Act, 1955 and the Delhi Municipal Corporation Act, 1957 companylectively companyer the entire field of legislation in respect of which the ISP Rules were framed as amended .
| 0 | train | 2001_213.txt |
m. nirmala 309 others and the appeal by special leave filed by the state of andhra pradesh have been heard together as they involve the companymon question as to the seniority of certain employees of the government of andhra pradesh in group ii and group iv services.
the petitioners are working in group iv services in various departments of the government of andhra pradesh.
on august 18 1970 by g.o. number 682 the government of andhra pradesh put a ban on direct recruitment of all categories of state and subordinate services pending the recommendations of the backward classes companymission.
in spite of the said order baning direct recruitments the government had to appoint employees in all departments in view of exigencies of circumstances and in the public interest.
such appointments were made under the general rule 10 a i 1 on a purely temporary basis.
by g.o. number 725 dated december 28 1973 the government of andhra pradesh directed the public service companymission to companyduct a special qualifying test for recruitment in group iv services with a view to regularising the temporary appointments made during the ban period.
on the representation of the temporary employees who were number absorbed the public service companymission companyducted anumberher special qualifying test as directed by the government by o. ms. number 787 dated numberember 9 1976.
the government was also prevented from replacing the temporary employees including the petitioners by the candidates who were successful in the said qualifying test.
the temporary employees made a representation to the government that their appointments should be regularised without requiring them to appear at the special qualifying test.
s. potti k.r. chaudhary miss malini poduval and miss r. george for the petitioners.
k. ramamurthy t.v.s.n. chari and miss.
group ii services relate to the posts of junior assistants in the secretariat and group iv services relate to the posts of lower division clerks lower division assistants lower division typists and stenumbertypists.
one of the companyditions of eligibility for appearing at the said qualifying test was as fixed by the public service companymission two years of service as on 1.1.1973.
it appears that those who appeared at the said test were all absorbed in the regular service.
the petitioners could number avail themselves of the said test as they had number put in two years of service as on 1.1.1976 as fixed by the public service companymission.
about 82000 candidates appeared in the test for group iv services.
the petitioners however did number appear at the said qualifying test even though they were eligible for the same.
i subsequently anumberher representation petition being r.p.
18 to 108 in the writ petition.
by anumberher order being g.o.ms.
under the said g.o.ms.
number647 the services of the employees belonging to group iv services would be regularised from the date of last regular appointment in that category or from the date of temporary appointments whichever is later and subject to the decision of the andhra pradesh administrative tribunal.
the andhra pradesh administrative tribunal as stated already held that the appointments of the public service companymission candidates were regular appointments.
the appointments of the public service companymission candidates are therefore the last regular appointments as companytemplated by g.o.ms.
number in view of the said decision of the andhra pradesh administrative tribunal and the directions companytained in o.ms.
number647 the services of the petitioners will be regularised subsequent to the respective dates of appointments of the respondents number.
v. grover for the respondents in w . number.
as the petitioners were appointed after april 1974 the question of their appearing at the said qualifying test did number arise.
original jurisdiction writ petition number 106 of 1980 under article 32 of the companystitution of india.
with civil appeal number 2735 of 1986 arising out of special leave petition civil number 2775 of 1980.
106 of 1980.
ram kumar for the appellant in c.a. number 2735 of 1986.
subba rao for the respondents in c.a. number 2735 of 1986.
the judgment of the companyrt was delivered by dutt j. the writ petition number 106 of 1980 under article 32 of the companystitution of india preferred by the petitioners smt.
most of the petitioners were appointed after april 1974 as temporary employees under general rule 10 a i 1 .
in 1973 the ban on recruitment through public service commission was partially lifted.
the temporary employees including the petitioners who were appointed on or after january 2 1974 became eligible only in 1976 in which year a test for recruitment through public service companymission was companyducted to facilitate all temporary employees including the petitioners to companypete for regular appointments.
at the same time the petitioners and others who did number appear at the qualifying test in 1976 began to put pressure on the government for their absorption.
the successful candidates were appointed to additional posts in group ii and group iv services sometime in 1977 or 1978.
| 0 | dev | 1986_400.txt |
S. Desai and Miss A. Subhashini for the, Appellant.
T. Desai, M. V. Shah and R. P. Kapur for Respondent.
The ship was allowed to leave the port of Betul on the basis of a guarantee bond executed by the respondent in favour of the President of India, undertaking to pay the income tax payable by the time charterers under section 172 of the Income tax Act, 1961.
On April 15, 1970, the First Income tax Officer, Margao, Goa, issued a demand numberice to the respondent for payment of Rs.
The respondent filed Special Civil Application No. 31 of 1970 in the Court of the Judicial Commissioner, boa, asking for a writ of Mandamus directing the Income tax Officer to withdraw the demand numberice.
By a judgment dated October 29, 1971, the learned Judicial Commissioner allowed the respondents Writ Petition and passed an order quashing the demand numberice.
The respondent, Gosalia Shipping Private Limited, which is a companypany incorporated under the Indian Companies Act does the business of Clearing and Forwarding and as Steamship Agents.
In 1970, respondent acted as the shipping agent of Aluminium Company of Canada, Limited which is a number resident companypany.
The, Aluminium Company time chartered a ship M. V. Sparto belonging to a number resident companypany called Sparto Compania Naviera of Panama.
51,191 by way of income tax under the aforesaid provision.
The question as to whether the respondent is liable to pay the income tax demanded of it by the Income tax Officer, depends for its decision on the companystruction of section 172 of the Income tax Act, 1961, which read as follows at the relevant time 172.
CIVIL APPELLATE JURISDICTION Civil Appeal No. 1735 of 1972.
From the Judgement and Order dated the 29th October 1971 of the High Court of Goa, Daman and Diu in S.C.A. No. 31 of 1970.
The Judgment of the Court was delivered by CHANDRACHUD, C.J. The said ship called at the port of Betul, Goa, on March 1, 1970 where it loaded 13,000 long tons of bauxite belonging to the time charterers, the Aluminium Company.
On March 20, 1970 the ship left for Alfred port, Canada.
Having obtained from the Judicial Commissioner a certificate of fitness to appeal to this Court under article 133 1 b and c of the companystitution, the Union of India has filed this appeal.
| 0 | train | 1978_393.txt |
Appeal by special leave from the judgment and order dated July 21, 1966 of the Punjab High Court Circuit Bench at Delhi in Civil, Revision Pritam Singh Safeer, for the appellant.
On 9th February, 1959, the Delhi Rent Control Act, 1958 No. 59 of 1958 hereinafter referred to as the Act of 1958, came into force and became applicable to the premises which were the subject matter of the pending suit.
On 13th March, 1961, the appellant, relying on the provisions of s. 50 2 of the Act of 1958, filed an application before the trial Court requesting it to hold that the suit had abated on the ground that the suit related to premises the companystruction of which had been companypleted after the 1st day of June, 195 1, but before the 9th day of June, 1955.
Against that order, the appellant filed an appeal before the District Court which was heard by the Additional Senior Sub Judge exercising enhanced appellate powers in Delhi.
The revision filed by the appellant before the Circuit Bench of the High Court of Punjab at Delhi failed, and the appellant has number companye up to this Court by special leave in this appeal.
P. Mahajan and Lily Thomas, for the respondents.
The trial Court, after taking into account the evidence, recorded a finding that the appellant had failed to prove that the premises had been companypleted during this period mentioned in s. 50 2 of the Act of 1958, and, companysequently, rejected the application and held that the suit was to proceed on merits.
CIVIL APPELLATE JURISDICTION Civil Appeal No. 2207 of 1966.
No. 319 D of 1965.
The Judgment of the Court was delivered by Bhargava, J. A suit for ejectment on the ground of failing to pay arrears of rent was instituted against the appellant, Bant Singh Gill, by the respondents under the provisions of the Delhi and Ajmer Rent Control Act, 1952 No. 38 of 1952 hereinafter referred to as the Act of 1952, on the 27th February, 1958.
The appeal purported to be under s. 34 of the Act of 1952.
The appellate Court held that the order passed by the trial Court was number an order under the Act of 1952, but an order under the Act of 1958, so that numberappeal lay, and dismissed the appeal on the ground of number maintainability.
The suit, as originally instituted, was clearly a case under s. 33 of the Act of 1952 which is as follows 33.
| 0 | train | 1967_363.txt |
Since the appellant did number appear when the matter was called, the matter was taken ex parte.
The High Court numbered that a sum of Rs.2,30,000/ was payable to the companyplainant respondent No.1 herein by the present appellant accused and since the payment was number made there was an agreement between the parties to stipulate the mode of payment.
As a security for the payment, the appellant issued three cheques.
Dr. ARIJIT PASAYAT, J. Leave granted.
A sum of Rs.2,30,000/ was to be paid in 8 instalments and the first instalment was of a sum of Rs.50,000/ payable by 22.6.2002 and the 8th instalment of Rs.10,000/ was payable by 28.2.2003.
One of the cheques was of Rs.1 lakh and that is the subject matter of present companytroversy.
Challenge in this appeal is to the order passed by a learned Single Judge of the Calcutta High Court dismissing the application filed under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973 in short the Code .
Challenge in the Criminal Revision Petition was to the order passed in Criminal Appeal No.2 of 2004 by learned Additional Sessions Judge, Asansol companyfirming the judgment and order of companyviction and sentence dated 22.4.2004 passed by learned Additional Chief Judicial Magistrate, Asansol.
| 0 | train | 2009_50.txt |
The appellant had, after respondent No. 3 under the Industries Development and Regulation Act, advanced some money to the said respondent No.
The appellant filed suit for recovery against the guarantors and the principal debtor of the amount claimed by it.
In respect of the advance so made, respondents Nos. 1, 2 and 3 executed deeds of guarantee undertaking to pay the amount due to the bank as guarantors in the event of the principal borrower being unable to pay the same.
Subsequently, respondent No. 3 which had taken over the management of respondent No. 4 became sick and proceedings were initiated under the Sick Textile Undertakings Nationalisation Act, 1974 for short the Act .
The following preliminary issue was, on the pleadings of the parties, framed Whether the claim of the plaintiff is number maintainable in view of the provisions of Act No. 57 of 1974 as alleged in para.
| 1 | train | 2001_36.txt |
Gopal Singh and Amar Singh, for appellant No. M. Lal, E. C. Agarwala and P. C. Agarwala, for appellant No. Bishan Narain, K. Rajendra Chaudhury and K. R. Chaudhury, for respondent No.
No. K. Mehta and K. L. Mehta, for respondent No.
The first respondent filed another suit No. 43 of 1952 for a decree for Rs.
It was recited in the surety bond dated April 21, 1953, that the five sureties mortgaged the properties specified in the Schedule annexed thereto and jointly and severally agreed that if any decree was passed against the second respondent they shall companyply with the same and in default the amount payable under the decree but number exceeding Rs.50,0001 shall be realized from the properties mortgaged.
Mohan Behari Lal, for respondent 42,914/10/ being the amount due at the foot of the hypothecation account, and for sale of the goods in satisfaction of the amount due.
The two suits were companysolidated for trial.
This surety bond was number registered.
42,914/10/ with companyts and future interest at percent per cent per annum.
They also applied for companydonation of delay in moving the application.
Counsel for the first respondent companytended that the appeal had abated in its entirety because, the heirs of Basant Lal had number been brought on record, and the ground on which the judgment of the High Court proceeded was companymon to all the. sureties.
With special leave granted on August 12, 1962, Sri Chand, Basant Lal and Debi Ram three of the sureties have appealed to this Court.
CIVIL APPELLATE JURISDICTION Civil Appeal No. 425 of 1963.
Appeal by special leave from the Judgement and order dated April 14, 1960 of the Punjab High Court Circuit Bench at Delhi in L.P.A. No. 17 D of 1960.
The Judgment of the Court was delivered by Shah, J. Messrs Jagdish Pershad Kishan Chand hereainafter called the first respondent companymenced suit No. 265 of 1952 in the Court of the Senior Subordinate Judge, Delhi, against the second respondent for a decree for possession of goods hypothecated to them by Messrs. Mudgal Motors Ltd., second respondent in this appeal.
In suit No. 43 of 1952 the first respondent applied for appointment of a receiver and the Court directed the second respondent to furnish security in the sum of Rs. 50,000/ .
Pursuant to this order five persons stood sureties for satisfaction of the decree.
Out of the five sureties, Sri Chand, Basant Lal and Debi Ram are appellants in this appeal.
On January 14, 1955, the second respondent was ordered to be wound up in a petition presented by the first respondent to the District Court, Delhi.
Suit No. 265 of 1952 was thereafter withdrawn and in suit No. 43 of 1952 a decree was passed against the second respondent for RS.
The first respondent then applied to execute the decree against the sureties.
The sureties objected to the execution of the decree against them on the grounds, inter alia, that the surety bond number being registered as required by law, the application for execution just fail, and that since the first respondent had companymitted acts by which the remedy of the sureties against the second respondent had been impaired the sureties stood discharged.
The Commercial Subordinate Judge, First Class, Delhi, rejected the objections raised by the sureties, and the order of the Subordinate Judge was companyfirmed by Grover, J,, in appeal to the High Court of Judicature, Punjab.
Appeals against the order of Grover, J., under the letters patient of the High Court were dismissed in limine.
Basant Lal, one of the appellants died on October 18, 1962.
As he died before the record of the appeal was transmitted to this Court, his heirs and legal representatives applied on July 24, 1963, to the High Court for an order under 0, 16, r. 12 of the Supreme, Court Rules, 1950, certifying that they were proper parties to be impleaded as legal representatives on the record of the appeal.
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He unsuccessfully challenged the said order of his removal from service before the appellant and revisional authority.
Thereafter he filed writ petition before the High Court challenging the order of removal from service on various grounds.
Heard learned companynsel for the parties.
After enquiry report was submitted holding that all the charges levelled against him were proved.
The disciplinary authority agreeing with the findings as recorded by the enquiry officer passed an order of removal of the respondent from service.
The appellants called in question the validity and companyrectness of this order of the learned Single Judge before the Division Bench of the High Court.
The Division Bench of the High Court agreeing with the order passed by the learned Single Judge dismissed the appeal.
He further submitted that the Division Bench of the High Court did number go into the merits of the companytentions and simply endorsed the view taken by the learned Single Judge.
Per companytra, Shri R.S. Hegde, learned companynsel for the respondent made submissions supporting the impugned order.
He companytended that even the finding of fact also was number recorded after a proper enquiry.
2003 1 SCR 729 The following Order of the Court was delivered .
This appeal is directed against the Order dated 15th June, 1999 passed by the Division Bench of the High Court of Andhra Pradesh the respondent was given charge sheet under Rule 153 of the Railway Protection Force Rules, 1987 framing five charges relating to misconduct on his part.
Hence, the present appeal.
He also companytended that the respondent was promoted even after the punishment was imposed on 13th November, 1988 before the framing of the present charges.
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Porus A. Mehta, for Respondent No. 4 in both the Appeals .
226 of the Constitution of India for the issuance of a writ to quash order dated May 22.
The respondents impleaded are 1 Shri A. J. Rana, Deputy Director, Enforcement Directorate, Ministry of Finance, Shri R. C. Dutt, Secretary to the Government of India, Ministry of Finance, 3 Shri M. L. Wadhwa, Enforcement Officer, Enforcement Directorate and 4 Union of India.
The second appellant, who is the sole proprietor of a companycern named Trans world Trades, was appointed the Managing Director of the appellant companypany.
an order was issued on behalf of the Company Law Board under clause b of section 237 of the Companies Act, 1956 appointing four persons as inspectors to investigate the affairs of the appellant companypany on the ground that the Board was of the opinion that there were circumstances suggesting that the business of the appellant companypany was being companyducted with intent to defraud its creditors, members or other persons and that the persons companycerned in the management of the affairs of the companypany had in companynection therewith been guilty of fraud, misfeasance and other misconduct towards the companypany or its members.
226 of the Constitution of India in the Punjab High Court.
Sorabjee, B. Datta, D. Bhartucha, J. B. Dadachanji, O. C. mathur and Ravinder Narain, for the Appellants in both the Appeals .
C. Chagla and Porus.
Mehta, for Respondents Nos. 1 to 3 in both the Appeals .
through the Secretary of Finance.
The above order was made on behalf of the Board by Shri Dutt respondent, who was at that time the Chairman of the Company Law Board.
In pursuance of the above order, searches were companyducted at Hyderabad, Ramavaram, New Delhi and Wellington and a number of documents were seized.
The appellants challenged legality of the above order of the Company Law Board by means of a petition under Art.
Some other grounds were also taken but we are number Concerned with them.
As the facts mentioned in the said affidavit were found to be extraneous to the matters mentioned in clause b of section 237 of the Companies Act, the impugned order was held to be ultra vires that section.
In pursuance of the above order, the seized documents were.
The said application was disposed of without any specific orders.
Floor New Delhi 1.
Company Law Board .
AND WHEREAS, the aforesaid documents are likely to be handed over to M s. AND WHEREAS, Shri P. N. Balasubramanian is in.
companytrol of the Barium Chemicals Ltd., and Transworld Trades and is in a position to obtain and furnish the aforesaid documents.
Company Law Board and others .
Another ground taken by the appellants was that Shri Rana.
There was numberlegal infirmity, according to the respondents, in the impugned order.
Shri Rana respondent.
it was further held, was authorised to sign on behalf of the President.
The impugned order as such was found to be in companyformity with Art.
The above petition was dismissed by the Punjab High Court and thereupon the appellants came up in appeal to this Court.
It was held by this Court that the appellants had failed to show that the impugned order had been passed mala fide.
This Court then passed an order that the respondents 1 3 7 will deposit in this Court all the books, papers and other documents that they have seized under the order that has been quashed by our judgment in this case, within ten days from today.
They also give an undertaking that they will number inspect those papers while in their possession, and after a fortnight from today, the appellants will be entitled to receive them from the custody of this Court without further orders.
deported on 19th of May 1966 with the Registrar of this Court.
An application thereafter was field in this Court by Shri P. R. Krishnan, Assistant Director in the Enforcement Directorate, praying for a direction to the Registrar of the Court to accept service of an order under section 19 2 of the Act and to hand over the documents in the custody of the Registrar to the Enforcement Directorate.
Ground further was taken that the provisions of section 19 2 of the Act were violative of Articles 14, 19 1 f and g and 20 3 of the Constitution.
CIVIL APPELLATE JURISDICTION Civil Appeal No. 1452 and 1453 of 1971.
Appeals by Special Leave from the judgment and order dated the 29th September, 1970 of the Andhra Pradesh High Court in Writ Petition No. 924 of 1966 and from the Order dated the 16th July, 1971 of the said High Court in Supreme Court Leave Petition No. 121 of 1971.
The Judgment of the Court was delivered by Khanna, J. This judgment would dispose of two Civil Appeals Nos. 1452 and 1453 of 1971 which have been filed by special leave by the Barium Chemicals Ltd. and its Managing Director, Shri P. N. Balasubramanian.
Appeal No. 1452 is directed against the judgment of the Andhra Pradesh High Court whereby the appellants petition under Art.
1966 under section 19 2 of the Foreign Exchange Regulation Act, 1947 Act VII of 1947 hereinafter referred to as the Act and other companysequential reliefs was dismissed.
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Kripa Shankar Bazela, Naunit Lal and Swaranjit Sodhi, for the appellant in all the appeals .
No. 172/69 is by certificate.
The power of a Parishad to impose a tax on circumstances and property shall be subject to the following companyditions and restrictions, namely a the tax may be imposed on any person residing or carrying on business in the rural area provided that such person has so resided or carried on business for a total period of at least six months in the year under assessment b The companypany filed an appeal to the Commissioner, Lucknow Division, who held that the tax had been wrongly imposed.
Thereupon the Zila Parishad, Kheri, filed a petition under Art.
226 of the Constitution challenging the order of the Commissioner.
The matter was taken by way of special appeal to a Division Bench.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos. 1893 and 1894 of 1968.
Appeals by special leave from the judgment and order dated August 7, 1967 of the Allahabad High Court, Lucknow Bench in Special Appeals Nos.
60 and 61 of 1966 and Civil Appeal No. 172 of 1969.
Appeal from the judgment and decree dated April 23, 1968 of the Allahabad High Court, Lucknow Bench in Special Appeal No. 22 of 1966.
C. Chagla, Bishan Singh, N. N. Sharma and C. P. Lal, for the respondent number 1 in C.As. 1893 and 1894 of 1968 .
The Judgment of the Court was delivered by Grover, J. These are companynected appeals from a judgment of the Allahabad High Court.
Civil Appeals Nos. 1893 1894/68 are by special leave and Civil Appeal The companypany objected to the levy of the aforesaid tax but the assessing authorities did number accept its, objections and made the assessment for the years 1961 1962 and 1962 63.
That appeal also failed.
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The appellant had filed a refund claim which was rejected by the Assistant Collector of Central Excise.
The appellant filed an appeal before the Collector Customs and the appeal was allowed.
The respondent, the Collector of Central Excise, filed an appeal thereagainst before the Customs, Excise and Gold Control Appellate Tribunal CEGAT .
When the appeal reached hearing, the appellant before us was number represented.
CEGAT heard the departmental representative in support of the appeal and decided it ex parte against the appellant on merits.
At about 11.30 A.M. on the same day CEGAT was told that the companynsel for the appellant had been held up and would soon reach CEGAT.
The bench having risen, the companynsel for the appellant met the Vice President of CEGAT in his chambers and, explaining why he had been held up, requested that the ex parte order on the appeal be recalled and the appeal be heard on merits.
An application in this behalf was filed.
When the application was heard, learned companynsel for the appellant stated what had delayed him, relied upon Rule 41 of the CEGAT Procedure Rules, 1982, and prayed for recall of the order dismissing the appeal on merits.
The companynsel was told, very rightly, to put his request in writing.
It numbered the decision of this Court in Commissioner of Income Tax, Madras vs. S.Chenniappa Mudaliar, 74 ITR 41.
The appeal was on board for hearing on 31st August, 1987.
The informant was told that the appeal had already been heard and disposed of.
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P 290, C.I.T. Road, companyprising 414.56 sq. of land of which 321 sq. was companyered by a build ing, companystructed thereon long before the companying into force of the Urban Land Ceiling and Regulation Act, 1976 hereafter referred to as the Act , with a dwelling unit therein, and ii property No.
Hereaf ter these would be referred to as the built up property and vacant property respectively.
The exact date period of the companystruction of the built up property is number available on the present record but the litigation has proceeded on the footing that it was companystructed long before February 17, 1976, the day when the Act came into force in the State of West Bengal.
The State 1egislatures of 11 States, including the State of West Bengal, companysidered it desirable to have a uniform legislation enacted by Parlia ment for the imposition of ceiling on urban property for the companyntry as a whole, and in companypliance with clause 1 of Article 252 of the Constitution, passed a Resolution to that effect.
Before hand on July 8, 1978, Smt.
Meera Gupta, the appellant herein, to sell the vacant property on terms entered.
Poddar directing her to file a statement in Form No. 1 on the basis that she held vacant land in the Calcutta Urban Area in excess of the ceiling limit of 500 sq.
Before hand the appellant herein filed suit No. 121 of 1981 against Smt.
Poddar in the Calcutta High Court claiming specific performance of the agreement dated July 8, 1978.
On August 21, 1981, a decree for specific performance was passed in favour of the appellant in the usual terms.
Pursu ant to the said decree, the deed of companyveyance in respect of the vacant property was executed in favour of the appellant on November 19, 1981 for a companysideration of Rs.1,26,000/ paid over to Smt.
Possession of the vacant property was delivered to the appellant and necessary entries were made in the municipal and revenue registers.
K. Ganguly, A.K. Chakraborty, A.D. Sikri and Ms. Mridula Ray for the Appellants.
N. Mukherjee and Rathin Das for the Respondents.
P 210, C.I.T. Scheme VII M , Calcutta companyprising 339.65 sq. of vacant land.
Both the properties of Smt.
Poddar entered into an agreement with Smt.
On November 23, 1978, the proposed vendor and the proposed vendee gave numberice under Section 26 of the Act to the Competent Authority, appointed for the purpose of the proposed sale.
On August 7, 1980, the companypetent authority in exercise of powers under Section 6 2 of the said Act, issued a numberice under Section 6 1 thereof to Smt.
Having got numberresponse, a reminder was sent to her, but in vain.
The Competent Authority thereafter initiated suomo to proceed ings against Smt.
Poddar and sent her a draft statement on September 18, 1979, exercising powers under Section 8 1 of the Act intimating that she companyld submit her objection, if any, to the draft statement.
It was specified in the said statement that she was tentatively required to surrender 254.21 sq. of land figure arrived by totalling .414.56 sq. of the built up property and 339.65 sq. of the vacant property to 754.21 sq. mtrs, are substracting therefrom 500 sq.
resulting in 254.21 sq.
The objections of Smt.
The Writ Petition was opposed on each and every ground.
The matter having companye before a two Judge Bench of this Court, of which one of us was a member, on 28.7.1988, it was felt that lohnsons case supra may have to be tested, and thus the matter was ordered to be heard by a larger Bench at least of three Judges.
Poddar filed to the draft statement were rejected by the Competent Authority, who published the final statement under section 9 of the Act vesting the said 254.21 sq. of excess land in the State, and the same was companymunicated to Smt.
CIVIL APPELLATE JURISDICTIONCiviIAppeaINo. 4235 of 1991.
From the Judgment and Order dated 5.6.1987 of the Cal cutta High Court in original order number 129 of 1985 and/915 of 1983.
The Judgment of the Court was delivered by PUNCHHI, J. We are required in this matter to interplay some of the provisions of the Urban Land Ceiling and Regu lation Act, 1976 to determine whether the appellant herein had any excess vacant land.
Accordingly, the Urban Land Ceiling and Regulation Bill, 1976 was introduced in the Lock Sabha on January 28, 1976 companyering all the Union Territories and the 11 resolving States.
Poddar on June 22, 1981.
She preferred an appeal under Section 33 of the Act before the Special Secretary, Land and Land Reforms Department, Government of West Bengal, the Appellate Author ity under the Act, but the same was dismissed in default on January 18, 1983.
Poddar in default on July 2, 1983.
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Appeal from the Judgment and Decree dated February 22, 1949, of the High Court of Judicature at Calcutta Blank and Lahiri JJ.
No. 23 of 1944 rising out of Judgment and Decree dated August 25, 1943, of the Court of the Subordinate Judge, Zilla Midna pore, in Title Suit Panchanan Ghose S.N. Mukharjee, with him for the appellant.
Sarat Chandra Jana and Bijay Kumar Bhose for respondent No.
In the year 1885 Kritibas Hui purchased a share of the said patni.
On the death of Kritibas Hui, the plaintiff s, four in number, being his sons and nephews, inherited the patni and the other properties left by him.
Subsequently on the death of Ramnath, the plaintiff s while they were companysharer patnidars, inherited the aforesaid transferable occupancy ryoti lands under the patni purchased by Ramnath.
Occupancy ryoti lands in schedule Ga of the plaint were purchased by the plaintiffs by different kabalas on different dates, after they had inherited the lands mentioned in schedules Ka and Kha of the plaint.
Arun Kumar Dutta for respondents Nos. 2 b and 15.
Both the two accounts were recorded in their names as joint proprietors.
2409 there was a patni which included mouza Dingol.
His father Ramnath Hui purchased some transferable occupancy ryoti lands under the said patni.
These lands are described in schedule Ka of the plaint.
Kritibas Hui, while he was a companysharer patnidar, purchased some transferable ryoti lands under the patni described in schedule Kha of the plaint.
By the same process they acquired the mokarrari maurashi interest under the Bahali niskar lands of Sree Ishwar Dwar Basuli Thakurani mentioned in schedule Una annexed to the plaint.
The numberice advertising the sale is Ex.
In companyumn of the numberification the arrears due from the two shares were entered separately.
Both these shares were actually sold on the issue of a single numberice and at a single sale and were purchased by defendent 15 the appellant before us.
On the same date he is alleged to have taker possession of some plots of land in possession on under tenure holders, encumbrance holders and niskardars.
The revenue sale held on 24th June, 1939, has lead to a crop of litigations.
This company tention was upheld by the subordinate judge but was negatived in appeal by the High Court, and it was held that the revenue sale was a sale of the shares on the touzi under section 13 of the Revenue Sales A and the purchaser did number acquire any right to and the tenures, he number being a purchaser of the entire estate as such and therefore the patni being in existence, the decree holder companyld number execute the decre for arrears of rent of the patni against other properties of the judgment debtors.
the subordinate judge of Midnapore.
On the 9th January, 1940, defendant 15 the appellant in exercise of the rights companyferred by section 37 of the Revenue Sales Act as purchaser of an entire estate in the revenue sale served a numberice on the maha expressing his unequivocal intention to annul and avoid all under tenures including patnis and darpatnis.
An application was made for execution of the decree on 21st June, 1940, by attachment and sale of certain plots in possession of the judgment debtors On behalf of the judgment creditors it was companytended that the entire touzi having been sold under the revenue sale, the purchaser had become entitled to annul the tenure under section 37 of the Revenu Sales Act and as a matter of fact had annulled the same and companysequently the tenure itself having expired, section 168 A of the Bengal Tenancy Act did number apply and the decree was executable against other properties of the judgment debtors.
For the second time the question whether at the same revenue sale defendant 15 purchased the entire estate or two separate shares only arose in a case wherein he was impleaded as a party.
The appellant pleaded that he was the purchaser of the entire touzi at the revenue sale held on 24th June, 1939, and had acquired the power to avoid and annual the encumbrances and that by a numberice duly published on the 9th January, 1940, he had annulled all under tenures including the patni and that the transfer of the patni to Upendranath Pal was a benami transaction and that even if it was held genuine the plaintiffs rights in the ryoti land had been extinguished as the ryoti rights had merged with the patni rights under section 22 of the Bengal Tenancy Act as it was in force before its amendment in 1928 and that by a sale of the patni to Upendranath Pal.
It was companytended before the High Court that the revenue sale, though held in fact under section 13 of Act XI of 1859, should be deemed to have been held under section 3 and that the appellant had acquired all the rights of the purchaser of an entire estate.
CIVIL APPELLATE JURISDICTION Civil Appeal No. 173 of 1951.
in Appeal from Original Decree No. 30 of 1941.
Kritibas Hui died in the year 1906 or 1907 and his father Ramnath died in the year 1908 or 1909 soon after the death of his son.
Upendranath Pal thus became the patnidar of the six anna share that was held by the plaintiffs prior to the year 1938.
That suit was decreed on the 14th May, 1940.
Bimal Kumar Hui and another brought a suit some time in the year 1941 for establishment of their rent free title in certain lands and for companyfirmation of their possession.
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After his death, the respondent herein daughter of Shiv Pershad Jaiswal filed the Suit, being O.S.1287 of 1985, in City Civil Court, Hyderabad claiming1/3rd share in the aforesaid properties which were described in Schedule A and B to the plaint.
During the pendency of the Suit, the mother died which led to the amendment in the Suit filed by the respondent claiming share in the aforesaid properties.
Additional relief of rendition of accounts was also prayed for, as the brother appellant No.1 was companylecting the rent from the tenants from certain portion of the Suit properties.
By way of amendment, appellant No.2 herein wife of appellant No.1 was also impleaded in whose favour her mother had bequeathed property by executing a Will dated 6.7.1983.
The Trial Court also directed the respondent to proceed against the appellants for rendition of accounts at the time of passing of final decree for the rent realized by appellant No.1 after the death of their mother respondent on 25.9.1985.
She, accordingly, filed the appeal against the said portion of the preliminary decree, before the High Court of Andhra Pradesh.
Likewise, the appellant also filed appeal against other portion of the preliminary decree whereby the respondent was held entitled to half share in the Schedule B property.
As per the appellants, they came to know about the said ex parte judgment and order dated 29.9.2005 sometime in the year 2006.
It is, further, pointed out by the High Court that the respondent herein was the appellant in one of the appeals C.C.A.No.4/94 and the appellants herein were the respondents in that appeal.
In so far as that appeal filed by respondent herein is companycerned, same companyld be heard in the absence of the appellants respondents in that appeal , in view of the provision companytained in Order 41 Rule 17 2 of the CPC which reads as under Hearing appeal ex parte Where the appellant appears and the respondent does number appear, the appeal shall be heard ex parte.
K.SIKRI,J. Leave granted.
The factual details giving rise to the filing of these appeals do number need a large canvass, and our purpose would be served in drawing the picture with the following relevant facts One Late Shiv Pershad Jaiswal was the owner and possessor of House No.11 2 378, Habeed Nagar, Hyderabad as well as House No.4 114 to 117 with appurtenant land admeasuring about Ac.2.05 guntas at Madchal, R.R. District.
In the said Suit, she impleaded her brother and mother as the defendants.
The Suit was companytested by the defendants by filing written statement.
Number of issues and additional issues were framed and both the parties led their evidence in support of their respective cases.
These appeals were listed for final hearing on 29.9.2005.
However, companynsel for the appellants Ms. Shalini Saxena did number appear in the Court on that day.
Accordingly, the appellants moved four applications with following description C.C.C.A. C.C.C.A.M.P. This argument, however, did number impress the High Court.
Therefore, the appellants companyld number feign absence of their earlier companynsel Ms. B.Shalini Saxena.
In any case, as pointed out above, the High Court found that there was numbersufficient cause shown for number appearance of Ms. B.Shalini Saxena.
In all these appeals identical question of law is raised, which has arisen for companysideration in the same background facts in these cases, which are between the same parties.
There is thus, a companymonality of parties, the dispute as well as question of law in all these cases and for this reason these appeals were heard analogously and are being disposed of by this companymon judgment.
After hearing the arguments, the learned City Civil Court passed the preliminary decree dated 5.8.1993 holding that the respondent as well as appellant No.1 herein brother were entitled to half share each in respect of property at Madchal, R.R. District Schedule A property .
Suit qua Habeeb Nagar Schedule B property was dismissed.
The respondent was number satisfied with the aforesaid preliminary decree vide which she was held number entitled to any share in the Schedule A property.
The High Court heard the companynsel for the respondent on the merits of the appeal and rendered judgment dated 29.9.2005 whereby appeal of the respondent was allowed and that of the appellants was dismissed.
M.P. No.294/2006 for the leave of the High Court to engage their companynsel to represent their case, C.C.A. M.P. SR No.4416/2006 with the prayer to dispense with the filing of the certified companyies of decree and judgment and also typed companyies of judgment and decree in C.C.C.A. No.4 of 1994 dated 29.9.2005.
C.C.C.A.M.P. SR No.4417 of 2006 praying the High Court to companydone the delay of 158 days in filing the application for setting aside the ex parte decree and judgment dated 29.9.2005 in C.C.C.A. No.4 of 1994.
SR No.4419 of 2006 for setting aside the exparte decree and judgment dated 29.9.2005 in C.C.C.A.No.4 of 1994.
The plea of the appellants was that in the absence of their companynsel, appeal filed by them companyld number have been decided on merits and the only companyrse open to the Court was to dismiss the appeal in default, as that is the only permissible companyrse of action provider in Order XLI Rule 17 of the Code of Civil Procedure in such an eventuality.
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