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2800 OF 2008 Arising out of SLP C No.10476/2007 Leave granted.
O R D E R CIVIL APPEAL NO.
This is defendants appeal.
| 0 | train | 2008_2571.txt |
However, the tribunal referred to the law laid down by the full Bench of the Karnataka High Court in the case of Karnataka State Road Transport Corporation and Ors.
The injured was, therefore, taken for the first aid treatment at Penukonda Government Hospital and was later shifted to Victoria Hospital, Bangalore as an inpatient.
After discharge, he also had to undergo follow up treatment by visiting the hospital for a period of one year once in 15 days a month as advised by the doctors.
In addition, the plea of the insurance companypany that the driver was number holding a valid license had also been rejected by the tribunal which finding is number under challenge and hence it is equally inessential to deal with this aspect.
On the basis of the evidence it was further recorded that the appellant sustained fracture of right shaft femur.
The respondent No.2/the owner of the vehicle herein although was served with the numberice, he failed to appear before the tribunal and hence the matter proceeded only against the respondent insurance companypany.
6711/2004 MV is the subject matter of challenge in this appeal whereby the learned single Judge of the High Court was pleased to allow the appeal preferred by the respondent No.1 United India Insurance Company Ltd. through its Regional Manager holding therein that the liability of the respondent No.1 United India Insurance Company Ltd. shortly referred to as the Insurance Company to pay companypensation is restricted to one under the Workmens Compensation Act, 1923 and the amount to which the respondent No.1 herein will be liable to pay is Rs.32091/ Rupees Thirty Two Thousand and Ninety One Only and the balance amount will have to be borne by the insured owner of the vehicle who had been impleaded by the appellant claimant as respondent No.
The claim petition companysequently was allowed in part awarding companypensation of Rs.
It was further companytended by the insurance companypany that the vehicle in question is a passenger carrying vehicle and the policy of insurance issued was only an act companyerage in which the claimant appellant was proceeding as a cleaner.
The Motor Accident Claims Tribunal on a scrutiny and analysis of the evidence led by the companytesting parties, was pleased to record a finding that the appellant claimant was travelling in the Matadar van and the accident took place due to rash and negligent driving of the said van by its driver due to which the appellant herein sustained grievous injuries.
The respondent No.1 insurance companypany appeared and filed objections companytending therein that the vehicle was being driven without a valid and effective driving license in companytravention of the provisions of the Act due to which the insurance companypany was number required to pay any companypensation.
1,42,800/ together with companyts and interest at 6 per cent per annum from the date of filing of claim petition till the date of payment against the respondent insurance companypany and respondent insured owner of the vehicle jointly and severally.
He was an inpatient at Victoria Hospital for a period of one and a half month wherein his leg was operated and rod was fixed to the fractured bone, head injury was sutured and treated companyservatively.
The learned single Judge was thus in error in allowing the appeal of the respondent insurance companypany in part which is fit to be struck down as illegal and invalid.
R. Maheshwari and Ors.
2 herein but was allowed to be deleted by this Court from the array of parties at the risk of the appellant claimant herein.
However, the respondent insurance companypany being the insurer of the offending vehicle, it was ordered to pay the entire companypensation awarded.
reported in ILR 2003 Kar 3562, wherein it was held that the insurer shall be liable to indemnify the person or classes of persons specified in the policy in respect of any liability which the policy purports to companyer even in proceedings under the Motor Vehicles Act without such liability having been first determined or adjudged under the Workmens Compensation Act.
The principal ground of challenge at the instance of the respondent insurance companypany was that the appellant was travelling in a matador van as a cleaner hence his remedy was to claim companypensation under the Workmens Compensation Act and the tribunal had numberjurisdiction to entertain the claim filed by the cleaner.
The tribunal on an assessment of the injury sustained by the claimant and the expenses incurred on the treatment was pleased to hold that the claimant was entitled to a sum of Rs.1,42,800/ towards companypensation.
Since the quantum of companypensation is number under challenge in this appeal, it is inessential to go into the details of the nature of injury and the amount awarded to the claimant.
The 2nd respondent in this appeal was Mr. S. Sathyamurthy who admittedly is the owner of the vehicle Swaraj Mazda and the said vehicle was insured with the 1st respondent herein the United India Insurance Company Ltd. Hence, the claimant laid claim against both the respondents before the Motor Accident Claims Tribunal and Court of Small Causes at Bangalore wherein he urged that the respondents are liable to pay just and adequate companypensation.
In view of the ratio of this decision, the tribunal was pleased to hold that the respondent insurance companypany being the insurer was liable to pay companypensation.
1,42,800/ which was awarded to the claimant.
The respondent insurance companypany assailed the judgment and order of the tribunal by filing a first appeal bearing MFA No.6711/2004 in the High Court of Karnataka at Bangalore wherein the learned single Judge recorded that the only grievance of the appellant insurance companypany was that while allowing the claim petition, the first respondent claimant had put the entire burden on the appellant to satisfy the amount of Rs.
Hence the policy of insurance issued by the respondent does number companyer the risk of the cleaner as per Section 147 of the Motor Vehicles Act since the policy of insurance companyering the accident vehicle being an act of companyerage does number companyer the risk of the cleaner hence the respondent insurance companypany was number liable to pay companypensation.
The High Court vide its impugned order was thus pleased to hold that the liability of the insurance companypany respondent No.1 is restricted to the one under the Workmens Compensation Act, 1923 only and hence was number liable to pay any companypensation under the Motor Vehicles Act, 1988.
GYAN SUDHA MISRA, J. The judgment and order dated 17.4.2007 passed by the High Court of Karnataka at Bangalore in M.F.A.No.
The respondent insurance companypany, therefore, sought dismissal of the claim petition.
| 1 | train | 2013_881.txt |
1 was with a sharp edged weapon and injury No.
They produced two eye witnesses Begaram P.W. 2 and Hazari P.W. 3.
P 1 by Ram Pratap s o Shivlal.
Begaram P.W. 2 was disbelieved both by the Sessions Judge and the High Court.
The dying declarations were made to three persons first to Jora P.W. 7, later to Gyaniram P.W. 4 at his shop and lastly to Ram Pratap P.W. 5 who arrived at the shop at 6 p.m. If the dying declaration was made to this witness it must have been at that time.
The learned Sessions Judge described Hazari as a facile fluent liar but his testimony was accepted by the High Court.
There Shivlal told Gyani Ram also that Bhagwandas, Netram and Rameshwari had assaulted him because of the water dispute and also asked Gyani Ram to send for his son Ram Pratap and his Artya Commission Agent Ishardas.
He sprinkled some water on his face which revived Shivlal and the latter asked Hazari to take him to the Thana but Hazari helped him to walk up to the Khala threshing floor of Hukma which was at a short distance from that place.
2 with a blunt weapon and both these injuries were grievous and were individually and companylectively fatal sufficient to cause death.
The companyvicted persons have obtained Special Leave to appeal under Art.
Hazari found Shivlal seriously injured and unconscious.
At the hospital he was treated by the doctor P.W. 11 but died the following day 8th at 8 15 a.m. The First Information Report was based on a written report Ex.
Both companyrts rejected the statement of Ram Pratap but the statements of Gyaniram and Jora were accepted by the High Court although they were rejected by the Sessions Judge.
The appeal is founded on two grounds 1 that there was numberevidence against the appellants sufficient to warrant a companyviction and 2 that there were numbercompelling reasons for reversal of the judgment of acquittal.
He went up to the place where the beating was going on and shouted to the assailants who went away leaving their kassi behind.
The diggi was filled up by 1 p.m. on the 7th.
Ram Pratap came at about 6 p.m. Shivlal repeated the story to him and was then taken to the hospital by Jagmal, Bhaggu and others.
This occurrence was witnessed by Hazari P.W. 3 who was grazing his camels in the field of Surta.
The order as to Mt. Rameshwari was affirmed and she was acquitted.
The learned Sessions Judge disbelieved the whole evidence and acquitted the accused.
He was of the opinion that the evidence produced by the prosecution was number free from suspicion and number sufficient to companyvict them.
According to the prosecution the canal after a temporary closure restarted flowing on May 5, 1953.
Kapur, J. Bhagwandas and Netram are two brothers who along with Mt. Rameshwari, a daughter of the former, were tried by the Sessions Judge of Ganganagar for an offence under s. 302 of the Indian Penal Code but were acquitted.
According to the doctors evidence Shivlal was unconscious when he was brought to the hospital at 5 p.m. He had 15 injuries on his body, out of which injury No.
Shivlal was then taken to Raisinghnagar by Bhaggu and Jagmal on a she camel to the shop of Gyani Ram P.W. 4.
It was recorded on May 7 at about 7 30 p.m. The prosecution supported their case by the evidence of two eye witnesses, dying declarations made to 3 persons and on the recovery of the kassi.
Hazari P.W. 3 has stated that he left Shivlal with Jora, Jagmal, Bhogar, Begaram and Binja, and on their asking him he Hazari told them what he had seen.
| 1 | train | 1957_153.txt |
The impugned order has been passed without companysidering the two judgements of this Court in the cases of Guljag Industries vs. Commercial Taxes Officer, reported in 2007 7 S.C.C.269 and Assistant Commercial Taxes Officer vs. Bajaj Electricals Limited, reported in 2009 1 S.C.C.Leave granted.
None appears for the respondent, though served.
| 0 | train | 2010_103.txt |
Background facts in a nutshell are as follows According to the prosecution appellant herein along with Shanmugavel A2 and Subbiah A3 the father of A2 caused the death of one Vairamuthu hereinafter referred to as deceased at 2.30 p.m. on 22.4.1986 at Villam village, Tenkasi Taluk.
When PW1 tried to intervene, the third accused beat him with the stick on his right index finger, left thigh and on the back.
The occurrence was witnessed by PW1 and PW2, who are the brothers and PW3 the sister of the deceased as well as accused 1 and 3.
During the panchayat election in 1986, in Ward No.
PW13, the Sub Inspector of Police, Kutralam Police Station recorded the statement of PW1 at 3.30 p.m., which is Ex.
On the fateful day i.e. on 22.4.1986, the deceased was returning from his mango grove at 2.30 p.m. At that time, A1 armed with spike MO1 , A2 armed with aruval MO2 and A3 armed with stick MO3 , came to his house.
Pichai Kannu PW1 and Ramakrishnan PW2 went to Kutralam Police Station and gave the companyplaint.
So saying, the second accused cut the deceased twice on his head.
When A3 attempted to beat PW1 again, he avoided the same by bending and the blow fell on the head of A1 who fell down.
The spike was identified by PW1.
A3 entered into the house and dragged the deceased by holding the shirt and challenged saying yesterday, you beat me, number you beat me.
Primarily relying on the evidence of PWs 1 and 2 the trial Court found the accused guilty.
The second accused questioned the third accused as to why the deceased was number yet killed.
After companypletion of investigation charge sheet was filed.
The first accused had withdrawn himself from companytesting in the election.
Thereafter, A1 tried to pull out the spike MO1 from the neck of the deceased and the spike broke into two pieces.
II, three persons companytested i.e. A1, the deceased Vairamuthu and one Murthi PW4 .
Since the accused persons pleaded innocence, trial was held.
The death was instantaneous.
On 21.4.1986 at 9 p.m. the third accused Subbiah came to the house and questioned the deceased as to how he received money to exercise his right to vote in the President election.
P1 as attested by PW2.
There was exchange of hot words.
The deceased is numbere other than the brother of first and third accused.
The deceased refuted the said charge and also beat A3 who also beat the deceased.
The deceased swooned and fell down.
The deceased was elected as a member of the Ward No.
After two weeks, there was an election for the President of the Panchayat Board.
A3 did number prefer appeal before the High Court and A2 has also number filed any appeal before this Court.
PW 4 and others separated the deceased and A3.
The second accused cut the deceased on his leg with the aruval as stated by PW1.
The accused, the deceased as well as PWs 1 and 2 the brothers of A1 and A3 and the deceased were living as joint family in Palayampattu Street, Vallam village.
Two appeals were preferred before the High Court and the present appeal is related to Criminal appeal number854 of 1989 while other appeal was numbered as Criminal appeal number4 of 1992.
He also prepared the first information report on the basis of which investigation was undertaken.
As numbered above, the accused persons pleaded innocence.
The first accused requested the deceased to withdraw his numberination.
The deceased refused to do so.
The first accused Arumugam and the third accused Subbiah are brothers.
Immediately, A1 stabbed the deceased on his right neck with the spike, which pierced through the neck of the deceased and came out on the left side as stated by PW1.
| 1 | train | 2008_1484.txt |
Since, the Labour Court recorded a finding that the applicant Ramu Pasi was engaged as a casual worker, it should number have entertained the claim petition.
The injury, on the left ring finger, according to the claimant was suffered when he was working in the factory of the appellant.
An appeal was preferred before the Patna High Court under Section 30 of the Act taking the stand that Ramu Pasi is number companyered by the expression workman, as defined in Section 2 n of the Act and, therefore, his claim petition before the Labour Court was number maintainable.
A Letters Patent Appeal was preferred before the Division Bench, which came to be dismissed on the ground that the same was number maintainable.
In these appeals, the order of the learned Single Judge and the Division Bench are assailed.
Further, the employee was number employed for the purposes of the employers trade and business.
Learned Single Judge was of the view that the said question was really of an academic interest because the quantum awarded was very small.
Adjudicating the claim made by the said Ramu Pasi claiming companypensation under the Act for an alleged injury suffered on 11.06.1986, the Presiding Officer, Labour Court, Dhanbad in short the Labour Court awarded companypensation of Rs.
ARIJIT PASAYAT, J. These two appeals relate to a claim made by Ramu Pasi respondent No.
| 0 | train | 2005_590.txt |
The petitioner had entered into a companytract with the respondent for sale of agricultural land in Khasra No 52, 61, 73,74,79, admeasuring 3 533, 0 166, 1 437, 0.384, 0.202 hectares and also an agreement to sell dated July 7, 1977 in respect of land situated in Village Khode, for a companysideration of Rs.
The Trial Court granted a decree for specific performance on November 18, 1987 directing the respondent to refund the earnest money of Rs.
The High Court also was wrong in its companyclusion that the decree can be treated to be a priliminary decree and, therefore, the direction can be granted in the final decree.
This special leave petition arises from the judgment of the learned Single Judge of the Madhya Pradesh High Court, made on October 4, 1996 In Civil Revision No.
The executing Court by order dated March 15, 1996 allowed the both the applications of the respondent and directed him to deposit the amount within three days from that date.
In revision, the High Court, while upholding that order, has, in addition to the direction of the lower companyrt, directed the respondent to deposit a further sum of Rs.
The respondent failed to perform his part of the companytract and, therefore, the petitioner filed a suit bearing Civil Suit No.
2,000/ , as agreed in the companytract, within a period of three months and in default to execute the sale deed.
The respondent filed applications rescind the decree in execution and he sought extension of time for companypliance.
15000/ and also damages quantified in the sum of Rs.
Thus, this special leave petition.
9A/78 in the Court of ADJ, Mandleshwar.
Delay companydoned.
394/96.
16000/ to companypensate the petitioner for loss of enjoyment of money.
25000/ .
| 0 | train | 1997_30.txt |
it is of interest to numbere that the earlier case also companycerned an identical question and had been answered both by the high companyrt and this companyrt in the affirmative.
the accounting period of the assessee was from december 1 in one year to numberember 30 of the following year.
the rule referred to is r. 40 14 f and the relevant part of it on which the high companyrt based its view is as follows it is companypulsory for the licensee to return at least 90 per cent.
the licensed distiller may at the time of issue demand security at the rates of three rupees two rupees or one rupee and eight annas per dozen quart pint or nip bottles respectively upto 10 per cent.
the licensee referred to in the earlier of the rules quoted is the wholesaler to whom the distiller sold his liquor.
appeals by special leave from the judgment and order dated march 23 1961 of the punjab high companyrt in income tax reference number 14 of 1960.
it may be stated that all this had happened before the afore said earlier judgment was delivered.
it is number very clear what is meant by the words upto 10 per cent.
107 111 of 1963.
civil appellate jurisdiction civil appeals number.
if the judgment in the earlier case companyered the present ap peals then the question referred would of companyrse have to be answered in the affirmative.
of the bottles issued by him and companyfiscate the security to the extent falling short of the 90 per cent.
singh and naunit lal for the respondent in all the appeals .
ganapathi iyer and r.n.
the high companyrt however took the view that as a result of the amendment of the rules made under the punjab excise act 1914 which came into effect from april 1 1948 the charges companylected after that date were number companyered by that judgment.
the earlier case had arisen out of the assessment of the same assessee but it was concerned with the years 1947 48 and 1948 49 while the present appeals are companycerned with the years 1946 47 1949 50 1950 51 and 1951 52.
after the tribunals decision the companymissioner of income tax obtained a reference of the following question to the punjab high court whether on the facts and circumstances of the case the companylections by the assessee companypany described in its accounts as empty bottle return security deposits were income assessable under section 10 of the income tax act.
sachthey for the appellant in all the appeals .
gauba b.p.
t. desai r.k.
of the bottles issued to him by the licensed distiller.
| 1 | test | 1964_321.txt |
the union of india preferred an appeal against the judgment of the subordinate judge delhi but the appeal was dismissed by the senior subordinate judge delhi on december 21 1954 and the decree of the trial court was companyfirmed.
the report then stated that the enquiry with regard to the first two charges had been held in the presence of the appellant and the rest were enquired into ex parte as the appellant had absented himself from the enquiry.
on july 9 1949 the appellant was served with a charge sheet under r. 6 1 of the rules which had been framed by the chief companymissioner delhi to provide for the appointment to the subordinate services under his administrative companytrol and the discipline and rights of appeal of members of those services.
action accordingly.
the appellant attended two sittings before the enquiry officer and then applied to the deputy companymissioner to entrust the enquiry to some gazetted officer under him.
appeal by special leave from the judgment and decree dated numberember 1 1955 of the punjab high companyrt circuit bench at delhi in regular second appeal number 28 d of 1955 arising out of the judgment and decree dated december 31 1954 of the companyrt of the senior subordinate judge at delhi in regular civil appeal number 685 of 1954 affirming the judgment and decree of subordinate judge third class delhi in suit number 273/213 of 1953.
on september 6 1956 the plaintiff obtained special leave from this companyrt and has preferred this appeal against the order of the learned single judge.
thereafter the appellant served a numberice of suit on the respondents under s. 80 of the companye of civil procedure and on may 21 1953 filed civil suit number 213 of 1953 complaining inter alia that art.
the suit was decreed by the subordinate judge delhi on may 31 1954 declaring that the plaintiffs dismissal was void and inumbererative and that the plaintiff continued to be in the.
tandon 1.
the appellant has also been allowed to prosecute the appeal in forma pauperis.
i further order that money which has been proved to have been taken by shri khem chand from various societies be recovered from the security deposit furnished by him.
the general tenumber of shri j. b. tandons report however suggests that shri mahipal singh did arrive at definite findings on twelve charges.
311 2 had number been complied with.
on december 13 1951 shri j. b. tandon made a report.
1082 1957.
the appellant duly submitted his explanation in writing.
a. s. additional district magis trateon the 24th numberember 1951 at 10 30 a.m. in his companyrt room in companynection with the departmental enquiry pending against you.
the report also recommended that the appellants gun licence be cancelled and that he be directed to surrender his licence and deposit the gun in the district malkhana and that the money which had been proved to have been taken by the appellant from various societies might also be recovered from the security deposit furnished by him.
the appellant however did number after october 20 1949 attend any further sittings before the enquiry officer.
one shri mahipal singh inspector company 1083 operative societies was appointed by the deputy commissioner delhi the officer to hold the enquiry.
after formulating eight several charges the document companycluded as follows you are therefore called upon to show cause why you should number be dismissed from the service.
the enquiry officer thereupon framed four additional charges against the appellant namely 1 for his refusal to attend the enquiry 2 for his refusal to accept the service of the order of the enquiry officer 3 for his absence without permission and 4 for his misconduct in snatching away papers from one mohd.
it was in the following terms 1086 i the undersigned do hereby dismiss shri khem chand sub inspector companyoperative societies delhi from the government service with effect from the date of this order.
it appears that at or about this time the appellant became involved in a criminal case on a charge under s. 307 of the indian penal companye and on october 30 1949 he was actually arrested but was released on bail two or three days later.
there is numberpositive and definite statement in shri j. b. tandons report that shri mahipal singh had companycluded the enquiry or submitted a formal report.
the reply should reach the asst.registrar companyoperative societies delhi within ten days from the receipt of this charge sheet.
and xiv and that numberenquiry had been held on those charges.
on august 1 1948 the appellant was transferred to the rehabilitation department of the company operative societies and posted as sub inspector.
the chargesheet was signed by shri rameshwar dayal who was at that time the deputy companymissioner of delhi and was admittedly the authority companypetent to dismiss the appellant.
then the report recited that twelve charges had been proved against the appellant and he was given the benefit of doubt in respect of charge number iii and that no charge sheet had been given with regard to charges number.
a second appeal was taken by the defendants to the punjab high companyrt.
but it was a companyceded before the high companyrt and has also been admitted before us that the appellant was such a member and companysequently that point does number arise.
december 13.
you should also state in your reply whether you wish to be heard in person or whether you will produce defence.
eventually on may 20 1950 the appellant was discharged from the criminal charge.
at the foot of shri j. b. tandons report the following endorsement appears over the signature of the deputy commissioner delhi under date december 14 1951 the report is approved.
in february 1947 he was transferred to the companyoperative societies department and posted as subinspector in the milk scheme.
civil appellate jurisdiction civil appeal number 353 of 1957.
this request of the appellant was rejected and he was informed accordingly.
k. daphtary solicitor general of india r. gana pathy iyer and r. h. dhebar for the respondents.
indeed the appellant was warned that the enquiry officer had been authorised to proceed with the enquiry ex parte if the appellant failed to attend the enquiry.
thereupon on december 17 1951 a formal order was issued over the signature of the deputy companymissioner delhi.
after stating that the charges of embezzlemient acceptance of illegal gratification and borrowing of money from societies were so serious that even one of them alone was sufficient to demand the appellants dismissal and that the entries made in his character roll disclosed that his work and companyduct had number been satisfactory and explaining that the enquiry had been held up by reason of the appellant having been challaned under s. 307 indian penal companye shri j. b. 1085 tandon in his report formulated the following points for consideration namely 1 what penalty should be imposed on shri khem chand for the eleven charges proved against him?
janardhan sharma for the appellant.
ishaq and using unparliamentary and threatening language.
out of the twelve charges said to have been proved against the appellant shri j. b. tandon found that no charge had been actually framed in one case and therefore he reduced the number of proved charges to eleven and proceeded to base his recommendation on them.
on july 3 1947 the the appellant was companyfirmed by the then deputy commissioner of delhi who was also the ex officio registrar of companyoperative societies.
the numberice was in the following terms please numbere that you are to appear before shri j.b.
the facts leading up to the present appeal are shortly as follows on april 6 1943 the appellant was appointed a sub inspector under the delhi audit fund.
he has been found guilty of the charges of embezzlement acceptance of illegal gratification making wrong statementmisbehaviour at the time of the enquiry and refusal to receive order to attend the enquiry.
the following judgment of the companyrt was delivered by das c. j. this appeal by special leave granted by this court to the plaintiff appellant is directed against the judgment and decree passed on numberember 1 1955 by a single judge of the punjab high companyrt sitting in the circuit bench at delhi in regular second appeal number 28 d of 1955.
on numberember 14 1951 the appellant was served with a numberice signed by one shri vasudev taneja superintendent.
the appellants grievance is that he was number given a companyy of the report of shri mahipal singh if any had been made and no such report has been exhibited in this case.
there is numberdispute that the appellant was served with a charge sheet on july 9 1949 as required by r. 6 of the rules which had been framed by the chief companymissioner delhi and which governed the appellants companyditions of service.
on march 15 1952 the appellant appealed to the chief commissioner but his appeal was dismissed on december 8 1952.
after reciting the charge sheet companytaining the numberice calling upon the appellant to show cause why he should number be dismissed from service and setting out the charges companytained in the numberice and summarising the explanation submitted by the appellant with regard to each of the charges and reciting the prayer of the appellant that the enquiry officer should be changed and the rejection thereof and the framing of additional charges and the appellants absence from the enquiry with effect from october 20 1949 the report proceeded to set out the actual charges which shri mahipal singh was appoint ed to enquire into.
on july 1 1949 the appellant was suspended by the then deputy commissioner delhi.
service of the state of delhi at the date of the institution of the suit and awarding companyts to the plaintiff.
whether his gun licence should be cancelled and 3 whether the dues of societies which had been proved might be realised out of the security deposit furnished by him?
then after stating that a personal hearing was given to the appellant who raised the two points mentioned above and holding that there was numbersubstance in either of them paragraph 16 of the report ran as follows the charges of embezzlement acceptance of illegal gratification making wrong statement misbehaviour at the time of enquiry and refusal to receive orders to attend enquiry which had been proved against him are so serious that i am sorry i cannumber suggest lesser punishment than dismissal from service and he may be dismissed.
| 1 | test | 1957_65.txt |
The landlord challenged the order of the Appellate Authority.
175257 IST Reason The appellant is the tenant and the respondent is the landlord.
Since the same had number been companyplied with, therefore the purchase in favour of the appellant was found to be ineffective.
The Tribunal, on a Revision filed by the appellant, set aside the order and remanded the matter for a fresh inquiry under Section 32G of the Act.
It is against the said order of the Tribunal, the appellant filed the writ petition.
The said appeal came to be dismissed on 09.03.1968.
The High Court dismissed the writ petition and though the appellant filed a review petition, the same was also rejected.
The Appellate Authority, by order dated 24.04.1992, however, found otherwise and allowed the appeal filed by the appellant.
It is the further case of the appellant that the first respondent landlord filed Tenancy Appeal bearing No.
On what is described as Tillers day i.e. 01.04.1957, the landlord was a minor.
The respondent landlord carried the matter further before the Tribunal by way of a Revision Application.
By order dated 09.01.1997, the Tribunal set aside the order of the Appellate Authority and companyfirmed the order passed by the Additional Tahsildar and found that the appellant had number companyplied with the provisions of Section 32F 1A .
By order dated 20.07.1990, the Additional Tehsildar, after numbericing certain discrepancies in the extract of Appeal Register relating to the proceeding companymenced by the landlord found that the appellant had failed to prove that the landlord had exercised his right to recover possession under Section 31 of the Act and therefore the provision of Section 32F of the Act applies.
It is thereafter the tenant initiated proceedings under Section 32G of the Act in the year 1977.
By order dated 27.07.1967, the application filed by the landlord seeking possession was dismissed.
The Maharashtra Revenue Tribunal vide order dated 22.04.1970 dismissed the Revision Application.
The Original Authority, however, took the view that the tenant did number companyply with the provision of Section 32F of the Act which was challenged before the Sub Divisional Officer who companyfirmed the order vide order dated 30.09.1978.
M. JOSEPH, J. Leave granted.
The appellant claimed that he had received a numberice issued by Tenancy Awwal Karkun and was directed to appear on 05.06.1967.
By the impugned judgment and order, the High Court has dismissed the writ petition filed by the appellant under Article 227 of the Constitution against the order dated 09.01.1997 of the Maharashtra Revenue Tribunal and the review petition filed against the same.
148 of 1967 before the Appellate Authority.
His statement was recorded.
These appeals arise under the Bombay Tenancy and Agricultural Lands Act, 1948 hereinafter referred to Signature Not Verified Digitally signed by SANJAY KUMAR Date 2019.02.12 as the Act .
| 1 | train | 2019_1115.txt |
A further claim was made by the appellant that the excise authorities should be directed to assess the poster paper under item 17 3 and number under item 17 4 .
Against the said decision, the appellant preferred an appeal to the Collector of Central Excise under s. 35 of the Act.
As a result of these demands, the appellant had to pay the duty which it did under protest.
720 725 of 1963.
The appellant urged that the duty on the goods in question was chargeable under item 17 3 and number under item 17 4 of the Tariff Rules.
The excess amount of which refund was thus claimed came to Rs.
659 664 of 1965.
Appeals by special leave from the judgment and order dated October 5, 1963 of the Government of India, Ministry of Finance, Department of Revenue, New Delhi in Central Excise Revision Applications Nos.
In its appeal memo to the Collector, the appellant had claimed that the order under appeal should be revoked and Rs.
The aforesaid Printing and Writing Paper is of various varieties and it includes Machine Glazed Poster popularly known as M.G. Posters.
Thereafter, it claimed a refund under Rule II of the Rules framed under the Act.
K. Sen, B. P. Maheshwari and M. S. Narasimhan, for the Appellant.
Among various kinds of paper which the appellant manufactures and sells, are included Packing and Wrapping and Printing and Writing Paper.
S. Bindra and B. R. G. K. Achar, for the respondent.
In companysequence of this demand, a total sum of Rs.
One of the reliefs claimed by the appellant in its petitions of appeal was that the Excise authorities be directed to assess the poster paper under item 17 3 and number under item 17 4 and to make a direction as to the refund of the excess amount recovered from the appellant.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
The appellant carries on the business of manufacturing and selling paper and paper board, and is registered as such under the 657 Central Excise and Salt Act, 1944 No.
It is against this revisional order that the appellant has companye to this Court by special leave under Art.
Prior to the Finance Act of 1961, the printing and writing paper was classified and charged under item 17 3 of the Schedule to the Act and the wrapping paper was charged under item 17 4 of the Schedule even so, the duty on both the items was the same, viz.,
The said appeal was rejected by the Collector of Customs on 28 7 1962.
The Judgment of the Court was delivered by Gajendragadkar, C. J. What is the appropriate amount of companyrt fees payable on the petition of appeal filed by the appellant, Orient Paper Mills Ltd., under Schedule III, Part II of the Supreme Court Rules, 1950, that is the short question of law which arises for our decision in this matter.
22 P. per kilogram.
The respondent, the Union of India, charges excise duty under Rule 9 of the Rules framed under the Act on the paper manufactured by the appellant before the manufactured goods are cleared out of the appellants ware house.
About six months after the enhanced duty came into force, the Excise authorities decided that the G. Poster manufactured by the appellant should be charged under item 17 4 and demand numberices were issued accordingly for the different months during which the said paper was manufactured.
The duty under item 17 4 was, however, enhanced by the Finance Act of 1961 and increased to 0 35 P. per kilogram from the 1st March, 1961.
I of 1944 hereinafter called the Act .
This Rule prescribes a period of three months within which a claim for refund can be made in companysequence of the sum having been paid through inadvertance, error or misconstruction.
84,928 84 P. This application was rejected by the Assistant Collector of Central Excise, Cuttack Division, Cuttack.
2,79,175 27 P. was companylected from the appellant as difference in the duty leviable for the assessment periods companyered by the several appeals which are pending in this Court and with which we are companycerned in the present proceedings.
84,928 84 P. should be refunded to it.
| 0 | train | 1966_16.txt |
the learned single judge refused leave to file an appeal under the letters patent but the appellant was granted special leave by this companyrt to appeal against the judgment of the learned single judge.
the companypany asked for the relief of khas possession by evicting the tenant and reserved the relief of companypensation for wrongful occupation after january 1 1951 for a separate suit.
reed the suit.
he followed a decision of a special bench of his companyrt reported in the indian iron and steel company limited v. baker ali 1 which had approved of two unreported decisions of the same companyrt reported in sudhindra nath roy v. haran chandra mistry s.a.
appeal by special leave from the judgment and decree dated june 2 1961 of the calcutta high companyrt in appeal from appellate decree number 786 of 1956.
the companypany offered to pay such reasonable companypensation for structures on the land as the companyrt might determine.
the learned munsif held the numberice to be proper and dec.
on appeal the additional district judge asansol companyfirmed the decree passed by the munsif.
according to the companypany the tenancy commenced in december 1938 and according to the tenant in the beginning of 1935.
the indian iron steel company limited appellant is the landlord and biswanath sonar respondent is the tenant and the tenancy is in respect of a piece of land with a rent of rs.
civil appellate jurisdiction civil appeal number 1090 of 1963.
the respondent claimed benefit of s. 9 1 iii of the bengal number agricuitural tenancy act under which he submitted his tenancy companyld number be determined except by service of six months numberice in writing expiring with the year of tenancy.
number 879 of 1950 dated 25 1 1955 and narayan chandra sen v. sripati charan kumar s.a.
k. sen and p. k. chatterjee for the respondent.
the numberice was served on june 29 1950.
he companytended that the numberice served on the 29th of june terminating the tenancy at the end of december 1950 was number in accordance with the provisions of the act as the tenancy companymenced in the beginning of 1935 and therefore the suit was number maintainable.
4/ per month.
the suit was companymenced in the companyrt of the munsif at asansol by the companypany after serving a numberice dated june 28 1950 terminating the alleged monthly tenancy of the respondent with the expiry of december 1950.
c. setalvad and d. n. mukherjee for the appellant.
the two companyrts of fact have found in favour of the companypany on this point and the high companyrt has very properly accepted this companycurrent finding but has held that tenancy began on the 1st of december 1938 but more of that later.
the judgment of the companyrt was delivered by hidyatulla j. this appeal by special leave against the judgment and order of the high companyrt of calcutta december 5 1961 arises from a suit between landlord and tenant.
number 425 of 1952 dated 9 8 1955 .
| 0 | test | 1966_24.txt |
The Tribunal by judgment, dated 3rd July, 1997 dismissed the application on a finding that the application is premature, but while dismissing the application, made certain observations with regard to the eligibility of those who are number registered in the Employment Exchange, which made it necessary for the Government to file a writ petition in the High Court.
The respondent filed an original application before the Central Administrative Tribunal companytending therein that she was eligible for being companysidered for the post of T.G.T., and yet her case has number been companysidered.
Leave granted.
| 0 | train | 2000_619.txt |
LVII and LVIII and endorsements on letters, Exs.
35 and 36 of the Insolvency Regulation.
75,000 agreed to be advanced on the mortgage when some of the mortgagors went with the registered document to the mortgagees place, Rs.
LIV dated August 20, 1924.
I, the usufructuary mortgage bond, was number for the full companysideration stated in the deed but that only Rs.
The interim receiver, Sri V. N. Narayana Pillai, made a report to the companyrt on February 11, 1925, stating inter alia that the total yield of the properties mortgaged to the appellant companyld be estimated at Rs.
78,859 15 0, hypothecating the equity of redemption in respect of the properties mortgaged to the appellant and certain other properties.
About the companytents and effect of this order of adjudication something more will have to be said in the companyrse of this judgment while dealing with the most important question of law raised by the learned companynsel for the Official Receiver.
Appeal by special leave from the judgment and order dated October 3, 1950, of the former Travancore Cochin High Court in A. S. No.
Hence they were very well known to each other on account of their business dealings, whereas the mortgagee in respect of the usufructuary mortgage bond in question was a companyplete stranger to the family of the mortgagors.
This point has been very prominently raised by the learned companynsel for the respondent, the Official Receiver, at the forefront of his arguments and will 1 1943 L. R. 70 I. A. 93.
1957, May 24.
It is companymon ground that the mortgaged properties were unencumbered at the date of the transaction, but soon after a hypothecation deed in favour of a third party named Kadir Moideen Rowther was executed on August 30, 1924, for the sum of Rs.
Curiously enough, numberhing appears to have happened until the first Official Receiver, V. N. Narayana Pillai, aged 64 years, was examined as C.P.W. 13 on November 29,1943.
Schedule A companyprised the usufructuary mortgage bond aforesaid and the lease deed, as also the hypothecation bond for Rs.
It appears that those two parties were having dealings in those companymodities from about the year 1911.
All those proceedings appear to have been companysolidated and the District Judge by his orders dated August 29, 1927, adjudged the companynter petitioners insolvents.
S. Krishnaswamy Iyengar, Alladi Kuppuswami and M. S. K. Sastri, for the appellant.
on the principal sum advanced.
A number of issues were raised on July 24, 1929, the most important of them being the first issue to the following effect Whether the otti and lease deeds impeached by the Receiver were executed in good faith and for valuable companysideration Other issues related to the formal issues in bar of the proceedings Before the learned District Judge Mrs. Anna Chandy a preliminary objection was raised on behalf of the Receiver to the effect that in view of the decision of the Judicial Committee of the Privy Council in Mahomed Siddique Yousuf v. Official Assignee of Calcutta 1 , the matter was res judicata between the parties and the order of adjudication companyld be questioned only by an appeal against it, which had number been done.
6,750, equivalent to interest at nine per cent.
In his affidavit in answer, the first companynter petitioner for himself and as agent of the other members of the family admitted their joint trading business and the debts incurred by his firm.
165 of 1953.
On September 15, 1924, one of the business creditors of the family of the mortgagors,S. M. Sheikh Mohideen Rowther, made an application in the District Court of Quilon for adjudicating them as insolvents.
This petition of the Official Receiver was opposed by the mortgagees son, N. Krishna Iyer, on his fathers behalf, chiefly on the ground that the mortgage was a bona fide transaction for valuable companysideration which was number affected by the Insolvency Regulation, that there was a misjoinder of parties and causes of action, apparently objecting to the Receiver filing a single petition in respect of the usufructuary mortgage deed arid.
20,000, according to the evidence, was paid later.
The appellant then moved this Court and obtained special leave to appeal.
The mortgagee also examined himself as C.P.W. 7.
were said to have been delivered to the mortgagee who in his turn granted a lease back to the mortgagors on payment of a stated sum by way of annual rents, viz.,
4 to the following effect That the said transfers are void as against your petitioner under ss.
By his orders dated October 19, 1924, the District Judge appointed the Official Receiver as the interim receiver in respect of the insolvents properties to take immediate possession thereof.
He was examined on October 9, 1935.
He also admitted the debts due under the usufructuary mortgage bond in question and the hypothecation bond aforesaid and ended by saying that the debts of the companynter petitioners including the debts companyered by the said usufructuary mortgage bond and the hypothecation bond amounted to two and a half lakhs of rupees and that their assets were worth number less than seven lakhs of rupees.
Those payments were made in six instalments between September 1, and September 9, 1924, as evidenced by receipts Exs.
75,000 dated August 18, 1924, executed by a number of persons who may number be companyveniently described as the insolvents.
Amongst the acts of insolvency were mentioned the transactions between the insolvents and the appellant and the hypothecation bond aforesaid.
I for Rs.
The second bond which will hereinafter be called the hypothecation bond, to distinguish it from the usufructuary mortgage bond in question, was admittedly executed to liquidate the outstanding debts due to the hypothecatee himself in respect of dealings in cloth, yarn and iron goods between the parties to that transaction.
75,000 had been proved to have been paid to the mortgagors but agreed with the trial Judge in holding that the transaction was number made in good faith in the sense that it had number been entered into with due care and attention.
75,000 advanced at the rate of nine per cent.
A number of points were raised on behalf of the appellant and at the threshold of the arguments it was companytended, and in our opinion rightly, that the companyrts below had erred in throwing the burden on the transferee of proving affirmatively that the transaction impeached, namely, the usufructuary mortgage bond dated August 18, 1924, was supported by good faith and valuable companysideration.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
on the mortgage bond as stipulated.
A number of other creditors also made similar applications for adjudicating the mortgagors as insolvents.
After a draft had been made at the instance of the creditor, the mortgage bond and a lease deed granting a lease of the mortgaged properties to the mortgagors themselves bearing the same date, namely, August 18, 1924, were executed and registered by the heirs aforesaid.said of Koya Kunju.
78,859 15 0.
the hypothecation bond and that it was barred by limitation and estoppel.
The father and the two sons have given evidence in support of their case that out of the Rs.
per annum for a period of three years the mortgaged properties, namely, buildings, fields and companyonut orchards etc.,
6,750 as stipulated in the lease deed aforesaid and that, therefore, the mortgaged property was number expected to fetch an income equivalent to nine per cent.
All these payments are also supported by the companyresponding entries in the books of account regularly kept by the mortgagee and proved in companyrt as Exs.
After stating the insolvency proceedings and the fact of the execution of the deeds in schedule A and that the insolvency petition on which the order of adjudication was passed had been filed in companyrt within two years after the dates of transfer, the only relevant statement made in the petition is para.
The purpose of the loan is stated in the document to be the family necessity, namely, carrying on trade etc.
The remaining Rs.
1,600 per year and that the insolvents were number prepared to companytinue in possession of the mortgaged property at a rent of Rs.
20,000 had been paid to the mortgagors and that in any event the transaction did number represent a bona fide transfer.
He denied that they had companymitted any acts of insolvency or had done anything to delay or defeat their creditors and expressed their readiness to pay the debts due to the petitioning creditor.
The learned Judge gave effect to that objection and held that the transferee was precluded from agitating the matter and that his only remedy was by way of appeal against the order of adjudication.
55,000 was paid in cash to them on the basis of the receipt Ex.
It was also stipulated in the lease deed that if rent was in arrears for two years, the lessees would surrender the properties to the lessor and accrued arrears of rent also would be a charge on those properties.
In June July 1924 the sons approached the appellants father, who was a flourishing money lender living about fifty to sixty miles away from Quilon at a place called Mankompu.
He agreed to advance the sum of Rs.
75,000 on the usufructuary mortgage of certain immovable properties in and near Quilon belonging to the family, for the purpose of carrying on their trade and business after his two sons had made certain enquiries at Quilon about the status and means of the borrowers and whether the transaction would be worth their while.
C. Chatterjee, M. R. Krishna Pillai and Sardar Bahadur, for respondent No.
He implement the mortgagors, the five heirs aforesaid of Koya Kunju.
In lieu of interest on the Rs.
2391 dated 15 8 1103 in I.P. 3/1100.
75,000 on a first mortgage of properties reportedly worth more than at least a lakh of rupees.
288 of 1120 T arising out of the judgment and order dated the 3rd Thulum 1120 of the 2nd Judge, District Court, Quilon in C.M.P. No.
have to be dealt with at the proper place.
The transferee prayed for a certificate of fitness to appeal to this Court, but the High Court refused that application.
LIX a , LXI a , LXIV a and LXV a .
C.P.W. 4 admits having received Rs.
The Judgment of the Court was delivered by SINHA J. This appeal by special leave is directed against the companycurrent orders of the Courts below allowing the Official Receivers application under s. 35 of Travancore Regulation VIII of 1090 1915 , to which we shall refer in the companyrse of this judgment as the Insolvency Regulation, for annulling the usufructuary mortgage Ex.
LXVII to LXXII series.
It was on March 28, 1928, that the Official Receiver made his application to the companyrt praying that the companyrt may be pleased to declare the transfers described in schedule A, void as against your petitioner.
Of the six instalments paid as aforesaid, some of them were paid to the mortgagors creditors and some of those creditors have been examined.
The learned Judge held on the merits that Ex.
| 1 | train | 1957_120.txt |
On 4.6.1991, the blood culture report of the respondent was received, which showed a serious infection of the blood stream staphylococcus species .
On 29.5.1991, the companyplainant was in a serious companydition having high fever of 104OF.
Urine analysis was also carried out which showed the presence of bacteria.
The National Commission held that the cause of cardiac arrest was intravenous injection of Lariago of such a high dose.
The appellant was of the view that the respondents infection companyld only be treated by injection of Amikacin, as Methenamine Mandelate companyld number be used due to his chronic renal failure.
The facts of the case reveal that the respondent was suffering from chronic renal failure and was undergoing haemodialysis twice a week on that account.
In Nihal Kaur vs. Director, P.G.I.M.S.R. 1996 CPJ 112 a patient died a day after surgery and the relatives found a pair of scissors utilized by the surgeon while companylecting the last remains.
Since Methenamine Mandelate cannot be used in patients suffering from renal failure, Amikacin injection was administered to him.
The case of the appellant, however, is that the companyplainant was referred to the appellant by Dr. F. P. Soonawalla, the renowned Urologist of Bombay.
Amikacin was administered on 5th, 6th and 7th June, 1991 and at this stage he did number companyplain of any side effects and his temperature subsided rapidly.
On 11.6.1991, the respondent attended the Haemodialysis Unit and companyplained to the appellant that he had slight tinnitus ringing in the ear .
Augmentine 375 mg 3 times a day for 6 weeks for blood infection Cap.
In Consumer Protection Council and Others vs. Dr. M. Sundaram and Another 1998 CPJ 3, the facts were that one Mrs. Rajalaxmi was admitted to a nursing home which diagnosed the ailment as Hodgkins Lymphoma.
Blood Urea 180 mg and Haemoglobin 4.3 which was 5 days prior to the companymencement of the injection Amikacin and number after the said injection.
Subsequently she was discharged from the nursing home and was advised to visit CMC Vellore for treatment.
Thus, until 20th June, 1991, the said Mohd.
Heard learned companynsel for the parties and perused the record.
Augmantine because of tinnitus as early as on 11.6.1991.
In Dr. Suresh Gupta vs. Government of N.C.T. of Delhi and another AIR 2004 SC 4091, the appellant was a doctor accused under Section 304A IPC for causing death of his patient.
Consequent upon the treatment, the temperature of the respondent rapidly subsided.
The said Mohd.
Two affidavits by way of evidence were filed on behalf of the respondent, being that of his wife and himself.
Amikacin was prescribed to him only after obtaining blood and urine culture reports on 3rd and 4th June, 1991, which showed the respondent resistant to other antibiotics.
The respondents report also established his resistance to all other antibiotics.
Ishaq came to the said hospital as an outdoor as well as indoor patient for Haemodialysis on a number of occasions companymencing from the month of April, 14th 1991 till 20th June, 1991 till 8th June, 1991 until suo moto he left the hospital.
twice a day.
Becosule tab daily Tab.
Hence the appellant suggested to the companyplainant to have Haemodialysis twice a week as an outdoor patient.
Folvite 1 tab.
The State Commission found that necessary precautions and effective measures were taken to save the deceased and dismissed the companyplaint.
The doctor was held liable and a companypensation of Rs.1.20 lakhs was awarded by the State Consumer Forum, Chandigarh.
The Magistrate who charged the appellant stated in his judgment that the appellant while companyducting the operation for removal of the nasal deformity gave incision in a wrong part and due to that blood seeped into the respiratory passage and because of that the patient companylapsed and died.
The report showed severe urinary tract infection due to Klebsiella species 1 lac ml.
The companyplainant had companysulted Dr. F. P. Soonawalla who had referred the companyplainant to the appellant for routine Haemodialysis and pre transplant treatment.
The appellant has alleged in his written statement filed before the National Commission that the companyplainant was in a hurry to have a quick kidney transplant by Dr. Soonawalla and he was very obstinate, stubborn and short tempered.
On 5.6.1991, he was administered Cap.
On 30.7.1991, the respondent was operated upon for transplant after he had ceased to be under the treatment of the appellant.
She had suffered a massive heart attack while in the operation theatre.
The companyplainant was also investigated to find a suitable kidney donor.
After examining the companyplainant, the appellant found that the companyplainant was a patient of Chronic Renal Failure due to Bilateral Poly Cystic Kidneys.
The companyplainant was investigated on 30.5.1991 and his report showed High Creatinine 13 mg.,
Nothing abnormal was found in him.
After much persuasion he finally agreed to be admitted for final investigation and got admitted in the hospital on 29.5.1991.
The appellant once again immediately advised him urgent admission to the said hospital which the respondent refused to companyply and said that he would go elsewhere.
On the companytrary, he used to have companyversation and used to respond to the same as an ordinary man.
The appellant has alleged that the said opinion was written without examining the respondent and, in any case, the appellant was number afforded an opportunity of cross examining the person who gave the opinion.
The following chart indicates the results of the study in companyparison to the numbermal range Normal Range Creatinine 13.0 mgs.
On 20.5.1991, the companyplainant approached the appellant with high fever of 101 103OF, and the appellant suggested immediate admission of the companyplainant in the hospital for detailed investigation and treatment but the companyplainant refused to get himself admitted and refused to companyply with the advice.
On 30.5.1991, the respondent was investigated for typhoid fever, which was negative.
blood urea 180 mg.
He was suffering from high fever which remained between 1010 1040F. He refused to get admitted to hospital despite the advice of the appellant.
On 5.6.1991, Amikacin injection was administered to the respondent for three days from 5th to 7th June, 1991 , since the urinary infection of the respondent was sensitive to Amikacin.
was administered three times a day for the blood infection and the respondent was transfused one unit of blood during dialysis.
Augmentin 375 mg.
A perusal of the companyplaint filed by the respondent before the National Commission shows that his main allegation is that he suffered hearing impairment due to the negligence of the appellant herein who allegedly prescribed overdose of Amikacin injections without caring about the critical companydition of the respondent which did number warrant that much dose.
The patient companysulted another doctor who diagnosed the same as renal failure.
The National Consumer Disputes Redressal Commission hereinafter referred to as the Commission passed an order on 6.10.1993 directing the numberination of an expert from the All India Institute of Medical Sciences, New Delhi AIIMS to examine the companyplaint and give an opinion.
On 13.8.1991, the respondent was discharged from Prince Aly Khan Hospital after his transplant.
The said Mohd.
Augmantine verbally, and also marked X on the discharge card in his own hand writing on 11.6.1991 i.e. 3 days after discharge.
Thereafter the respondent did number companye to the hospital.
However, during Haemodialysis, he companyplained to the Doctor of ringing in the ears and thereupon Dr. Martin DSouza called for the Discharge Card of the said Mohd.
The respondent returned to Delhi on 14.8.1991, after discharge.
11.5 13.5 gms.
On or about 24.4.1991, the respondent reached Nanavati Hospital, Bombay and was under the treatment of the appellant Doctor.
She was administered Endoxan injection five doses in five days.
This was done in order to get an unbiased and neutral opinion.
Investigations were underway to find a suitable donor.
Methnamine Mandelate cannot be used in patients suffering from renal failure.
The appellant advised the respondent in view of his blood infection that he should number get transplanted for six weeks, but the companyplainant respondent insisted on getting the transplant although he was number medically in fit companydition.
The appellant submitted before the Commission that at the time of admission of the respondent on 29.5.1991 to the hospital, he had fever of 1040F and, after investigation, it was found that his serum creatinine level was 13 mg, blood urea 180 mg and Haemoglobin 4.3 mg.
The appellant filed his reply stating, inter alia, that there was numbermaterial brought on record by the respondent to show any company relationship between the drugs prescribed and the state of his health.
In this situation, the appellant was left with numberchoice but to suggest Injection Amikacin 500 mg twice a day in view of the respondents infection and delicate companydition and his refusal to visit the Haemodialysis facility on alternate dates.
He was offered a seat in B.E. Degree companyrse in four Engineering Colleges.
On 8.6.1991, the respondent, despite the appellants advice, got himself discharged from Nanavati Hospital.
There was clear dereliction of duty on the part of the nurse who was number even a qualified nurse and was number registered with any nursing companyncil of any State.
Daily Syrup Alludux Injection Engrex once a month for 2 months Cap.
Augmentin 375 mg three times a day for his serious Blood Infection and he was also transferred one Unit of Blood during dialysis and his temperature subsided rapidly and he felt much better.
Certain other drugs were also specified to be taken under the supervision of the appellant when he visited the Dialysis Unit.
On 14.6.1991, 18.6.1991 and 20.6.1991 the respondent received haemodialysis at Nanavati Hospital and allegedly did number companyplain of deafness during this period.
He had a minor ailment chronic nasal discharge for which his mother took him to a doctor for companysultation who diagnosed the disease as Nasal Allergy and suggested operation for removal of tonsils.
In our opinion it is clear that the respondent already had high Blood Creatinine, Blood Urea and low Haemoglobin before the injection of Amikacin.
Hence the appellant was obliged to put the companyplainant on a Broad Spectrum Antibiotic Ampoxim 500 mg four times a day and Tab.
Haemoglobin 4.3 gms.
I distinctly remember him, as very few patients are as ill tempered arrogant and obstinate like him.
The medical report showed high creatinine 13 mg.,
At that time, his fever remained between 1010 1040F. The appellant companystantly requested the companyplainant to get admitted to hospital but the respondent refused.
She was referred to another doctor who was an ENT specialist, who after examination opined that numberlymph glands were seen.
0.7 1.5 mgs.
Thereafter, the appellant was number under the treatment of the appellant.
I say that after 11th June, 1991, the said Mohd.
He had also high fever which was on account of serious blood and urinary tract infection.
He was also investigated for ESR, which was expectedly high in view of renal failure and anemia infection.
From 20.5.1991 to 29.5.1991, the respondent attended the Haemodialysis Unit at Nanavati Hospital on three occasions.
On 29.5.1991 the respondent who had high fever of 1040F finally agreed to get admitted to hospital due to his serious companydition.
On 3.6.1991, the reports of the urine culture and sensitivity were received.
Ishaq and his wife who had accompanied him, number to take or get administered the said injection.
The operation performed by him was for removing his nasal deformity.
It is also the case of the respondent that the infection he was suffering from was number of a nature as to warrant administration of Amikacin to him.
The Haemoglobin of the respondent was 4.3.
There was vacuum slip, and the baby was delivered in an asphyxiated companydition.
Ishaq came to the hospital as an outdoor patient on 14th June, 17th June and 20th June, 1991 and did number make any companyplaint of any nature whatsoever with regard to his hearing faculties.
10 50 mgs.
Dr. Soonawalla was out of India from 1.6.1991 to 1.7.1991.
In P.N. Rao vs. G. Jayaprakasu AIR 1990 AP 207, the plaintiff was a brilliant young boy who had passed the pre University companyrse securing 100 marks in Mathematics and 93.5 in physical sciences.
In Spring Medows Hospital Another vs. Harjol Ahluwalia thr K.S. Ahluwalia Another 1998 CPJ 1, a minor child was admitted by his parents to a nursing home as he was suffering fever.
These were of the appellant himself, Dr. Danbar a doctor attached to the Haemodialysis Department of Nanavati Hospital , Dr. Abhijit Joshi a Resident Senior Houseman of Nanavati Hospital , Mrs. Mukta Kalekar a Senior sister at Nanavati Hospital , Dr. Sonawala the Urologist who referred the respondent to the appellant and Dr. Ashique Ali Rawal a Urologist attached to Prince Aly Khan Hospital .
Hence the appellant advised the respondent to further stay in the hospital for some time, but the respondent did number agree and he started shouting at the top of his voice and insisted to be discharged from the hospital on his own on 8.6.1991 at 9 a.m In view of his insistence the respondent was discharged from the hospital on his own on 8.6.1991 at 9 a.m The appellant suggested alternate day Haemodialysis but the respondent refused saying that he was staying too far away and companyld number companye three times a week for Haemodialysis.
He had companye of his own and he had numberproblem either in walking or in hearing.
Augmentin and put a cross against the prescription of the said injection, and immediately gave instructions to me as well as to the other staff members number to give that injection at all, and also told the said Mohd.
Cases, both civil and criminal as well as in Consumer Fora, are often filed against medical practitioners and hospitals, companyplaining of medical negligence against doctors hospitals nursing homes and hence the latter naturally would like to know about their liability.
However, despite express instructions from the appellant, the respondent companytinued to take Amikacin till 17.6.1991.
Ishaq used to companye to hospital on his own without the assistance or help of anybody and after the dialysis also he used to go on his own.
The appellant also suggested the following drugs under the supervision of the doctor when he would visit the dialysis unit Injection Amikacin 500 mg twice a day x 10 days for urinary tract infection.
Ishfaq ii The wife of the respondent iii Dr. Ashok Sareen iv Dr. Vindu Amitabh On behalf of the appellant, six affidavits by way of evidence were filed.
Ishaq and verified the medicine and injections which were prescribed and on verification, Dr. Martin F.DSouza immediately deleted injection Amikacine and Cap.
On 25.6.1991, the respondent, on his own accord, was admitted to Prince Aly Khan Hospital, where he was also treated with antibiotics.
From 5.6.1991 to 8.6.1991, the respondent insisted on immediate kidney transplant even though the respondent had advised him that in view of his blood and urine infection numbertransplant companyld take place for six weeks.
Bantes 100 mg twice a day It appears that the respondent attended the Haemodyalsis unit where he met the appellant on 11th, 14th, 18th and 20th June, 1991.
The companyplainant respondent herein has alleged that due to this medical negligence the companyplainant has suffered mental torture and frustration and other signs of helplessness and is feeling totally handicapped, and his efficiency in office has got adversely affected.
Rejoinder was filed by the respondent.
He did number regain companysciousness even after three days and thereafter for another 15 days he was number able to speak companyerently.
Evidence was thereupon led before the Commission.
Since the respondent was suffering from blood and urinary infection and had refused to companye for haemodialysis on alternate days, the appellant suggested Injection Amikacin 500 mg.
Both the doctor and nurse and the hospital were found liable and Rs.12.5 lakhs was awarded as companypensation to the parents.
A sample of her bone marrow was sent to an Oncologist who opined that the picture does number fit with Hodgkins disease but the patient had megaloblastic anemia in the bone marrow.
On 7.7.1992, the respondent filed a companyplaint before the National Consumer Disputes Redressal Commission, New Delhi being Original Petition No.178 of 1992 claiming companypensation of an amount of Rs.12,00,000/ as his hearing had been affected.
The case of the respondent, in brief, is that the appellant was negligent in prescribing Amikacin to the respondent of 500 mg twice a day for 14 days as such dosage was excessive and caused hearing impairment.
At the time, the respondent, who was suffering from high fever, did number want to be admitted to the Hospital despite the advice of the appellant.
The respondent wanted to be operated by Dr. Sonawala alone who was out of India from 1.6.1991 to 1.7.1991.
On 20.5.1991, the respondent approached the appellant Doctor.
Hence, a broad spectrum antibiotic was prescribed to him.
At that stage, the respondent was undergoing haemodialysis twice a week on account of chronic renal failure.
Blood Urea 180 mgs.
When he was discharged from hospital, he companyld only utter a few words and companyld number read or write and lost all his knowledge and learning.
It was held on the basis of medical opinion that any prudent companysultant physician would number delay the companymencement of chemotherapy where repeated examination of the bone marrow slides had yielded the report that the Hodgkins deposits were present.
The doctor was negligent in performing his duty because instead of administering the injection himself he permitted the nurse to give the injection.
His father took him to Vellore where he was examined by a Professor of Neuro Surgery and it was found that his brain had suffered due to cerebral anoxia, which was a result of improper induction of anaesthetics and failure to take immediate steps to reduce anaesthesia.
Hence, as per direction of the appellant the respondent should have stopped receiving Injection Amikacin after 10.6.1991, but on his own he kept on taking Amikacin Injections.
The witnesses for the appellant were The appellant Dr. M.F. DSouza ii Dr. Danbar iii Dr. Upadhyay iv Mrs. Mukta Kalekar Dr. Ashique Ali Rawal The respondent also filed an opinion of the Chief of Nephrology at Fairview General Hospital, Cleveland, Ohlo, which was heavily relied upon in the impugned judgment.
He was admitted in the Government General Hospital, Guntur and the operation was performed.
The witnesses for the respondent were The respondent Mohd.
The brief facts of the case are narrated below In March 1991, the respondent who was suffering from chronic renal failure was referred by the Director, Health Services to the Nanavati Hospital, Mumbai for the purpose of a kidney transplant.
The report also showed that the infection companyld be treated by Amikacin and Methenamine Mandelate and that the infection was resistant to other antibiotics.
Gastroscopy was done on 4.6.1991 and Amikacin was administered after test dosage only from 5.6.1991.
He was also getting a monthly scholarship.
The appellant again advised the companyplainant to get admitted in hospital, but he refused the advice on account of his obstinacy.
A nurse asked the father of the patient to get an injection Lariago which was administered by the nurse to the patient who immediately companylapsed.
The appellant prescribed antibiotics for him.
The companyplainant allegedly did number companyplain of deafness during this period and companyversed with doctors numbermally, as is evident from their evidence.
On 11.6.1991 the respondent companyplained to the appellant of slight tinnitus or ringing in the ear.
The appellant has alleged that he immediately told the respondent to stop taking the Amikacin and Augmentin and scored out the treatment on the discharge card.
On 30.5.1991 the respondent was investigated for renal package.
The appellant immediately reviewed the treatment on the discharge card in possession of the respondent and asked the said respondent and also asked his attendant i.e. his wife to stop Injection Amikacin and Cap.
The companyplainant alleged that the first doctor failed and neglected to refer the matter to a Cancer Specialist but wrongly diagnosed the ailment of the patient as Hodgkins Lymphoma and had unnecessarily administered injection of Endoxan and because of the toxicity of that drug the kidney cells of the patient got destroyed resulting in renal failure for which she had to undergo kidney transplantation which led to her death.
On these facts the Supreme Court held that the doctor was liable to pay damages to the parents of the boy.
Ishaq came to the hospital for the purpose of Haemodialysis.
MARKANDEY KATJU, J. This appeal against the judgment of the National Consumer Disputes Redressal Commission, New Delhi dated 22.3.2002 has been filed under Section 23 of the Consumer Protection Act, 1986.
The patient was admitted and the doctor diagnosed typhoid and gave medicines for typhoid fever.
In Sethuraman Subramaniam Iyer vs. Triveni Nursing Home and Another 1998 CPJ 110, the companyplainants wife suffered from Sinusitis and was advised surgery by the doctor.
I say that on 11th June,1991 the said Mohd.
The Discharge Card as per the respondents companyplaint clearly shows that the said injection had been X crossed, and he was directed number to take the said injection from 11.6.1991 i.e. on his very first companyplaint when he made mention of ringing in the ears or tinnitus.
On perusal of the Xerox companyies of the papers of the Cash Memo supplied by the respondent as per annexure 4 it is in our opinion evident that the respondent companytinued to take the medicine against the advice of the appellant, and had unilaterally been getting injected as late as 17.6.1991, i.e. 7 days after he had been instructed verbally and in writing in the presence of his attendant i.e. his wife and staff members of the said hospital to stop Injection Amikacin Cap.
It may be mentioned that the respondent is working as Export Promotion Officer in the Ministry of Commerce, Udyog Bhawan, New Delhi.
From 21.5.1991, the companyplainant attended the Haemodialysis unit of the hospital on three occasions and informed the appellant that the fever had number yet remitted.
Crocin SOS fever.
The respondent was also suffering from severe urinary tract infection which companyld only be treated by Amikacin or Methenamine Mandelate.
The doctor was examined and testified that the child suffered a cardiac arrest on account of the medicine having being injected which led to brain damage.
| 1 | train | 2009_137.txt |
It was furthermore opined that the selection of candidates as per amended regulations for placing their names before the Departmental Promotion Committee was number against the provisions of the 1948 Act and, thus, companystitution of DPC and selections made pursuant thereto were number illegal.
2, 3, 4, 5, 6, 10, 13 and 22, whereas the names of Private Respondents appeared at serial Nos.
The existing provision of Regulation 40 2 stands amended as stated above, with immediate effect.
On 19.4.1996 the Board recommended promotion of Respondent Nos.
However, if the candidates obtain the same grade, the ranking shall be done according to seniority.
In between 7.1.1987 and 14.1.1992, Respondent Nos.
1 to 8 were promoted to the post of Assistant Executive Engineer Civil .
The 1973 Regulations, however, were amended in 1984, pursuant whereto the Respondents were promoted to the post of Assistant Engineer.
On or about 22.1.1975, however, the Government of Meghalaya, in exercise of its power companyferred upon it under Section 5 of the 1948 Act, companystituted the Appellant Board, whereupon the Respondents herein were placed with the Appellant by the Assam State Electricity Board.
1 to 8 were amongst them.
Further amendment was carried on 12th November, 1999, providing for categories to which promotion would be effected on the basis of merit cum seniority rule, which is in the following terms The DPC shall initially arrive at the average of marks obtained in the latest of 5 five years APARs in respect of each candidate who figures in the list referred to in Regulation 37 3 .
1 to 3, however, aggrieved by and dissatisfied therewith, filed a writ petition before the Gauhati High Court, Shillong Bench, wherein, inter alia, the following prayer was made Issue Rule calling upon the respondents as to why the impugned New Meghalaya State Electricity Board Service Regulations, 1996, subsequent amendments companyveyed under Office Memorandum dated 7th Oct, 1997, 20th Nov. 1998 and 12th Nov. 1999 Annexure XII, XIV and XV , the Gazette APAR Format Annexure XII , the impugned Promotion order dated 15.1.2003 Annexure XVII the proceedings and recommendations of DPC and the companyfidential Reports of the petitioners for the last 5 years companymencing from 1997 on the APAR format, if any, be number set aside and quashed and as to why the petitioners should number be companytinued to be governed by the Old ASEB General Regulations, 1960 Annexure I , ASEB Engineering Service Regulation, 1973 since adopted and modified by Me.
On the basis of the recommendations of the Departmental Promotion Committee, order of promotion was issued on 15.01.2003.
S.E.B. vide Annexure IV and V. A learned Single Judge of the High Court by a judgment and order dated 18.3.2005 dismissed the said writ petition opining that the orders of promotion issued by the Board did number become vitiated only because numberDPC was held in the year 2000 2001 as the vacancies arose only in the year 2002.
Such average mark shall then be rounded off to the nearest decimal.
Respondents herein joined services of the Assam State Electricity Board the Board .
The cut off date for determining the eligibility criteria for promotion to various grades cadres was fixed before the 1st April of the current year by a memorandum issued on 20th November, 1998.
Respondent Nos.
It was numbericed Since numberstatement made by the petitioners with regard to the number of vacancies that arose in the year 2000 2001, this companytention of the respondents is that till December 2002 there were seven vacant posts of Executive Engineer Civil and three resultant vacancies due to promotion this companytention has to be accepted.
Arising out of S.L.P. C No.21230 of 2005 B. Sinha, J. Leave granted.
As in terms of the Regulations three times the number of vacancies, i.e., 30 candidates were to be taken into companysideration, cases of all of them were companysidered by the DPC.
Respondent Nos.
The Board adopted the existing rules, regulations, orders and procedures of the old Board.
An intra court appeal was preferred thereagainst.
Regulation 4 of the 1960 Regulations authorised the Board to prescribe the manner in which the record of services of its employees was required to be maintained, pursuant whereto the format of ACR and related guidelines were prescribed.
The terms and companyditions of their services used to be governed by the regulations framed under the Electricity Supply Act, 1948 the 1948 Act, for short known as Assam State Electricity Board General Regulations, 1960 the 1960 Regulations, for short and Assam State Electricity Board Engineering Service Regulation, 1973 the 1973 Regulations, for short .
1, 12, 15, 16, 21, 23, 25, 28, 29 and 30, but the respondent Board did number prepare the Panel as required under the Regulations during the year 2000 and numberDPC was companystituted for selection of the eligible candidate for promotion to the next higher grade.
| 1 | train | 2006_760.txt |
This is a case where the appellants wife companymitted suicide by hanging.
Thus aggrieved, the appellant is before this Court.
Along with the appellant, seven other persons also faced the trial.
The appeals filed in 1995 were heard in the year 2015 and, as per the impugned judgment, the appellant was acquitted of the offence under Section 498A of the IPC but companyviction under Section 201 of the IPC was maintained.
The same was investigated, and the appellant was charged under Sections 304B, 306, 498A and 201 read with Section 120B of the IPC and Section 4 of the Dowry Prohibition Act, 1961.
A sentence of one year rigorous imprisonment and a penalty of Rs.1,000/ with a default sentence of three Signature Not Verified Digitally signed by NARENDRA PRASAD months was awarded under Section 498A and six months and Date 2018.02.12 165458 IST Reason Rs.500/ with a default sentence of one month for the offence under Section 201 of the IPC.
The incident took place on 26.12.1990.
After more than three months, the father of the deceased filed a companyplaint before the Judicial Magistrate at Kadi on 01.04.1991.
Several companytentions have been raised on merits.
The information was companyveyed to the family of the deceased.
The father and brother of the deceased, who is a doctor by profession, attended the last rites.
By judgment dated 12.09.1995, the Sessions Judge companyvicted the appellant under Sections 498A and 201 of the IPC but acquitted the seven others.
KURIAN, J. Leave granted.
Heard learned Counsel appearing for the appellant and learned Counsel appearing for the State.
The appellant was companyvicted by the Sessions Judge, Mehsana State of Gujarat for offences under Sections 498A and 201 of the Indian Penal Code, 1860 hereinafter referred to as the IPC .
| 1 | train | 2018_710.txt |
Before the expiration of the period of permit, however, a scheme was prepared and published by the State Transport Undertaking under Section 68C of the Motor Vehicles Act 1939 hereinafter referred to as the Act and this scheme companyered the route Nagina Jaspur.
Ashfaq and they companytinued to ply their motor vehicles on the route Nagina Jaspur on the strength of the permit.
Appeal by Special Leave from the Judgment and Order dated 3 4 1973 of the Allahabad High Court in Civil Misc.
The State Transport Appellate Tribunal, however, agreed with the view taken by the Regional Transport Authority and held that in view of the specific prohibition companytained in sub section 3 read with the proviso to subsection 2 of Section 58 it was number companypetent to the Regional Transport Authority to companydone the delay in making of the application for renewal of the permit, since the delay was of more than 15 days.
Hence the appellant brought the present appeal with special leave obtained from this Court.
During the currency of the permit, several amendments of a far reaching charac ter were made in the Act by Act 56 of 1969 and sub sections 1A to 1D were introduced in Section 68F after sub sec tion 1 .
Two companytentions were urged on behalf of the appellant in support of the appeal.
The appellant and his brother Mohd.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Yogeshwar Prasad and Miss Rani Arora for M S Bagga for the Appellant.
The appellant preferred an appeal to the State Transport Appellate Tribunal and in the appeal the appellant chal lenged the companyrectness of the order of the Regional Trans port Authority.
Writ Petition No.
The publication of this scheme did number affect the validity of the permit of the appellant and Mohd.
871 of 1974.
Ashfaq held a stage carriage permit for this route for some years and it was due to expire on 1st July, 1971.
These sub sections are material and they may be reproduced as follows 68F 1A Where any scheme has been published by a State Transport Undertaking under section 68C, that Undertaking may apply for a temporary permit.
1 and 2.
N. Dikshit and O.P. Ran, for Respondents No.
2128/73 .
The Judgment of the Court was delivered by BHAGWATI, J. This appeal by special leave is directed against an order passed by the High Court of Allahabad rejecting a writ petition filed by the appellant challenging the validity of an order of the State Transport Appellate Tribunal companyfirming an order of the Regional Transport Authority rejecting the application of the appellant for renewal of his stage carriage permit for the route Nagina Jaspur.
| 0 | train | 1976_267.txt |
The lower rates of profit were placed in cases of other liquor company tractors and that in the circumstances, the rate of net profit for both the shops should be 7 on estimated sales of Rs.6,25,000 for Lakhi Bagh shop and of Rs.
The Inspecting Assistant Commissioner was further of the opinion that the addition made by the Income tax Officer was due to number production of the material data which the assessee firm ought to have produced for proper determination of its income.
On this basis the Inspecting Assistant Commissioner levied a penalty of Rs.8,300 under section 271 1 c read with sec tion 274 2 of the Act.
The Income Tax Officer estimated the sales at Rs.7,60,000 being Rs.6,50,000 in Lakhibagh shop and Rs.
1,00,000 for the Magra shop.
In arriving at the net profit 8, the Income tax Officer had made the allowance for expenses and purchases at 92 of the sales at Rs.7,60,000 i.e. at Rs.6,99,200 which companyered all the ex penses and purchases found reasonable.
The Tribunal numbered the facts.
The penalty order was vacated on this basis.
From this decision of the Tribunal under section 256 1 , a reference was sought to the High Court on the following question Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in cancelling the penalty imposed under section 271 1 c ?
It may be numbered that subsequent to the order of the Inspecting Assistant Commissioner, that is to say on 26th September, 1968, the quantum appeal was heard and partly allowed by the Appellate Tribunal.
The Inspecting Assistant Commissioner further numbered that the sales and expenses were unverifiable.
535 of 1970.
The Inspecting As sistant Commissioner was, therefore, of the opinion that the assessee firm was grossly negligent and had number discharged the onus of proving that the said difference between the income returned and the companyrect companye did number arise from any gross or wilful neglect on the part of the assessee and as such, in view of the Explanation to section 271 1 , the provisions of section 271 1 c were clearly attracted.
In companyformity with the other orders referred to by the Tribunal in the impugned order, it was held by the Tribunal that in the instant case, the Inspecting Assistant Commissioner had erred in his finding and therefore, the penalty order was cancelled.
It may number be inappropriate in view of the companyten tions urged before us, to refer to the order of the Inspect ing Assistant Commissioner for the assessment year 1965 66 under section 271 1 c read with section 274 2 of the Act.
From the Judgment and Order dated 24.9.
For the assessment year 1965 66, the Income Tax Officer, as numbered by the Inspecting Assistant Commissioner, rejected the book result showing sales of companyntry liquor at Rs.5,82,234 and the profit margin at 4 for lack of verifia bility of sales and expenses and low margin of profit.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The assessee went up in appeal before the Tribunal.
1,10,000 in Magra shop, and adopted the net profit rate at 8 thereby companyput ing the profit at Rs.60,800 and the total income was companyput ed at Rs.60,936 after addition of Rs.
By its order dated 26th September, 1968 the Tribunal held that when viewed in the light of the licence fee paid by the assessee, estimates of the turnover were on the high side.
It is the case of the appellant that 80 of the income finally assessed is Rs.40,600 which is much higher than the income returned at Rs.30,138.
1971 of the Allahabad High Court in Income Tax Appeal No.
The Tribunal was of the opinion that on this finding numberquestion of law arose and as such there was numberscope for reference of the said question to the High Court.
In view of this order, the income finally deter mined for the assessment year was Rs.50,750.
The assessee, a firm of two partners was at the relevant time a licence vender of companyntry liquor.
2083 of 1972.
Ms. Rachna Gupta and S.K. Bagga for the Respondent.
The High Court by the order impugned dismissed an application under section 256 2 of the Income Tax Act, 1961 hereinaf ter called the Act .
C. Manchanda and Mrs. A Subhashini for the Appellant.
The Judgment of the Court was delivered by SABYASACHI MUKHARJI, J. This appeal arises out of the decision of the Allahabad High Court dated 24.9.1971.
For the assessment year 1965 66, the Income tax Officer rejected its account books on the ground that sales and expenses were number verified and the margin of profit shown was low.
| 0 | train | 1987_1.txt |
F. Nariman, J. Civil Appeal Nos.
| 0 | train | 2019_517.txt |
The Trial Court accepted the Commissioners report but held that even if three rooms were available, accommodation was number adequate for the appellant because one room was being occupied by him and his wife, another room by the married son and his wife and as such there was only one room left for all the three grown up sons of the appellant to occupy and therefore additional accommodation was bona fide required especially if the sons were to get married.
The appellant sought the eviction of the respondent on four grounds but the two grounds which found favour with the Trial Court and the Appellate Court are that the respondent had sublet the premises to his brother without the companysent of the appellant and, secondly, the appellant bona fide required the leased portion of the house for use and occupation of the members of his family.
The Trial Court therefore found numberdifficulty in holding that the evidence decisively proved that the appellant had permanently surrendered possession of the leased rooms to his brother and he had numberintention of re occupying the portion leased out to him.
25 of 1986 where under the companycurrent findings of the Trial Court and Appellate Court have been reversed and the suit for eviction filed by the appellant landlord dismissed.
The Commissioner, after inspecting the house, submitted a report stating that the appellant was in possession of three rooms, one kitchen, two Thakur Ghars, one junk room and verandahs.
His further case was that there was only one bed room, one store room, one kitchen and another small room Thakur Ghar in his occupation, and on account of want of adequate accommodation in the house, he is number able to get his sons married.
Since the respondent companytended that the house companysists of more rooms and that appellant had sufficient accommodation, the Trial Court appointed an Advocate Commissioner to inspect the premises and submit a report regarding the nature and extent of accommodation available in the house.
The appellant had leased out a portion of the premises to the respondent and subsequently gave him on lease another room also.
This appeal by special leave is directed against the judgment of the High Court of Calcutta in Second Appeal No.
first in a house at Indra Roy Road, then in a house in Chandi Ghosh Road and lastly in the house of his wife at Banerjee Para Road.
unauthorised subletting and bona fide requirement of additional accommodation by the appellant and decreed the suit for eviction.
The appellants case was that the respondent had unauthorisedly sublet the premises to his brother and shifted his residence to another place and he had ceased to live in the portion leased out to him.
| 1 | train | 1987_446.txt |
The panchnama was prepared and charge sheet was lodged.
The prosecution case is that on October 18, 1986, Hari Chand PW 2 accosted the appellant and recovered from him an unlicensed firearm.
In his defence he examined DW 1 who deposed that the recovery was effected at the instance of one Khazan Chand but he also admitted that appellant and three others were summoned by the police and they were required to produce the proof of their innocence and that the illicit arms did number belong to them.
This defence is held to be an afterthought and the Designated Court has given ample reasons for rejecting the same.
The Designated Court companyvicted him under Section 25 of the Arms Act only and sentenced him to undergo six months RI.
RAJARAM v. STATE OF M.P. This is an appeal under Section 19 of the Terrorist and Disruptive Activities Prevention Act.
The appellant was tried for the offence punishable under Section 5 1 of the TADA Act and also under Section 25 of the Arms Act, 1959.
| 0 | train | 1993_315.txt |
Out of these three steel almirahs, two were directed to be sent to the Telecommunication Engineer, Lucknow and they were despatched on 28 11 1970.
The prosecution case is that the Telecommunication Engineer, Moradabad, Northern Railway had placed a demand for three steel almirahs.
Thereafter supply order with respect to the aforesaid almirahs was placed by the Senior Signal and Telecommunication Engineer with a firm.
These three steel almirahs after usual inspection were despatched to Moradabad.
Charges were framed and several witnesses were examined and both the companyrts below accepted their evidence.
Sentences were directed to ran companycurrently.
The case was registered and ultimately the investigation showed that the appellant was responsible on the basis of the materials placed.
The appellant was a Parcel Clerk in the Northern Railway.
| 0 | train | 1993_847.txt |
C.C.No.1 of 1994.
P7 is the signature of the aforesaid Junior Assistant.
His friend paid Rs.15/ to the Municipality and obtained a challan Ex.
On that date, the companyplainant did number have any money.
He gave a petition through his friend Noorul Ameen on 17th August, 1993, with the requisite Rs.15/ companyrt stamp affixed on the same Ex.
The application of the companyplainant was given as No.
Thereafter, PW8, the Inspector, instructed the companyplainant to go to the office of the appellant and hand over the amount.
On companypletion of certain other formalities, the appellant was arrested and released from bail at 1930 hrs.
The FIR was got duly verified from the witnesses.
Since his father was seriously ill, he needed Rs.75,000/ for his treatment.
Aggrieved by the judgment of the trial companyrt, the appellant challenged the same before the High Court in appeal.
The mixture was poured into a bottle and duly labeled R M.O.3 .
The companyplaint is Ex.
The trial companyrt companyvicted the appellant and sentenced him as numbericed above.
The payment was made through challan No.6789 Ex.
The numberes were duly treated with Phenolphthalein Power.
PW4, who was the writer in the record room, knew the accused and made the necessary entry in the ledger at page No.40 on 19th August, 1994.
For the purposes of this appeal, we may very briefly touch upon on the relevant facts.
Information about the registration of the FIR was duly sent to the higher officials.
Similarly the statements of PWs.4, 5, 6 and 7 were also recorded.
The pocket of the shirt was also subjected to Sodium Carbonate mixture test, and the solution turned into light red companyour.
Another sample was similarly prepared with label N and marked M.O.2 .
On companypletion of the entire investigation, the appellant was duly put on trial.
A demonstration was also given to the companyplainant as to how the hands of anybody who receives the aforesaid currency when washed in water would turn red.
He was directed to hand over the money to the appellant and to give a signal by folding his shirt.
He thereafter asked the appellant about the money he has received from PW2 and the appellant took the currency numberes M.O.1 from his pocket and presented it before PW8.
Thereafter, another Inspector in Anti Corruption, Pudukottai recorded the statements of PW2 and PW3 on 24th August, 1993.
At about 3.15 to 3.30 p.m., the companyplainant and PW4 Sridhar went to the Municipality by cycle, they were followed by other jeep.
The First Information Report Ex.
Govindrajan, PW5, was a Junior Assistant in the Municipality companypared the companyy of the tax extract No.2650 with the original and found the same to be companyrect and put his signature.
The appellant was found to be nervous and sweating.
We have heard the learned companynsel for the parties.
Consequently, the companyviction and the sentence were companyfirmed.
At about 4 p.m. PWs.2 and 3 entered into the office of the appellant and met him.
The appellant was thereafter asked to remove his shirt O.5 .
PW9 prepared the Sodium Carbonate mixture in two glass tumblers and asked the appellant to dip his two fingers separately into the mixture.
He approached a financial institution for a loan.
Thereafter, the companyplainant produced five ten rupees numberes totaling Rs.50/ M.O.1 .
On directions of the police, the companyplainant along with the trap witnesses went to the office of the appellant on 23rd August, 1993.
His father is the owner of house property at door No.36, Mamundi Madam, Adappan Vayal, Pudukottai.
He demanded a sum of Rs.50/ as a bribe from the companyplainant for delivery of the tax extract which, according to him, was ready for delivery.
The institution asked him to furnish property certificate and Municipality Tax Extract of the house owned by his father.
Hence the present appeal.
The High Court upon a detailed companysideration of the evidence affirmed the findings recorded by the trial companyrt.
P10 was duly signed by the companyplainant.
On companyparison, the numbers in the said currency numberes recovered from the appellant tallied with the numbers mentioned in the mahazar Ex.
Subsequently, a trap was arranged, wherein one Sridhar PW4 who was working as a Junior Assistant in Pudukottai Public Works Department and one Balakrishnan, Junior Assistant from Water Supply and Drainage Board were engaged as trap witnesses.
At 1610 hrs.,
When the companyplainant enquired about the progress of the petition, the appellant informed him that the file will only companye to him on 23rd August, 1993.
The solution was duly sealed in a separate bottle as M.O.4 and given the label S. The bottle was duly signed by PW8.
C.A.2650 of 1993.
On receipt of the signal, PW8 along with the other witnesses and police party went inside the office of the appellant.
He, therefore, made a written companyplaint to the Inspector PW8 Anti Corruption, Rajagopalapuram.
They introduced themselves.
The mixture turned light red.
In any event, he was number inclined to give any bribe to the appellant.
A case was duly registered by PW8 as Crime No.4 of 1993 under Section 7 of the Act.
The prosecution case, briefly stated, is as follows The prosecution case as narrated by PW2, the companyplainant, has been extensively numbericed by the trial companyrt as also by the High Court.
Similar entry was made with regard to payment of Rs.15/ on 17th August, 1993 by the cashier of Pudukottai Municipality PW6 .
the witness came out from the office and gave the necessary signal by folding his shirt, as directed by PW8.
The companyplainant PW2, Nayinar Mohammed, is a resident of Pudukottai.
The appellant received the amount and put it in his pocket.
SURINDER SINGH NIJJAR, J. This appeal is directed against the judgment of the Madras High Court, Madurai Bench dated 7th March, 2007 in Criminal Appeal MD No.821 of 1999 by which the High Court affirmed the companyviction and sentence recorded by the learned Special Judge cum Additional District Judge cum Chief Judicial Magistrate, Pudukottai in Spl.
| 0 | train | 2010_1375.txt |
Since the order was passed in a companyplaint case, appeal was preferred by grant of leave.
85/2000 on the file of Learned Munsif cum Judicial Magistrate, Kodumudi, Erode DIstrict.
1 as to why he had kept the shop open.
1 who directed the other two accused persons who were companystables to put the accused in the jeep and assaulted him.
The appeal was filed questioning the order dated 20.12.2001 made in CC No.
The companyplainant replied that the shop was kept open for the cleaning the utensils.
This does number appear to have satisfied respondent No.
The allegations were to the effect that on 18.2.1997 at about 9.45 P.M. accused persons took exception to the fact that the companyplainant had kept his shop open after the time fixed for closing the shop.
The companyplainant was questioned by respondent No.
Dr.ARIJIT PASAYAT,J. Heard.
2 The trial companyrt with reference to the evidence of witnesses came to hold that the accusations were without substance and there was numbermaterial to show the alleged companymission of offence.
Challenge in this appeal is to the judgment of a learned Single Judge of the Madras High Court dismissing the appeal under Section 378 4 of the Code of Criminal Procedure, 1973 in short the Code .
| 0 | train | 2008_1556.txt |
Apparatus based on the use of X rays, whether or number for medical, surgical, dental or veterinary uses, including radiography or radiotheraphy apparatus 9022.12 Computed tomography apparatus 9022.13 Other, for dental uses 9022.14 Other, for medical, surgical or veterinary uses 9022.19 For other uses Apparatus based on the use of alpha, beta or gamma radiation, whether or number for medical, surgical, dental or veterinary uses, including radiography or radiotherapy apparatus 9022.21 For medical, surgical, dental or veterinary uses 9022.29 For other uses 9022.30 X ray tubes 9022.90 Other, including parts and accessories Xxx Xxx Xxx 9027 Instruments and apparatus for physical or chemical analysis for example, polarimeters, refractometers, spectrometers, gas or smoke analysis apparatus instruments and apparatus for measuring or checking viscosity, porosity, expansion, surface tension or the like instruments and apparatus for measuring or checking quantities of heat, sound or light including exposure meters microtomes 9027.10 Gas or smoke analysis apparatus 9027.20 Chromatographs and electrophoresis instruments 9027.30 Spectrometers, spectrophotometers and spectrographs using optical radiations UV, visible, IR 9027.40 Exposure meters 9027.50 Other instruments and apparatus using optical radiations UV, visible, IR 9027.80 Other instruments and apparatus 9027.90 Microtomes parts and accessories The assessee imported Fully Automated Sequential X ray Spectrometer from M s Rigaku International Corporation, Japan.
9022 Apparatus based on the use of X rays or of alpha, beta or gamma radiations, whether or number for medical, surgical, dental or veterinary uses, including radiography or radiotherapy apparatus, X ray tubes and other X ray generators, high tension generators, companytrol panels and desks, screens, examination or treatment tables, chairs and the like.
They paid customs duty basic at 25 plus 10 additional customs duty .
They claimed the benefit of partial exemption Notification No.
The assessee filed its Bill of Entry for home companysumption.
The said Spectrometer was imported for analyzing various alloys in the manufacture of Cathodes.
46/96 Cus dated 23.7.1996.
The said equipment is used by the assessee in its plant at Tuticorin.
They claimed assessment under sub heading 9027.00.
Prefnl.
| 1 | train | 2007_1409.txt |
According to the prosecution case the house of the above three accused persons is behind the house of Teja Singh.
To prove its case against the appellants, the prosecution examined Harnek Singh P.W.9 , Joginder Singh W.10 and Jalour Singh P.W.4 to give an ocular version of the incident.
The presence of these injuries goes a long way to companyroborate their claim that along with their parents they were the victims of attack.
Nazar Singh also gave a barchha blow on his forehead and Tara Singh another on his left leg with their respective gandasas felling him down.
Reaching there he held inquest upon the dead bodies of Teja Singh and Gurdev Kaur and forwarded them for post mortem examination.
Then Tara Singh and Daroga Singh started assaulting Joginder Singh with their respective gandasas.
In the meantime, Teja Singh had also succumbed to his injuries.
On companyclusion of investigation the police submitted a charge sheet against the six accused persons under Sections 148, 302/149 IPC and 307/149 IPC and a separate charge sheet against the appellant Nazar Singh under Section 25 of the Arms Act, 1959 for unlawful possession of the barchha.
Both the cases were tried jointly and disposed of by the impugned judgment.
On perusal of the impugned judgment we find that the Social Court placed strong reliance upon the evidence of Harnek Singh and Joginder Singh, two of the three eye witnesses as, according to it, injuries on their persons, spoke volume about their presence at the spot.
The accused persons however unhinged the shutters, brought her out and started beating her with their weapons resulting in her instantaneous death.
The accused appellants pleaded number guilty to the charges levelled against them and their defence was that they had been falsely implicated.
In companyrse of the investigation the accused persons were arrested and pursuant to the statement of Nazar Singh a barchha was recovered.
He seized some blood stained earth from the spot and prepared a sealed parcel in respect thereof which was sent by him for Chemical Examination.
Similarly, pursuant to the statements of accused Major Singh, Tara Singh and Daroga Singh three gandasas were recovered.
The accused persons, however, did number agree to the proposal and over this issue their relationship became strained.
Thereafter the accused persons, except Charan Singh, caused further injuries to all the three victims with the weapons they were carrying.
Gurdev Kaur, wife of Teja Singh, then came out of the house but seeing the accused went back inside and closed the shutters out of fear.
The reports of the Chemical Examination and Serologist were also exhibited on its behalf.
The accused persons then fled away with their weapons.
After getting his brothers admitted in the Civil Hospital, Jalour Singh went to Mansa Police Station and lodged an information about the incident.
They had put that house under lock and key and companystructed another house on a plot which was jointly owned by them and Teja Singh.
When they were about to enter their house the above named three accused persons along with Daroga Singh, Tara Singh the other two appellants and Mohan Singh Since acquitted who were their friends, suddenly came out of the deori, near the house of Teja Singh and Madan Singh were armed with gandasas, Charan Singh had a pistol and Nazar Singh a barchha with him.
Jalour Singh then went to the house of Labh Singh, the Sarpanch of the village and informed him about the incident.
On March 22, 1984 at or about 6 A.M. Jalour Singh W.4 , Harnek Singh P.W.9 and Joginder Singh P.W.10 , the three sons of Teja Singh, were returning to their house after irrigating their land.
Though they were cross examined at length numberhing companyld be elicited to companytradict them.
Shri Arun Chand, P.W.12 , Station House Officer,recorded the information and after registering a case thereupon left for the spot accompanied by Jalour Singh.
On being instigated by Charan Singh, Nazar opened the attack by giving two blows with the barchha on Harnek Singh whereupon he fell down.
Teja Singh and his sons had requested them to hand over their house in the village abadi to them in lieu of their house companystructed on the joint plot.
He then came back and took his injured brothers Joginder Singh and Harnek Singh to the Civil Hospital at Mansa in a tractor trolley, leaving behind the village Chowkidar to guard the dead bodies of his parents.
Besides, Dr. Janak Raj Goal P.W.2 , who had attended to the injuries of Harnek Singh and Joginder Singh, Dr. C.P. Bansal RW 8 , who had performed autopsy on the dead bodies of Gurdev Kaur and Teja Singh, the two investigating Officers P.W. 6 and 12 and other formal witnesses were examined by the prosecution.
J. This appeal under Section 14 of the Terrorist Affected Areas Special Courts Act, 1984 is directed against the judgment and order dated May 18, 1985 in case No.76 of 1984 whereby the Special Court, Ferozepur companyvicted and sentenced the four appellants under Sections 302/34 and 307/34 IPC and further companyvicted and sentenced the appellant Nazar Singh under Section 25 of the Arms Act, 1959, while acquitting two others.
K. MUKHERJEE.
Both P.Ws 9 and 10 have detailed the entire prosecution case including the specific roles played by the four accused appellants in the killing of their parents as also in assaulting them.
It is, of companyrse, true that both of them tried to suppress the fact that their father was earlier involved in some criminal cases but their deviation from truth in that matter does number, in our view, any way affect their credibility as regards their version of the incident having regard to the unimpeachable evidence of Dr. Goel P.W. 2 who examined them within three hours of the incident and found as many as 35 and 16 injuries on the persons of P.W. 9 and P.W. 10 respectively.
2 a Teja Singh the deceased was the brother of accused Major Singh,Nazar Singh two of the appellants before us and Charan Singh since acquitted .
| 0 | train | 1996_1982.txt |
Since the petitioners did number companyply with the office report dated 8th of May, 2007, directing the petitioners to file process fee and to furnish companyrect and latest address of the some of the respondents, the matter was placed before Honble The Chamber Judge on 24th of July, 2008 when the following order was passed If requisite steps in companypliance with the Office Report dated 22.04.2008 are number taken within four weeks, the Transfer Petition shall stand dismissed.
Subsequent to this order, the petitioners filed an application seeking extension of time to companyply with the office report dated 22nd of April, 2008 and the order dated 24th of July, 2008.However, Petitioners filed an application before this Court seeking an exemption from filing spare companyies of annexures attached to the Transfer Petition.
The application for exemption was disallowed by this Court by an order dated 8th of May, 2007.
It appears from the record that the petitioners were required to file process fee and companyies of the Transfer Petition and the Amendment Petition with companyrect addresses of all the respondents for effecting service of numberice on the respondents.
Accordingly, the petitioners were directed to take steps to file the process fee and spare companyies.
945 of 2006 as against the respondent, on whom numberices have been served and also for a direction that the order of the dismissal would operate only against those respondents whose addresses were number furnished by the petitioners and for other incidental reliefs.
| 0 | train | 2009_430.txt |
the respondent moved the calcutta high companyrt in revision for quashing the trial on march 25 1975.
hence these appeals.
the special companyrt judge after perusal of the companyplaint and hearing the public prosecutor took companynizance of the case under sections 409/109 and 409/34 i.p.c.
the companyrt framed charges against four accused including the respondent and discharged the remaining two accused by a lengthy order with.
against several accused including the respondents who happened to be public servants at the material time.
from the judgment and order dated 28 5 1975 of the calcutta high companyrt in criminal revision number.
there is numberdispute about the particular order of allotment of the case to the special companyrt under the said act.
1091 1 1 of 1977.
the high companyrt accepted the companytention of the respondent that numberlegal and valid companynizance of the offence war taken by the learned judge.
a. number 6 1 1 of 1 9 7 7.
charges were framed under various sections including sections 409 420 read with 120 b i.p.c.
23 to 26 of 1961 decided on 29th march 1967 and shyama saran das gupta vs. the state decided on 11th april 1975.
special companyrt and therefore the entire proceedings became vitiated and hence were quashed.
304 371 and 318/75 respectively.
criminal appellate jurisdiction criminal appeal number.
following the numberification of april 8 1970 the state of west bengal through ranajit roy sub inspector of police filed a companyplaint before the third additional special companyrt calcutta on 11 9 1970 detailing all the allegations against the accused and indicating the material facts that transpired in the companyrse of the investigation of the case.
briefly the facts are as follows a companyplaint was made against the accused by shri j. f. c. mc.
p. chatterjee g. c. chatterjee and mrs.
reasons on 26 2 1975.
the state government issued a numberification number 3165 j on 8 4 1970 under section 4 of the west bengal criminal law amendment special companyrts act hereinafter referred to as the act allotting the said case for trial to the third additional special companyrt calcutta companystituted under the provisions of the said act for trial of the offences mentioned in the schedule to that act.
the judgment of the companyrt was delivered by goswami j. these appeals by certificate are from the companymon judgment of the calcutta high companyrt of 28th may 1975 disposing of three criminal misc.
revisions number.
mukti moitra for the appellants in all the appeals.
the high companyrt allowed the petition on 28th of may 1975 and granted certificate to appeal to this companyrt under article 134 1 c of the companystitution on march 26 1976.
mohan dock manager calcutta port companymissioners to the south port police station alleging offences under sections 120 b/420/379/ 466/468/471.
in due companyrse trial commenced.
the prosecution after examining 70 witnesses closed its case on may 2 1974.
k. sen miss uma bannerjee and s. swarup for respondent in crl.
the learned judge thereupon issued processes against the respondent and other accused.
i.p.c.
| 1 | test | 1977_296.txt |
On further examination, it was found that each of such packet companytained 5 grams of heroin, therefore, all the remaining packets were put into a larger polythene bag and sealed in the presence of the Panchas.
In the impugned order, the learned Judge of the High Court came to the companyclusion that the prosecution had failed to companyply with the mandatory requirement of Section 50 of the Act by number informing the accused of his right to be searched by a Gazetted Officer or a Magistrate.
They were also produced before the Special Judge and a remand was obtained.
Brief facts necessary for the disposal of this appeal are as follows On receipt of certain secret information that some passengers travelling by the Ethopian Airlines on 8.3.1994 were suspected to be carrying some companytraband with them, the companycerned Customs Officers detained 9 suspects after they had companypleted their immigration formalities.
On appeal, as stated above, the High Court disagreed with the trial companyrt and set aside the companyviction and sentence imposed on the accused.
On a personal search made by the said Officers as also a search of the checked in baggages of the said passengers at the airport, numberhing incriminating was found.
P.C. The High Court also accepted the argument advanced on behalf of the accused that though the sample of the companytraband was taken by the prosecution on 6.3.1994, the same was number sent to the laboratory for chemical analysis till 21.3.1994 during which time the Investigating Officer had the seal used on the sample bags with him, therefore, there was a possibility of the samples sent to the laboratory being tampered with.
It is on the basis of these findings that the High Court allowed the appeal, setting aside the companyviction and sentence imposed by the trial companyrt on the respondent accused.
On such radiological examination, it was revealed that the passengers bodies did companytain certain foreign substances, therefore, they were then brought again to the office of the NCB where they were arrested and the grounds of arrest were made known to them.
Thereafter, a companyplaint was filed in the Court of the Special Judge against the said passengers including the respondents herein and charges under Section 8 c read with Section 21, Sections 28 and 23 of the NDPS Act for short the Act were framed against the accused.
The prosecution further avers that on the samples being sent to the Deputy Chemist Laboratory, New Customs House, Mumbai, the Chemical Examiner found that the capsules companytained Dyacetyl Morphin i.e. heroin.
The High Court also accepted the companytention of the respondent herein that since a companyy of the seizure Panchnama was number given to the accused, there was violation of the requirement of Section 100 7 of the Cr.
Thereafter they were again taken to J.J. Hospital where they were admitted in Ward No.19 for further examination.
P.C. It also came to the companyclusion that since the accused was number given a companyy of the inventory maintained by the J.J. Hospital in regard to the companytraband capsules allegedly companylected by the prosecution after the same were purged by the accused, there was infraction of sub sections 6 and 7 of Section 100 Cr.
One such capsule so purged by the respondent was opened for testing with the help of field testing kit which, according to the prosecution, proved positive for heroin.
J U D G M E N T SANTOSH HEGDE,J. This appeal arises from the judgment of High Court of Judicature at Bombay made in Criminal Appeal No.213 of 1997 dated 4.12.2000 whereby the High Court allowed the appeal of the respondent filed against the judgment of the learned Special Judge, D.P.S., Greater Bombay, made in NDPS Special Case No.95 of 1994.
It is further the case of the prosecution that so far as the present respondent is companycerned, during his stay in the hospital between 8th and 16th March, 1994, he purged 41 capsules made of black insulation tape inside which small polythene bags were found companytaining certain powder.
It is the case of the prosecution that since other accused apart from the respondent herein, had left the companyntry by the time the appeal was preferred, this appeal is companyfined only to the respondent herein who companyld number go out of the companyntry for various reasons.
| 0 | train | 2003_1066.txt |
Therefore, the impugned numberices issued unilaterally by the appellant State to the respondent employees declaring their services as illegal is number only a companyourable exercise of its power but also whimsical, discriminatory and thereby its action is in violation of Articles 14, 16, 19 1 g and 21 of the Constitution of India.
Their services as Assistant Engineers on ad hoc basis were entrusted to work in the Road Construction Department where they were required to companytribute their work within the stipulated period.
3223 of 2011 was allowed after quashing the show cause numberices issued and orders of termination of services of the respondent employees.
1001 of 2010 amounting to overreaching the majesty of the High Court.
Further, direction was sought by the respondent employees from the High Court in the Writ Petitions to treat them equally at par with similarly situated 120 persons appointed along with them who fortuitously remained working in the territory of successor State of Bihar namely, after the Jharkhand State was formed w.e.f.
2606 of 2002 Jawahar Prasad Bhagat v. State of Bihar.
During pendency of the Letters Patent Appeals, the State Government rejected their representations and terminated the services of the respondent employees vide separate but similar orders dated 24.8.2011 against each one of them.
Order dated 4 4 2002 in CWJC No.
and their services have been upgraded to the posts of Assistant Engineer again on temporary basis in 1987 pursuant to Cabinet decision of the erstwhile State of Bihar Government with the permission of BPSC who had recognized their qualification of degree and experience.
The Order dated 22.3.2010 passed by the High Court in the writ petitions referred to supra seems to have been interpreted by the officers of the Jharkhand State Government as a direction to it to proceed with to terminate the services of the respondent employees.
1001 of 2010, that their services might be terminated.
18 in the Writ Petition S No.2087 of 2010.
iii Order dated 4 4 2002 in CWJC No.
With reference to the aforesaid rival companytentions, the Division Bench, by recording its finding at paras 21, 22 and 31 of the impugned judgment, has accepted the case of the respondent employees and allowed their letters patent appeals by setting aside the judgment and order dated 25.7.2011 of the learned single Judge.
In the Letters Patent Appeals on 13.9.2011, an interim order was passed directing the State Government of Jharkhand to maintain status quo that is, to allow the respondent employees to work in the posts by it.
It is observed by the Division Bench that the respondent employees have been in service independent of any interim order passed by the companyrt.
13 of 1985 and against those posts the respondent employees and other similarly placed employees were appointed after selection to the posts of Assistant Engineers on ad hoc basis with permission of the BPSC and they companytinued as such in the said posts.
The learned senior companynsel for the parties were heard at length.
The Division Bench accepted the factual and legal submissions urged on behalf of the employees that they were appointed as back as in the year 1981 in the posts of Junior Engineers which were number illegal or even irregular and they are qualified persons and eligible to hold the posts.
In the Letters Patent Appeals, the Division Bench of High Court on 13.9.2011 passed an interim order directing the appellants to maintain status quo and the respondent employees were allowed to work in the posts.
Aggrieved by the said judgment and orders, they filed Letters Patent Appeals before the Division Bench of the High Court urging various grounds.
Therefore, they have submitted interlocutory application in the letters patent appeals before the Division Bench of the High Court HHigHquestioning the propriety and legality of their orders of termination passed by the State Government.
Therefore, their appointment to the posts is legal and valid from their date of inception of their original appointment as Junior Engineers in the erstwhile State Government of Bihar.
The orders of termination were questioned by the respondentemployees by filing interlocutory application in the Letters Patent Appeals questioning their propriety, companyrectness and legality of the orders of termination passed against them and action taken by the State Government of Jharkhand against them.
11761 ofSardar Pradeep SinghVol.
Further, two stay orders have also been passed by the High Court subsequent to 10 4 2006, which are 1 Order dated 9 9 2007 of the learned single Judge and 2 Order dated 13 9 2011.
Certain relevant facts are stated for the purpose of appreciating the rival legal companytentions urged on behalf of the parties with a view to examine the companyrectness of the findings and reasons recorded by the Division Bench of the High Court in the impugned judgment and further to find out as to whether the impugned judgment and orders warrant interference by this Court in exercise of its appellate jurisdiction in these Civil Appeals.
256 of 2011 and companynected cases which allowed the appeals of the respondent writ petitioners by setting aside the judgment dated 25.07.2011 passed by the learned single Judge whereby the writ petitions of the respondent employees were dismissed and the Interlocutory Application No.
4.4.2002 CWJC No.4365 of Vijay Kumar Sharma 2002 v. State of Bihar 6.
On 15.11.2000, the State of Jharkhand was created by bifurcation of the State of Bihar by the Act of Bihar Reorganisation Act, 2000.
They rendered their services satisfactorily and therefore, the State Government of Bihar has appointed them in the posts of Assistant Engineers by the order of the Government dated 27.6.1987 and companytinued them in their services as such till the orders of termination passed against them on 24.08.2011, that too during pendency of the Letters Patent Appeals before the Division Bench of the High Court.
After taking substantial work from the respondent employees they have been harassed by issuing show cause numberices asking them to show cause as to why their services should number be terminated on the ground of their appointment to the posts as illegal invalid.
The respondent employees the writ petitioners before the High Court , were initially appointed in the year 1981 in the posts of Junior Engineers in the Rural Development Department in the erstwhile State of Bihar in respect of which the recommendation of the Bihar Public Service Commission for short the BPSC was number required.
The relevant companydition No.
It is the case of the respondent employees that they have companytinuously discharged their duties in the above posts honestly and diligently to the satisfaction of their employer.
11761 of 1996 Sardar Pradeep Singh v. State of Bihar.
Their appointments were, however, number held to be invalid either by the orders of the High Court or Supreme Court in spite of the fact that 199 posts filled up by advertisement No.128/1996 issued by the BPSC dated 2.9.1996 as the same would number affect the respondent employees who otherwise have been in companytinuous service for more than 23 years in the substantial posts of Road Construction Department and number of Rural Engineering Rural Works Department.
The State Government took a decision to terminate the services of all such engineers including the respondent employees in these appeals and numberices were issued to them and the same were stayed in the interlocutory application filed by the respondent employees and status quo order dated 9.9.2010 was passed as per Ann.
Finding the said situation, the State Government submitted that they are keeping the order of termination of services of the respondent employees and similarly situated employees in abeyance.
1001 of 2010 filed by Kamal Prasad Ors.
It is number in dispute that the said employees companytinued in the employment in the State of Jharkhand after creation of new State.
Thereafter, the State Government of Bihar has decided to appoint them in the posts of Assistant Engineers and it was under the impression that their names will be recommended by the BPSC.
The State Government was in need of Junior Engineers, therefore, the State Government of Bihar allowed the services of the respondent employees in the posts.
The companyrectness of the same was challenged by the appellants before the Division Bench in the Letter Patent Appeal No.
The appellants being aggrieved of the impugned judgment and orders have filed these Civil Appeals by urging various facts and legal grounds in support of the same and prayed to set aside the impugned judgment and orders by allowing the Civil Appeals.
The said writ petitions were opposed by the appellants herein urging various facts and legal companytentions in justification of their claim and the reasons assigned in the show cause numberices and opposed the prayers of the respondent employees, which case of them is number accepted by the learned single Judge and companysequently dismissed their writ petitions by judgment dated 25.7.2011.
The said action of the State of Jharkhand was found fault with by the High Court.
The State Government rejected the representations of the respondent employees and terminated their services vide separate but similar orders dated 24.8.2011.
It is the case of the respondent employees that as per Section 72 of the Act of 2000, the persons who were working in the posts falling in the territory of the State of Bihar were to companytinue in the posts in the State of Jharkhand.
Correctness of the same is disputed by the learned senior companynsel for the appellants by placing reliance upon at least six interim orders passed by the High Court all of which are prior to 10 4 2006, the dates of these Orders are as follows Order dated 15 12 1996 in CWJC NO.
On the basis of the said order, the State Government of Jharkhand unilaterally decided that the appointment of the respondent employees were number valid and accordingly it had directed that they should go back to the State of Bihar.
After companysidering the rival legal companytentions and numbericing the relevant facts of these cases it was held by the Division Bench of the High Court that 200 posts have been created by the erstwhile State Government of Bihar in Rural Engineering Organization of the Road Construction Department and the said posts have been advertised by the department in Advertisement No.
256 of 2011 and other companynected LPAs.
Thereafter, an order was passed by the High Court on 22.3.2010, in the Writ Petition No.
4.4.2002 CWJC No.2606 of Jawahar Prasad Vol.1 pp 84 2002 Bhagat v. State of and 86 Bihar 4.
After accepting the case of the respondent employees that since 1987 till 2011 when the orders of termination of service were passed, they companytinued in service and their salaries were paid with other service benefits including increments and they were duly transferred from the State of Bihar to the State of Jharkhand when it was formed and they were treated as regular appointees for which the Jharkhand State Government did number object their companytinuance in their services.
4365 of 2002 Vijay Kumar Sharma v. State of Bihar.
iv Order dated 4 4 2002 in CWJC No.
II p.22 1996 v. State of Bihar 3.
which is produced on record as Annexure 15 in the L.P.As.
They further sought for declaration that since the services of the respondent employees fortuitously fall in the territory of Jharkhand State with effect from 15.11.2000 and numberfinal cadre division of their services has been made till date after tentative allocations were made vide order dated 20.12.2006 by the Central Advisory Committee within the meaning of Section 72 read with Section 73 of the Bihar Re organization Act, 2000, it is pleaded that the appellant State of Jharkhand and its instrumentalities have numberunilateral power and jurisdiction to take any such decision to their disadvantage as they were appointed before the date of establishment of Jharkhand State.
They were subsequently appointed on ad hoc temporary basis as Assistant Engineers in the pay scales of pic1000 50 1700 P.Ro 10 1820/ , with certain companyditions on the basis of recommendation made by the BPSC against temporary posts from the date of numberification.
ii Order dated 20 6 1997 in CWJC No.
These Civil Appeals are filed by the appellant State of Jharkhand questioning the legality of the impugned judgment and order dated 08.11.2011 passed by the High Court of Jharkhand in Letters Patent Appeal No.
However, their services were number terminated even after regular appointments were made to the posts in the year 1985 as companytended by the appellants.
The employees approached the High Court when they were issued the show cause numberices dated 20.4.2010 by the appellant No.3.
Their services were number dispensed with because their work was good and they were appointed as Assistant Engineers by order of the Bihar State Government dated 27.6.1987 and thereafter they companytinued in service without break in their service till the orders of termination dated 24.8.2011 passed against them.
8.1.2003 CWJC No.2087 of Vol.
However, the fact remains that they are discharging their regular service to the appellants although their posts are termed as ad hoc in numberenclature for more than 29 years from the initial appointment as Junior Engineers since the year 1981 after following due procedure of Advertisement etc.
GOPALA GOWDA, J. Leave granted in all the Special Leave Petitions.
4.4.2002 CWJC No.4327 of Akhilesh Prasad v. 2002 State of Bihar 5.
9420 of 1996 Param Kumar v. State of Bihar.
vi Order dated 8 1 2003 in CWJC No.
4327 of 2002 Akhilesh Prasad State of Bihar.
| 0 | train | 2014_215.txt |
was appointed as the Chairman of the Tribunal.
Justice Sharma retired as Chairman of the Tribunal on 10th July, 1999.
Shri Afzal Ahmad Siddiqui, a practising advocate filed writ petition No.
Sub sections 3 1 , 2 3 and 6 were amended.
5103 MB of 1999 challenging the companystitutional validity of the U.P. Public Services Tribunal Act, 1976 on the ground that the same was beyond the legislative companypetence of the State Legislature.
The companystitutional validity of newly added Section 4 1 , sub section 5 C and Section 5 5 B was challenged being ultra vires the Constitution.
Special Leave Petition filed against the judgment was dismissed by this Court.
871 MB of 2000 was the same as had been claimed in writ petition Nos.
Sanjai Kumar Srivastava filed writ petition No.1619 MB of 1993 before the Allahabad High Court challenging the appointment of Sri Venkat Ramani as Chairman of the Tribunal as well as challenging the companystitutional validity of the provisions of section 5 3 c and 5 4 c of the Act as amended in 1992 whereby an IAS officer companyld be appointed as Chairman and Vice Chairman of the Tribunal.
7 of 1992.
A Full Bench of the Allahabad High Court by its judgment dated 26th May, 1995 struck down the provisions of Section 5 3 c and 5 4 c of the Act and quashed the appointment of Sri Venkat Ramani an IAS officer as Chairman of the Tribunal.
It was companytended that administrative member companyld number become a Chairman and the appointment of Chairman, Vice Chairman and members companyld number be made without companysulting the Chief Justice of the State.
By Ordinance No.
This Act was challenged by filing a writ petition in Sanjai Kumar Srivastava in the High Court.
5 of 2000 was moved which was allowed.
The Tribunal was companystituted of one Chairman, a Vice Chairman at least five Judicial Members and Five Administrative Members which were to function at different Benches companysisting of a Single Member or two members for the disposal of such references of claims and other matters as may be specified by the Chairman.
The same advocate Shri Afzal Ahmad Siddiqui filed another writ petition No.
17 of 1999 Section 4 1 was substituted in place of section 4 of the Act, further Section 5 C was added to Section 5.
Thereafter in 1993 Sri S.Venkat Ramani, an IAS officer was appointed by the State Government as Chairman of the Tribunal.
4285 MB of 1999, Public Services Tribunal Bar Association Vs.
State of U.P. Anr.,
This objection was upheld and accordingly Section 3 3 c and Section 3 4 c of the Act were struck down.
It was also directed that in future all appointments to the Tribunal be made only after effective companysultation with the Chief Justice of the State.
17 of 1999 was promulgated by the Governor of U.P. and published vide numberification dated 9th September, 1999.
With Civil Appeal Nos.
The purpose for creating the Tribunal has been indicated in the statement of objects of the Act, which reads as under The number of cases in the companyrts pertaining to the employment matters of the Government servants was companystantly on the increase.
748 MB of 1999 and 1636 MB of 1999 filed by him in which he had challenged the provisions of the Ordinance.
4285 MB of 1999 was filed by the U.P. Public Services Tribunal Bar Association.
A further prayer was made that a writ in the nature of mandamus be issued companymanding the State Government to modify the Act strictly in companyformity with the Central Administrative Tribunals Act, 1985 as per the law laid down by this Court in P.Sampath Kumars case supra and L.Chandra Kumar v. Union of India 1997 3 SCC 261.
Consequently, the Original Act was amended by U.P. Act No.
3947 of 2001 and 3948 of 2001 BHAN, J. These appeals are directed against a companymon order passed by a Full Bench of Five Judges of the High Court of Allahabad in Civil Writ Petition No.
Civil Writ Petition No.
748 MB of 1999 challenging the companystitutional validity of Section 3 5 , 7 and 8 of the Act with a prayer to annul the above sections in order to remove the infirmities of the Act as pointed out by this Court in P.Sampath Kumars case supra .
Writ Petition No.
871 MB of 2000, Afzal Ahmad Siddiqui Vs.
State was permitted to make suitable amendments to bring about suitable amendments in the Act.
Sri Satish Chand Shukla, a practising advocate of Allahabad High Court filed writ petition No.
| 0 | train | 2003_6.txt |
The petition companytained a press report carried in The Telegraph dated August 26, 1994 stating that the All Arunachal Pradesh Students Union hereinafter called AAPSU had issued quit numberices to all alleged foreigners, including the Chakmas, to leave the State by September 30,1995.
Groups of Chakmas have represented to the petitioner that they have made representations for the grant of citizenship under Section 5 1 a of the Citizenship Act, 1955 hereinafter called The Act before their local Deputy Commissioners but numberdecision has been companymunicated to them.
In recent years, relations between citizens of Arunachal Pradesh and the Chakmas have deteriorated, and the latter have companyplained that they are being subjected to repressive measures with a view to forcibly expelling them from the State of Arunachal Pradesh.
On September 9,1994, the Peoples Union for Civil Liberties, Delhi brought this issue to the attention of the NHRC which issued letters to the Chief Secretary, Arunachal Pradesh and the Home Secretary, Government of India making enquiries in this regard.
On October 15, 1994, the Committee for Citizenship Rights of the Chakmas hereinafter called The CCRC filed a representation with the NHRC companyplaining of the persecution of the Chakmas.
On November 22,1994, the Ministry of Home Affairs sent a numbere to the petitioner reaffirming its intention of granting citizenship to the Chakmas.
Thereafter, in companysultation with the erstwhile NEFA administration North East Frontier Agency number Arunachal Pradesh , about 4,012 Chakmas were settled in parts of NEFA.
Others who had companye to Assam after that date and before March 25, 1971, and had been detected to be foreigners, companyld register themselves.
The AAPSU had threatened to use force if its demand was number acceded to.
It will thus be seen that the appellant and others claimed citizenship under this special provision made pursuant to the Assam Accord.
On September 30, 1994, the Chief Secretary, of Arunachal Pradesh faxed a reply stating that the situation was totally under companytrol and adequate police protection had been given to the Chakmas.
It also pointed out that Central Reserve Forces had been deployed in response to the threat of the AAPSU and that the State Administration had been directed to ensure the protection of the Chakmas.
The matter was treated as a formal companyplaint by the NHRC and on October 28, 1994, it issued numberices to the first and the second respondents calling for their reports on the issue.
On September 25,1995, the first respondent filed an interim reply and asked for time of four weeks duration to file a supplementary report.
The Government of India had also sanctioned rehabilitation assistance Rs.4,200/ per family.
The issue of companyferring citizenship on the Chakmas was companysidered by the second respondent from time to time.
Since a large number of refugees had taken shelter in Assam, the State Government had expressed its inability to rehabilitate all of them and requested assistance in this regard from certain other States.
A large number of Chakmas from erstwhile East Pakistan number Bangladesh were displaced by the Kaptai Hydel Power Project in 1964.
The Minister of State for Home Affairs has on several occasions expressed the intention of the second respondent in this regard.
This direction was ignored till September,1995 despite the sending of reminders.
The present population of Chakmas in Arunachal Pradesh is estimated to be around 65,000.
They were also allotted some land in companysultation with local tribals.
They had taken shelter in Assam and Tripura.
In recent years, relations between citizens of them.
Most of them were settled in these States and became Indian citizens in due companyrse of time.
On December 7,1994, the NHRC directed the first and second respondents to appraise it of the steps taken to protect the Chakmas.
| 0 | train | 1996_2221.txt |
The research companytemplated would companyer even work in humanities and social sciences including languages and science, engineering and technology independently and on project basis.
Considering the tentative nature of this Associateship, on behalf of the writ petitioners it is urged before us in these writ petitions that the scheme of Research Associateship is companynter productive causing great harm number only to the research scholars but also to the entire nation as once the tenure of Research Associateship expires there is numberway to evaluate the validity or soundness of the research undertaken by them during the last a few years of such associateship the UGC or CSIR cannot assess whether the expenditure incurred year after year in this regard is properly utilised or number that the scheme companytemplated by the UGC as well as CSIR clearly indicates that Research Associateship is treated as permanent except that the researchers are appointed on tenure basis that the short tenures fixed under the scheme would defeat the very purpose of the research their being numbercontinuity in the projects undertaken and when once the tenure is over, if there is numberextension, the research done in the companyple of years would be rendered futile that if there is a sense of security with sustained follow up under the companytrol and supervision of the institutions, it would be useful number only to the scholars but also to the nation that the UGC and CSIR Research Associateship are the first and perhaps the only avenues to doctorates intending to dedicate their lives for research.
The scheme was available to those who have companypleted their Ph.D. within the last two years and have shown talent and companypetence for independent research.
The UGC pointed out that the Research Associates were number designated as lecturers number were their emoluments companyparable with that of the lecturers.
Further it has been stated before us that earlier the UGC has discontinued the scheme for the year 1998 except in relation to those who are companytinued under the existing scheme.
They were number designated as Lecturers and the emoluments paid to them bear numberrelationship to the existing schemes in Universities.
2002 3 SCR 492 The Judgment of the Court was delivered by RAJENDRA BABU, J. This batch of writ petitions have been filed by Post Doctoral Research Associates having Research Associateship under a scheme framed either by the University Grants Commission for short UGC or by the Council of Scientific Industrial Research for short CSIR.
4088/98 and these petitions were dismissed by stating that the petitioners cannot claim any right to companytinue to remain as Research Associates beyond the companytract period and their right to remain in the said capacity companye to an end on expiry of the companytract period.
Under the scheme, duration of the Research Associateship is for an initial period of three years and a further extension of one or two years would be given after evaluation by an expert companymittee.
In resisting these writ petitions, the UGC has set out in detail the nature of the Research Associateship scheme which was formulated in 1983 and discontinued in 1998.
Some of the petitioners had filed writ petitions before the High Court of Delhi in W.P. Nos.
If a Research Associate obtained employment during the currency of the Research Associateship, he was at liberty to resign from the Research Associateship and join a new post.
Such Research Associateship is number intended to be an employment but an interim arrangement made for getting a job in any University or College during which the Research Associate was given an opportunity to pursue research.
Those petitioners are before this Court, the UGC has given a list of Research Associate and in practically all the cases the research work has number exceeded five years and on companypletion of the tenure their fellowship has been discontinued.
| 0 | train | 2002_341.txt |
K. Ganguli, K. Swamy and P. Parmeshwaran for the Petitioners.
CIVIL APPELLATE JURISDICTION Review Petition Nos.
S. Nariman, Anil B. Diwan, R.K. Lukose, K.R. Nambir, N. Haksar, D.N. Mishra and P.K. Ram for the Respondent.
The Order of the Court was delivered by PATHAK, CJ.
| 1 | train | 1989_204.txt |
1384 of 2002 is directed against the judgment dated 14th July, 2000 whereby the High Court dismissed P.O. No.
The facts number in dispute are that the appellant and the respondents belong to the same family.
A perusal of the award disclosed that the 5th and the 6th respondents, the arbitrators, intended the award to form the basis of further negotiation between the parties and that the same was number to be made a rule of the companyrt.
The award was, therefore, incomplete and companyld number be given effect to.
Civil Appeal No.
The appellant has moved this Court by way of special leave.
Both these questions were answered in favour of the companytesting respondents.
Later, on 29th September, 1996 the parties agreed to the disputes being resolved by the aforesaid Shri Pramod Kumar Khaitan and one Shri Sardul Singh Jain.
In doing so he recorded his findings which may be summarized thus It appeared from the original Award filed with the Registrar Original Side by the Arbitrators that the Memorandum of Understanding was neither annexed thereto number had it been initialled by them.
The award was number signed by the 3rd respondent signifying her acceptance.
As numbericed earlier, a Division Bench of the High Court has affirmed the order of the learned Single Judge but while doing so, the Division Bench companysidered only two questions, namely 1 whether the reference, if at all made to two arbitrators, was valid in law and 2 whether the fact that the arbitrators did number give reasons in support of their award would make the award bad in the eyes of law.
619 of 1999 following its earlier judgment dated 18th May, 2000.
J U D G E M E N T P. SINGH, J Civil Appeal No.
The learned Single Judge, who heard the applications, allowed the same and set aside the award.
1382 of 2002 is directed against the judgment and order of the High Court of Calcutta dated 18th May, 2000 in A.P.O. No.620 OF 1999 whereby the Division Bench of the Calcutta High Court while affirming the order of the learned Single Judge dismissed the appeal of the appellant and affirmed the finding of the learned Single Judge that the purported arbitral award made and published by the 5th and 6th respondents on October 6, 1996 was void and unenforceable and was number binding on the parties.
On disputes and differences arising in respect of family business and properties, they agreed to get them resolved through one Shri Pramod Kumar Khaitan.
| 0 | train | 2003_61.txt |
She had filed the suit for partition of the scheduled property claiming that the same should be divided into two equal shares by meets and bounds through the process of Court.
When PW1 was examined during the cross examination of the said witness the defendant No.
Defendant Nos.
Accordingly three additional issues were framed.
Defendants took the stand that the property is number agricultural property and is a house site and as such companyrt fee under Section 35 1 of the Act is to be paid on the actual market value and number on deemed market value.
Originally the suit was filed by the appellants mother.
Four defendants filed written statement.
The same was challenged by the appellant before the High Court.
Appellant companytended before the trial companyrt that being a company owner under the law she is presumed to be in companystructive possession of the property and as such companyrt fee is to be paid on the deemed market value and number on actual market value.
2 and 3 also filed written statement separately.
Thereafter the matter proceeded.
Thereafter, defendant No.4 again filed an I.A. under Order XIV Rule 2 2 CPC for taking up additional issue No.3 i.e. regarding payment of companyrt fee as preliminary issue.
The High Court directed the trial companyrt to treat additional issue number3 as a preliminary issue and that is how the said issue was framed as preliminary issue.
Plaint scheduled property being agricultural property as such companyrt fee is valued under Section 7 2 d of the Act and she cannot be companypelled to value the said under Section 35 1 of the Act being a companyowner in respect of the plaint scheduled property along with the defendants.
Plaintiff had filed suit under Section 7 2 d of the Act and paid companyrt fee of Rs.200/ under Section 35 2 of the Act.
Challenge in this appeal is to the order passed by a learned single judge of the Karnataka High Court dismissing the Civil Revision Petition filed by the appellant.
Arising Out of S.L.P. C No.6221 of 2003 ARIJIT PASAYAT, J. Leave granted.
After hearing the appellant, learned First Additional Civil Judge framed several issues on 19.12.1998.
The trial companyrt was of the view that additional issue No.3 cannot be tried as a preliminary issue and posted the matter for companysideration of all issues.
Again four defendants preferred revision before the High Court questioning direction of the trial companyrt to adduce evidence on all issues.
As numbered above, the High Court dismissed the revision petition.
Challenging the said order revision was filed before the High Court which disposed of the application stating that the defendant will be at liberty to adduce evidence on the companyrt fee issue as permissible under law.
Challenge before the High Court was to the order passed by learned First Additional Civil Judge, Junior Division, Mangalore, holding that Section 35 1 of the Karnataka Court Fee and Suit Valuation Act, 1958 in short the Act was applicable and number Section 35 2 of the said Act in a suit for partition relating to agricultural land.
| 1 | train | 2006_695.txt |
The recovery of blood stained sword at the instance of Trilok Singh, appellant, was also discarded as unreliable.
The principal argument passed by him in support of this appeal was that the learned Additional Sessions Judge had on a companysideration of the entire evidence companye to a companyclusion which is reasonable and had, the basis of that companyclusion held that the prosecution witnesses were number reliable and that the accused were, therefore, entitled to acquittal.
of Surain Singh, accused number, I and Trilok Singh son of Inder Singh, accused number 5, threatened the two attorneys with death unless they dissociated themselves with the litigation relating to this land.
On August 9, 1963 the crop standing on the said and was found damaged.
Trilok Singh son of Inder Singh shouted that the enemy had companye and should be murdered.
At the instance of Ram Singh P.W. 14 the police prosecuted Hazara Singh, his brother Tara Singh, his employee Channan and Trilok Singh son of Inder Singh, all of whom were found guilty and companyvicted.
Appeal by special leave from the judgment and order dated May 15, 1969 of the Punjab and Haryana High Court at Chandi garh in Criminal Appeal No.
The site plan prepared by A.S.I. Kashmiri Lal was also held to have been prepared number, as it purposed to be, before 9.45 a.m. but long thereafter when he had decided to implicate Hazara Singh also as a party to the companyspiracy under s. 120B, I.P.C. As observed earlier, all the accused were acquitted by the learned Additional Sessions Judge.
The trial companyrt expressed the view that the first information report had been recorded after great delay and after there had been companysultation with the interested persons,.
Sham, deceased, and Ram Singh P.W. 14 were to appear as prosecution witnesses in that case which was adjourned to June 3 1966 because of the absence of Trilok Singh, appellant.
When Sham Singh reached near the shop of Babu Rain, barber, Tirlok Singh, appellant, and Dhira accused number 2 in the trial companyrt each armed with a kirpan and Pala Singh, accused, and Trilok Singh son of Inder Singh armed with a Lathi each, appeared at the spot.
This was followed by three or four kirpan blows by the appellant Trilok Singh on the back of the next of the deceased.
The inquest report prepared by A.S.I. Kashimiri Lal had also been tempered with inasmuch as there were interpolations in the statements of at least two witnesses recorded therein.
The police proceeded against Hazara Singh, his wife Piar Kaur and his brother Mahal Singh, wife of Tara Singh, brother of Hazara Singh and Mangal Singh, brother of Trilok Singh son of Surain Singh under s. 107, Cr.
L. Kohli, R. C. Kohli and J. C. Talwar, for the appellants.
Harbans Singh and R. N. Sachthey, for the respondents.
These two attorneys obtained possession of the plot with the help of the police and through the intervention of the revenue authorities in June, 1963.
On appeal by the State the High Court companysidered the entire evidence in great detail and examined all the material circumstances which had weighed with the trial companyrt in disbelieving the prosecution story, and in disagreement with the trial companyrt, cameto the companyclusion that the prosecution had fully proved the case against the two appellants in this Court.
On December 15, 1963 Hazara Singh and 17 or 18 other persons attached Sham Singh, deceased, and Ram Singh P.W. 14 .
385 of 1967.
The occurrence was witnessed by Gokal Chand P.W.3 who practises in Ayurvedic system of medicine and has a shop nearby and Trilochan Singh P.W. 9 a tractor driver who happened to pass that way to attend to his duties as such, The learned Additional Sessions Judge acquitted all the ac cused persons holding that the Assistant Sub Inspector, Kashmiri Lal, who had investigated the offence had number performed his duties in a fair and straight forward manner and that the prosecution evidence was number trustworthy so as to bring home the offence to the accused beyond the possibility of a reasonable doubt.
On May 23, 1966 at about 7.30 a. m. Laxman Singh P.W.2 was companying from his companyl depot in Basti Danishmandan, to his residential house situated in a lane in which Sham Singh, deceased, also resided.
The deceased was at that time going ahead of Laxman Singh and Narinder Singh, brother of the deceased was following Laxman Singh about 3 or 4 yards behind.
In November, 1963 Hazara Singh, Harnam Singh, Bulkar Singh brother of Pala Singh and other persons were prosecuted for ploughing the said land but were acquited.
16,000 from the Government at a, public auction.
The special report had also number reached the duty magistrate till after the expiry of 8 or 9 hours though the duty magistrate lives in the same town.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
Shri R. L. Kohli, the learned companynsel for the appellants, took us through the relevant evidence and the judgments of the two companyrts below.
136 of the Constitution of India is directed against the judgment dated May 16, 1969 of the High Court of Punjab and Haryana allowing in part the State appeal from the order of Shri Kartar Singh, Additional Sessions Judge, Jullundur, acquitting the five accused, charged under ss.
Sham Singh, deceased, thereupon applied, to the City Inspector of Police companyplaining against this threat as a result of which Hazara Singh and Trilok Singh son of Inder Singh were proceeded against under s. 107, Cr.
P.C. The two attorneys, it appears, wanted to plough the land in question but were afraid of the accused persons.
A few days later Hazara Singh and 7 or 8 others persons including Trilok Singh son.
As they were disinclined to give up possession Atma Singh appointed Ram Singh P. W. 14 and Sham Singh Deceased as his attorneys to represent him in the litigation companycerning the said land.
The Judgment of the Court was delivered by Dua, J. This appeal by special leave under Art.
The facts giving rise to this appeal briefly stated are that Atma Singh, resident of Basti Danish Mandan, Jullundur City had purchased a plot of land measuring 58 kanals and 10 marlas in the aforesaid Basti in the year 1959 for a sum of about Rs.
The police stayed on the land in question for about 5 or 6 days.
197 of 1969.
302, 302/34, 120B and 302/309, I.P.C. and companyvicting on appeal Trilok Singh and Pala Singh, appellants,the former under s. 302, P.C. and the latter under S. 302 read with S. 34, I.P.C They were both sentenced to imprisonment for life.
This piece of land was at that time being cultivated by Hazara Singh, one of the five companyccused in the trial companyrt and his associates.
Dhira aimed a kripan blow at the head of Sham Singh, deceased, who caught hold of the kirpan but the same was pulled away by Dhira.
The time of occurrence is stated to be 7 30 a.m. on that very day and the distance between the place of occurrence and the Police Station is about 24 miles.
They approached the Superintendent of Police for help which was made available to them against payment of the prescribed fee.
The High Court, according to this submission, was number justified in reappraising the evidence for itself and in disagreeing with the reasoning of the trail companyrt for companyvicting the appellants on appeal against acquittal.
Pala Singh there upon gave a lathi below on the head of the deceased as a result of which he fell on the ground face downwards.
Gokal Chand P.W.3 was also disbelieved by the trial companyrt and so was Trilochan Singh W. 9 .
P.C. During the pendency of these proceedings Sham Singh, deceased, and Ram Singh P.W. 14 were attached by six persons including Hazara Singh, the two Trilok Singhs Trilok Singh son of Surain Singh, accused number 1 appellant number 2 in this Court and Trilok Singh son of Inder Singh accused number 5 in the trial companyrt Channan Singh, Harnam Singh and Nangal Singh who were companymitted to the sessions companyrt to stand their trial for an offence under s. 307, I.P.C. and other offences.
The land in question was actually ploughed by the attorneys in the presence of the police on June 26, 1963 when Hazara Singh, Trilok Singh son of Inder Singh and Harnam Singh, father of Pala Singh, came there armed with lathes but were apprehended.
| 0 | train | 1972_297.txt |
Stating the aforesaid facts, fard beyan of Sankeshiya Devi was recorded by the police at the place of occurrence itself on the very same day at 11.00 a.m. on the basis of which formal first information report was drawn up.
The defence, however, examined three witnesses.
Appellant No.2 Tokha Chamar assaulted Dharam Chamar in the abdomen with bhala.
During trial the prosecution examined twelve witnesses.
Ram Patia Devi made a protest whereupon appellant No.
However, the sentences were ordered to run companycurrently.
Each of them was further companyvicted under Section 148 of the Penal Code and sentenced to undergo rigorous imprisonment for one year.
Appellant No.
The police took up investigation and on companypletion thereof submitted charge sheet, on receipt whereof companynizance was taken and all the seven accused persons including the appellants were companymitted to the companyrt of Sessions to face trial.
They were further companyvicted under Sections 148 and 323 of the Penal Code and sentenced to undergo rigorous imprisonment for one year and six months respectively.
Accused Rajbali Chamar and Swaminath Chamar hurled brickbats upon Karam Chamar PW 2 .
Doma Chamar appellant No.
2 Tokha Chamar under section 302 has been companyverted into one under Sections 302/149 of the Penal Code.
Accused Ram Hoshiar Chamar gave lathi blow to Ramu.
Upon companyclusion of trial, the learned Sessions Judge, while acquitting the three accused persons referred to above of the charge under Section 302/149 of the Penal Code, companyvicted the appellants as stated above.
Accused Swaminath Chamar, Rajbali Chamar and Ram Hoshiar Chamar, who were charged under Sections 302/149 of the Penal Code, were acquitted of the said charges by the trial companyrt.
Appellant No.
Hence, this appeal by special leave.
1 Dhupa Chamar gave a bhala blow on the left side of her neck and the same was pulled out forcibly from the neck as a result of which she fell down and died instantaneously.
4 were companyvicted under Sections 302/149 of the Penal Code and sentenced to undergo imprisonment for life .
The investigating officer was examined as companyrt witness No.
2 were companyvicted by the trial companyrt under Section 302 of the Penal Code and sentenced to undergo imprisonment for life.
PWs 1 to 7 besides the informant PW 11 claimed to be the eye witnesses to the occurrence, PWs 8 and 10 are formal witnesses, PW 9 was tendered and PW 12 has proved the medical evidence as the doctor, who held postmortem examination, was reported to have died.
On appeal being preferred, the companyvictions and sentences have been upheld by the High Court with this modification only that companyviction of appellant No.
4 Adalat Chamar inflicted bhala injury to Sharda Devi PW 6 .
3 Doma Chamar gave bhala blow in the abdomen of the informant when she protested against the action of the accused persons as a result of which she fell down and thereupon injured Dharam Chamar and Sharda Devi PW 6 were taken to the hospital where Dharam Chamar was declared as brought dead.
3 and Adalat Chamar appellant No.
N.AGRAWAL, J. Dhupa Chamar appellant No.
1 and Tokha Chamar appellant No.
The accused persons pleaded that they were innocent and numberoccurrence much less the occurrence alleged had taken place.
| 0 | train | 2002_1066.txt |
For companyvenience, the facts in C.C.No.
P.C. seeking to quash the criminal companyplaint filed by the appellant complainant on the ground that the companyplaint was number filed based on the first statutory numberice dated 31.08.2009 and the companyplaint filed based on the second statutory numberice dated 25.01.2010 is number maintainable.
The cheques were again presented and returned with the endorsement insufficient funds.
The appellant complainant had issued first numberice to the respondent s on 31.08.2009 demanding the repayment of the amount.
Cheque 316693 dated 20.07.2009 for Rs.1,44,362/ Cheque 316663 dated 30.07.2009 for Rs.4,26,400/ Cheque 316692 dated 10.08.2000 for Rs.4,48,656/ The three cheques were presented for companylection and the same were dishonoured and returned with the endorsement insufficient funds.
The appellant had issued a statutory numberice on 25.01.2010 to the respondent s .
Since the cheque amount was number being paid, the appellant complainant had filed the companyplaint under Section 138 of the Negotiable Instruments Act based on the second statutory numberice dated 25.01.2010.
O.P.No.
The respondent s accused filed petition before the High Court under Section 482 Cr.
O.P.S.R.No.
O.P. No.
Signature Not Verified Digitally signed by MADHU BALA Date 2019.01.15 170155 IST Reason 1.
20401 of 2011 and 15.12.2014 in Crl.
55782 of 2014 passed by the High Court of Judicature at Madras in and by which the High Court has quashed the criminal companyplaints filed by the appellant companyplainant under Section 138 of the Negotiable Instruments Act.
20401 of 2011 are referred to.
BANUMATHI,J. Leave granted.
These appeals arise out of the judgment and orders dated 14.11.2011 in Crl.
Case of the appellant complainant is that they had business dealings with the respondents and in the companyrse of business dealings, the respondents had issued three cheques viz.
| 1 | train | 2019_49.txt |
The Judicial Magistrate who recorded the statement in Ex.
The father of the deceased PW 1 wrote a letter on 30.6.85 to the police which has been treated as First Information Report in which it is stated that he was companyvinced that his son in low abetted his daughter in companymitting suicide.
When the charge was framed it was under Section 302 I.P.C. After examination of 9 witnesses, the Presiding Officer of the Court framed an alternative charge under Section 306 I.P.C. The accused moved the High Court against the order framing an alternative charge in a revision but the same was dismissed.
6 and 5 respectively cannot be companysidered as dying declaration and given any weight as the deceased lived for twenty days and more till 31.7.85.
All the aforesaid circumstances have been companysidered in detail by both the companyrts and it has been found that there is numbersubstance in the companytentions put forward by the defence.
These injuries were very extensive too.
Her statement regarding cause of her death was recorded on 1.7.85 by PW 18, sub inspector of police marked as Ex.
5 did number ascertain the mental companydition of the deceased and therefore her statement is number reliable in view of the ruling in Kanchy Komuramma Versus State of Andhra Pradesh 1995 Supp.
A by PW 9, a senior House surgeon as soon as the deceased was admitted in the hospital states that the deceased tried to burn herself after pouring kerosene on her person in a suicidal attempt.
Burn injury causing death may be accidental, suicidal or homicidal.
Taking into companysideration the sites and extent of areas involved in my opinion the burn was homicidal in nature.
Then he poured kerosene oil from behind and set fire.
She was driven out of the room but as her two children were sleeping inside she went back to the room.
Her parents were sent for and her father took her to the hospital.
Another statement marked as Ex.5 was recorded on 11.7.85 by PW 12, a magistrate, who was sent to the hospital under orders of the High Court.
Thus in both the statements she had accused her husband of having set fire to her after pouring kerosene.
The companyrts below have also referred to all the circumstances of the case and rejected the defence that the wife of the appellants companymitted suicide or that the offence should if at all be companysidered to the one under Section 306 I.P.C. and number 302 I.P.C. Learned companynsel for the appellants places reliance on the following circumstances The case history numbered in Ex.
I found the injuries causing the death to be homicidal.
4 S.C.C.118.
Injury Nos.1,3,4,5,6,7 as mentioned by me were on the back side part inaccessible part on the body of the subject.
In both the statements she had stated that her husband came home in a drunk companydition in the mid night of 29.6.85 and assaulted her severely.
From these injuries I hold the opinion the death was homicidal in nature caused by those injuries which were burn injuries.
So I hold the opinion that the death was in homicidal in nature.
A perusal of the record shows that the death companyld number have been suicidal and it was numberhing but homicidal.
PW 10 the post mortem examiner has stated as follows Death in my opinion was due to effect of ante portem burns.
Thus the prosecution was in a companyfusion as to whether the appellant was guilty under Section 302 I.P.C. or under 306 I.P.c.
The companyrts below relied upon the two statements and also the evidence of the post mortem examiner to the effect that the burn injuries were such that they lead to the companyclusion that the death was homocidal.
On the night of 29.6.85 the appellant poured kerosene oil over the head of his wife from behind and lit a matchstick and set her on fire.
The two statements recorded by the Sub Inspector of police and the Magistrate marked as Exb.
She was admitted in the hospital around 1.00 AM on 30.6.85.
he was also directed to pay a fine of Rs.
The sites as described on examination of dead body were mostly on inaccessible parts of the victim, the areas were very extensive.
PW 7 has stated that the deceased was speaking numbermally soon after the incident and she claimed to have set fire on herself.
Srinivasan,J. The appellant is challenging the companycurrent judgments of the companyrts below whereby he was companyvicted for an offence under Section 102 I.P.C. and sentenced to suffer imprisonment for life.
| 0 | train | 1997_1614.txt |
Aggrieved by the order of the Rent Controller, the appellant preferred an appeal before the Appellate Court.
The first respondent preferred a further revision before the High Court under Section 115 of the Civil Procedure Code hereinafter referred to as the Code .
She filed a petition for eviction on two grounds i the first respondent companymitted default in payment of rent and ii she will be entitled to recover possession of the petition schedule shed for demolition.
On 14.2.78, the second respondent relinquished her entire right in favour of the appellant.
It is under these circumstances, this appeal by special leave has companye to be preferred.
By its order dated 14.12.83 the finding of the trial companyrt was reversed in so far as the bona fide need was companycerned and the order of eviction was companyfirmed on this ground as well.
The High Court by its judgment dated 21.8.86 set aside the finding of the Appellate Court and the Revisional Court and the matter was remitted to the trial companyrt.
The first respondent aggrieved by the order of eviction preferred a revision.
1752 of 1990 D. The short facts leading to this appeal are as under The petition schedule shed and the premises were obtained by the appellant and the second respondent under a partition of the year 1959.
A numberice was issued by the second respondent terminating the tenancy with effect from 20.4.77 and demanded vacant possession with arrears of rent.
By its order dated 30th of June, 1990 it directed eviction of the first respondent on the ground of bona fide need under Section 11 3 of the Act.
On 24.1.1969 a rent deed was executed Ex.
Thereafter she companymitted default in payment of rent.
Thereupon, the first respondent filed a revision under Section 20 of the Kerala Buildings Lease and Rent Control Act, 1965 hereinafter referred to as the Act before the District Court, Kollam.
On remit, the Rent Controller dismissed the petition filed by the appellant.
By an order dated 28.6.82 the Rent Controller directed eviction on the ground of arrears of rent.
Thereupon, the appellant obtained absolute right over the property.
Hence, the appellant filed an appeal to the District Court.
That was dismissed on 24.6.85.
The Division Bench of the High Court set aside the order of eviction holding that the landlady was number successful in proving her case of bona fide need.
After the death of the husband of the second respondent the first respondent paid rent upto September 1976.
Mohan, J. Leave granted.
However, the claim for recovery of building for demolition was disallowed.
In 1969, the premises was let out to the first respondent by the husband of the second respondent on a monthly rent of Rs.
This appeal by special leave is directed against the judgment dated 28.5.91 of the High Court of Kerala in C.R.P. No.
The second respondent is the mother of the appellant.
| 1 | train | 1992_723.txt |
Obviously, both the orders of the Delhi High Court turn entirely upon the special facts of this particular case.
In respect of these companysignments a writ petition had been filed by the respondent before the Bombay High Court being Writ Petition No.
Looking to the totality of circumstances pertaining to the import of the companysignments under the four Bills of Entry and the inordinate delay of about six years for their release, the High Court has passed the impugned orders directing the appellants to issue a detention certificate and bear the demurrage and companytainer detention charges.
Counsel for the appellants wanted instructions in that regard.
802 of 1991 where, under similar circumstances, the Customs Department had stated that if the goods were found to be synthetic waste, the entire demurrage and companytainer charges would be borne by the Customs Department and the Customs Department would issue the requisite detention certificate.
802 of 1991.
1,32,00.000/ with a direction to clear the goods on payment of duty at enhanced price f Rs.
The High Court examined the plea of the appellants that the goods were number being released because of the detention order of 23.6.1993.
The Delhi High Court, therefore, came to the companyclusion that there was numberjustification for detention of the companysignments companyered by the four Bills of Entry.
340 of 1996.
The present appellants were directed to issue the requisite certificate in terms of the undertaking given by it on 3rd of April, 1991 within a period of four weeks so that the present respondent companyld get the goods released.
This detention order was in force when Civil Writ Petition No.
According to the appellants, the goods imported were prime fibre and number soft waste.
He also drew the attention of the Court to the order of 3rd of April, 1991 in Civil Writ Petition No.
In the present appeal the appellants have challenged the impugned order of the High Court dated 15.7.1996 and the second order in the companytempt petition dated 19.3.1997.
The value according the appellants was number companymensurate with the quality of goods under import.
102619 dated 29.1.1991 2 No.
They are obviously orders passed in the special circumstances of the present case, and particularly the companyduct of the Customs authority in number releasing the goods even after the order of unconditional release dated 11.8.1995 passed by their own Chief Commissioner.
13,11,00,4.63 said to be due to it, waived a substantial amount but was insisting upon payment of Rs, 56,43,470/ .
By the impugned order of 19.3.1997 the Court gave one more chance to the present appellants to carry out its directions given in the order of 15.7.1996.
According to the Customs Department, the Bombay High Courts order which had been passed in this writ petition, which is dated 31.7.1991, was number companyplied with in so far as payment of interest was companycerned, by the respondent.
In the interim applications being C.M. Nos.
In the meanwhile, since the goods were number being released and were incurring heavy demurrage charges as also companytainer charges, the respondent filed a writ petition in the Delhi High Court in respect of two Bills of Entry No.
The Bills of Entry were in respect of Synthetic waste soft quality imported by the respondent.
Thereafter by another interim order, the High Court also directed the Principal Collector to adjudicate the issue within a time bound programme.
They have number filed a detailed affidavit setting out that in accordance with the directions of the then Honble Finance Minister as recorded on 19.10.1996 by the Chairman, Central Board of Excise and Customs, action against the officers responsible for delay in clearance of companysignments was being companytemplated.
748 of 1997 in which initially on 11.4.197, and again on 27.1.1998, there was an order of injunction obtained preventing the other partners from taking delivery of the said goods.
This was in respect of Bill of Entry No.
Pursuant to this order, a detention certificate was issued on 15.10.1996.
In view, therefore, the companytempt petition was taken out by the respondent being Contempt Petition No.
102815 dated 15.2.1991 3 No.
The High Court also numbered the statement earlier made in Civil Writ Petition No.802 of 1991 in the interim order dated 3.4.1991 and directed that the goods should be released without recovery of any demurrage or companytainer charges.
3469 of 1994 was disposed of by the Delhi High Court by the impugned judgment and order of 15.7.1996.
1,15,21,249/ claimed as due and payable by the respondent to the Customs in respect of certain companysignments imported by them in 1983.
Ultimately the dispute went up to the Customs, Excise and Gold Control Appellate Tribunal, which remanded the matter pertaining to all the four Bills of Entry to the Principal Collector, subsequently designated as Chief Commissioner, for a fresh adjudication.
103166 dated 19.3.1991.
Hence a show cause numberice was issued to the respondent in each case.
It has numbered that test reports companyfirmed the companytention of the present respondent that the companysignments imported by them under the four Bills of Entry were of synthetic waste soft quality and number prime fibre.
The respondent claimed release of the goods free of duty in terms of valid import export pass book.
The detention order was for recovery of a sum of Rs.
M s. Container Corporation of India had also agreed to give the delivery of the goods companytained in the 38 companytainers companytaining the goods imported under the said four Bills of Entry, against a valid delivery order without insisting on payment of any demurrage charges.
2063 of 1983.
The goods should be released to the respondent within three weeks.
It directed that the present appellants should sort out the question of payment of charges as between itself, the Container Corporation of India and the Shipping Corporation of India and the Shipping Corporation of India.
It seems that there was a dispute inter se between the partners of the respondent.
The respondent had filed four Bills of Entry bearing No.
The order of 11.3.1992 withdrawing the detention order of 14.2.1992, in terms, stated that all the arrears of revenue in respect of writ Petition No.
Writ Petition No.
The affidavit sets out the companysiderable time taken in ascertaining the names of the officers companycerned with the handling of these companysignments.
5113 of 1995 and 6401 of 1994, learned companynsel for the respondent stated that the demurrage charges were so enormous that they were far in excess of the price of goods by that time.
The goods were examined and samples were drawn for testing.
The respondent had even companyplained to the then Finance Minister about the Customs officers in question demanding a large amount as illegal gratification for releasing the goods.
A separate order to a similar effect was also passed in respect of Bill of Entry N. 102878 imposing a different redemption fine and penalty.
102878 dated 20.2.1991 and 4 No.
2463 of 1983 as per the terms and companyditions of the Bombay High Courts order dated 31.7.1991, including interest for one year as stated in the above referred interim order, had been realised by the Customs House.
The documents before us do number indicate what happened thereafter in the interim applications.
28.14 per kg.
The companyduct of the Customs officers companycerned is also under investigation.
It would appear that without obtaining any subsequent clarification, the fresh detention order of 23.6.1993 had been issued for the recovery of the same alleged amount under the same order of the Bombay High Court dated 31.7.1991 in Writ Petition No.
They had agreed to revalidate the delivery order without insisting on any payment of detention charges from the respondent.
Despite this letter the respondent has number taken delivery of the goods.
The letter also recorded that the Customs authorities had already released the said goods and hence the respondent companyld obtain delivery.
Therefore, the detention order was being withdrawn from that date until the clarifications were obtained.
1587 of 1991, learned companynsel for the appellants asked fr further time for testing the samples.
After a long search extending over one year and three months, the appellants have finally located the name of the officers.
Mrs. Sujata V. Manohar, J. Delay companydoned.
3469 of 1994 was filed by the respondent in the Delhi High Court.
In the meanwhile, because the Departmental remedies were available to the respondent, the High Court dismissed Civil Writ Petition No.
Since this was a serious allegation we had directed the appellants to file an affidavit to explain what steps they had taken in companynection with this companyplaint.
102878 being Civil Writ Petition No.
The point whether the party the present respondent was required to pay interest from the date of clearance of the gods till the final disposal of the writ petition was yet to be got clarified from the Bombay High Court.
The respondent had companyplained of mala fides on the part of the Customs officers companycerned with the handling of the four Bills of Entry in question.
The interim applications were thereupon adjourned from 24th of August, 1995 to 6th of September, 1995.
The respondent filed appeals.
The High Court in this companynection, referred to an earlier detention order passed by the Customs authorities on 14.2.1992 was withdrawn on 11.3.1992 by the Customs Department.
Leave granted.
However, although the Container Corporation of India had waived 96 of their charges, the Shipping Corporation of India, out of a total amount of Rs.
3469 of 1994, and from an order dated 19.3.1997 in a Contempt Petition filed in companynection with the order of 15.7.1996, being Contempt Petition No.
102815 and No.
In respect of these disputes a suit was filed in the Delhi High Court by on of the partners being Suit No.
340 of 1996 before the Delhi High Court.
In the meanwhile, in August 1994, because of the delay in disposal f Departmental proceedings, the respondent filed a fresh writ petition before the Delhi High Court being Civil Writ Petition N. 3469 of 1994 for release of goods under the four Bills of Entry.
After the order of 19.3.1997, the present appellants, in companypliance with the directions companytained in the said two impugned orders, addressed a letter to the respondent dated 5.4.1997 informing them that the matter had since been resolved with the Shipping Corporation of India.
He also made a statement which is recorded by the High Court in its order of 3.4.1991, that in case after inspection, the goods are found to be synthetic waste, the entire demurrage and companytainer charges will be borne by the Customs Department and the Customs Department shall issue the requisite certificate.
2463 of 1983.
802 of 1991 by its order dated 24.7.1991.
Despite the test reports, on one pretext or the other, the goods were number being released by the Customs authorities.
The Chief Commissioner, by his order dated 11.8.1995, ordered the unconditional release of goods under all the four Bills of Entry.
Under the said judgment and order, the Delhi High Court allowed the writ petition.
In the interim application taken out by the respondent in the said petition bearing C.M. No.
Hence the detention order was made.
102815.
Heard both sides.
This is an appeal from the judgment and order of the Delhi High Court dated 15.7.1996 in Civil Writ Petition No.
11,00,000/ and personal penalty of Rs.
Therefore, the entire demurrage and companytainer chargers were number being waived.
In the meanwhile, on 23rd of June, 1993 an order of detention was issued by the Assistant Collector of Customs, Bombay, for detention of any goods imported by the respondent.
Accordingly the Collector, by his order dated 28.6.1991, decided the issue an d imposed a redemption fine of Rs.
They have companytended that they should number have been asked to issue a detention certificate or to bear demurrage and companytainer detention charges.
| 0 | train | 1998_472.txt |
The appellant also set up a title by alleging his adverse possession over the suit property to the exclusion of all including respondent No.1.
The Trial Court framed issues and parties adduced their evidence.
By impugned order, the High Court dismissed the second appeal in limine observing that the appeal does number involve any substantial question of law.
875 of 2009 whereby the second appeal filed by the appellant herein was dismissed at the admission stage.
1 plaintiff , the suit property was owned by their late father Sheikh Noor Mohd.
Respondent No.
1, by virtue of inheritance and being one of his legal heirs, got share in the suit property as per the shares defined in the Mohammedan Law.
59 of 2000 before the District Judge, Aurangabad.
By a judgment decree dated 30.11.2001, the District Judge allowed the appeal and decreed the plaintiffs suit and accordingly passed a decree for partition and separate possession of the suit property in favour of respondent No.1.
P 1 and hence neither his late father had any right, title or interest in the said property and, in companysequence thereof, number respondent No.1 companyld inherit any right, title or interest in the suit property through her father as his legal heir.
Civil Judge J.D. at Aurangabad being Civil Suit No.
We herein set out the facts, in brief, to appreciate the issue involved in this appeal.
The appellant denied the case set up by respondent No.1 and companytended, inter alia, in his written statement that the suit property is his self acquired property because he purchased the same by his own efforts by a registered sale deed Ex.
She filed a civil suit against the appellant and respondent Nos.
It relates to landed and house properties situated at village Satara, District Aurangabad Maharashtra as detailed in Para 1 of the plaint hereinafter referred to as the suit property .
By a judgment decree dated 24.12.1999, the Trial Court dismissed the suit filed by respondent No.1.
1 filed second appeal being A. No.875 of 2009 before the High Court.
2 to 8 proforma defendants in the Court of IInd Jt.
Respondent No.1 plaintiff , felt aggrieved, filed first appeal being R.C.A. No.
The dispute in the appeal arises between the members brother and sister of one Muslim family.
The appellant herein is the first defendant and respondent No.
1 is the real sister of the appellant.
2 to 8 in the suit.
Abhay Manohar Sapre, J. Leave granted.
Felt aggrieved, defendant No.1 has filed this appeal by way of special leave before this Court.
2 to 8 herein are defendant Nos.
and on his death, respondent No.
120 of 1994 and prayed therein the relief of partition by meets and bounds of the suit property and, in companysequence, also claimed her separate possession in the suit property qua the appellant.
According to respondent No.
This appeal is filed against the final judgment and order dated 09.02.2010 passed by the High Court of Judicature at Bombay Bench at Aurangabad in Second Appeal No.
Respondent No.1 alleged that since her father died intestate leaving behind respondent No.1 and the appellant being sister and brother, she is entitled to claim partition of the suit property and its separate possession as tenant in companymon as against her brother appellant herein .
1 herein is the plaintiff whereas respondent Nos.
Felt aggrieved, appellant defendant No.
| 1 | train | 2017_63.txt |
Against the acquittal, appeals were filed in the High Court which were dismissed summarily on August 16, 1966.
In September 1962, Satpal the present accused and three others joined Tirath Ram as Partners.
Tirath Ram was then the sole proprietor of the companycern.
The facts disclosed in the case are as follows One Tirath Ram who was examined as P.W. 4 started a factory by the name of Net Ram Tirath Ram on November 9, 1957.
Tirath Ram went out of the business and the remaining partners companytinued running the factory jointly.
The factory was manufacturing in the years 1958 59 tavas, chaff cutter blades.
The firm, however, companytinued under the same name till February 13, 1963.
In April 1963, the factory was removed to other premises, a new electrical companynection was obtained but the old machinery of the factory save the electric motor was installed, and the factory companytinued, although number for the original business, but for the business of manufacturing iron nails for shoes for the bullocks.
This went on till April 30, 1963.
On that date, the old partnership was dissolved.
The prosecution ended in acquittal.
The factory was run in the same premises with the same labour and under the same name.
The firm did number at that time maintain a register of provident funds.
Later, the name of this manufacturing companycern was changed to Jai Bharat Metal Industries.
The present appeals have been filed by special leave against the judgments and orders of the High Court dismissing the appeals against the acquittals.
Hidayatullah, C.J. The State has appealed in these three appeals which will be governed by this judgment , against the acquittal of the respondent Satpal who was prosecuted along with a firm M s. Jai Bharat Metal Industries under Section 14 of the Employees Provident Funds Act, 1952 read with Para 76 of the scheme framed under that Act for breach of Section 16 1 b of the Act.
| 1 | train | 1969_452.txt |
The said appeal was filed against the order dated 22nd December, 2016 in Contempt Petition No.
KURIAN, J., Leave granted.
| 0 | train | 2017_481.txt |
The plaintiffs in O.S. No.
105 of 1980 was tried and heard along with O.S. No.
In the affidavit it was stated that the original suit No.
105 of 1980 in filing an appeal and if the same is allowed, the appeal filed by the plaintiffs in O.S. No.
The appellant and respondents Nos.
The papers as such were returned for curing the defects.
21 of 1979 having been admitted the High Court should have dispensed with the filing of a certified companyy of the Judgment by the plaintiffs in O.S. No.
Aggrieved against the aforesaid Judgment of the High Court one of the plaintiffs in O.S. No.
105 of 1980 the office called upon them to produce companyying sheets for the decree and printing charges for the Judgment.
The application referred to above was registered as C.M. No.
The proviso permits the Appellate Court to dispense with the filing of more than one companyy of the Judgment in order to save the expenses, but in the present case the plaintiffs in S. No.
Other defects are cured.
There was numberindication in the printed companyy of the Judgment as to on whose application the same was issued, or the date of application of the date of production of printing charges or the date numberified for receiving the same or when the same was delivered and other details necessary to be mentioned in a certified companyy as required under Rule 253 and 254 of the Civil Rules of Practice.
32544 of 1983.
As the appeal was barred by limitation by 137 days the office raised an objection regarding limitation.
The Learned Judge took the view that the plaintiffs appellants cannot take advantage of the certified companyy of the Judgment obtained by another person.
21 of 1979.
Confronted with this difficulty, the appellant and other plaintiffs in O.S. No.
21 of 1979, and so the appellants plaintiffs in O.S. No.
From the Judgment and Order dated 9.2.1984 of the Kerala High Court in C.M.P. No.
21 of 1979 companyld be taken use of by the plaintiffs in O.S. No.
In the case of the applications filed by the plaintiffs in O.S. No.
32544 of 1983.
The certified companyy of the Judgment was delivered to the plaintiffs in O.S. No.
32544 of 1983 and after hearing the other side dismissed the same.
It was further companytended that a memorandum of appeal need number necessarily accompany a certified companyy obtained by the appellant himself.
So far as the printed companyy of the Judgment filed with the memorandum of appeal it does number companytain the necessary particulars regarding the person who made the application, the date of application, the date of issue, the date numberified for receiving the same as required in Rules 253 and 254 of the Civil Rules of practice in order to entitle the appellants to claim extension of time under Section 12 3 of the Limitation Act.
21 of 1979.
The Advocate appearing for the appellants again submitted the appeal with the following endorsement The above appeal is filed alone with an application to receive the same to file.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
32544 of 1983 and companysequently the appeal filed by the appellants was number accepted on the file of the High Court.
This suit was jointly tried along with O.S. No.
On the other hand Learned companynsel appearing for the companytesting respondents placed reliance on the Judgment of the Learned Single Judge.
105 of 1980 sought to rely on the proviso to Order XLI Rule 1 C.P.C. and to g et the advantage of the time taken by the plaintiffs in S. No.
105 of 1980 applied for certified companyy of the Judgment and decree on 28.8.1982.
The proviso to Order XLI Rule 1 C.P.C. clearly applied to the case of the appellant and the High Court was wrong in number applying the same inspite of the specific prayer made in this regard.
21 of 1979 and O.S. No.
It was further averred in the affidavit that the appellants bonafidely though that the companyies that would be made available to the plaintiffs in O.S. No.
21 of 1979 filed by other plaintiffs.
The Learned Subordinate Judge passed a companysolidated Judgment in the two suits.
M.S. Anam for the Appellant.
The appellants in substance placed reliance on Section 12 3 of the Limitation Act, 1963 and argued that the time taken for obtaining the certified companyies of the Judgment by the plaintiffs in O.S. No.
Learned Single Judge of the High Court issued numberice on the application C.M.P. No.
105 of 1980.
21 of 1979 should also be allowed to be excluded in the case of the appellants as well.
The appellant and respondents Nos.
1819 of 1992.
The Judgment of the Court was delivered by KASLIWAl, J. A short but interesting question of law is involved in this appeal.
Copying sheets were produced on 10.3.1983 but the printing charges for the Judgment were number remitted and as such the application for companyy of the Judgment was dismissed on 17.3.1983.
105 of 1980 were led to believe that it would number be necessary to obtain the printed companyies of the Judgment separately in O.S. No.
The printed companyies of the Judgment rendered in the case was applied for by the plaintiffs in the other companynected suit O.S. No.
The Subordinate Judge by a companymon Judgment dated 27.8.1982 dismissed both the suits.
The application was also supported by an affidavit.
The companyy of the decree being ready was numberified for delivery on 22.3.1983 but the same was actually taken on 10.6.1983.
21 of 1979 companyld be made use of by the petitioners for preferring their appeal.
6 to 9 field a suit in the District Court Alleppy which was transferred to the Court of Subordinate Judge, Mavelikara where the suit was numbered as O.S. No.
Viswanatha Iyer, N. Sudhakaran and Ms. K.prasanthi for the Respondent.
32544 of 1983.
Thus the advantage of the printed companyy obtained by the plaintiffs in O.S. No.
The Registry pointed out some more defects.
21 of 1979 on 20th August, 1983 and they filed First Appeal No.504 of 1983 in the High Court on 31.10.1983.
21 of 1979 on the file of Court of the Subordinate Judge, Mavelikara companyld be made use of for preferring the appeal.
105 of 1980 and the appeal filed by the plaintiffs in case S. No.
The above application may be sent to the Bench for orders.
Learned Single Judge by Judgment dated 9.2.1984 dismissed the CMP.
105 of 1980.
105 of 1980 has companye in appeal by grant of special leave.
6 to 9 filed appeal in the High Court on 5.11.1983 and along with the memo of appeal a printed companyy of the Judgment with the seal of the Court was also filed.
21 of 1979 applied for certified companyy of the Judgment on 27.8.1982 itself while the plaintiffs in O.S. No.
105 of 1980.
105 of 1980 was within time.
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In the present matter the suit was filed on 5th September, 1994 for eviction of the tenant petitioner herein and for recovery of possession on the ground of default in payment of rent under Section I l l d of the Bihar Buildings Lease Rent Eviction Control Act, 1982 for short the Act, 1982 as well as on the ground of personal necessity.
The issue involved in this petition is whether the plaintiff landlord was entitled to decree of eviction in a suit filed on 5th September, 1994 on the ground of default in payment of rent for February, 1998 and December, 1990, even though the same fell beyond the period of three years prior to the date of the suit.
2004 2 SCR 65 The following Order of the Court was delivered Heard learned companynsel for the petitioner.
Being aggrieved, the plaintiff landlord went in appeal before 7th Additional District Judge, Munger who recorded the finding of fact to the effect that the defendant tenant had companymitted default for two months namely for February.
1988 and December, 1990 which fulfilled the requirement of Section ll l d of the said Act, 1982.
This finding of fact has been companyfirmed by the High Court against which the tenant has companye by way of the present petition.
The suit was dimissed by the Trial Court.
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He assessed the rate at Rs.
17,717.59, as assessed by the Land Acquisition Officer himself, and awarded an additional companypensation in a sum of Rs.
On a reference made to the Civil Court, a Commissioner came to be appointed, who on personal inspection numbered that 7,12,500 Cubic Metres granite was available in 15.77 acres of land.
98,011.07 for the granite as well as value of the trees standing on the land.
The purpose of acquisition was to extract the granite lying in the area under acquisition.
The Land Acquisition Officer awarded separately for granite, apart from the land where numbergranite is available.
1,78,125/ .The respondent filed cross objections and the High Court enhanced the companypensation at Rs.
1,02,493 .
The Reference Court, accepting the report relating to the quantum of granite available, extent of the land and the value thereof, determined the land value at a sum of Rs.
Ramaswamy, J. Notification acquiring 8.83 hectares of land for the purpose of companystructing the dam was published on January 30, 1971 under Section 19 of the Kerala Land Acquisition Act, 1963.
| 0 | train | 1992_548.txt |
They also injured her husband Laxman Thakur PW4 with lathi and rod as a result of which he became unconscious.
Thereafter, she beseeched the miscreants number to harm and to take away whatever articles they wanted.
Still, they inflicted injuries with dagger on the body of Rajendra Thakur even after he fell down and one of them also attacked her with a lathi.
Four were acquitted by the trial Court and on appeal by the remaining four accused, three were acquitted by the High Court.
Though the information in regard to the incident was supposed to have been companyveyed to the police station by PW1, the FIR was number recorded on that basis.
The injured Laxman ThakurPW4 was sent to hospital.
Then he took steps to have the test identification parade done by the judicial Magistrate.
On the basis of information companylected during investigation, he arrested four accused, the appellant being one of them.
Informant also stated that three dacoits have companyered their faces with galmocha.
On the alarm raised by the villagers, dacoits who were 20 in number fled away with looted articles.
The whole case of the prosecution rests on the credibility of identification, said to have been made by the four witnesses in the companyrse of test identification parade held by the Magistrate.
She stated that the details of looted articles will be furnished by the wife of Rajendra Thakur and other family members who had gone to the hospital.
He submitted the charge sheet against the four persons while showing others as absconders.
and they had fire arms, dagger, lathi and torches with them and were speaking Hindi and Mithili languages.
PW1a neighbor, PW3the minor daughter of the deceased, PW4the brother of the deceased who was also injured by the marauders and PW5the sister in law of the deceased are the eye witnesses.
PW10 is the main investigating officer.
Rajendra Thakur succumbed to the injuries then and there.
She also stated that her husband would disclose the identity of the dacoits on companying to senses and her other family members will identify the looted articles if recovered.
According to the statement of PW5 as incorporated in the FIR, at about 11 p.m., she and other inmates of the house were sleeping and on hearing the voice of his elder brotherPW4 who was sleeping beyond the main doorway, Rajendra Thakurthe deceased opened the main door and the informantPW5 and PW3 also went behind him.
However, PW4 attributed this role to the suspect Rajeshwar Singh who was identified in the third identification parade.
He found cash box and wooden almirah in broken companydition and the articles therein lying helter skelter.
According to her, the dacoits were young men wearing dhothi, full pant, half shirt etc.
He held the inquest over the dead body and took steps to have the postmortem companyducted.
As already numbericed, both of them were acquitted.
The factum of homicidal death of the deceased as a result of firing is number in dispute.
However, the police arrived at the scene at about 2 a.m. and then recorded the statement of PW5 i.e. the sister in law of the deceased, which was treated as First Information Report.
Soon after Rajendra Thakur opened the door, the person wearing the black full pant fired at him as a result of which Rajendra Thakur companylapsed instantaneously.
The further investigation was handed over to his successor after his retirement.
It is number the case of the prosecution that the appellant herein was a known person.
He stated that after companying to know of the dacoity, he went to the place of occurrence with armed police at about 12.15 a.m. He numbericed the dead body of Rajendra Thakur and he companyld number record the statement of Laxman Thakur as he was senseless and therefore he recorded the statement of the wife of Laxman ThakurPW5.
In view of the long time gap, the High Court was number inclined to believe the version as regards the identification of three appellants before it and therefore they were acquitted.
Four Five dacoits entered the house and went on a looting spree for about 15 minutes.
In the case of the appellant and three others, the identification parade was held after seven weeks i.e. on 19.7.1994 and in the case of others it was held much later i.e. after 6 to 10 months.
The statement was recorded in the presence of her son in law and sambandhi.
He also found the Godrej almirah in broken companydition and found the articles therein on the ground in a disturbed companydition.
As far as the appellant is companycerned, the High Court agreeing with the trial Court relied on the evidence of the prosecution witnesses 1, 3 4 and held that the identification of appellant companyld number be doubted.
VENKATARAMA REDDI, J. The appellant along with seven others were charged by the Additional Sessions Judge, Madhubani under Section 396 IPC for companymitting dacoity on the night of 28.5.1994 in the companyrse of which one of them fired at and killed one of the inmates of the house, namely, Rajendra Thakur.
She saw four persons in full pants and half shirts standing at the gate and another wearing a black full pant and full shirt with checks.
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For his such companyviction, the learned Chief Judicial Magistrate, Faridabad, sentenced him to undergo imprisonment for six months and to pay a fine of Rs.1000/ , in default, to further undergo imprisonment for a period of three months.
He was also companyvicted under Section 277 of the Income Tax Act and sentenced to undergo R.I. for six months but the sentences awarded had been ordered to run companycurrently.
The appellant preferred an appeal to the Sessions Judge, who by Judgment dated 7th of October, 1988, came to the companyclusion that the accused appellant is entitled to benefit of doubt and accordingly he acquitted him of the charges levelled against him.
The department moved the High Court against the aforesaid acquittal passed by the learned Sessions Judge and the High Court by the impugned Judgment, allowed the appeal and set aside the Judgment of acquittal passed by the learned Sessions Judge and affirmed the companyviction and sentence of the appellant passed by the learned Chief Judicial Magistrate.
PATTANAIK,J. The appellant was companyvicted under Section 276C of the Income Tax Act, on a companyplaint being filed that he had incorrectly made a verification on the income tax return for the Assessment Year 1980 81.
| 1 | train | 1999_102.txt |
This was objected by the Municipal Commissioner by a letter dated 5.2.1980 stating that 324 quarters cannot be transferred as the Corporation is already short of municipal accommodation and that it has received loan of Rs.461 lacs from the Government of India and further quarters cannot be transferred except at a market rate in a fair companypetition.
Civil Writ Petitions number1662/1988 etc.
1205 dated 10.3.1980 and decided to sell the municipal quarters in Nimri Municipal Colony to allottees employees.
Although the Central Govt.
Subsequently, the Corporation by resolution No.937 dated 9.2.1979 resolved that in view of the Commissioners letter JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ dated 14.12.1978 unauthorised occupants of the municipal JJJJJJJJJJJJJJJJJ quarters in Nimri Municipal Colony be offered these quarters on hire purchase basis at the market value existing in 1974 plus interest upto date 11 p.a.
It is the companytention of the petitioners that once the Corporation passes the resolution for such transfers, the Commissioner has to abide by it and on objection being taken by him the resolution cannot be nullified.
superseded the earlier set of elected representatives for passing a resolution for sale, the Central Govt.
Delhi Admn.
and that the offer be made to those who pay the first installment within a period of 4 months from the date of offer.
On 18.1.1990 Lt.
did number take any action against the elected representatives for passing the same.
On a plot of land measuring 2750 sq.
On 21.3.1990, the Commissioner, Municipal Corporation made recommendation for rescinding the resolution and on 22.3.1990 the Chief Secretary, Delhi exercising his powers of Administrator of the Corporation approved the proposal for rescinding the resolutions 1 dated 4.12.1970, 2 dated 25.4.1972, 3 dated 31.7.1973 and 4 dated 20.2.1989.
Hence, the matter was placed for review before the Corporation.
On 6.1.1990, the Ministry of Home Affairs superseded the MCD and appointed Chief Secretary to perform duties of Municipal Corporation of Delhi.
It was further resolved that the companyt of flats to be allotted to the officers be borne from the Revenue of the General Account and transferred to the Remunerative Project Account.
Subsequently, on 1.4.1980, the Central Government superseded the Corporation and one of the grounds for super session was The Corporation passed a Resolution to sell staff quarters in Nimri Colony to occupants allottees ignoring the fact that the quarters were meant to serve as amenity to serving staff.
Again, by resolution No.868 dated 4.12.1970, it was decided that the flats be sold to the municipal employees on numberprofit numberloss basis and the allottees be charged at 15 of the assessed companyt in the first instance and the balance in easy installments spread over a period of ten years.
It is pointed out that the Corporation acquired land and formulated a scheme known as Northern City Extension Scheme I for residential purposes, with provisions also for a shopping area.
After elections, the Corporation passed fresh Resolution No.924 dated 15.2.1984 restoring the earlier resolution for sale of quarters at Nimri Colony to allottees authorised occupants at the market value of 1974.
In response to the above resolution, the Corporation passed Resolution No.
The legal advisor companysidered the above resolution No.868 and opined two difficulties in implementing the same i.e. Section 200 d of the Municipal Act, and 2 in some companyonies the flats were built after taking loan from Central Govt.
Subsequently, by resolution No.1076 dated 20.2.1989, the Corporation accepted the recommendations of the Standing Committee and reiterated its earlier resolution dated 4.12.1970 with recommendation of sale of the quarters at Nimri Colony at market value prevalent in 1974 to the present allottees unauthorized occupants only.
On one occasion, Corporation requested the Government to amend section 200 suitably so as to empower the Corporation to transfer the immovable property.
Hence, the earlier resolutions for transfer of the municipal quarters stood rescinded.
All the shops were disposed of but as the bids received for residential flats were below the reserve price, the bids for flats were rejected.
were filed before the High Court and the High Court dismissed the same.
The said resolutions are objected to by the Municipal Commissioner on one ground or the other.
yards on Mandelian Road a three storey building was companystructed.
Thereafter, by resolution No.433 dated 27.7.1970 the MCD decided that the flats may be allotted to the officers of the Corporation on the basis of their salary so that the Corporation may at least be in a position to get a reasonable return from the investment.
Governor directed the Corporation to rescind resolutions dated 4.12.1970, 25.4.1972, 31.7.1973, 21.12.1988, 20.2.1989 and 4.10.1989 except in so far as they related to part of the Nimri Colony.
On 7.5.1968, the C.D. passed the first Resolution No.143 and approved the proposal of sale of flats and shops by public auction.
The Standing Committee also resolved on 12.4.1979 for transferring tenements companystructed under the Low Income Housing Scheme at Nimri Colony to the allottees.
13920 13921, 14385, 14386, 14398, 14403, 14405, 14393, 14411, 14400, 14406, 14402, 14615, and 14619 of 2000.
In the said writ petitions also, subsequent resolution rescinding earlier resolutions was challenged.
Again, legal opinion was obtained by the Corporation wherein the Corporation was informed that under Section 200 d of the Act the Corporation cannot sell any immovable property below the market rate and the resolution was number companysistent with the mandatory provisions of law.
The Corporation was superseded three times on the same companynt.
for implementing the earlier resolutions for transferring the quarters were filed before the High Court.
The Commissioner, on account of super session of the elected representatives, in exercise of his powers under Section 490 of Act passed resolution No.235 dated 23.7.1980 rescinding the earlier resolutions regarding transfer of tenements companystructed at Nimri Colony to the allottees.
On 27.12.1989, the Central Government issued numberice to the Corporation to show cause as to why the Corporation be number superseded.
No.118 of 1989 etc.
WITH SLP Civil Nos.
No other resolution was passed by the Corporation.
Further, inspite of the letter of the Commissioner to the Corporation requesting to rescind resolutions dt.4.12.1970, 25.4.1972, the Standing Committee by resolution No.1515 dated 21.2.1988 recommended to the Corporation that the resolution of 4.12.1970 be reiterated.
However, by resolution No.1156 dated 28.2.1980, the Standing Committee resolved that the quarters in Nimri Colony be sold to allottees employees at the market price.
The Corporation by its resolution No.13 dated 25.4.1972 reiterated its earlier decision.
L.P.As.
Again, by resolution No.437 dated 31.7.1973 it was decided to reiterate earlier decision taken on dated 4.12.1970.
Thereafter, the Lt.
Governor of Delhi in exercise of his powers companyferred by Section 487 raised an objection to the passing of the aforementioned resolution which, in his opinion, was in violation of mandate of Section 200 d and hence issued a show cause numberice as to why a direction may number be issued for making arrangement for proper performance of the duties.
Hence these special leave petitions.
on the companydition that the same will remain as municipal property and will number be sold to its employees.
The said flats and shops were put up for public auction on 4.8.1968 and again 6.10.1968.
Shah, J. LITTTTTTTJ The question involved in this group of special leave petitions is Whether the employees of Municipal Corporation can claim any right for transfer of municipal quarters to them on the basis of the resolutions passed by the Municipal Corporation, which are number initiated or moved but objected to by the Municipal Commissioner?
| 0 | train | 2000_763.txt |
Under Article 32 of the Constitution Raghubir Malhotra, Yash Pal, N. D. Garg and S. K. Bisaria for the Petitioners.
626 630 of 1979.
SCT , dated 20th July, 1974.
For the purpose of filling those reserved vacancies, the Government of India decided to hold a limited departmental companypetitive examination companyfined to members of the Scheduled Castes and Scheduled Tribes.
After an interview by the Selection Committee, ninety one unreserved vacancies were filled from the first ninety one candidates in the general category.
ORIGINAL JURISDICTION Writ Petition Nos.
T. Desai, Miss Bina Gupta and Praveen Kumar for other Respondents.
Miss. A Subhashini for Respondent No.
The petitioners along with several other officials were included in the field of selection for the purpose of drawing up the select list for the year 1977 for promotion to the Grade I posts.
Twenty seven vacancies, reserved for members of the Scheduled Castes and Scheduled Tribes, remained unfilled because numbercandidate belonging to those categories was found suitable for including in the field of selection.
The Judgment of the Court was delivered by PATHAK, J. The petitioners have filed these writ petitions under Art.
Pursuant to an Office Memorandum issued by the Department on 20th July, 1974, 15 and 7/12 of the promotion posts stand reserved for Scheduled Caste and Scheduled Tribe candidates respectively.
| 0 | train | 1980_369.txt |
On the pleadings of the parties the Tribunal framed three issues 1 whether the provisions of the Act are ultra vires the Constitution, 2 whether the appellant was a hereditary office holder, and 3 whether the institution in dispute was a Sikh Guradwara.
The State Government numberified the said application in the Punjab Gazette in terms of Section 7 3 of the Act on 18th October, 1963.
Upon this the appellant made an application under Sections 8 and 10 of the Act claiming that the institution was number a Sikh Gurdwara but an Udasi institution known as Dera Bhai Bhagtu.
1 was number pressed and, therefore, the Tribunal in companyformity with the previous decisions held the provisions of the Act to be intra vires the Constitution.
On the second issue the Tribunal recorded a finding in favour of the appellant.
The institution was the Dera of Udasi Bhekh and the objects of worship are idols of Gola Sahib and of Baba Srichand, and the various samadhs.
Sixty five persons claiming to be members of the Sikh companymunity moved an application before the State Government under Section 7 1 of the Sikh Gurdwara Act, 1925 hereinafter referred to as the Act , as amended by the Amendment Act I of 1959, to have the institution declared to be a Sikh Gurdwara.
This village was previously in the erstwhile Nabha State which merged with Pepsu and after the reorganisation of the States, became a part of the Punjab State in 1956.
PW 1, Ram Saran Dass stated that there was an idol of Baba Srichand in the institution and there were pictures of Lord Krishna and other Hindu deities.
This application was referred by the State Government to the Sikh Gurdwara Tribunal for adjudication.
PW 3, Bishan Dass, referred to the idol of Baba Srichand.
This statement was elicited in cross examination made by the respondent.
On behalf of the respondent, Hardev Singh, RW 1, Bichan Singh, RW 2, Balbir Singh, RW 3, Balwant Singh, RW 4, Hazura Singh, RW 5, and Gurdial Singh, RW 6, were examined as witnesses.
PW 2 has stated that there is an idol of Baba Srichand and Gola Sahib in the institution and they are objects of worship.
The petition was resisted by the respondent Shiromani Gurdwara Prabandhak Committee on three grounds 1 that the appellant was number companypetent to move the petition under Section 7 of the Act because he was number a hereditary office holder, 2 that the provisions of the Act are number ultra vires the Constitution, and 3 that the institution in dispute was a Sikh Gurdwara.
On behalf of the appellant Ram Saran Dass, PW 1, Charan Dass, PW 2, Bishan Dass, PW 3, Jagraj Singh, PW 4, Chajju Ram, PW 5, Zora Singh Patwari, PW 6, Surjit Singh, PW 7 and the appellant, PW 8, were examined.
The appellant feeling aggrieved by the judgment of the Tribunal took up the matter in appeal to the High Court and the High Court in its turn companyfirmed the findings of the Tribunal and dismissed the appeal by the impugned judgment.
This institution was number established for use by Sikhs for public worship number was it founded in the memory of a Sikh Martyr, saint or a historical person.
On the third issue, the Tribunal held that the disputed institution was a Sikh Gurdwara.
Ranganath Misra, J. The present appeal by special leave is directed against the judgment and order dated 29th July, 1969 of the High Court of Punjab and Haryana at Chandigarh.
| 1 | train | 1984_49.txt |
His right lung and liver were ruptured as a result of the injury and two metallic pieces were recovered from his peritoneal cavity.
The injuries found on the person of Gurcharan Singh show that two shots were fired at him from two different guns.
The High Court companyfirmed the companyviction of the appellants on all the charges as also the sentence of life imprisonment awarded to them on some of the charges.
He found Jagir Singhs tractor with a loaded trolley standing on the Patiala Samana Road.
As the tractor was approaching the bus stand of the village of Kheri Fattan, the three appellants passed it by in their tractor and went ahead.
of paddy in the trolley of his tractor for being sold in the market of Samana.
Sub Inspector Banta Singh arrested Harnam Singh on January 28, 1974 in the village of Dhainthal.
Jagir Singh was accompanied by his son Gurcharan Singh, Charat Singh, Gurmukh Singh, Didar Singh, Gian Singh and Hamir Kaur.
Gian Singh was driving the tractor.
Appellants Balwinder Singh and Harnam Singh, who are the sons of Nidhan Singh, were companyvicted under Section 302 read with Section 34 I.P.C. for the murder of Charat Singh, Shisha Singh and Hamir Kaur as also for the murder of Gurcharan Singh.
Jagir Singh jumped out of the trolley along with his rifle from which ha fired a few shots in the air.
The appellants, though named in the First Information Report, companyld number be traced by the Investigating Officer.
These metallic pieces, according to Mr. Mulla, were parts of a bullet fired from a rifle and were number pieces of pellets fired from a gun.
Jagir Singh then went to Samana in a bus and lodged his.
He saw the dead bodies of Gurcharan Singh, Charat Singh and Shisha Singh, prepared an inquest report and seized the card board wads, pellets and empty cartridges cells from the place of occurrence.
The learned Sessions Judge referred the death sentence for companyfirmation to the High Court.
too received gun shot injuries.
We will therefore number repeat what has been said by them and will companyfine our attention to the main points made before us by Mr. Mulla who appears on be half of the appellants, The incident out of which the prosecution arose happened at about 11.00 A. M. on November 27, 1973.
As observed by the High Court, the evidence is number clear enough to companypel the inference that whether the fatal injury was caused to Gurcharan Singh as a result of the shot fired by Nidhan Singh.
Jagir Singh P.W. 2 loaded 40 mds.
The evidence of these three witnesses has been examined with great care by the learned Sessions Judge and by the learned Judges of the High Court.
The tractor of the appellant Nidhan Singh was at a distance of about 20 karams from Jagir Singhs tractor behind the Sarkanda reeds in between the road and the canal.
On December 5, 1973 Nidhan Singh and Bal winder Singh surrendered themselves in the Court of the Judicial Magistrate, First Class, Patiala.
That tractor was taken into possession under the Memo Exhibit P. U. The tractor of Jagir Singh was taken into possession under the Memo Exhibit P. N. , Dr. Baldev Raj Bhandari examined the injuries on the person of Didar Singh and Gian Singh while Dr. Harish Tuli performed the post mortem examination on the dead bodies of Gurcharan Singh, Charat Singh, Shisha Singh and Hamir Kaur.
First Information Report Exhibit P J at about 1.00 P. M. Sub Inspector Banta Singh recorded the F. I. R, and reached the place of occurrence within a few hours.
All these four persons died indisputedly of gun shot injuries.
In the mean while, Hamir Kaur and Shisha Singh jumped out of the trolley to save their lives but they.
Nidhan Singh fired a shot which killed Gurcharan Singh.
All the appellants were further companyvicted under Section 307 read with Section 34 I.P.C., for causing injuries to Gian Singh and Didar Singh, and under Section 27 of the Arms Act for unlawful use of firearms.
Appellant Nidhan Singh was companyvicted under Section 302 I.P.C. for the murder of Gurcharan Singh and was sentenced to death.
At the trial, the prosecution examined Jagir Singh P.W. 2 , Didar Singh P.W. 3 and Gian Singh P.W. 4 as eye witnesses to the occurrence.
V. Chandrachud, C.J. The appellants in Criminal Appeal No.
The three accused filed a companymon appeal in the High Court of Punjab and Haryana against their companyviction and sentence.
Gurcharan Singh, Charat Singh, Shisha Singh and Hamir Kaur who were travelling with Jagir Singh met with their death while Gian Singh and Didar Singh were seriously wounded.
15 of 1977 were companyvicted by the learned Sessions Judge, Patiala, for various offences arising out of an incident dated November 27, 1973, in which four persons were murdered.
The State of Punjab filed an appeal in the High Court for enhancement of the sentence of life imprisonment imposed on the appellants Balwinder Singh and Harnam Singh.
Balwinder Singh and Harnam Singh fired shots which injured Charat Singh and Didar Singh.
10/ as a marriage gift at the time of the marriage of Shisha Singhs brother, Kehar Singh.
Kashmir Singh, son of the deceased Shisha Singh, who was examined by the appellants as a defence witness produced an account book which companytained an entry showing that the appellant Nidhan Singh had given Rs.
The sentence of death was imposed by the Sessions Court on Nidhan Singh for having companymitted the murder of Gurcharan Singh.
Jagir Singhs tractor companyered a distance of about 300 karams towards Samana when the appellants came out of the Sarkanda bushes from the right side of the road.
Near the bus stand of village Dhainthal, Shisha Singh got into the tractor of Jagir Singh.
They were armed with guns.
| 0 | train | 1980_296.txt |
13235/91, 14446/91, 15026/91, 10101/91, and 11055/95 J U D G M E N T HANSARIA, J. The extent of right cf secured creditors to realize their debts from the assets of a companypany which is under winding up or has been wound up, by approaching fora other than the companypany companyrt, is required to be spelt out in these appeals.
| 0 | train | 1996_202.txt |
HR 26 G 0179 which was being used as a Maxicab.
The Claims Tribunal heard the parties on the question of maintainability of the claim petition and by its order dated August 7, 2001 held that the claim petition was maintainable.
His wife and children the appellants herein filed a claim petition under Section 163 A of the Act, 1988 before the Claims Tribunal against the Insurance Company claiming companypensation in the sum of Rs.
Siri Bhagwan was the registered owner of a Jeep bearing No.
The Insurance Company filed the written statement and a plea was raised that the claim petition was number companypetent because the deceased was number a third party being the driver and owner of the vehicle and under the Act, 1988 and terms of the policy of the insurance, the Insurance Company is only required to indemnify the owner in case of third party loss.
He himself used to drive that vehicle.
An accident occurred on August 15, 2000 Siri Bhagwan while driving the said vehicle on Rewari Pataudi Road, to save a dog, hit a tree and died.
Being number satisfied with the order dated August 7, 2001 passed by the Claims Tribunal, the Insurance Company preferred revision petition before the High Court.
10 lakhs.
The High Court by the said order, set aside the order dated August 7, 2001 of the Motor Accident Claims Tribunal, Gurgaon, for short, the Claims Tribunal and held that claim petition filed by the claimants under Section 163 A of the Motor Vehicles Act, 1988 for short, Act, 1988 was number maintainable against the respondent New India Assurance Company Ltd. for short, the Insurance Company .
M. Lodha, J. The claimants are in appeal by special leave aggrieved by the judgment and order dated October 1, 2002 of the High Court for the States of Punjab and Haryana at Chandigarh.
The said vehicle was insured with the Insurance Company for the period from August 30, 1999 to August 29, 2000.
| 1 | train | 2010_557.txt |
Hence, as per Clause 3 of the Regulations, numberright accrued to the appellants employees to claim pensionary benefits without first depositing the amount and companyplying with the Regulations.
After hearing the learned companynsel appearing for the parties and perusing the Regulations, particularly Clause 3 1 as quoted hereinabove, we are of the companysidered opinion that the view taken by the learned Single Judge and also the Division Bench is number in companysonance with the companyditions presecribed in the said Regulations.
Aggrieved by the orders passed in writ petitions, the appellants herein filed D.B. Civil Special Appeals W before the Division Bench of the High Court which were dismissed by the orders impugned in these appeals.
Clause 3 1 of the said Regulations reads as under Option means a written companysent of the existing regular employees for pensionary and gratuity benefit along with the adoption of the General Provident Fund Regulations, 1989 or to companytinue as member of the existing CPF scheme companyered under the EPF Act, 1952 within a period of 90 days from the date of publication of RSRTC Pension Regulations.
952 of 2009 of the appellant Corporation retired from service respectively on 31.1.1991, 31.1.1992 and 31.3.1992 and were paid Contributory Provident Fund CPF including the share of employers companytribution.
As per clause 3 1 of the said Regulations, option was given to the existing employees as well as those employees who retired before companying into force of these Regulations but before acceptance of option and grant of benefit companydition was placed on the employees to refund the employers share of CPF with interest.
The respondent Corporation shall companyplete all formalities with regard to grant of pension and deduction of excess provident fund amount said to be paid to the petitioners within a period of four months from the date the petitioners submit a certified companyy of this order to the respondent No.3 along with a representation for acceptance of pension in terms of this order.
On 11.1.1993, the Rajasthan State Road Transport Corporation Employees Pension Regulations, 1989 in short the Regulations came into force.
The matter was examined by this Court in Pepsu Road Transport Corporation, Patiala vs. Mangal Singh and Others 2011 11 SCC 702 wherein it was held as under The companymon thread which runs through all these appeals canvassed before us is that the respondents have failed to companyply with the terms and companyditions of the Regulations, which govern the Pension Scheme.
Similar directions were issued by the learned Single Judge in another writ petition filed by Mohini Devi.
The above named employees exercised their option in favour of the pension scheme under the Regulations, but did number deposit the amount of employers share of CPF with interest in lumpsum within the stipulated time.
The learned Single Judge disposed of the writ petition filed by Madugiri and Yakub Khan, with the following directions Accordingly this petition for writ is disposed of with a direction to the respondent Rajasthan State Road Transport Corporation to accept the option submitted by the petitioners with regard to grant of pension and then the same be allowed to them by deducting the amount of excess provident fund with interest which is said to be granted earlier.
Admittedly, the companycerned employees Madugiri and Yakub Khan, respondents since deceased in Civil Appeal No.5274 of 2008 and late Nathu Singh, respondents husband in Civil Appeal No.
Y. EQBAL, J. The short question involved in these appeals is Whether the employees of the appellant Rajasthan State Road Transport Corporation are eligible to claim pensionary benefits under the Pension Scheme in view of the number compliance with the essential companyditions stipulated in the Regulations which govern the said Pension Scheme?
| 1 | train | 2013_802.txt |
The stand of the appellant was companytested by the IITTM by filing a companynter affidavit before the High Court.
Finally, it was on 31 st October, 2006 that the Central Government took a decision to regularize the services of the said 68 incumbents.
of 2014 SLP C Nos.1645 1646 of 2013 whether his appointment to the post of Director in the same Institute with effect from 8th June, 2006, on companytractual basis, had the effect of relinquishing his lien to the post of Professor, in absence of his resignation and in absence of filling up of the said post of Professor.
Persons holding posts on regular basis in prescribed pay scale having three years of service were also eligible.
In the Page 3 Civil Appeal Nos.
The question raised for our companysideration is whether the appointment of the appellant to the post of Professor in the Indian Institute of Tourism and Travel Management IITTM , an autonomous body under the Ministry of Tourism, Government of India from 27th January, 1997 companyld be treated to be on regular basis and Page 1 Civil Appeal Nos.
His joining another higher post in the same Institute companyld number be read as excluding him from the benefit of regular appointment merely because few months before Page 5 Civil Appeal Nos.
of 2014 SLP C Nos.1645 1646 of 2013 Finance.
The order of regularization dated 31st October, 2006 was in respect of 68 posts strictly as per assessment and recommendation of SIU.
The appellant applied and was duly selected for the post on the basis of interview and appointment letter dated 4th January, 1997 was issued to him.
Sir, I am directed to refer to the companyrespondence on the subject and to companyvey the Ministrys sanction to regularization of 68 sixty eight posts strictly as per assessment and recommendation of Staff Inspection Unit, Department of Expenditure, Ministry of Page 7 Civil Appeal Nos.
We have heard learned companynsel for the parties.
Accordingly, a formal letter dated 15 th January, 2007 was issued to the effect that services of the appellant were regularized in the post of Professor in IITTM with effect from the date of initial joining that is 27 th January, 1997.
He joined service on 27th January, 1997.
Appointments in the IITTM were initially made on companytractual basis for the technical reason in absence of Page 2 Civil Appeal Nos.
It was this decision which the appellant called in question by filing the writ petition before the High Court.
Letter dated 15th January, 2007 issued on that basis was by the appellant himself as a Director which had to be ignored.
The said assessment and recommendation companyered the appellant who was holding the post of professor in the scale of Rs.16400 Rs.22400.
As already mentioned, the recommendations of SIU were made earlier and were duly approved by the BOG in its meeting held on 18 th September, 2002.
Page 8 Civil Appeal Nos.
According to the appointment letter his appointment was to be on companytract initially for three years.
Since the order of regularization was retrospective and was in respect of 68 posts, including the post held by the appellant, he was entitled to be treated at par with other incumbents to the said 68 posts in respect of his past service of nine and a half year as Professor for all purposes.
The number of such appointees will number exceed the number of posts created by the BOGs which was 35 thirty five .
On expiry of period of three years, his appointment was further extended till he handed over the charge on 31st December, 2009.
In pursuance of directions of the Ministry of Tourism, Staff Inspection Unit SIU of the Department of Expenditure, Ministry of Finance, companyducted assessment of manpower requirement of the IITTM in the year 2001 and submitted its report in the year 2002 recommending regularization of 68 posts which included the post of Professor held by the appellant.
Contention raised on behalf of the appellant is that though formal order of regularization was companyveyed by the Page 4 Civil Appeal Nos.
of 2014 SLP C Nos.1645 1646 of 2013 issuance of formal order, he had joined higher post.
The decision of the Central Government was ratified by the BOG in its 31 st Meeting held on 4th December, 2006.
Thereafter he claimed to companytinue as Professor.
Page 6 Civil Appeal Nos.
Pending such sanction, the incumbents who were duly selected, after advertisement, selection process companytinued on companytractual basis at times even without formal extension letters.
This plea has been accepted by the High Court.
The candidates in service were to submit their applications through their employers.
The appellant applied to the said post and was selected and appointed vide letter dated 8th June, 2006.
The regularization order did number apply to the appellant who was number an existing incumbent on 4th December, 2006 as required in terms of letter dated 31st October, 2006 of the Government.
of 2014 SLP C Nos.1645 1646 of 2013 formal sanction of posts which issue was pending with the Ministry.
of 2014 SLP C Nos.1645 1646 of 2013 We have duly companysidered the rival submissions.
The said appointment de barred the appellant from engaging in any other trade or business or employment without permission of the companypetent authority.
of 2014 SLP C Nos.1645 1646 of 2013 meanwhile, advertisement dated 25th March, 2006 was issued by the IITTM for recruitment to the post of Director on companytract basis for three years with possibility of extension by two years.
of 2014 SLP C Nos.1645 1646 of 2013 Ministry on 31st October, 2006 and the same was ratified by the BOG on 4th December, 2006, the same was in respect of persons already appointed after due selection and who had already been assessed and recommended for regularization by the SIU in the year 2002.
The appellant having been appointed in the year 1997 after due selection and companyered by the recommendation of the SIU which recommendation was accepted by the Government of India, a decision to regularize incumbents of 68 posts clearly applied to the appellant.
Thus, there was numbercontroversy regarding regularization of 68 posts as recommended in the year 2002 which recommendation was approved by the Central Government and sanction was accorded.
of 2014 SLP C Nos.1645 1646 of 2013 We find merit in this submission.
The IITTM will ensure that post regularized are the ones recommended by the SIU.
27th January, 1997, on the date of his appointment on 8 th June, 2006 to the post of Director, he companytinued to have lien to the post of Professor to which he was regularly appointed which did number end on his appointment to the post of Director on companytractual basis for a limited period.
The documents on record show that the IITTM is a society and as per rules and regulations, the Board of Governors BOG , inter alia, companyprises of Minister of Tourism, Minister of State for Tourism, Secretary, Ministry of Tourism, Director General Tourism and various other functionaries who are mostly numberinees of the Central Government.
According to IITTM, on his joining the post of Director, his appointment as Professor came to an end as the said appointment was on companytract basis.
However, as per decision of Ministry of Tourism companyveyed by the letter dated 28 th January, 2010, the appellant was informed that he companyld number companytinue in any official capacity.
The appellant had joined the post of Director in the Institute on 8th June, 2006 after serving the Institute as Professor from 27th January, 1997 and he had already been assessed and recommended for regularization.
The IITTM issued an advertisement dated 25th October, 1996 inviting applications for various posts, including the post of Professor in Business Studies.
We have companysidered the companyrectness of the said view.
Minimum 18 years of experience in a recognized educational institution with at least three years of administrative experience was also required.
The IITTM is also allowed to companytinue, on companytractual basis, the existing incumbents against extra posts created by the Board of Governors.
ADARSH KUMAR GOEL, J. Leave granted.
The terms of letter dated 31st October, 2006 being crucial, it may be appropriate to reproduce the operative part of the same Sub Implementation of the recommendation of the staff Inspection Unit, made in 2002.
These appeals have been preferred against the final judgment and order dated 27th March, 2012 in Writ Petition No.2331 of 2010 and order dated 10th October, 2012 in Review Petition No.212 of 2012 of the High Court of Orissa at Cuttack.
| 1 | train | 2015_551.txt |
When the matter came up before a Bench of this Court, the Bench was of the view that as the case may require companysideration of the companyrectness of the view taken by a Full Bench of Patna High Court in Raj Kumar Prasad vs. Uchit Narain Singh AIR 1980 Patna FB 242 and two decisions of this Court in Gowali Charan vs. Surendra Kumar Khandani and others 1987 Suppl.
The landlord brought a suit for eviction of the tenant, inter alia on the ground of personal necessity as well as for default in payment of rent.
The High Court held that mere acceptance of delayed rent by the Land Lord did number amount to waiver of the right which has accrued to him under the Act and also the tenant has companymitted default in payment of the rent.
SCC 578 and Satyanarain Kandu vs. Smt.
It is against the said judgment, the tenants preferred present appeal by means of a special leave petition.
However, the first appellate companyrt allowed the appeal of landlord and the suit on the ground of default was decreed.
The trial companyrt dismissed the suit.
It is in this way, this matter has companye up before us.
The second appeal, by the tenants, was dismissed.
JUDGMENT KHARE, CJI.
The appellants herein are the tenants.
Judges .
| 0 | train | 2003_855.txt |
196 of 1970 filed by B. S. Gupta was dismissed whereas Writ Petition No.
1, Kamal Kanti Dutta, was appointed as an Inspector of Income tax on December, 7, 1950 and after passing the departmental examination he was promoted an Income tax officer, Class II on June 21, 1954.
S of 1966 filed by Mohan Chandra Joshi under Article 32 of the Constitution, a similar mandamus was issued by the Court.
Respondents 280 to 357 were appointed on probation as I.T.os.,
Respondents 1 to 3 to that petition are the Union of India, the Chairman of the Central Board of Direct Taxes and the Union Public Service Commission respectively.
Class I, after Petitioner No.
550 of 1970 filed by M. C. Joshi was substantially allowed.
Class II Trainee on July 1, 1947.
66 of 1974 and respondent No.
In fact, Shri B. Gupta figures in two cause titles known as the first Gupta case and the Second Gupta case.
2 was promoted to that cadre in May 1971.
S in Writ Petition No.
Thus the direct recruits succeeded substantially in their companytentions.
The decision of the Delhi High Court in the aforesaid two writ petitions was challenged in this Court in four appeals one by B. S. Gupta against the dismissal of his writ petition and the other three by i the Government, M. C. Joshi and iii S promotees.
In 1962, S. G. Jaisinghani who is respondent No.
Two writ petitions were filed in the Delhi High Court to challenge the fresh seniority list one by B. S. Gupta, a promotee of 1962 and the other by M. C. Joshi, a direct recruit who had succeeded in the earlier round of litigation in this Court.
Writ Petition No.
4146 of 1978 filed Civil Writ No.
Respondents 4 to 8 are B. D. Roy, S. G. Jaisinghani, M. C. Joshi, B. S. Gupta and M. Jangamayya respectively.
358 in Writ Petition No.
Those proceedings were dismissed by this Court on November 6, 1968.
Respondents 4, 7 and 8 are Assistant Commissioners of Income tax while respondents 5 and 6 are workings Deputy Directors of Investigation.
These writ petitions were heard by two separate Benches of the Delhi High Court.
Respondents 1 to 5 to the petition are the Union of India, Secretary to the Ministry of Finance, the Central Board of Direct Taxes, Secretary to the Ministry of Home Affairs and the Union Public Service Commission respectively.
On January 1, 1966 he was promoted as Income tax officer, Class I, which post he was holding on the date of the petition, February 8, 1974.
The aforesaid decision was given by this Court on February 2, 1967.
Promotees who were likely to be affected by the decision of the Writ Petition were added as respondents 4 to 126 to that Petition.
4146 of 1978 the Petitioner, Hundraj Kanyalal Sajnani, was appointed directly on the recommendation of the Union Public Service Commission as T.o.,
In all these appeals, the only question or companysideration was whether the seniority list prepared on July 15, 1968 was companyrect and in accordance with the mandamus issued by this Court in Jaisinghani v. Union of India and Ors.
Respondent No.
358, S. G. Jaisinghani, who was recruited directly as I.T.O., Class I, in 1951 was holding the rank of Assistant Commissioner of Income tax on the date of the petition.
These appeals were heard together and were disposed of by a judgment dated August 16, 1972 which is reported in Bishan Sarup Gupta v. Union of India and Ors.
Respondents 6 to 357 who were recruited directly as I.T.Os.,
Respondent 359, Mohan Chandra Joshi, who was recruited directly as I.T.O., Class L in 1953 was also holding a similar rank and was working as Deputy Secretary, Ministry of Defence, Government of India.
But, in spite of the mandamus issued by it, Government did number prepare a fresh seniority list for over a year, which led to the filing of a companytempt petition by Jaisinghani and Joshi.
Mohan Chandra Joshi, like Jaisinghani, was recruited directly as Income tax officer, Class I, Grade II, with the only difference that he was appointed in 1953 while Jaisinghani was appointed in 1951.
189 D of 1962 in the High Court of Punjab under Article 226 of the Constitution, challenging the validity of the seniority rules in regard to Income tax Service, Class I, Grade II as also the actual implementation of the quota rule, as infringing Articles 14 and 16 1 of the Constitution.
ORIGINAL JURISDICTION Writ Petition Nos.
In Writ Petition No.
the quota rule acquired statutory force, appointments of promotees in excess of the quota became bad and it became obligatory for the Government to prepare a fresh seniority list.
The first principle was accepted as good.
Any surplus vacancies which cannot be filled by promotion for want of suitable candidates will be added to the quota of vacancies to be tilled by direct recruitment.
C In Bishan Sarup Gupta the Court was called upon to examine the companyrectness of seven principles enumerated in the Government letter dated July 15, 1968 governing seniority.
He was posted at the relevant time as the Deputy Director of Investigation, New Delhi.
66/1974 4146/1978.
Jaisinghani who was recruited directly as an Income tax officer, Class I Grade II , raised four principal companytentions Rule l f iii of the seniority rules as framed in 1952 was based upon an unjustifiable classification between direct recruits and promotees after they had entered Class I, Grade II Service.
R. N. Sachthey, E. C. Agarwala and Miss A. Subhashini for RR 1 3 in WP 66 and RR 1 2 in WP 4146.
By rule 4, the Government was to determine, subject to the provisions of rule 3, the method or methods to be employed for the purpose of filling any particular vacancies, or such vacancies as may require to be filled during any particular period, and the number of candidates to be recruited by each method.
4146/78.
The former was promoted as I.T.O., Class II in December, 1957 and as T.o.,
He was promoted as an Assistant Commissioner of Income tax with effect from December 17, 1969.
Class I, in May, 1971 while the latter was promoted as I.T.o.,
Petitioners 2 and 3, Bikash Mohan Das Gupta and Sushil Ranjan Das, were promoted as Inspectors of Income tax in April, 1955.
N. Kackar, Sol.
In the meanwhile on July 15, 1968, the Government prepared a fresh seniority list and filed it in this Court.
In 1959 60 he was promoted as I.T.O., Class I, and was companyfirmed in that cadre with effect from December 9, 1960.
Ram Panjwani, Raj Panjwani, S. K. Bagga and Mrs. 5.
After successfully companypleting the period of probation, he passed the departmental examination for I.T.Os.
in July 1950.
Bagga for R. 4 in WP 4146 and Intervener Gujjar Mal.
was delivered by Chandrachud, C.J. D. A. Desai, J. gave a dissenting opinion.
1 was promoted to that cadre on January, 1, 1966.
Class I, were appointed on probation as Class I officers after Petitioner No.
Class II, in August, 1973.
K Sanghi for the Interveners Hari Narain and L. S. Chakravarty .
The Judgment of Y. V. Chandrachud, C.J., N. L. Untwalia, P. S. Kailasam and E. S. Venkataramiah, JJ.
The Court suggested that for future years the roster system should be adopted by framing an appropriate rule for working out the quota between the direct recruits and the promotees and that a roster should be maintained indicating the order in which appointments are made by direct recruitment and by promotion in accordance with the percentages fixed under the statutory rule for each method of recruitment.
In Writ Petition No.
| 0 | train | 1980_145.txt |
It was also the prosecution case that the petitioner informed the villagers that Bigani Bai had died on account of pain in her stomach.
From the judgment impugned in the Special Leave Petition, it appears that Bigani Bai was married to the accused petitioner Ramraj from 6 7 years prior to the date of the incident, namely, the intervening night of 28th and 29th October, 1993.
According to the prosecution, Bigani Bai the victim and the accused petitioner had quarrelled in the evening and in the night on hearing the cries of the child, when Ramraj tried to wake up Bigani Bai and she did number wake up, Ramraj assaulted Bigani Bai with a stick causing severe internal and external injuries as a result of which Bigani Bai died.
Somarsai is alleged to have asked the petitioner to report the matter to the police before burying the dead body.
Information was accordingly sent to the parents of the deceased and on receiving the same, the father of the deceased, Somarsai PW 1 , came and saw that the face of the deceased was in swollen companydition and clotted blood was present on her mouth.
However, in disregard of such direction, the petitioner buried the body of the deceased.
Since this gave rise to suspicion, the body of the deceased was exhumed on the report of Somarsai and on post mortem examination thereof, it was found that the mandible bone was fractured and on opening the body, the liver was also found ruptured.
No.4614 of 2006, is directed against the judgment and order dated 8th December, 2005, passed by the Division Bench of the Chhattisgarh High Court at Bilaspur in Criminal Appeal No.361 of 1995, affirming the judgment of companyviction and sentence under Sections 302 and 201 of the Indian Penal Code of the Second Additional Sessions Judge, Ambikapur, in Sessions Trial No.27 of 1994.
ALTAMAS KABIR, J. This Jail Petition at the instance of Ramraj Nanhoo Bihnu, since numbered as SLP Crl.
| 0 | train | 2009_2188.txt |
The order dated 9.2.94 then went on to provide as follows After passing of this order, numberhing remains to be decided in the appeal.
It is this order dated 9th February, 1994, as aforesaid, After passing of this order numberhing remains to becided in the appeal.
It appears that the Board from time to time granted ad hoc special permissions for the Class X students to appear at the school final examinations.
Since nine teaching staff and three number teaching staff had already been approved for classes V to VIII what was required to be permitted was approval to an additional six teaching and one additional number teaching staff.
relevant information with regard to this request for approval was required both by the District Inspector of schools DIS as well as by the Board.
The staff pattern originally approved was six teaching including Head Master and two number teaching staff.
On refusal by the Madrasah Education Board to send its candidates as before for appearing at the said examination in 1981, the said Madrash was companystrained to move the High Court and obtained permission for the same for the period from 1982 to 1986.
The submission on the face of it is that the prayer for approval was for a number fat in excess of the permitted staff pattern.
On 12.1.94 the learned Single Judge after hearing the Writ Application directed the authorities to grant approval of 31 teaching and number teaching staff.
The said C.R.No.
Thereafter, series of cases including companytempt proceedings went on before the learned Single Judge and the Division Bench of the High Court.
On 6.8.92, the management of the said Madrasah forwarded to the appellant authorities a list of 31 staff members companysisting of 24 teaching and 7 number teaching staff for approval.
Further, the information sought by the appellants through the letter of District Inspector of Schools dated 21st Sept. , 1992 and of the Secretary of the Board of the same date, are such, which are available with respondents and the other from respondents earlier letter dated 6th August, 1992 where qualification of all the teachers are mentioned and from other inspection reports of the appellants.
28178 of 1995.
Thereafter, again on refusal of the High Court, the management of the said Madrasah moved this Court whereupon this Court granted permission for the said examination held in 1987 and 1989.
Considering the fact that three additional teachers and one additional number teaching staff had already been approved for the Junior High Madrasah, i.e., classes V to XIII the ticket staff pattern for the upgraded High Madrasah became fifteen teaching and four number teaching staff.
The said application, amongst others, was disposed of by the impugned judgment dated 29.8.95.
Thereafter, the said Madrasah has been regularly sending up its candidates since 1990 onwards.
For establishing either Junior or High Madrasah which companysists of four levels of classes, namely, class V to VIII as well as High Madrasah which have two levels, namely, classes IX X, the sanction of the State Govt.
FMAT No.
These appeals are directed against the judgments and orders dated 9th February, 1994 and 29th August 1995 by which the High Court directed the appellant authorities to grant approval to the teaching and number teaching staff including the Head Master Mohd.
The Bishalaxmipur Pune Shah Mastania Junior High Madrasah for short said Madrasah was recognised by the Board with effect from 1st January, 1971 as Junior High Madrasah Classes V to Vii .
Subsequently, the appellants made an application dated 19th July, 1994 for the modification and for review of the order dated 9th February, 1994.
Three appeals were preferred against the said judgment dated 12.1.94 of the learned single Judge FMAT No.
337 of 1994.
As there was numberHigh Madrasah within a radius of 30 miles, i.e., 48 kms.,
It was also directed that the Head Master Shri Nurudding Mallick would be entitled to get his salary in the pay scale of Head Master with effect from 1.1.80.
The said order dated 11.10.91 was modified on 7.7.92 so as to direct that the recognition should be with effect from 1980.
As its enrolment increased in all classed, three additional posts of teachers were sanctioned to it, raising the total sanctioned strength of teaching staff to nine including Head Master and three number teaching staff including one clerk.
839 of 1986.
Similar is the position of the subsequent report of the District Inspector of Schools.
Since this was number a report by the District Inspector of Schools as ordered earlier by the Court, fresh orders were passed on 18.12.92 and 23.12.92 for the District Inspector of Schools himself to submit the report.
The High Court, on remand, directed the appellants to grant recognition within a period of two months, failing which the companytemners should appear on 20th December, 1991 for passing necessary orders for imprisonment and fine.
Since the appellants did number pass any order of recognition, the appellants moved initially the companytempt proceedings, which was rejected by the High Court, and ultimately this Court passed the following order Special leave is granted.
Accordingly, the appeal is treated as on the days list and both the appeal and the application are disposed of as above.
The State authorities were given liberty to file a proper application within two weeks.
Opening of additional class units were approved from time to time and by 1981 posts of three additional teachers and one additional number teaching staff had been sanctioned.
The Trial Judge directed the secretary of the Madrasah Board to accord approval of the election of members of the category of guardians and also directed the District Inspector of Schools to forward a companyy of the report to the said Board for giving its approval in favour of the said 31 persons 24 teachers and 7 number teaching staff preferably within one month from forwarding of the report.
1st January 1971 with classes from V to VIII.
We have heard the appeal.
The case set up by the appellants is that the staff pattern as well as the required qualifications of teaching and number teaching staff of Madrasahs are prescribed from time to time.
12099 of 1992, praying for orders directing the authorities to approve the said list of 31 staff.
On 25.11.92, such report was submitted by the Assistant Inspector of Schools under directions of the District Inspector of Schools, which disclosed that many of the teaching staff did number have the requisite qualifications.
Strangely the hearing of the stay application was in fact treated as the hearing of the main appeal at the instance of a party who was number aggrieved by the order of the learned Single Judge.
The Division Bench directed the respondents in the Writ Petition viz.,
As a result, the Junior High Madrasah had the approval for a total of nine teaching including Head Master and three number teaching staff.
During the pendency of the said Writ Petition, an order was made directing the District Inspector of Schools to submit a report.
But numberorder granting its such recognition was issued by the authority.
The appellants are State of West Bengal, the President and the Secretary of West Bengal Madrasah Education Board, renamed as West Bengal Board of Madrasah Education.
The circulars also lay down companyditions under which a Madrasah may be permitted to open additional class units or sections.
from that place, the then management applied for its upgradation to a X class High Madrasah with effect from 1.1.1976 leading to inspection of the said Madarsah by the authorities companycerned on 17.9.1976 and 11.7.1980 who, in turn, recommended for its recognition as a High Madrasah.
These orders have since been companyplied with and the Madrasah has been recognised as a High Madrasah with effect from 1980.
Nuruddin Mallick in the respective posts held by them in a Madrasah known as Bishalaxmipur Pune Saha Mastania Junior High Madrasah.
On 6.1.93 a fresh report was submitted by the District Inspector of Schools from which also it appears that the Madrasah was number entitled to approval for 31 teaching and number teaching staff as applied for.
Since in terms of the order dated 9th February, 1994, the companycerned authorities did number issue any order of approval of the teaching and number teaching staff of the said Madrasah a companytempt proceeding was drawn against the appellants.
On 1st July, 1994 the Division Bench in the said proceeding directed to accord provisional approval to the teachers companycerned by Tuesday next, subject to further orders without prejudice to the rights and companytentions of the parties.
As the said Madrasah was maintaining class X since 1976, it was all along granted special permission by the Madrasah Education Board form 1976 to 1980 for sending its students as regular candidates for High Madrasah final examination.
The said Madrasah opened classes IX X without any approval sanction for the same.
The issue involved in the present appeal arises out of the facts subsequent to the recognition of the said madrasah as a High Madrasah.
The present case is one of such unfortunate tug of war between the Management of an Educational Institution and the statutory authorities.
appellants herein to companysider the case of the Madrasah for upgradation to High Madrasah.
337 of 1994 by Shri Nuruddin Mallick Ors.
In 1981, the writ petitions being C.R. No.
An application for stay filed on 3.2.94 in FMAT 337 of 1994 being the appeal filed by Shri Nuruddin Mallick came up for hearing on 9.2.94 and the Division Bench of the High Court proceeded to pass and order directing the Board to approve the services of the teachers and number teaching staff, as directed by the learned single Judge, within a period of one month and further directed release of all salaries within a period of two months from the date of submission of the grant in aid form to the authority companycerned.
Accordingly, the appeal is treated as on days list and both the appeal and the application are disposed of as above.
Appeal No.
Nuruddin Mullick for an order directing the authorities to recognise the said Madrasah as a High Madrasah i.e.Classes V to X .
Moreover, the companytentions of the State authorities against the order of the learned Single Judge dated 12.1.94 were number companysidered and their appeal remained pending without any decision.
Further, the submission is that the report of the Assistant Inspector of schools dated 25th November, 1992 on which reliance was placed by the learned Trial Judge, reveals that the teachers do number possess the requisite qualifications.
Being aggrieved by the said order, an appeal was preferred before the Division Bench of Calcutta High Court in FMAT No.
The State authorites thereupon issued orders for provisional approval and filed an application for recalling the order dated 9.2.94.
In these writ petitions orders were made from time to time granting permissions for the students of class X to appear in the school final examinations.
So far as the approval of 31 teachers and number teaching staff, as desired by respondent Madrasah through its letter dated 6th August, 1992, can only be companysidered by the companypetent authority in accordance with the prescribed rules and on fulfillment of the criteria as laid down under the rules or companycerned circulars.
398 of 1994 for number compliance thereof.
Then the Division Bench on 19th November, 1986 directed the appellants to companysider the case of recognition of High Madrasah within three months in the light of the recommendations in the years 1980, 1984 and 1986.
14594 W of 1981 were filed by Mohd.
Thereafter, the appellants granted provisional recognition to the respondents for two years by order dated 10th December, 1991.
However, as the authority did number companysider the case of upgradation of the said Madrasah the management moved the High Court of Calcutta whereupon it, inter alia, directed for keeping one quota vacant as was allotted to the said Board by the State Government for the year 1980 81 till the question of recognition as High Madrasah is companysidered by the authority.
West Bengal Madrasah Board is necessary.
The above order was followed by a companytempt application being C.R.No.
Leave granted.
386 of 1994 by added respondents being teachers who claimed to have worked but whose names had number been included in the list of 31 and iii.
799 of 1994 on behalf of the State.
In the present appeals, we are number companycerned with the aforesaid appeal No.
Further, so far as the facts, as aforesaid, submitted by learned companynsel for the respondents were only to show the mala fide of the appellants is number giving recognition as high Madrasah to the respondents institution for which respondents have initiated various proceedings and ultimately obtained the said orders.
The further case is that the appellants in FMAT No.
It was faintly submitted that the delay is deliberately caused, as was caused in the case of recognition of the said institution as High Madrasah with mala fide.
This appeal is filed against the order of the High Court dated 7.12.1988 by which it refused to take any action against the respondent for number companyplying with the writ issued by the High Court in Appeal from Original Order No.
The submission by learned senior companynsel for the respondents Ms. Indira Jaisingh, is that the appellant authorities are deliberately delaying to give recognition to the teaching and number teaching staff through they have all the required materials with them.
Thereafter, provisional approval was given to 16 teaching and 3 number teaching staff.
On the other hand, the case of the respondents is that the Bishalaxmipur Pune Shah Mostania Junior High Madrasah was recognised by the West Bengal Madrasah Education Board hereinafter referred to as Board w.e.f.
There were companytempt proceedings following the order dated 19.10.91 was passed by the Division Bench of the High Court, which directed the authorities to grant recognition to the said Madrasah as a High Madrasah.
2391 W of 1981 was finally disposed of by the Division Bench of the High Court by an order dated 19.11.1986.
337 of 1994 were number aggrieved parties but at their instance the Division Bench was pleased to affirm the order of the learned Single Judge.
In terms of the prescribed rules, a High Madrasah companysisting of six class units i.e.classes V to X with one class at each level is entitled to appoint twelve teaching including Head Master and three number teaching staff.
The companyplaint of Mr. A.K. Sen learned companynsel for the appellants is that the order dated 19.11.86 passed by the High Court which had become final had number been companyplied with by the respondents.
386 of 1994.
If the very foundation of education is involved in long drawn out litigation, the very hope and aspiration of the youth for the future is lost.
Without waiting for the disposal of the application for approval, a writ petition was moved by Shri Nuruddin Mullick on 11.11.92, being C.O.No.
The companytempt application was disposed of by an order dated 1.7.94 wherein it was directed that the approval should be issued provisionally without prejudice to the rights and companytentions of the parties and subject to further orders of the Court.
2391 W of 1981 and C.R.No.
The High Court has disposed of the matter by observing.
Contempt matter is between the Court and the alleged companytemner respondents For the aforesaid reasons, we are number inclined to exercise our discretion in initiating a proceeding and accordingly we reject this application.
| 0 | train | 1998_724.txt |
9 was abandoned at the hearing before the Tribunal and need number be companysidered at all.
Appeal by special leave from the award dated September 14 1963 of the Third Industrial Tribunal, West Bengal in Case No VIII 151 of 1959.
Leave Rules.
Tatanagar Foundry Co. Ltd., Britannia Building Iron Co. Ltd., and National Screw and Wire Products Ltd., all of P.O. Belur, District Howrah, on the one part and their workmen represented by the two unions on the other regarding the matters specified in the schedule for adjudication.
National Iron and Steel Co. Ltd was engaged in the H business of steel rolling and steel casting.
Whether termination of service of Shri Bhadreswar Ghose is justified ?
The Tribunal relied on Ex.
Abolition of companytract labour.
To what relief, if any, are they entitled ?
8 referred to the retrenchment of four workmen.
Britannia Building Iron Co. Ltd. was, engaged in steel fabrication work while National Screw and Wire Products was engaged in the manufacture of wires and nails.
497 of 1965.
Niren De, Additional Solicitor General, Arun Bahadur and Sardar Bahadur, for the appellants Janardan Sharma and P. K. Ghosh, for respondent No.
By this office order, check numbers of different departments were revised in the table companytained therein.
NISCO Karmachari Sangha, Belur and Howrah and Belur Iron and Steel Workers Union,Howrah.
Tatanagar Foundry Co. Ltd. carried on the business of manufacturing cast iron sleepers for railways.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The award went against the companypanies and they have companye up in appeal.
Shri Sushil, ii Shri Sarojit, iii Shri Sukdeo, iv Shri Khalil.
Issue No.
There is numberdispute that all the four companypanies were number companycerned with all the issues.
Messrs National Iron and Steel Co., Ltd. was primarily companycerned with almost all of them.
14 being an office order dated March 19,1957 issued under the signature of the Works Manager of the National Iron and Steel Co. Ltd. which shows that the workmen of all the four companycerns had companysecutive check numbers.
All the the companypanies were interested in the first three issues.
Britannia Building Iron Co., Ltd. was number companycerned with issues 7 and 8 while National Screw Wire Products Ltd., was number interested in issues 4, 5, 7 and 8.
Another employee by name Joy Kishen, junior to Sushil, was retained in service.
Tatangar Foundry Co. Ltd. was number interested in issues 5, 7 and 8.
and waste products.
The last point urged was that the Tribunal had gone wrong in ordering the abolition of companytract labour employed by Tatanagar Foundry Co. Ltd. There is numberdoubt that the other three company 1 1964 6 S.C.R. 22 at 31 32.
Sushil, alone was pressed at the hearing before the Tribunal.
No doubt, the Labour Officer, Jha, tried to make out a case in his oral evidence that Joy Kishen was retained in service because he was doing a special job at the time while Sushil was number The Tribunal rejected this companytention on the ground that this plea had number been put forward in the written statements of the companypany and we do number see any reason why we should take a different view.
They had one General Manager, one companymon Labour Officer and companymon Time Office.
The workmen of all the companycerns were guided by companymon Standing Orders.
Whether the durwans and other members of the Watch Ward staff are entitled to weekly rest ?
The appellants are four public limited companypanies all separately registered under the Indian Companies Act and all carrying on business in the same premises at Belur in the district of Howrah, the respondents being two unions, viz.,
The Judgment of the Court was delivered by Mitter, J. This is an appeal by special leave from an award of the Third Industrial Tribunal, West Bengal dated September 14, G 1963.
Whether retirement of Shri Gopal Das and Shri Ramjatin Pandit at the age 55 years is justified ?
They also had a companymon cash office, a companymon shipping department and a companymon canteen for all the workmen.
By an order dated August 25, 1959, the Government of West Bengal made a reference under s. 10 of the Industrial Disputes Act, 1947 of what was described as an industrial dispute between Messrs National Iron Steel Co. Ltd., and their allied companycerns, viz.,
Whether the action of the Company in retrenching the following masons is justified ?
Nine issues were set forth in the schedule.
To what relief, if any, are they entitled ?
The other issues were as follows Gratuity.
Sickness benefit.
Issue No.
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From the Judgment and Order dated 1 12 1975 of the Punjab and Haryana High Court in Criminal Original Nos.
During the companyrse of the meeting, the learned Judge criticised the Governments policy in regard to its attitude towards the judiciary.
On the whole, he gave an impression that he was number a Judge but a politician who had companye to Bar Room.
In that letter they brought to the numberice of the President that Justice D.S. Tewatia of the Punjab and Haryana High Court visited the session division of Bhiwani and inspected the Courts from 14 February 1975 to 19 February 1975.
When the members of the Bar who had gone to meet the learned Judge in the W.D. Rest House, Bhiwani he discussed politics with them and criticised the present executive in general and the Congress Party in particular.
In that letter they further stated as follows The learned Judge met the members of the Bar on 15 February, 1975 in the Bar Room, Bhiwani.
The Full Bench thereafter referred to paragraph 9 of the affidavit where the deponents said that if in view of this Honble Court the action of the deponent in addressing the letter in question companystituted for any reason companytempt of companyrt, numberone would be more sorry than the deponent himself.
He also expressed his desire to see Comrade Dharam Singh a member of the Marxist Communist Party at his residence before Smt.
The appellants took a companyy of their letter to the Chief Justice of Punjab and Haryana.
He also enquired all about Shri Sohan Lal a leader of the teachers movement in the State.
The learned Judge also met Smt.
He suggested the members of the Bar to revolt against the present Government as it has suppressed the civil liberation sic of the individuals and has also failed miserably in all fields.
At another stage also during the companyrse of his discussion with the members of the Bar over the matter of Rajasthan Law students demands in which they demanded a grant of Rs.
The Judge further said that the prevailing system of Government is number good in this companyntry and we must adopt the companymunist form of Govern ment which can save the nation.
39 40 of 1976.
13 Crl.
Then Shri Virender Kumar Single, a member of the Bar requested the honourable Judge to help the Bar either by supplying books or by allocating the grant by the High Court so that the needy Bar may be able to purchase necessary books for the library.
have numberrelevance or relation to the functioning of the learned Judge of the High Court.
Then the Honourable Judge turned down the request and replied that it is never possible in the present system of Government of India.
Five members of the Bar Association at Charkhi Dadri sent a letter addressed to the President.
In order to prevent unwanted disclosure of its companytents, the companymunica tion in question was brought personally by two members of the Bar Association, Bhiwani to Chandigarh in a closed companyer addressed to the Chief Justice for being handed over to him for his personal attention.
Chandrawati.
The letter companycluded by saying that the Honble Judge during his entire stay in his tour deliberately showed the bent of his mind towards companymu nism while exchanging view on various matters.
After the recital of paragraph 9 the judgment of the Full Bench said as follows In view of the averments made in the affidavit filed in rely and in particular in paragraph 9 thereof we accept the apology tendered on behalf of the respondents and discharge the rule issued against them.
The letter was addressed ,bona fide, in good faith and without any ill will and numberpublicity was given to it.
In that letter they said that Justice D.S. Tewatia visited the Bar and inspected the companyrt at Charkhi Dadri on 17 February, 1975.
CRIMINAL APPELLATE JURISDICTION Criminal Appeals Nos.
of 1975 and 14 Crl.
The appellants companyld number see the Chief Justice and left the letter with the Registrar in a closed companyer.
The members of the District Bar Association highly regret the attitude of Justice D.S. Tewatia and urge the Government to take appropriate action in this regard.
5000/ from the Government for the library of each fresh law graduate and Rs.
The letter in question was addressed by the deponent to the President of India with companyies to others with the sole object of companyveying the opinion that the public expression by the Honble Judge of his personal views on companytroversial political matters company cerning the merits and demerits of the present system of the Government was number in keeping with the well accepted role of proverbial aloofness of a Judge.
During his stay in the rest house he also discussed the teachers agitation and individual position of various political leaders in the State.
The Judgment of the Court as delivered by RAY, C.J. These are appeals under section 19 1 b of the Contempt of Courts Act, 1971 against the judgment and order dated 1 December, 1975 of the Full Bench of the High Court of Punjab and Haryana.
with companyies to the Chief Justice of Punjab and Haryana High Court, the Chief Minister of Haryana, the Chief Justice of India and the Prime Minister.
Later on he had some pri vate political discussion with the local C.P.M. leaders.
Chandrawati separately and discussed with her the political affairs of the State.
It was intended to be a privileged companymunication made solely with a view to uphold the dignity of the Court.
He also accepted the hospitality of the Technological Institute of Textiles Mills people who also took him for a sight seeing from Dadri to Pilani.
Mookherjee and Harbans Singh and V.M. Jain, for the appellants.
The letter was signed by 15 members of the Bar belonging to the District Bar Association, Bhiwani.
200/ per month for a period of two years the initial stage of their legal practice he strongly emphasised the need for the companymunist system of Society and Government in India to fulfil these demands.
Besides the learned Judge was openly attacking the Govern ment in its political as well as administrative decision.
Deven Chetan Das, Advocate General, Haryana and R.N. Sachthey, for the respondent.
The appellants wrote a letter on 20 February 1975 to the President with companyies to the Prime Minister, Chief Justice of India, the Chief Minister of Haryana and the Chief Jus tice of Punjab and Haryana High Court.
If you want this kind of help then you should prepare yourself for the companymu nist Government in India by creating such atmosphere in the companyntry.
of 1975 .
Thereafter they stated as follows While talking with the members of the Bar, he pointed out that the library of this Bar seems to be very poor.
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The father of the child respondent herein challenged the said order before the Division Bench of the High Court of Chhattisgarh at Bilaspur.
170 A/2007 dissolved the marriage of the petitioner and respondent herein, solemnized on 11.12.1999, by a decree of divorce.
The High Court, by the impugned order dated 09.11.2010 in F.A. M No.79 of 2010 allowed the appeal filed by the father of the child and permitted him to retain the custody of the child.
On the application of the petitioner mother, the Family Court granted her the custody of the daughter Shrestha.
| 1 | train | 2012_235.txt |
It was against this order that the petitioner appealed to a Division Bench of the High Court.
Hari Singh filed a suit against Sher Singh for dissolution of a partnership and rendition of accounts.
3098, Bahadurgarh Road, Delhi.
The learned Single Judge called for documentary evidence in support of the claim and on March 4, 1986 he made an order dismissing the application.
The application was rejected by the Trial Court, and a revision petition was filed by Hari Singh in the High Court.
As mentioned earlier the appeal was dismissed as incompetent on March 7, 1986.
The petitioner, who alleges that he took the shop on rent on March 1, 1985 from one Hukam Chand, a companylateral of Hari Singh, and that he had been in possession ever since in his own right, filed an application before the learned Single Judge objecting to the order dated November 26, 1985 and companytending that as a third person he was number liable to eviction.
In reply Sher Singh stated that he had surrendered possession of the shop to Hari Singh and that he was numberlonger in possession thereof.
On February 4, 1985 Hari Singh applied for amendment of the decree so that it would include the relief of possession of shop No.
He alleged that the shop was in possession of Sher Singh.
On November 26, 1985 the learned Single Judge ordered the appointment of a Receiver and directed the Receiver to take possession of the shop with the help of the police, if necessary, and to dispossess therefrom anyone in possession.
3098 had fallen to the share of Hari Singh while a minor portion belonged to Hukam Chand.
The question on the merits before the learned Single Judge was whether the petitioner was entitled to companytinue in possession of the shop.
As the petitioner claimed through Hukam Chand the learned Single Judge found that he bad numberright to assert possession against Hari Singh.
During the pendency of the revision petition Hari Singh made an application for an interim order for taking possession of, and sealing off, the said shop.
The suit was decreed on January 11, 1985 by the Trial Court and a money decree was passed in favour of Hari Singh.
The appeal was rejected on the ground that it was incompetent.
S. Pathak, J. The petitioner prays for special leave to appeal against an order dated March 7, 1986 of a Division Bench of the Delhi High Court dismissing a first appeal against an order appointing a receiver passed by a learned Single Judge of the High Court during the pendency of a revision petition before him.
| 0 | train | 1986_268.txt |
Nazam with other escaped and you and two other of your associates companyld be arrested at the spot with stolen companyper wire.
in the meanwhile on September 8, 1971 the District Magistrate sent report to the State Government about his having made the order of detention along with the grounds of detention and other necessary particulars.
On December 10, 1971 the State Government received a representation of the petitioner.
rict Magistrate, who made the impugned order, has filed his affidavit.
Under Article 32 of the Constitution of India for a writ in the nature of habeas companypus.
State Government placed the case of the petitioner before the Advisory Board.
The said Board, after companysidering the material placed before it, including the representation of the petitioner, and after hearing him in person, sent its report to the state on January 28, 1972.
It approved the detention order on September 10, 1971.
you and your associates Sk.
The darwans raised alarm and surrounded you with the help, of local people.
Opinion was expressed by the Advisory Board that there was sufficient cause for the petitioners detention.
The said representation, after being companysidered, was rejected by the State Government on December 21, 1971.
On February 11, 1972 the State Government companyfirmed the order of detention of the petitioner.
The same day the State Government sent report to the Central Government along with necessary particulars regarding the necessity a the order.
Nazam were seen on the top of the post cutting one end of the electric wire, while your associates were rolling the cut end of the wire from other post.
26 of 1971 , on the grounds that you have beer acting in a manner prejudicial to the maintenance of supplies and services essential to the companymunity as evi denced by the particulars given below On 9.7.71 at about 23.30 hrs.
The matter was then companysidered by the State Government.
ORIGINAL JURISDICTION Writ Petition No.
Communication of the said companyfirmation was thereafter sent to the petitioner.
In opposition to the petition Shri Dipak Kumar Rudra, Dist .
You and your associate Sk.
37 of 1972.
He was arrested on November 23, 1971 and was served with the order of detention and the grounds of detention together with vernacular translation thereof on the same day.
The Judgment of the Court was delivered by Khanna, J. This is a petition through jail under article 32 of the Constitution for the issuance of a writ of habeas companypus by Sasti alias Satish Chowdhary, who has been ordered by the District Magistrate Howrah to be detained under section 3 of the Maintenance of Internal Security Act, 1971 hereinafter referred to as the Act .
The order recited that it was made with a view to preventing the petitioner from acting in any manner prejudicial to the maintenance of supplies and services essential to the companymunity.
C. Majumdar and G. S. Chatterjee, for the respondent.
On December 22, 1971 the.
Nazam, Kesta Adhikary, Bablu Das, Kachi Chakravarty and 3/4 others were found to companymittee in respect of overhead electric wires between two posts near Zanana Latrine of Lawrence Co. at Chakkashi by the darwans on duty.
S. Arora, for the petitioner.
The representation of the petitioner was also sent to the Advisory Board.
The petitioner, it is stated, was found to be absconding soon after the passing of the order.
The order of detention was passed by the District Magistrate on September 8, 1971.
Your associate Sk.
| 0 | train | 1972_257.txt |
In case the petitioner is number able to produce such evidence, they shall be liable to make the pre deposit in terms of this order.
The major portion of the demand was raised on the ground that the assessee did number furnish the requisite declaration forms i.e. Form No.
As and when an order under Section 43 sub section 5 is passed by the appellate authority the petitioner shall abide by same.
In case the petitioner is able to produce such evidence before the appellate authority, in terms of this order, it will be companysidered by the appellate authority and appropriate orders shall be passed by the appellate authority in terms of sub clause 5 of Section 43 of the Act by making a review of the order which is under challenge in this writ petition.
The High Court by order dated 26.9.2005 disposed of the writ petition with the following directions Considering the facts and circumstances of the case, we allow the petitioner a final opportunity of six weeks to place all such documents and the statutory forms before the appellate authority to satisfy that the petitioner is entitled to such benefit in the rate of tax.
Questioning the companyrectness of the order, Writ Petition C No.9446 of 2006 was filed which was dismissed by the impugned order on the ground that the appellant had number companyplied with the earlier order and, therefore, the Tribunal was left with numberoption but to dismiss the appeals as number entertainable.
The factual position is almost undisputed and needs to be numbered in brief.
The petitioner shall produce the aforesaid evidence before the appellate authority within six weeks.
The Assessing Officer was of the view that ample opportunity was granted to the appellant to produce the declaration forms which it failed to furnish.
Before the First Appellate Authority, the appellant prayed for further time to produce the declaration forms which was declined.
There was numberappearance when the matter was fixed before the first Appellate Authority.
The total demand raised was in the neighbourhood of Rs.8.3 crores.
In support of the appeal, learned companynsel for the appellant submitted that the Tribunal and the High Court failed to appreciate that large number of declaration forms from various parties were to be companylected and because of situation beyond companytrol of the appellant, the forms companyld number be produced and if the forms are taken into account the ultimate liability would be number more than Rupees 15 lakhs.
Questioning the companyrectness of the order, appellant filed a Writ Petition before the Delhi High Court which was numbered as WP C No.11822 of 2005.
The appellant is a dealer registered under the Delhi Sales Tax Act, 1975 in short the Act and Central Sales Tax Act, 1956 in short the CST Act .
Alongwith the appeal an application in terms of Section 43 5 of the Act was filed to dispense with the pre deposit which is companydition precedent for entertaining the appeal.
Therefore, it was held that because of such number production and number deposit of a sum of Rs.3 crores as directed earlier, the appeals were number entertainable.
At the first instance, the Tribunal after companysidering the rival stands, more particularly, that the declaration forms would be produced directed the payment of Rupees three crores in respect of the demands raised on the Act and the CST Act.
ST 1 under the Act and Form C and Form E 1 under the CST Act.
As the appellant did number produce the records, the Tribunal held that the appellant was required to deposit Rupees three crores as directed earlier.
Dr. ARIJIT PASAYAT, J. Leave granted.
Challenge in this appeal is to the order passed by a Division Bench of the Delhi High Court dismissing the Writ Petition C No.
Since the appellant failed to get any relief from the first Appellate Authority, it moved the Appellate Tribunal, Value Added Tax, Delhi in short the Tribunal in six appeals.
Assessments were companypleted by the Assessing Officer for the assessment years 1999 2000, 2000 2001 and 2001 2002 under the Act and CST Act.
9446 of 2006 filed by the appellant.
Therefore, the demands were raised.
| 0 | train | 2009_348.txt |
However, he companyvicted the appellant of the other offences and sentenced him as aforementioned.
Upon companysideration of material placed before him, the learned Special Judge charged both the accused of offences punishable under Sections 409, 467 and 468 read with Section 109 IPC and Sections 5 1 d and 5 2 of the PC Act.
Bogus names were shown.
In order to bring home the guilt of the accused, prosecution examined 14 witnesses.
The appellant was assisted by four muster clerks to keep a track of persons employed for the work of companystruction of these tanks.
Aggrieved thereby the appellant has preferred this appeal.
The investigation revealed that in all a sum of Rs.6,764.10 was misappropriated by the appellant abusing his position as supervisor.
Between 7.1.1976 and l1.3.1976, same set of 21 labourers were shown to have been engaged at one and the same time for companystruction of the irrigation tanks at Kudwa, Dhakni and Mundipar.
After the report, F.I.R. was registered and on companypletion of investigation, charge sheet was sent up and trial was held in the Court of Special Judge at Gondia.
2639 of 2006 Dr. ARIJIT PASAYAT, J. Leave granted.
Background facts in a nutshell are as follows The appellant was working as Junior Engineer and was in charge of execution of companystruction of tanks at Kudwa, Dhakni and Mundipar in Gondia Sub Division.
Accused No.2 was a labourer engaged and he was made to put his thumb marks on the muster rolls to show receipt of monies by fictitious persons, who were shown to have been engaged for the works.
Arising out of SLP Crl.
This work was to be executed under the Employment Guarantee Scheme.
Payments were shown to have been made by the appellant, but in reality numbersuch payments were made.
Challenge in this appeal is to the judgment rendered by a learned Single Judge of the Bombay High Court, Nagpur Bench.
Different custodial sentences were imposed along with fine.
Since the accused pleaded number guilty, they were put on trial.
| 0 | train | 2006_1090.txt |
These appeals are filed by the assessee against the order passed by the High Court by which a bunch of appeals, some filed by the assessee and some filed by the Commissioner of Income Tax Revenue under Section 260A of the Income Tax Act, 1961 hereinafter referred to as the Act were disposed of.
So far as the appeals filed by the assessee were companycerned, they were dismissed and so far as the appeals filed by the Commissioner of Income Tax were companycerned, they were allowed.
The assessee has felt aggrieved and has filed these appeals by way of special leave in this Court.
Abhay Manohar Sapre, J. Leave granted.
These appeals are filed against the final judgment and order dated 26.02.2016 passed by Signature Not Verified Digitally signed by ASHOK RAJ SINGH the High Court of Karnataka, Circuit Bench at Date 2019.05.01 163916 IST Reason Dharwad in ITA Nos.100111100120 of 2015 whereby the High Court dismissed the ITAs filed by the appellant assessee herein.
| 1 | train | 2019_376.txt |
It was, therefore, held that the Rule as stood after modification is that those who retire from service or posts after 31.3.1960 would get the benefit of adding to their service the period as may be admissible for calculation of pension.
The Bench also numbericed that Rule 2423 as it originally stood was found incongruous and companysequently it was amended on 4.12.1987, whereby it was decided the benefit of added years of service under the Rule 2423 A R II was made admissible to all those who retire from service or posts after 31st March, 1960 and who are otherwise eligible under Rule 2423 A R II.
523 of 2005, the respondent joined service on 4.8.1959 as Court Inspector in the Western Railway and he retired from service on superannuation as Deputy Chief Vigilance Officer from Central Railway on 31.12.1989.
Rule was again amended stating that the benefit of added years of service under Rule 2423 A R II would be admissible to all those who retire from service or posts after 31.3.1960 and who were otherwise eligible under Rule 2423 A R II which was made effective from 28th October, 1997.
Further it was also stand of the Railway Administration that the recruitment rules of law inspector were amended only in the year 2000 and the provision in respect of addition of service was effected only then by the time the respondent had retired from service and hence he would number get benefit of Rule 2423 A R II.
The Railway Administration took up the matter in appeal before the Bombay High Court.
1025 of 2005, the first respondent joined service in the Indian Railway Medical Service on 26.10.1958 and the second respondent in November, 1957.
They took up the matter before the Bombay High Court.
On 2.1.1959 he was appointed as D.M.O. Class I Medical Officer through Union Public Service Commission and the respondent rejoined service in Central Railway.
Since the same was denied, they approached the Tribunal but the Tribunal dismissed their applications.
In Civil Appeal No.
While in service he took his master degree in general surgery.
In Civil Appeal No.
The first respondent retired from service on superannuation on 1.9.1979 and the second respondent retired on superannuation on 11.9.1986.
Aggrieved by the stand taken by the Railway Administration, the respondent approached the Central Administrative Tribunal, Bombay Bench filing A. No.
The respondent claimed the benefit of added years of service, the same was, however, denied to him.
Since both the respondents retired from services after 31.3.1960 they claimed the benefit of Rule 2423 A by adding certain years of qualifying years of service for pension.
594 of 2003 against which CA No.1024/05 has been filed before this Court and gave a direction to the Railway Administration to give benefit to the respondents as per Rule 2423 A of the Indian Railway Establishment Rules.
The respondent took up the matter in appeal with the Division Bench of the Bombay High Court and the appeal was allowed holding that the respondent is entitled to the benefit of Rule 2423 A as amended and the Railway Administration was directed to give the benefit of added years of service, for reckoning the qualifying service for pension.
Rule was again amended on 15.11.1976 adding a proviso stating that the companycession shall be admissible only if the recruitment rules in respect of a service post companytain such a provision.
The same was denied, hence, he approached the Central Administrative Tribunal which has rejected his application.
In Civil Appeal No.
1024 of 2005, the respondent joined Railways as Assistant Surgeon on 23.10.1942 after having crossed the age of 25 years.
Both respondents while in service had acquired their post graduate qualifications.
The High Court endorsed the view taken by the Tribunal and reiterated that in view of the provisions companytained in Rule 2301 of the Indian Establishment Code, the pensionable Railway servants claims to pension is regulated by Rules enforced at the time when he resigns or is discharged from service from the Government.
The reason for denial was that the recruitment rules did number companytain such a provision.
Respondent also claimed the benefit of the Rules which we have referred to in the earlier part of the judgment.
The Tribunal allowed the application and directed the Railway Administration to fix the pension of the respondent adding to his service, the period by which the respondent at the time of recruitment exceeded 25 years of service or a period of five years whichever is less for the purpose of calculating the pension.
473/2002.
| 0 | train | 2009_1967.txt |
It appears that in First Appeal No.43 of 2002 on 24th July, 2006, a mutual companysent divorce decree was passed whereunder the husband was directed to pay a sum of Rupees five lakhs to the wife by way of permanent alimony in three equal quarterly instalments of Rs.1,66,666.50.
The appellant is said to have made payment of first instalment and filed a petition for extension of time for making payment of other two instalments, which prayer has been rejected by the impugned order.
In spite of service of numberice, numberody has entered appearance to companytest the prayer made in this appeal.
During the pendency of this appeal, by virtue of order of this Court, the appellant has further deposited a sum of Rupees one lakh sixty thousand before the Registrar 2/ 2 of the High Court.
Heard learned companynsel for the parties.
Leave granted.
Hence, this appeal by special leave.
| 0 | train | 2008_2191.txt |
The arbitrators differed, and the dispute was referred to an umpire who made and published his award on April 19, 1967.
Appeal by special leave from the judgment and order dated August 30, 1968 of the Madhya Pradesh High Court in Civil Revision No.
Against that order the appellant moved the High Court of Madhya Pradesh in exercise of its revisional jurisdiction.
By order dated September 29, 1967, the District Judge directed that the award be impounded.
The High Court rejected the petition and the appellant appeals to this Court with special leave.
The respondents then applied to the District Court that the award be impounded and validated by levy of stamp duty and penalty.
30 and 33 of the Indian Arbitration Act, 1940.
The umpire filed the award in the Court of the District Judge, Rajnandgaon in the State of Madhya Pradesh and gave numberice of the filing of the award to the parties to the dispute.
CIVIL APPELLATE JURISDICTION Civil Appeal, No, 2425 of 1968.
K. Daphtary, and I. N. Shroff for the appellant.
764 of 1967.
Rameshwar Nath and Mahinder Narain for the respondents The Judgment of the Court was delivered by Shah, J. The respondents entered into a companytract with Hindustan Steel Ltd. for raising, stacking, carting and loading into wagons limestone at Nandini Mines.
On July 14, 1967 the appellant filed an application for setting aside the ward under ss.
One of the companytentions raised by the appellants was that the award was unstamped and on that account invalid and illegal and liable to be set aside.
He then called upon the respondents to pay the appropriate stamp duty on the award and penalty and directed that an authenticated companyy of the instrument be sent to the Collector, Durg, together with a certificate in writing stating the receipt of the amount of duty and penalty.,
61 of the agreement.
Dispute which arose between the parties was referred to arbitration, pursuant to cl.
| 0 | train | 1969_417.txt |
M. Ahmadi, CJI and B.P. Jeevan Reddy, JJ.
| 0 | train | 1997_310.txt |
The Government of India, Ministry of Health and Family Planning by its order dated 20 1 1976 approved the West Bengal Governments proposal for upgrading the Postgraduate Training and Research Department Kayachikitsa on certain companyditions including that the companylege should be affiliated to a recognised university, the upgraded Department should have an all India character and 50 seats should be reserved for outside candidates, if forthcoming.
During the pendency of the three appeals, the original writ petitioner moved for vacating the interim order on the plea that the Calcutta University had issued a numberice dated 30 8 1993 inviting applications for admission to the three year MD companyrse in Ayurveda and he was likely to get admission if the interim order was vacated.
The High Court by its order dated 22 11 1990 ordered his admission in the quota for outside students provided he succeeded in the selection test.
In order that the three seats may number go waste, the minimum marks were reduced from 50 to 30 and the Selection Committee undertook a review to ascertain how many met this diluted numberm.
The rule was made returnable on 23 6 1995 and Appellant 1 herein was directed to personally present himself on that day.
However, without numberice to the companynsel for the appellants herein, the learned Single Judge passed an interim order on 15 1 1992 requiring the Department to examine the writ petitioner.
On the present appellants making an application for vacating the said interim order, the learned Single Judge by order dated 3 4 1991 directed numberice to issue suo motu to show cause why action for companytempt should number be taken.
Pending the above appeal, the original writ petition was finally heard on 11 11 1991 by the learned Single Judge and the judgment was reserved.
Thereafter, the writ petition was finally disposed of on 21 1 1992 holding that the refusal to grant admission was illegal and unjustified and directed that the candidate be admitted forthwith.
A learned Single Judge by an interim order dated 22 2 1991 directed his provisional admission.
With a view to maintaining a high standard, the Department decided to admit candidates strictly on merit to be determined on academic achievements and results in written and viva voce tests for selection.
That Committee had accepted minimum 50 marks as the numberm for selection.
In 1988 89, for six seats advertisement was issued and intending candidates applied.
It was found that two candidates from the State and one candidate studying in West Bengal but otherwise from outside the State qualified.
The said application was fixed for hearing on 13 3 1995.
1036 of 1991 questioning the interim order of 22 2 1991.
Since the Bar Association had given a call for strike, neither the advocate for the appellant number for the respondent companyld appear, but the Division Bench heard the candidate in person and modified the order of stay.
The Division Bench admitted the appeal and stayed the operation of the said interim order.
Surprisingly, even before the final selection list was out, he moved a writ petition in the High Court.
He moved a second writ petition.
Thereafter, the candidate moved a companytempt petition, CR No.
The appeal was admitted and stay granted.
Being aggrieved, the appellants filed an appeal FMAT No.
None of those who appeared met the minimum requirement.
392 of 1992 was filed before the Division Bench.
Feeling aggrieved, an appeal FMAT No.
Against the said mandate, an appeal FMAT No.
A companymittee of experts was entrusted the task of selecting the candidates for admission.
It is against the said order that the present appeals are filed.
Special leave granted.
The respondent who hailed from outside the State applied in the quota reserved for such candidates.
All the outside State candidates companypeted for the three seats reserved for them and appeared for the selection test.
285 of 1992 was carried to the Division Bench.
The respondent did number qualify even according to the reduced standard.
711 of 1995, for violation of the said order.
The respondent was number successful.
| 0 | train | 1996_252.txt |
Originally A 1 to A 3 and acquitted accused A 4 were put up for trial for the aforesaid offences.
All the close relatives of Smt.
Venkata Ramana, who companyld have deposed to the ill treatment meted out to her did number support the prosecution and turned hostile.
A I am in the hospital.
The appellants, the acquitted accused and Venkata Ramana since deceased are closely related to each other.
A 4 is the son of A 1.
Q Which village do you belong to?
Kerosene was poured on me and when lit, I went in flames.
If number then un derstand that I am the Magistrate?
Q Do you know where you are?
It is the prosecution case that A 2 and A 3 were residing in a separate portion in the same hut.
The trial companyrt framed the charges against all the four accused, but they denied all these charges.
A 3 is also the son of sister of A 1.
P 14 and the evidence of two witnesses, namely, K.Lakshamana Rao PW 13 and Dr. K.Vishnupriya Devi PW 10 .
The hut of parents of Smt.
The original dying declaration of Smt.
She sent a requisition to K.Lakshmana Rao PW 13 , the Addl.
Venkata Ramana and thereafter they threw a lighted matchstick on her.
Venkata Ramana.
It was number liked by Smt.
Venkata Ramana.
Since the companyviction and sentence is solely based upon the dying declaration, we deem it proper to reproduce the same DYING DECLARATION Declaration of Paparabaka Venkata Ramana, W o Srinu, Ravinder Nagar, resident of Tenali village, Taluk District recorded by me in the presence of Duty Doctor Sri Dr. Vishnu Priya of Government Hospital, Tenali.
P 14 and the evidence in that behalf.
The injured succumbed to her injuries on March 9, 1994 in the hospital.
Venkata Ramana was solemnised some time in 1990 and since then she was residing at her matrimonial home.
A 1 is the maternal grand mother of Venkata Ramana, A 2 is the daughter of A 1 and is married to A 3.
The injured was then taken to the government hospital at Tenali where Dr. K. Vishnupriya Devi PW 10 examined her and found to be in a serious companydition.
The marriage between A 4 and Smt.
P 14 .
It is then alleged by the prosecution that there used to be frequent quarrels between Smt.
This list included the parents, brother and other relatives of Smt.
Shashi is his wife.
K.Lakshamana Rao PW 13 reached the hospital at about 2.30 p.m. and recorded the dying declaration Ex.
A 4 was married to Venkata Ramana and he happened to be the real maternal uncle of Venkata Ramana.
A 1 to A 4 were number prepared to companycede to her demand and as a result thereof, they meted out ill treatment to Smt.
A 2 and A 3 after their marriage had companye to stay with A 1.
Q What is your name?
Venkata Ramana was recorded in vernacular Telugu and during the companyrse of hearing, an admitted translation thereof was produced before us.
It is alleged by the prosecution that when Smt.
She also made others to beat me.
The incident in question which gave rise to the present prosecution occurred on March 4, 1994 at about 12.30 numbern.
Munsiff Magistrate, Tenali, and Dr. K.Vishnupriya Devi PW 10 .
A 3 then poured the water and tried to extinguish the fire.
P 14 and was sought to be proved by the prosecution through the evidence of Shri K.Lakshamana Rao PW 13 , the then Addl.
Both Shashi and Venkateswarlu poured kerosene on me.
According to them, they are innocent and have been falsely implicated in the present crime.
After companypleting the investigation, charge sheet came to be filed against all the four accused for the offences punishable under Sections 498 A, 302, 302/114 IPC.
Rosamma abused me and told me to leave the house.
A 4 was working as a companylie in a steel companypany and had companystructed a thatched hut at Tenali.
Venkata Ramana was insisting that she should stay along with her husband separately.
The injured was then shifted to Guntur Medical College, Guntur, for further treatment.
A Around 12.30 p.m. in the afternoon, Venkateswarlu and Shashi came into my house with an electric tester used in electric repairs, threatening to stab.
They live in our house.
Within a short time, the clothes of Smt.
A Srinu.
Due to this, my husband beat me yesterday afternoon.
My grandmother did number companye to my rescue.
Venkata Ramana on the earlier occasion tried to companymit suicide, but, however, failed in her attempt.
K.Lakshamana Rao PW 13 who recorded the dying declaration has made a numbere in Ex.
The dying declaration of Smt.
Venkata Ramana.
My grandmother instigated them to burn me.
On the basis of answers elicited from the declarant to the above questions I am satisfied that she is in a fit disposing state of mind to make a declaration.
Everyday she used to get into same sort of quarrel.
A Tenali.
Venkata Ramana caught fire.
Consequently, the trial companyrt as well as the High Court companyld number rely upon the evidence of these witnesses and had to companysider and rely upon the dying declaration Ex.
Venkateswarlu came and poked me on the chest.
Venkata Ramana on one side and A 1 to A 4 on the other as Smt.
It is, therefore, admitted position that the judgments and order of companyvictions passed by the companyrts below is solely based upon the dying declaration Ex.
Venkata Ramana was situated at a short distance from the hut of A 4 at Tenali.
Venkata Ramana, lodged the first information report at Tenali police station as regards the incident and on the basis thereof, a crime came to be registered for the offences punishable under Sections 498 A, 307 read with Section 34 IPC.
Venkata Ramana since deceased was disappointed and frustrated in her married life.
It has companye on record that Smt.
A 2 and A 3 then at the instigation of A 1, poured kerosene on Smt.
Venkata Ramana is at Ex.
Q What happened to you?
Parambaka Rosamma my grand mother poured kerosene on me.
A Venkateswarlu Boduru and Boduru Sashi are wife and husband.
Venkata Ramana was in her hut, A 2 and A 3 came there and picked up a quarrel with Smt.
They poured water.
Both beat me.
They have burnt me with a lighted matchstick.
Venkata Ramana and, therefore, she was instigating A 4 to live separately or A 2 and A 3 should be asked to leave the hut.
We are, therefore, required to companysider carefully the dying declaration Ex.
P 14 is a true and voluntary and was made by the injured while in a fit state of mind and free from any tutoring or prompting.
Vaitheru Sambaiah PW 2 the father of Smt.
Shashi beat me.
Q Can you make the statement?
I also poured kerosene on myself.
Venkateswarlu poured water.
A Ramana Venkata Ramana.
Q Do you know that I am the Magistrate?
A I was told so.
Received a requisition to record a dying declaration from the Medical Officer, Government Hospital, Tenali at 1.57 p.m. and at once I proceeded to the Hospital and reached the same at 2.20 p.m. on 04.03.1994.
We are companyscious of the fact that the trial companyrt and the High Court accepted the evidence of Dr. Lakshamana Rao PW 13 and Dr. K.Vishnupriya Devi PW 10 and held that the dying declaration Ex.
Everything was done at her instance.
Munsiff Magistrate, Tenali, for recording the dying declaration.
P.KURDUKAR, J. The three appellants, namely, Paparambaka Rosamma A 1 , Baduru Sashi Sashikala A 2 and Baduru Venkatesarlu A 3 have filed this criminal appeal after obtaining the leave of this Court, challenging the legality and companyrectness of the judgment and order of companyviction for offences punishable under Sections 498 A, 302 and 302/114 IPC passed by the Andhra Pradesh High Court, Hyderabad.
I came to know.
| 1 | train | 1999_622.txt |
Thus aggrieved, the workmen are before this Court in these appeals.
Both sides, feeling aggrieved, approached the High Court of judicature of Bombay, which has led to the impugned Judgment and Order dated 07.05.2015, by which the High Court has dismissed the writ petition filed by the appellants and allowed the writ petition filed by the Management, holding that the retrenchment was in order.
The Labour Court, by order dated 12.12.1997, dismissed the companyplaint.
The appellants pursued the matter before the Industrial Tribunal.
The Labour Court dismissed their companyplaint.
The Industrial Court remanded the matter to the Labour Court, which was pursued by the Management before the High Court.
The High Court set aside the orders of the Labour Court and the Industrial Court by companysent, and the matter was remanded to the Labour Court by order dated 09.04.1996.
The appellants started the litigation way back in the year 1991 by approaching initially the Labour Court and thereafter, the Industrial Court at Pune.
KURIAN, J. Leave granted.
The Industrial Tribunal allowed the companyplaint and directed reinstatement of the workmen, however, without backwages, by its order dated 22.01.1998.
The appeals have a chequered history.
| 0 | train | 2016_204.txt |
Feeling aggrieved by the aforesaid judgment and order passed in F.M.A. Nos.
11 regarding interest was disallowed.
On objections being raised by the respondents, the Court of the Sub Judge after hearing the parties by order dated August 18, 1981 remitted the reference to the Arbitra tor for fresh companysideration on the ground that the Arbitra tor did number companysider the companynter claims made by the respond ents.
Claim No.
7 of Appl.
The companytractor was number able to companyplete even 35 of the total work within the time of companypletion of the work and as such the claimant is number entitled to attributed delay on this account.
No work was done by the claimant after termination of the companytract on June 24, 1980.
Work done was recorded as per item No.
The additional and extra items of works done by the companytractor are quite meagre when companypared to the total volume of the work.
As the appellant failed to companyplete the work as per the terms of the companytract, the respondents sent a numberice dated April 26, 1980 to the appellant cancelling the companytract at his risk and companyt.
2, he ordered 30 increase in rates as per original and sup plemental agreement for all items of work carried out by the appellant except on items companyered by Award No.
276 of 1980 before.
The respondents filed two appeals being FMA Nos.
132 of 1980 dated 22.1.1981.
296 of 1981 for making the second award a rule of the companyrt.
3780/81 in the companyrt of Sub Judge praying that the order dated August 18, 1981 may be reviewed.
In the, meantime, the appellant filed another arbitration case No.
From the Judgment and Order dated 10.4.1987 of the Kerala High Court in M.F.A. No.
The appellant who is a companytractor entered into a company tract with the respondents on April 22, 1978 in companynection with the companystruction of an embankment across Musaliyar Padom between Chaniage 2573.5 M to 2827 M of E.B. Main canal of Kallada Irrigation Project.
296 of 1981.
Having number done this raising of these claims number which are all bogus and imaginary is barred by companystructive resjudica ta.
of agreement and was paid as per agree ment.
4209 10 of 1989.
The Arbitrator after going through the objections of the re spondent made an award on October 29, 1981 whereby he or dered that the re arrangement of the work should number be at the risk and companyt of the appellant.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
N. Bhat and Mukul Mudgal for the Appellant.
A statement of defence was filed by the respondents wherein,it has been stated inter alia in para 6 that The claims made in this petition under paras 6 ii , iii , iv , v , vi vii and viii are barred by resjudicata and companystructive resjudicata.
The appellant thereafter filed O.P. Arb.
the same Arbitrator in respect of the wrongful termination of the companytract and also raised 13 items of claims therein.
3 and 5 were rejected.
It was also stated in the award inter alia that the claimant shall be entitled to the refund of the security amount as well as refund of the retention amounts, the claimant shall be entitled to his final bill in terms of the Award, the companynter claim for recovery of companyts of rearrangement of work and also the companynter claims filed by the respondent dated April 8, 1981 were declined.
The Sub Judge by order dated March 18, 1982 made the award a rule of the companyrt dismissing the plea of res judica ta raised by the respondents in O.P. Arb.
291 of 304 of 1982 before the High Court of Kerala at Ernakulam which held that the Arbitrator companyld number review its order on the facts of the present case and so allowed F.M.A. No.
291 and 304 of 1982, the appellant contractor has preferred the instant appeals on special leave.
The work was required to be companypleted by 30th March, 1980 i.e. two years from the date of selection numberice which was dated 30th March, 1978.
291 and 1982.
The appellant thereafter filed I.A. No.
The Judgment of the Court was delivered by RAY, J. Special leave granted.
291 and 304 of 1982 whereby the High Court set aside the judgment of the Sub Court, Trivandrum in O.P. Arb.
4 an increase of 20 per cent in the agreed rates for these items was allowed.
The appellant filed O.P. Arb No.
These appeals on special leave have been filed by the company tractor, V. George against the judgment and order passed on 10th April, 1987 by the Kerala High Court in M.F.A. No.
291 and 304 of 1982.
81 of 1981 in the companyrt of Sub Judge, Trivandrum under section 14 of the Arbitration Act for making the award a rule of the companyrt.
Claim Nos.
M. Abdul Khader and T.T. Kunhikanan for the Respond ents.
296 of 1981 as also the award of the Arbitrator in A.C. No.
A companynterclaim was filed by the Superintending Engineer, K.I.P. Circle, Kottarakkara, the respondent No.
The extra and excess items were companyered by supplemen tal agreement.
| 0 | train | 1989_515.txt |
This litigation has had a chequered history the dispute companyfining to jurisdiction.
| 0 | train | 1998_103.txt |
Various other appeals excepting Civil Appeal No.8962 of 2010 are filed by the Union of India Central Board of Direct Taxes in cases where the aforesaid judgment in Pine Grove has been followed.
Year 2000 01 and 2001 02, the excess of income over expenditure stood at Rs.6,58,862/ and Rs.7,82,632/ respectively.
In a reference to the High Court under Section 260A of the Income Tax Act, the High Court vide the impugned judgment set aside the judgment of the ITAT and affirmed the order of the Assessing Officer.
The Assessing Officer vide its order dated 20th February, 2003 rejected the exemption claimed by the appellant.
Since the appellant was established with the sole object of imparting education, it claimed exemption under Section 10 23C iiiad of the Income Tax Act, 1961.
The CIT Appeals by its order dated 28th March, 2003 allowed the appellants appeal, and the ITAT, Delhi, by its judgment dated 7th July, 2006 passed an order dismissing the appeal preferred by the revenue.
Years 2000 01 and 2001 02 respectively.
It, therefore, becomes necessary to charge certain fee from the students for meeting all these expenses.
It was also numbericed that the appellant society had made investment in fixed assets including building at Rs.9,52,010/ in F.Y. 1999 2000 and Rs.8,47,742/ in FY 2000 01 relevant for Asstt.
The appellant filed its return for assessment years 2000 2001 and 2001 2002 showing a net surplus of Rs.6,58,862/ and Rs.7,82,632/ respectively.
Thus, if the amount of investment into fixed assets such as building, furniture and fixture etc.
The present appeals relate to a companymon judgment dated 24th September, 2007 passed by the High Court of Uttarakhand, Nainital in two income tax appeals, and a judgment of the Punjab and Haryana High Court dated 29th January, 2010 in Pine Grove International Charitable Trust v. Union of India 2010 327 ITR 273 .
A large number of writ petitions were heard in Civil Writ Petition No.
were also kept in view, there was hardly any surplus left The assessee society is undoubtedly engaged in imparting education and has to maintain a teaching and number teaching staff and has to pay for their salaries and other incidental expenses.
The facts necessary to understand the companytroversy in the two income tax appeals before the Uttarakhand High Court, Nainital, may be gleaned from the facts of one of them, namely, the Queens Educational Society case.
F.Nariman, J. Leave granted in the special leave petitions.
| 0 | train | 2015_804.txt |
The principal indicated that the age of the respondent was entered as 16.8.1975 in the admission register and other school records, but it was by mistake that while filling the form of the Board examination the date of birth was wrongly entered as 30.5.1974.
At that point of time, on October 12, 1999, he moved an application to the Board companyplaining that his date of birth was wrongly mentioned in the school records as May 30, 1974, while his actual date of birth was August 16, 1975.
The writ petitioner student pleaded that he did number realize the importance of the companyrect date of birth being entered into the school records, and therefore, he did number also realize the implications thereof until he was promoted in moving the application.
the powers companyferred by Section 24 of the Assam Secondary Education Act, 1961 hereinafter the Act, for short and submitted that an application moved beyond three years from the date of issuance of certificate by the Board was number liable to be entertained.
One of the respondents a student having taken his education in Government Boys Higher Secondary School passed the matriculation examination companyducted by the Board of Secondary Education, Assam, in the year 1991.
The mistaken date of birth, as forwarded by the school, had crept into the Admit Card issued by the Board.
2003 Supp 6 SCR 1273 The following Order of the Court was delivered Leave granted in both the SLPs.
The Division Bench has allowed the appeal, set aside the judgment of the learned Single Judge and allowed the relief sought for by the respondent by issuing a writ of mandamus to the Board.
The Board relied on Regulation 8 of the Regulations for Conduct of Examinations by the Board, hereinafter the Regulations for short , framed in exercise of.
The plea found favour with the High Court resulting into dismissal of the writ petition.
As the Board did number take any decision on the application, the respondent filed a writ petition in the High Court.
The Principal described the mistake as clerical and recommended for its companyrection.
When he filed the writ petition, he was undergoing a companyrse of study in companyputers.
Feeling aggrieved, the Board has these appeals by special leave.
The application moved by the respondent to the Principal of the school, was forwarded by the latter to the Board.
Common questjons of law, in the backdrop of similar facts, arise for decision in these two appeals.
A writ appeal was preferred by the respondent.
Thereafter, he passed higher secondary examination and then the B.Sc.
examination in the year 1998.
| 1 | train | 2003_850.txt |
Though grievance was made in the Original Application before the CAT and the High Court that his seniority was affected by placing juniors above him, numbersuch junior was impleaded either before CAT or the High Court and in the present appeal.
As numbersuch decision has been taken and numberorder has been passed his placement in the Gradation list is without any rational basis.
Appellant was appointed on 1.1.1989 on probation and original probation period ended on 1.5.1991.
Arising out of SLP C Nos.8327 8328 of 2004 ARIJIT PASAYAT, J. Leave granted.
Appellant calls in question legality of the judgment rendered by a Division Bench of the Madhya Pradesh High Court at Jabalpur affirming the order passed by Central Administrative Tribunal in short CAT holding that the appellants claim of seniority vis vis that of one Ram Rao Bhosley was untenable.
| 0 | train | 2005_852.txt |
According to the petitioners, therefore, this resolution came into operation immediately and they became entitled to payment of Rs.
35 2 65 3 95.
F. 2 102 48 L.S.G. dated July 26/27, 1949.
It is companymon ground that by resolution No.
447 dated July 16, 1954 as amended by resolution No.
Prior to the year 1948 the Municipal Committee recruited matriculates and number matriculates as clerks in the junior grade of Rs.
By this resolution the Committee created two junior grades for recruitment of clerks, a grade of Rs.
20, with retrospective effect.
According to the petitioners the Committee, in order to attract graduates and persons of higher academic qualifications and for giving an impetus to the clerical employees for pursuing higher studies, decided by the same resolution, inter alia, that graduates working in the junior grade would be paid a graduate allowance of Rs.
20 p.m. Further, according to them, this was sanctioned by the Chief Commissioner, Delhi by Memo No.
693 dated November 1, 1957 the Committee resolved that the system of payment of personal pay of Rs.
The petitioners, therefore, approached the Commissioner of the Corporation and requested him to give effect to the resolution of November 1, 1957 as amended by the resolution dated November 8, 1957.
1343 EST 58 dated November 5, 1958 the Commissioner admitted the claim for payment of graduate allowance to those graduate junior grade clerks of the erstwhile Delhi Municipal Committee who had been granted permission to pursue higher studies before July 30, 1954, but number to the remaining 18 persons.
The petitioners then moved a petition under Art.
Thereafter the Committee, by its resolution dated September 16, 1948, revised the grades and scales of pay for its entire staff on the basis of the recommendations of the Central Pay Commission appointed by the Government of India.
By Office Order No.
701 and directed that the words Necessary sanction of the Chief Commissioner be obtained appearing at the end of the resolution be deleted.
226 of the Constitution before the High Court of Punjab but eventually withdrew it.
They have number companye to this Court under Art.
Thirty employees of the Committee made representations to the Committee against companyfining the payment of the allowance only to those persons who were already in receipt of it and demanded that this allowance should be paid to every employee who passed his B.A. examination after 1954 as well as to every graduate employee recruited after 1954.
550 dated July 30, 1954 the Committee stopped payment of the graduate allowance to future recruits but companytinued its payment to such of the permanent and temporary employees in the junior grade who were already in recipt of the allowance.
20 per mensem to all graduates in the junior grade be revived and that the necessary sanction of the Chief Commissioner to this proposal be obtained.
In order to attract better qualified persons they offered Rs.
32 of the Constitution of India for the enforcement of Fundamental Rights.
In order to appreciate the point some facts have to be stated.
45 2 55 3 95 4 105 for number matriculates.
55 3 85 4 125 5 130 for matriculates and the grade of Rs.
ORIGINAL JURISDICTION Writ Petition No.
33 of 1964.
On November 8, 1957 the Committee amended the aforesaid resolution by resolution No.
G. Patwardhan and O. C. Mathur for the respondents.
Baldev Mehta, for the petitioners.
The Judgment of the Court was delivered by Mudholkar J. Eleven clerical employees serving the Cor poration of Delhi have moved this Court under Art.
Petition under Art.
Before this resolution companyld be implemented the Municipal Committee of Delhi was replaced by the Municipal Corporation of Delhi by the companying into force of the Delhi Corporation Act, 1957 66 of 1957 .
45 as starting salary for graduates in this grade.
The main ground on which the reliefs are claimed is that the action of the Commissioner in making the order has resulted in discrimination against the petitioners.
32 of the Constitution for quashing an order dated November 5, 1958 made by the Commissioner of the Corporation of Delhi and issuing a writ of mandamus or other appropriate writ, order or direction requiring the respondents to give effect to a resolution dated November 1/8, 1957 passed by the Executive and Finance Sub Committee of the number defunct Municipal Committee of Delhi.
This representation succeeded and by resolution No.
| 0 | train | 1964_193.txt |
The effect of this finding is that the reference companyld number have been made for adjudication and the same is accordingly invalid and hence the question of deciding the issue as in the reference or other issues does number arise as the industrial dispute under reference did number companye into existence in accordance with law before this reference.
This award dated 27.9.1972 proceeds the argument had to remain operative under sub s. 3 of s. 19 for a period of one year from the date on which it became enforceable under s. 17A i.e., a date one month after its publication.
It therefore directed his reinstatement with full back wages and companytinuity of serv ice.
By an order dated 2.5.1973, the Labour Court dismissed the preliminary objections.
He assails the findings of the High Court, thereon.
As regards H.S. Rawat, the Court found that he companyld number have remained unemployed throughout but was doing some work or the other for his living, may be with occasional spells.
The High Court thus rejected all the three companytentions, and, in the result, dismissed the writ petition in limine, with a speaking order.
Regarding point No.
Thereafter, these items were again referred for adjudication along with cer tain other matters to the Tribunal.
Shri G.B. Pai has reagitated all the three points before us.
By an amendment of their written statement in February, 1969, augmented by an application dated 17.8.1971 the Management raised a preliminary objection that since numberdemand numberice had been ,served on the Management, numberindus trial dispute had legally companye into existence, and as such the Reference was invalid and the Labour Court had numberjurisdiction to adjudicate it.
Appeal by Special Leave from the Judgment and Order dated 7.11.1975 of the High Court at New Delhi in Civil Writ No.
Hence this appeal.
This award was made by the Labour Court on 1 5 1975.
By his order dated 2.5.1973, the Lt.
The Court therefore held that Rawat was entitled to reinstatement and companytinuity of service with 50 back wages till the award Came into operation and he got his reinstate ment.
The Management impugned this award by filing a writ petition under Art.
1123 of 1975 B. Pai, O.C. Mathur and D.N. Mishra, for the appellant.
After recording the evidence produced by the parties, the Court held on merits, that the termination of the services of 3 workmen was illegal and unjustified.
375 of 1976.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Emphasis has also been laid on the point that this award, dated 27.9.1972 was duly published by the Government under s. 17 1 and had assumed finality under sub s. 2 of the same section.
Governor, Delhi, again made a Refer ence to the Labour Court, under the Act for adjudication of the same matter relating to the termination of the services of the aforesaid workmen.
226 of the Constitution in the High Court of Delhi.
By an order, dated September 27, 1972, the Labour Court accepted the objection, holding that numberindustrial dispute came into existence before this reference as the workmen have failed to establish serving of demand on the management prior to this reference.
The Management raised, inter alia, a preliminary objec tion that a second Reference within one year of the first award, dated September 27, 1972, was number companypetent in view of what is companytained in sec.
The Judgment of the Court was delivered by SARKARIA, J. The principal question that arises in this appeal by special leave is Whether an order of the Labour Court to the effect, that since numberdemand of the workmen had been served on the employer, numberindustrial dispute had companye into existence in accordance with law, and as such the Reference was invalid and the Court had numberjurisdiction to adjudicate the matter referred to it by the Government, is an award for the purposes of Section 19 of the Industrial Disputes Act, 1947, for short, called the Act ?
K. Ramamurthi, S.C. Jain and Madan Mohan, for respond ent No.
Governor of Delhi made a Refer ence under s. 10 read with s. 12 5 of the Act to the Labour Court, Delhi, to determine Whether the terminations of services of S Shri H.S. Rawat, Bidhi Chand and Ram Sarup Gupta were unlawful and unjustified, and if so, to what relief are these workmen entitled?
Cox Kings Agents Ltd. for short, the Management dismissed from service three of their workmen after a domes tic enquiry companyducted against them on certain charges.
In May 1967, the Lt.
Thereafter, the workmen on 25.10.1972, raised a dispute by serving demand numberices on the Management.
i Mr Pais argument is that the determination, dated 27.9.1972, also, was an award within the second part of the definition of the term in a. 2 b of the Act, inasmuch as it determined a question relating to an industrial dispute.
19 of the Act.
| 0 | train | 1977_361.txt |
53 to 81 of 1960.
K. Jha, Bhagawat Prasad, D. P. Singh, R. K. Garg, S. C. Agarwala and M. K. Ramamurthi, for the appellants in C. As.
C. Sinha, K. K. Sinha and R. R. Biswas, for the respondents Nos.
531, 535, 539, 541, 543, 548 to 552, 554 to 557, 559, 560, 562 to 572 and 574 of 1956 and 141, 142, 256, 271 to 273 and 349 to 358 of 1955.
1, 3 to 6 and 8 to 11 in C. As.
Appeals by special leave from the judgments and orders dated March 28, 1957, April 20, 1956, July 12, 1960 and March 14, 1956, of the Patna High Court in Misc.
53 to 81, 133 to 137 253 to 263 of 1960.
53 to 56 of 1960, and the respondents in C. As.
77 to 81 of 1960.
V. Viswanatha Sastri, Ugra Singh and D. Goburdhan, for the respondents in C. As.
253 to 263 of 1960.
253 to 263 of 1960.
133 to 137 of 1960.
133 to 137 of 1960.
K. Jha and R. C. Prasad, for the appellants in C. As.
C. Sinha and R. R. Biswas, for the respondents in C. As.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
P. Sinha and S. P. Varma, for the appellants in C. As.
The facts giving rise to these petitions were briefly as follows On 19th April, 1948 the Government of Bihar issued a circular letter signed by the Additional Secretary to Government to the District Officers of various districts including Monghyr from which these appeals arise.
Judicial Cases Nos.
March, 28.
| 0 | train | 1962_19.txt |
Based on the information furnished by the appellant herself the body of the deceased was recovered from a place which was adjacent to her house.
Apart from the watch, a pair of shoes was also recovered under Exhibit P P.W.11, another independent eye witness, also companyfirmed the above factum and recovery of the dead body at the instance of the appellant.
Believing her words P.W.2 stated to have borrowed a sum of Rs.5000/ from P.W.13 Tersem Ram and gave it to her.
The appellants preferred an appeal before the High Court of Rajasthan at Jodhpur in which the impugned judgment came to be delivered as against which the appellant has companye forward with this appeal.
The appellant was imposed with the punishment of sentence for life for the offence under Section 302 of IPC apart from a fine of Rs.100/ and in default for further one month rigorous imprisonment, for the offence under Section 201 of IPC appellant was imposed with the rigorous imprisonment for five years along with the fine of Rs.100/ and in default of the payment of fine to undergo one more month rigorous imprisonment.
Exhibit P 29 was the postmortem report prepared by W.16 Dr. Om Prakash Mahayach along with P.W.17 Dr. Sunil Kumar Kaushik and P.W.18 Dr. Chander Bhan Midha.
were also found and recovered.
The other three accused were awarded rigorous imprisonment for five years each and a fine of Rs.100/ and in default of the payment of fine to undergo further period of rigorous imprisonment for one month.
This particular fact was spoken to by W.1, the wife of the deceased and P.W.2, the son of the deceased.
The hand writing of A 3 Jagdish was companypared.
The Trial Court after detailed companysideration of both oral and documentary evidence as well as after numbering the chain of circumstances alleged against the appellant and other accused, held that the offences under Sections 302 read with Section 201 of IPC as against the appellant and the offence under Section 201 of IPC as against the rest of the accused were companyclusively proved.
The sentences awarded against the appellants were directed to run companycurrently.
On the side of the defence one witness was examined and eight documents were marked.
The last of the circumstance was the extra judicial companyfession of the appellant before the Members of the Panchayat, namely, P.W.8 and P.W.9.
Similarly, in respect of other three accused also while companyfirming the companyviction against them under Section 201 of IPC, the substantive sentence was modified to be one which was already undergone by them.
The address on Exhibit P 19 was found to be in the hand writing of A 3 which was also established by legal evidence.
The body was found buried in that place.
Altogether four accused were involved in the crime.
Aggrieved against the same appellant preferred this appeal.
The subsequent factum of recovery of the body of the deceased at the instance of the appellant was one other strong circumstance against the appellant in roping her involvement in the elimination of the deceased and thereby providing numberscope for any other hypothesis other than her guilt in the killing of the deceased.
The Trial Court also found as a matter of fact that the letter was got written by the appellant while the address was written by companyaccused, namely, A 3.
According to P.W.2, after his father, the deceased Om Prakash went to the house of the appellant on 22.08.1997 he did number return back.
P.W.6 Kishan Lal an independent eye witness companyfirmed the digging and the excavation made from where the dead body was exhumed.
The said place was excavated and a bundle was taken out which companytained the dead body over which a white shirt and payajama was found.
The Division Bench while upholding the companyviction and sentence imposed on the appellant for the offence under Section 302 of IPC modified the punishment so far as it related to be one under Section 201 of IPC to the effect that the period already undergone would be sufficient in the interest of justice.
In the above stated background P.W.2 lodged a companyplaint with Gharsana Police Station which was registered as F.I.R. No.535/1997 under Exhibit P 2.
According to W.13, the sum of Rs.5000/ borrowed by P.W.2 from him was handed over to the appellant.
P.W.20, Investigating Officer, arrested the appellant and three accused persons, namely, Maniram, Shankar Lal and Jagdish.
The other recoveries made from the body of the deceased duly identified by P.W.2 was yet another relevant circumstance to show that the deceased was numbere other than the father of P.W.2 and husband of P.W.1.
On 01.09.1997 the appellant herself approached P.W.2 and asked for a sum of Rs.5000/ in order to enable her to get his father released from the criminal case.
On 01.09.1997 Exhibit P 19 letter was delivered in the house of the deceased purportedly to have been written by the deceased himself mentioning that he was entangled in the case of Charas and was lodged in Bikaner Police Station.
As far as the said companytention is companycerned, based on the information furnished by the appellant herself which was recorded under Exhibit P 36, the dead body of the deceased Om Prakash was exhumed under Exhibit P 30 in the presence of P.W.24 S.D.M as well as the appellant herself who identified the place where the dead body was buried.
The accused having denied the charges, case went into trial and 24 witnesses were examined on the side of the prosecution apart from 50 documents marked and 14 articles were produced.
In the said letter it was also mentioned that the said information should number be revealed to his own brothers and that he was likely to get released very soon.
The sequence of events narrated by P.W.2 as from 22.08.1997 till the demand of Rs.5000/ was companyent and companyvincing.
P.W.2 went to the house of the appellant thrice and the appellant informed him that his father, the deceased, was entangled in a case of Charas and that she is taking every effort to get him released.
The Court has numbered that his testimony was perfect in every respect and numberhing companyld be brought out in the cross examination to discredit his version.
Based on the final report, charges were framed against the appellant and other accused for offences under Sections 302 of IPC read with Section 302/120 B, 364, 364/120 B and 201 of IPC.
Subsequently, on 01.09.1997 the Postman delivered a letter in his house which was purportedly in the hand writing of Accused No.3 A 3 , the son of the appellant, and that on that very day appellant visited the residence of P.W.2 and asked for a sum of Rs.5000/ stating that money was required in order to enable her to get his father released from the criminal companyplaint.
The watch worn by the deceased was found on the hand of the dead body which was in a decomposed companydition as numbered in Exhibit P 13.
Two photographs were also seized during the companyrse of investigation.
The further fact that P.W.2 in his anxiety to get his father released, succumbed to the demand of the appellant by raising funds for the payment of Rs.5000/ by borrowing the same from P.W.13 who supported the said fact by deposing before the Court.
After 22.08.1997, having been known that the deceased had gone to the residence of appellant and since he did number return back for about seven days, P.W.2 in the natural companyrse of events had gone to the residence of the appellant to find out his whereabouts.
The Trial Court companyvicted the appellant for offences under Sections 302 and 201 of IPC while the other three accused were found guilty for offence under Section 201 of IPC alone.
The deceased Om Prakash went to the house of the appellant on 22.08.1997 when he was last seen.
The challenge is to the judgment of the Division Bench of the High Court of Rajasthan at Jodhpur dated 16.02.2005 passed in Criminal Appeal No.517 of 2002.
When the son of the deceased, namely, P.W.2 approached the appellant to find out his fathers whereabouts he was told by the appellant that his father was involved in the case of Charas and that she is taking efforts to get him released.
Consequently, the sentences as described in the earlier part of the judgment were imposed.
The deceased did number return back to his house even after a weeks time.
When the said circumstance was found proved and since there was numberother explanation other than what was demonstrated before the Court by the prosecution through P.W.2 and W.13, the said circumstance was in addition to the earlier set of circumstances which linked the involvement of the appellant in the crime alleged against her.
P.W.13 Tersem Ram deposed that the said sum of Rs.5000/ was borrowed from him by P.W.2 which was paid to the appellant.
The body was identified by P.W.2 in the presence of P.W.24 S.D.M., Anoopgarh on which the personal articles worn by him such as shoe, watch, bag etc.,
W.2 was a minor, aged about 14 years.
Based on the admissible portion of the said statement of the appellant the body of the deceased Om Prakash was recovered from a place near her house.
We have heard Mr. Ravindra Bana, learned companynsel for the appellant and Dr. Manish Singhvi, learned Additional Advocate General for the respondent State.
Shorn of unnecessary details, the case of the prosecution as projected before the Sessions Trial was that the father of P.W.2 went to the house of the appellant on 22.08.1997, that he had a sum of Rs.300/ with him on that day, that he frequently used to visit the house of the appellant and that appellant used to call him as her brother.
The Trial Court has numbered that the said version of P.W.1 and P.W.2 was number in any manner dislodged at the instance of the appellant.
Fakkir Mohamed Ibrahim Kalifulla, J. The first accused is the appellant.
| 0 | train | 2012_713.txt |
On 12th February, 1993 respondent No.1 again wrote to the appellant denying his liability to pay the amount under the aforesaid cheques on the ground that they were issued under a mistaken belief of liability and asked the appellant to treat the cheques as invalid.
Respondent No.1 also wrote to the drawee Bank on 15th March, 1993 to stop payment of the aforesaid post dated cheques issued by him.
On 10th May, 1995, the appellant presented the two cheques dated 10.12.1994 and 10.4.1995 for payment but the said cheques were returned unpaid with the endorsement present again on 12.5.1995.
Respondent No.1 addressed a letter to the appellant on 20th July, 1992 enclosing therewith ten post dated cheques, each for an amount of Rs.40,000/ by way of refund of amount due from him to the appellant.
Both the companyrts primarily based their decision on a misreading of the judgment of this Court in Anil Kumar Sawhney vs. Gulshan Rai 1993 4 SCC 424.
The appellant filed an appeal against the said order of the Magistrate.
On 24th May, 1995 the appellant issued numberice under Section 138B of the Act demanding payment of the amount of Rs.80,000/ i.e. the total amount of the two cheques.
They took the view that the accused had only companyntermanded a bill of exchange on the date the accused wrote the letter about stopping payment of the cheques.
The two cheques subject matter of the present appeal were dated 10.12.1994 and 10.4.1995.
The facts involved in all the appeals are almost similar except variations in dates and amounts of cheques involved in each case.
For purpose of this judgment we have taken the facts in Criminal Appeal No./2003 arising out of SLP Crl.
The Goa Bench of the Bombay High Court dismissed the appeal on 16th March, 2002 upholding the view of the learned Judicial Magistrate.
2742/2002.
On failure of the respondent No.1 to make the payment in pursuance to the numberice, the appellant filed a companyplaint under Section 138 of the Act on 7th July, 1995.
| 1 | train | 2003_160.txt |
The grounds of detention had been provided to the detenu in English and a request by him for a translation of the same was turned down.
Dr. N. M. Ghatate, learned companynsel for the petitioners has challenged the detention of the two petitioners with the companytention that English was number a language which either of them understood, that this factor rendered it necessary for the grounds of detention to be served on them in Hindi which was their mother tongue and that the same having number been done, there was in law numbercommunication of such grounds to either of them.
Under Article 32 of the Constitution.
ORIGINAL JURISDICTION Writ Petition Nos.
In the first of these cases an order under the Preventive Detention Act Central Act IV of 1950 was under challenge.
After hearing learned companynsel for the parties, we have numberhesitation in holding that the challenge to the detention is well founded in view of the dicta of this Court in Harikisan v. The State of Madarashtra Others, Hadibandhu Das v. District Magistrate, Cuttak Anr.,
5931 and 5932 of 1980 in each of which the companytention raised by the learned companynsel for the petitioners is the same.
and Nainmal Partap Mal Shah v. Union of India and Others.
They were arrested on that date and on each of them a police officer served an order of detention along with the grounds on which it was based, both the documents being in English.
M. Ghatate and S. V. Deshpande for the Petitioners.
K. Banerjee Addl.
In Criminal Writ Petition No.
5931 and 5932 of 1980.
The Judgment of the Court was delivered by KOSHAL, J. By this order we shall dispose of Criminal Writ Petitions Nos.
5931 of 1980, the petitioner is one Surjeet Singh while the other petition has been filed by a person named Kulwant Singh.
Each of the petitioners was detained on the 13th October, 1980 under the provisions of the National Security Ordinance which number stands replaced by the National Security Act.
R. N. Poddar and Miss Subhashini for the Respondents.
Genl.,
| 1 | train | 1981_367.txt |
On 17.8.1985, at about 2.30 p.m., Gurdial Kaur was sitting on a company near her house.
However, the petition filed by Mithu Singh, the appellant has been entertained and leave granted.
She fell down on the company and died immediately.
On trial the Session Judge, Bhatinda found both the accused persons guilty of the offences charged.
They were chased by some villagers.
Special leave petitions were filed by both of them before this companyrt.
The allegation that Bharpur Singh and Mithu Singh belong to one party faction, is number based on any companycrete fact wherefrom such an inference may be drawn by the companyrt and, therefore, does number go beyond being merely a ipse dixit of the witnesses.
Both the accused persons preferred appeals before the High Court of Punjab which have been dismissed.
The two accused persons JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ each armed with a .12 bore pistol came to the house of JJJJJJJJJJJJJJJJJJJJJJJJ Gurdial Kaur.
Mukhtiar Singh, PW.11, lodged an F.I.R. The usual investigation followed and the accused persons were challaned.
On 19.7.1991 the SLP filed by Bharpur Singh was directed to be dismissed by this companyrt.
The enemity so erupted had also resulted in some criminal litigation between the parties.
Therefore, the question arises, whether an inference, as to Mithu Singh having shared a companymon intention to cause the death of deceased Gurdial Kaur with the companyaccused Bharpur Singh, can be drawn?
You have already harassed us enough .
At the worst Mithu Singh, accused appellant, knew that his companyaccused Bharpur Singh was armed with a pistol.
On way, they were joined by some police party also.
According to the prosecution, Gurdial Kaur, the deceased, is said to have executed a sale deed of a piece of JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ land in favour of late Gurdev Singh, the father of accused JJJJJJJJJJJJJJJJJJJJJJJ Bharpur Singh.
Finding the police and the village people chasing them, the two accused persons turned and started running in directions opposite to each other.
Mukhtiar Singh, PW.11, who has a house adjoining the house of Gurdial Kaur and one Jagtar Singh saw the incident.
From his possession, a pistol, Exhibit P 6 was recovered.
Bharpur Singh fired a shot with his pistol hitting the deceased on her left flank.
The knowledge of previous enemity existing between Bharpur Singh and the deceased can also be attributed to Mithu Singh.
The party led by ASI Gurcharan Singh apprehended Mithu Singh, appellant.
Civil litigation for cancellation of the sale deed was pending between Gurdial Kaur and accused Bharpur Singh and his brothers.
But there is numberhing available on record to draw an inference that the companyaccused Bharpur Singh had gone to the house of the deceased with the intention of causing her death and such intention was known to Mithu Singh, much less shared by him.
Thus, admittedly, there were strained relations between Bharpur Singh and the deceased, Gurdial Kaur.
Tu Sanu Bohat Tang Kita Hai Old lady be strong.
Each of them was sentenced to life imprisonment with a fine of Rs.1,000/ under Section 302/34, I.P.C. They were also sentenced to two years rigorous imprisonment each under Section 27 of the Arms Act.
However, the party led by Sub Inspector Santokh Singh, PW.12 caught hold of Bharpur Singh.
In view of unlicensed pistols having been recovered from each one of them they were also charged under Section 27 of the Arms Act, 1959.
C. Lahoti, J. LITTTTTTTJ Mithu Singh, the accused appellant, and one Bharpur Singh were tried on charge under Section 302/34 I.P.C. for the murder of Gurdial Kaur on 17.8.1985 at Village Bhame Kalan, District Bhatinda.
They raised an alarm whereupon the two accused persons took to their heels.
| 1 | train | 2001_226.txt |
Hence, this appeal.
The advocate for the informant submits that this case was pending for orders from 1990 itself.
Thereafter at the time of hearing of the matter, it was companytended by learned companynsel for the respondent that accused were number at fault and the criminal case has been dragged on for a long period of 21 years, and therefore, it should be dropped on the basis of the decision rendered by this Court in A.R. Antulay v. R.S. Nayak 1992 1 SCC 225.
In that petition, five witnesses were examined who supported the FIR.
668 of 2002 before the High Court at Patna.
W.J.C. No.
Thereafter, against the report submitted by the Investigating Officer, appellant filed Protest Petition stating that police has companyluded with the accused persons.
J U D G M E N T Shah, J. Leave granted.
The High Court accepted the said companytention and allowed the petition by further holding that companynizance of the matter is taken by the Judicial Magistrate in a mechanical manner.
The Court also made some observations on merits.
Complainant to file Talwana Process fee for the appearance of accused persons.
Ultimately, appellant made inquiry and he was able to trace out the file which was placed before the ACJM who took companynizance of the offence against the respondent accused for the offence punishable under Section 302 IPC on 28.1.2000 and passed the following order Due to number entry in the diary and due to missing of the file the case was put up today.
Against taking of companynizance, accused preferred Writ Petition being Cr.
After release, it was numbericed that for unknown reasons the said proceedings were number listed before the C.J.M. from 1990 to the year 2000.
Due to the fact that the file was missing in the office the same was number being produced in the companyrt number any order was passed.
Ultimately when the record was put up in the year 2000, a show cause numberice was issued to the companycerned clerk.
An FIR was registered under Section 302 IPC on a fardbayan of appellant on 5.8.1979.
In the said report, it was stated that records were never put up on the next date fixed for hearing.
Attendance has been filed on behalf of the informant.
The High Court called for the record of S.D.J.M., Bikramganj, Sasaram to inquire as to why from the year 1990 to 2000, numberorder was passed on the report of the Investigating Officer as well as on the Protest Petition.
This case reveals a sorry state of affairs in administration of justice by the companycerned Court.
| 1 | train | 2002_721.txt |
That mortgage which was for the sum of Rs.
As a result of this apportionment the respondents and the appellants were each held to be liable for the sum of Rs.
This suit was instituted on July 30, 1943.
18,500 and interest representing the loss they had sustained owing to the failure of the appellant or of his predecessors in interest to discharge the original mortgage of May 9, 1914.
14,307/9/6.
83 read with Art.
On February 4, 1937, a final mortgage decree was passed in their favour for a little over Rs.
Appeal from the judgment and decree dated January 23, 1959 ,of the Allahabad High Court in First Appeal No.
Subsequently a sale deed of half of this property which had been mortgaged was executed by the owners number represented by the plaintiff respondents on February 9, 1920, in favour of Shanti Saran, the first appellant and three others, the remaining appellants.
It was further provided in this order that the respondents would be liable to pay interest at 6 percent per annum on the amount due by them from August 1, 1933 uptil September 28, 1936, and thereafter at 41 per cent per annum.
13,500 was left with the purchasers for payment of the amount due to the mortgagees on account of principal and interest under the mortgage dated May 9, 1914.
The defendant appealed to the High Court.
16,000 out of which a sum of Rs.
139 of 1946.
The companysideration for the sale deed was a sum of Rs.
12,000.
26,000.
The Division Bench which heard the appeal in the first instance referred the question of limitation to a Full Bench of five Judges which held that the suit was governed by Art.
The trial companyrt over ruled the objection of the defendant and decreed the suit.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
20,803/4/3 was executed on February 25, 1943, and as a result the respondents had to deliver possession of this share of the property to the mortgagees.
Thereafter the respondents made an application under the U.P. Encumbered Estates Act, and by an order dated May 22, 1939, the Special Judge apportioned the liability for the mortgage debt between the respondents and the purchasers as owners of half the mortgaged property.
The purchasers entered into possession of the property companyveyed to them but neither they number the appellants made any payment to the mortgagees who in due companyrse brought a suit against the respondents for the recovery of the amount due to them under the mortgage.
The Collector subsequently took proceedings for liquidation of the debt and on January 30, 1943 the Collector directed the execution by the respondents of a self liquidating mortgage of three fourths.
The respondents thereafter filed the suit out of which this appeal arises for the recovery of the sum of Rs.
Some of the plaintiff respondents and the predecessor in interest of other plaintiff respondents owned lands in mahal Narain Singh village Khetalpur Sahruiya.
784 of 1964.
T. Desai, Sardar Bahadur and Arun B. Saharya, for respondents Nos.
C. Misra and P. K Ghose, for the appellant.
139 of 1946.
The Judgment of the Court was delivered by Ramaswami, J. This appeal is brought, by certificate, from the judgment of the High Court of Allahabad dated January 23, 1959 in First Appeal No.
It was said that the breach of companytract should be deemed to have been companymitted in the year 1920 when the defendant appellant undertook to pay the money to the mortgagees and failed to do so within a reasonable time.
of the half share of the property of which they were the owners.
They executed a simple mortgage of this property on May 9, 1914 in favour of two persons Bansidhar and Khub Chand, for a sum of Rs.
| 0 | train | 1967_179.txt |
The appellant companytended before the High Court that, as a matter of fact, the phosphoric acid imported by the appellant was subjected to a levy of 5 of auxiliary duty of customs under the above Notification because the goods imported by the appellant would fall under Clause 2 of the said Notification.
The import made by the appellant was referable to Item No.28 16 which prescribed a standard rate and preferential rate of duty for phosphoric acid.
It is also stated that for the purpose of manufacture of chemical fertilizers, the appellant imports phosphoric acid for use in the manufacture of Nitrogen phosphorous potash, and by the impugned order the respondents had levied auxiliary duty of customs at the rate of 15 per cent purporting to levy the same under Clause 1 of Notification No.14 dated 1.3.1974 issued by the Central Government in exercise of its power under Section 25 1 of the Customs Act, 1962 read with Clause 19 4 of the Finance Bill, 1974.
Since the appellant was wrongly levied higher auxiliary duty at 15 per cent, it had prayed for refund of the excess amount companylected from it.
more but less than 100 per cent ad valoram.
It was companytended before the High Court that the appellant manufactures chemical fertilizer and other allied products in its factory at Kalol and new Kandla Port in the State of Gujarat.
The relevant part of the Notification is as under .
It is number in dispute that at the relevant time the rates at which the customs duty was to be recovered was specified in the First and the Second Schedule of the Indian Tariff Act, 1934 which had provided for levy of duty at standard rate, preferential rate and protective rate as specified in the First Schedule.
of India for the time being dance with the pro in force, is less than 60 ad or nil.
Goods in respect of which the rate Fifteen percent of the of duty of customs specified in the goods as determined in said First schedule read with any accordance with the pro relevant numberification of the Govern visions of Section 14 ment of India for the time being in of the Customs Act, force is 60 per cent ad valoram or 1962 52 of 1962 .
visions of Section 14 of the Customs Act, 1962 52 of 1962 3.
Goods in respect of which the rate Five per cent of the of duty of customs specified in the value of the goods as said First schedule read with of determined in accor the Govt.
Description of Goods Rate of auxiliary Duty of Customs 1 2 3 .
Santosh Hegde,J. The appellant, who is a registered multi unit companyperative society under the Bombay Cooperative Societies Act, filed writ petitions under Special Civil Application Nos.94 and 472 of 1977 before the High Court of Gujarat at Ahmedabad seeking issuance of a writ of certiorari to quash and set aside the order made by the Appellate Collector of Customs, Bombay, dated 25.2.1976 companyfirming the order made by the Collector of Customs at Kandla dated 26.2.1975.
| 0 | train | 1999_872.txt |
Extensive arguments were advanced by the companynsel for the petitioner at the admission stage itself who has assailed the order passed by the High Court of Judicature at Bombay in Writ Petition No.3953/2011 whereby the High Court was pleased to dismiss the writ petition directing the petitioner number to encroach upon the area of operation allotted by respondent No.2, Secretary of Environment, Government of India to any other facility except its own.
Such allocation was prima facie shown to have been made upon a reasonable criteria for the classification of districts which falls within the area of allocation and similar other areas of allocation of other such facilities.
The petitioner companytended that under 2008 rules respondent No.2 is only the monitoring authority to the facilities set up but number to allocate re allocate the territorial jurisdiction.
However, the companynsel did number even expressly much less with any clarity said so but adopted a circuitous and vague argument that the respondent had numberauthority to reduce and expand or allot any area for the business of waste management as it was only companypetent to authorize the parties to treat the industrial waste and it had numberauthority or jurisdiction to do anything other than treat the waste product.
Similarly, the respondent No.5 SMS Infrastructure Ltd. was also issued the letter of companysent on 27.10.2005 for treatment, storage and disposal facility of hazardous waste from the area allotted to respondent No.5.
The petitioner MWM assailed the order of curtailment essentially on the ground that on 24.9.2008, the Central Government through respondent No.4 promulgated new rules being Hazardous Waste Management, Handling and Transboundary Movement Rules, 2008 and under those new rules respondent No.2 was denuded of the power to fix re fix the territorial area of operation of the waste management facilities.
The High Court also numbered that the area of allocation had number been challenged by the petitioner number it had sought to quash or set aside the orders of respondent No.2 dated December 11, 2008 and March 9, 2009 or the respondent No.4 in appeal therefrom dated January 29, 2011.
Consequently, the direction to the MWM number to encroach upon the area of other facilities provider like respondent No.5 was required to be passed in favour of respondent No.5 SMS which also had filed a separate writ petition No.5846/2011.
The petitioner MWM has been allotted the Westernmost Belt of Maharashtra companysisting of districts of Thane, Raigad, Ratnagiri and Sindudurg outside Bombay.
Since the petitioner MWM was issued the letter of award for the years prior to respondent No.5, the petitioner MWM felt aggrieved as it curtailed some part of their area of operation as part of those areas were given to respondent No.5 SMS since it offered more facilities for treatment of hazardous waste by the government.
Similarly, respondent No.5 SMS had been given other districts to deal with waste management facilities.
The areas were determined upon certain geographical criteria.
The petitioner Mumbai Waste Management Ltd. shortly referred to as MWM in writ petition No.3953/2011 out of which present SLP arises was issued the letter of award to companylect, treat, recycle, reprocess, store and dispose of hazardous waste from the area allotted to the petitioner.
| 0 | train | 2013_307.txt |
In these cases the CEGAT followed the order passed in the case of Srikumar Agencies who was one of the respondents in Civil Appeal Nos.
Dr. ARIJIT PASAYAT, J Challenge in these appeals is to the judgment of Customs, Excise and Gold Control Appellate Tribunal, South Zonal Bench at Madras in short CEGAT .
| 1 | train | 2001_801.txt |
Appeal by special leave from the judgment and order dated July 25, 1963 of the Allahabad High Court in Special Appeal No.
P. Goyal and B. P. Jha, for the respondent.
V. Gupte, Solicitor General, C. B. Agarwala and O. P. Rana, for the appellant.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Later, he was appointed on the recommendation of the Provincial Public Service companymission as Curator of the State Museum, Lucknow, on a scale of pay Rs.
In 1939, he was posted to Mathura Museum as Curator, and he was appointed substantively to this post from January 5, 1941.
431 of 1962.
The order of companypulsory retirement was in the following terms I am directed to say that the Governor has been pleased to order in the public interest under Article 465A and Note 1 thereof of the Civil Service Regulations, the companypulsory retirement with effect from September 1, 1960 of Sri Madan Mohan Nagar, Director State Museum Lucknow who companypleted 52 years of age on July 1, 1960, and 28 years and .3 months of qualifying service on 31 5 1960 as he has outlived his utility.
The Judgment of the Court was delivered by Sikri, J. The respondent, Shri Madan Mohan Nagar, filed a Writ Petition in the High Court of Judicature at Allahabad for quashing the order of companypulsory retirement dated July 28, 1960, passed against him.
The State having obtained special leave, the appeal is number before us.
Thereafter the respondent companytinued in service as Director of State Museum, Lucknow, until he was companypulsorily retired by the order of the Government, dated July 28, 1960, which has already been set out above.
He further held that the order inflicting companypulsory retirement on the petitioner was invalid because it was passed in violation of the principles of natural justice.
997 of 1965.
| 0 | train | 1967_269.txt |
By order dated 06.02.1995, the Labour Court allowing the appeal and setting aside the order dated 02.04.1992 held that if the proposed amendment is allowed, it would cause immense prejudice to the rights of the workmen and further the employer would likely to misuse this new ground of punishment mostly for their benefit.
The appellant felt aggrieved of the order of the Labour Court and filed the writ petition in the High Court at Madras questioning therein the legality and companyrectness of the order of the Labour Court.
They, however, need mention in brief infra to appreciate the short companytroversy.
2675 of Signature Not Verified 2002 whereby the Division Bench of the High Court Digitally signed by ANITA MALHOTRA Date 2018.11.02 170517 IST Reason dismissed the Writ Appeal and affirmed the order of the Labour Court and Single Judge.
It is against this order the appellant employer has felt aggrieved and filed the present special leave to appeal in this Court.
It was also held that apart from these two reasons, it would also defeat the object of the Payment of Gratuity Act while calculating the employees companytinuous service as defined under the Payment of Gratuity Act which provides for different modes of calculation.
Having heard the learned companynsel for the parties and on perusal of the record of the case and the written submissions, we find numbermerit in this appeal.
By order dated 19.07.2002, the learned Single Judge dismissed the appellants writ petition which gave rise to filing of the intra companyrt appeal by the appellant employer before the Division Bench of the High Court.
By impugned order, the Division Bench dismissed the appeal and affirmed the order of the Labour Court and Single Judge.
The Workers Union Respondent No.1 felt aggrieved by the order dated 02.04.1992 filed appeal in the Labour Court.
On 02.04.1992 the third respondent Joint Commissioner of Labour allowed the said application of appellant and permitted them to amend their certified standing orders by adding brake in service as one new ground in Clause 16 of the Chapter of Punishment in Certified Standing Orders.
Abhay Manohar Sapre, J. This appeal is filed against the final judgment and order dated 13.08.2007 passed by the High Court of Judicature at Madras in W.A. No.
Facts of the case lie in a narrow companypass.
| 0 | train | 2018_613.txt |
The High Court decided the question in the affirmative and against the appellant.
Since the appellant belonged to district Singhbhum Bihar and had his property and assets in the said district, the Collector Mayurbhanj Orissa issued requisition to the Collector Sighbhum Bihar under the Recovery Act.
On the basis of the requisition sent by Collector, Mayurbhanj proceedings were initiated for recovery of dues from the appellant.
This appeal by way of special leave is against the judgment of the High Court dated March 28, 1977.
The appellant was carrying on the business of manufacture and sale of companyntry liquor.
He fell into arrears of excise dues which remained unsatisfied.
Kuldip Singh, J. The question for companysideration in this appeal is whether the excise dues under the Bihar and Orissa Excise Act, 1915 the Act can be recovered as arrears of land revenue under the Revenue Recovery Act, 1819 the Recovery Act ?
| 0 | train | 1993_225.txt |
A Tariff Advice No.
123/81, dated 16 11 1981 came to be companymunicated on 28 12 1981 stating that the product was classifiable under Entry 15A 2 .
Thereafter, the classification underwent a change and the duty was charged under Entry 68 with effect from 1 1 1981.
M. Ahmadi, CJI and Sujata V. Manohar, J. The question at issue is a short one and arises thus The product, which is industrial plastic laminates was charged to duty under Entry 15A 2 of the Central Excise Tariff upto 13 12 1980.
Duty has been paid under that Entry upto 28 12 1981.
| 1 | train | 1996_2128.txt |
In the F.I.R., it was alleged by the informant that 8 named persons and 10 unnamed persons who were number known to the informant, had companyjointly companymitted the crime.
At the dictation of P.W.1, the Munsiff recorded the companyplaint, Ex.
P.W.11 also at this parade picked out A 7 who was then standing at No.
P.W. 3 picked out A 2, A 3, A 9 and A 10 at the parade.
After companypleting the investigation the police sent 13 accused persons under a charge sheet before the Magistrate for preliminary enquiry.
But P.W. 11 companyld number identify him.
At the spot, he heard from the by standers that the deceased had been killed inside the bus.
2, 9 and 11 were recorded by the Investigating Officer during the night between the 17th and 18th May 1968 from 2 30 a.m. to 6 a.m. There was thus numbergood reason for wholesale rejection of the evidence of P.Ws.
Appeal by Special Leave from the Judgment and Order dated 31 7 70 of the Andhra Pradesh High Court in Criminal Appeal No.
This evidence on the record is thus sufficient to base a firm finding that apart from the accused named in the charge, there were at least one or more unidentified persons who participated in the criminal action against the deceased company jointly with A 7.
A companyy of the companyplaint was sent to the Judicial Magistrate Koilkuntla.
The High Court while companyceding that P.Ws.
The third test identification parade was held on August 10, 1968.
There were about 30 passengers, including PW 2, PW 3 and PW 4, in the bus.
He companyld number identify others.
P.W. 1 knew that A 4 was a partisan of the other accused The companyduct of P.W. 1 after the occurrence, was also artificial, unnatural and strange.
P.C., also The deceased was a resident of Konda Papayapalli village.
On receiving the information, Inspector Santhoji Rao W. 25 reached the place of the murder at 6 p.m. He examined P.Ws.
1 to 4 witnessed the occurrence P.W. 1 while raising an alarm proceeded towards the Police Outpost, but the accused obstructed and chased him over a short distance.
He companyld number identify A 2 or the other accused who were in this parade.
It is true that while picking out this accused at the parade these witnesses did number say anything with regard to the specific part played by him in the companymission of the crime.
During the inquest he examined P.Ws.
2, 3, 9 and 11 were called upon to identify the accused at this parade.
The second batch of the accused persons companysisting of A 2, A 3, A 9, A 10, A 11 and A 13 was arrested on June 24, 1968.
1, 2, 3 and 9 were called upon to identify them at the parade.
The statements of P.Ws.
At about 10 30 a.m., the bus halted at Nossam near the hotel of Rangappa, PW 10.
On May 16, 1968, the deceased accompanied by PW 1, Venkatareddy, went to Jammalamadugu and stayed for the night there in the hotel of PW 12 Dastagiri .
After remaining at the hotel for some time they returned to the bus stand, and boarded bus No.
The extremely large number of injuries on the body of the deceased lends assurance to the testimony of P.Ws.
He also identified A 4 and A 8 by touching their hands.
9 and 11.
In the witness box, at the trial, however, W. 9 specifically stated I companyld identify only accused 2 and 7 among those persons who came to the bus from the numberthern side armed with daggers.
P.W. 1 took to his heels, went away from the village and companycealed himself somewhere.
They were put up for test identification at three parades held by Mr. Johnson, Magistrate 1st Class W. 20 on June 7, 1968, July 18, 1968 and August 10, 1968.
P.C. Thereafter, he held an inquest over the dead body from 2 30 a.m. to 6 a.m. on May 18, 1968.
He returned to the scene of the crime in the companypany of those relations at about 4 p.m. In the meantime, the village Munsiff P.W. 15 on learning about this incident, also came there.
9 and 11 lends companyrobation to the statements of the interested witnesses P.Ws.
P 3, he did number state many material facts.
He looked for the companyplainant, if any.
The assailants were yelling Stab kill P.Ws.
2 and 3 was sufficiently companyroborated as against A 7 by the credible testimony of P.Ws.
P.W. 14 was number asked to identify P.W. 1 at any test identification or even in companyrt.
A 4 to A 8 surrendered on May 22, 1968 and were taken into custody.
Prior to the making of this companyplaint, Head Constable Abdul Khadar, PW 16, of the Police Out Post had sent an oral information to the Police Inspector about this murder.
P.W. 2 while identifying A 7 at the parade, said I saw him while killing the deceased in the bus P.W. 3 also identified A 7 as Konda Kalavatalavadu.
No one came forward to make a companyplaint.
W.9 identified A 7 saying I suspect this man.
Some passengers including the deceased and P.Ws.
Soon thereafter, A 1 and A 2, armed with revolvers, and A 3 to A 13, all armed with daggers, came there from Yerikala Reddys house, encircled the bus, and at the point of daggers forced the passengers including PWs 1 and 4, to get out of the bus.
1, 2 and 4, however, remained inside the vehicle.
While the precise number of those unidentified persons, other than the 13 named in the charge, cannot be ascertained with certitude, it can safely be said that apart from 13 named in the charge, there were some more companyfederates of A 7 and all of them participated in the fatal assault on the deceased in the manner alleged by the prosecution.
At the test identification parade held on June 7, 1968, A 4, A 5, A 7 and A 8 were paraded along with 12 other prisoners.
A 7 was identified by P.Ws.
The driver and the companyductor of the bus were also found absent.
The deceased also tried to get away but the accused prevented him from doing so.
APD 2083 for proceeding to their village.
The Judgment of the Court was delivered by SARKARIA, J. This appeal by special leave is directed against a judgment of acquittal rendered by the High Court of Andhra Pradesh.
Thereafter, on some date before August 10, 1968, A 1, A 6 and A 12 were arrested.
The evidence of P.W. 3 on this point was that the number of the culprits who companymitted the murder, while acting in companycert, was 17.
He therefore alighted from the bus, and, accompanied by PW 1, returned to the hotel of Dastagiri.
For instance, he did number mention there that, in the first instance, he and the deceased had boarded the Nandyal Koilkuntla bus at 8 30 a.m. and thereafter alighted from it on seeing the accused getting into the bus.
Both the factions were proceeded against under ss.
9 and 11 so far as the participation of A 7 in the companymission of the crime was companycerned.
The Inspector searched for the accused but companyld number find them.
At this parade, nine accused persons A 1 to A 3, A 6, A 9 to A 13 were paraded.
Referring to the test identification parade, the witness added I identified A 7 as one of the persons who came with dagger to the bus.
At the trial, he named A 2 to A 5 and identified A 7, A 10, and A 12 as 8 out of those 20 culprits who had companymitted the crime.
Against that judgment, two appeals were preferred to the High Court, one by the State against the acquittal of A 5, A 6 and A 8, and the other by the companyvicted accused against their companyviction.
The companyductor, the driver and some of those passengers got down to take refreshments in the nearby hotel.
There was bad blood between the two factions.
At about 3 p.m., he sent the companyplaint together with other documents prepared by him, through the Talyari to the Police Station, Vuyyalawada.
Might be that they did number disclose all that they had seen and had number identified all the culprits whom they companyld identify but that is numberground to hold that their evidence companyld number furnish valuable companyroboration of the testimony of the interested witnesses P.Ws.
All the accused persons were number previously known to the eyewitnesses.
A 1 and A 2 took positions in the doors of the vehicle.
2 and 3 even against the accused whom they identified at the test identifications and later in companyrt.
Thus the net result is that at the test identifications, P.Ws.
P.C. Before the police, P.W.9 had stated that he had received an injury.
P.W. 2 then went to Papayapalli, five miles away, and informed the wife and the relations of the deceased about the occurrence.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
15 in the parade and said that he had seen him.
9 and 11 at the test identification parade held on June 7, 1968.
The facts may number be stated.
If P.W.1 was really in the ill fated bus, at the time of the occurrence, he companyld number have been left unharmed The companyduct of P.W. 1 was so unnatural that it improbablises his presence at the time and place of the incident If he had really seen A 4 peeping into the bus and going back to the house of Erikala Reddy, 60 or 70 yards away, to inform the other accused, it was unlikely that P.W. 1 and the deceased would have remained sitting in the bus.
2 and 3 .
The evidence of the interested witnesses P.Ws.
2, 3 and 4 entered the bus and found the deceased lying dead in a pool of blood.
On seeing the accused, who belonged to his opposite faction, the deceased got apprehensive of his safety.
A 2, A 3, A 9, A 10, A 11 and A 13 were arrested by the police on June 24, 1968.
45/69 and Criminal Revision Case No.
After about two hours he came out of his hiding and returned to the spot at about 12 30 p.m. After murdering the deceased, the miscreants went away towards the numberth taking their weapons with them.
P 3, and then prepared an injury statement of the deceased.
Ram Reddy and P.P. Rao for the Appellants.
When the bus stopped at Sanjamalavari House, Accused 2, 3, 5 to 8 for short, A 2, A 3, A 5 to A 8 boarded it.
He therefore sent an oral information to the Inspector through the Talari, Pollana.
1, 2, 3 and 11 were called upon to identify.
On the following morning at about 8 30 a.m., they boarded bus No.
Aggrieved, the State made a petition in this Court under Article 136 of the Constitution seeking leave to appeal against the acquittal of A 1 to A 9 and A 12.
It therefore remains to be seen to what extent the independent testimony of P.Ws.
9 and 11.
The rival faction was headed by Akkammareddigari Venkata Kondareddy, Accused No.
Thereafter, P.Ws.
391/69.
155 of 1971.
There are three villages, Konda Kala Vatala, Konda Papaya Palli and Govinda Palli situated at a short distance from each other There were warring factions in these villages One was led by Vellugoti Pedda Eswara Reddy deceased and Mumagala Narayana Reddy, the Sarpanch of Konda Kala Vatala.
They fired revolvers in the air while their companypanions immediately entered the bus and there, stabbed the deceased to death causing numberless than 44 injuries.
Govind Das, Mrs. Sunanda Bhandare, A.K. Mathur, A.K. Sharma and M.S. Narasimhan for the Respondents.
This bus stop is at a distance of about 60 or 65 yards from the Police Outpost and is located in a populated quarter of the town which has a population of 3,000 souls.
He did number go to the Police Outpost which was at a stones throw.
This Court however granted special leave to appeal against the acquittal of A 1 to A 4, A 7, A 9 and A 12 only and refused it against A 5, A 6 and A 8.
This means according to the evidence, there were acting companyjointly with A 7 at least 4 or 7 more persons in addition to the 13 who were charged by the Committing Magistrate.
The High Court dismissed the appeal preferred by the State but accepted the other filed by the accused and acquitted all of them.
The Magistrate companymitted all the 13 accused for trial to the companyrt of Session.
L. Venkata Ramanna PW 14 was checking tickets on that bus.
1 for short, A 1 .
107/151, Cr.
2 and 3 that the number of assailants was more than 13 including some unnamed and unidentified persons.
9 and 11 were the proper persons to have spoken about the occurrence, brushed aside their evidence even against the accused identified by them at the test identifications, mainly on the ground that they were unwilling witnesses and were number prepared to speak the whole truth.
The witness stated I can identify 2 persons among the 5 or 6 persons who were seen going behind the bus with white things like daggers.
He peeped into the bus through the door and went away towards the house of one Yerikala Reddy, situated at a distance of 200 feet from the bus towards the numberth.
The High Court numbericed that there was a discrepancy with regard to the receipt of injury by P.W. 9 between his statement before the police and the subsequent statement recorded under s. 164, Cr.
2, 9 and 11.
At the test identification parades held before the Magistrate, the witness had identified A 7 and A 11.
Moreover, P.W. 14 was examined by the investigating Police Officer about a week after the occurrence.
These six accused persons were paraded at the test identification on July 18, 1968.
P.W. 9 similarly identified A 2 by touching his hand.
APD 2276, at about 9 30 a.m. for going to their village.
They are accused 7 and 11 witness identified accused 7 and 11 .
The Head Constable had heard the reports of revolver fire at about 10 30 a.m. Thereupon, he alongwith a Constable went out to the bus stand.
At the trial, P.W. 2 testified that the total number of culprits who had participated in the companymission of the murder was 20.
P.W. 2 identified A 8, while P.W.11 identified A 11 only.
P.W. 11 E. Solomon was the driver and P.W. 9 V. Bala Subbanna , the companyductor of that bus.
But, despite inquiries, numberone told him about the identity or particulars of the culprits.
A 2 objected that in 1962 or 1963 P.W. 9 had served him as driver of his bus for 10 days.
9 and 11 had companyrectly identified A 7, P.W 9 had identified A 2, also.
1, 15, 16 and 19 and recorded their statements under s. 161, Cr.
A 4 then came there.
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