Court : Supreme Court of India
Reported in : (1976)4SCC825
V.R. KRISHNA IYER, J.1. An unfortunate administrative error, which was discovered long after, has led to an avoidable writ petition, writ appeal and an appeal to this Court necessarily involving a considerable period of litigation and considerable expense. We have heard both sides at great length and have followed the points of the petitioner which appealed to the learned Single Judge of the High Court and of the respondent which appealed to the Division Bench which upturned the judgment of the learned Single Judge. We tentatively indicated what struck us as the correct and just conclusion. Counsel on both sides feel that the conclusion we have reached and which will be presently set down is manifestly fair in the circumstances of the case.2. The appellant joined the Southern Railway as a clerk way back in October 1948 and was confirmed as train clerk on April 1, 1949. He worked his way up and became a wagon chaser in an ex-cadre post. Thereafter, he was entitled to become Assistant Ya...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1989SC1543; 1976CriLJ1644; (1976)3SCC672; [1976]3SCR319; 1976(8)LC256(SC)
P.N. Shinghal, J.1. The Sessions Judge of Farukhabad convicted respondents Het Ram, Sobran and Ram Pal of an offence under Section 302/34 I.P.C. for committing the murder of Rati Ram, and sentenced them 10 rigorous imprisonment for life. He also convicted them of an offence under Section 307/34 I.P.C. for causing grievous injury to Raja Ram (P. W. 2) with intent to commit his murder, and sentenced them to rigorous imprisonment for ten years. The respondents were given benefit of doubt in regard to the murder of one Nain Sukh, brother-in-law of Rati Ram, and were acquitted. While no appeal was preferred against the acquittal, the accused went; up in appeal to the High Court of Judicature at Allahabad, which took the view that the prosecution had failed to establish the guilt beyond reasonable doubt. The High Court allowed the appeal by its judgment dated January 15, 1974, and set aside conviction and the sentences of the accused. Tile State of Uttar Pradesh has therefore filed the prese...
Tag this Judgment!Court : Supreme Court of India
Reported in : (1976)1SCC897; [1976]3SCR308; 1976(8)LC242(SC)
S. Murtaza Fazal Ali, J.1. This is an appeal against the judgment of S. Malik, J. of the Allahabad High Court who was assigned as an Election Judge to hear the election petition filed by the appellant in the High Court. The election petition was filed by the appellant who was one of the ten candidates for the member ship of the U P. Legislative Council from Basti cum-Gorakhpur Local Authority Constituency. The results of the aforesaid election were declared on April 30, 1974 and the appellant filed the election petition in the High Court on July 8, 1974 praying that the election of respondent No. 1 be declared void and that the appellant be declared to be duly elected. The election petition was placed for hearing before the learned Judge after he was assigned as a Judge to hear the election petition by the Chief Justice and the learned Judge framed 20 issues in the case. Issue No. 8 related to the question as to whether the election had been properly presented and was within time. As I...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC648; 1976CriLJ577; (1976)1SCC886; [1976]3SCR299; 1976(8)LC210(SC)
P.K. Goswami, J.1. On April, 19, 1975, the respondent Om Parkash (hereinafter to be described as the accused) inflicted as many as five stab wounds on the appellant Suraj Bhan. The injuries were very severe as will be found from the description given below :1. Incised wounds 5 cm x 2 cm oblique spindle shape on the left side of the front of abdomen, 8 cm below the xiphisternum and 6 cm to the left of mid line. Depth not probed edges were fresh.2. Incised wound 21/2 cm x 1 cm oblique, 6 cm on the left and 2 cm above injury No. 1, spindle shaped. Edges were fresh and depth was not probed.3. Incised wound 21/2 cm x 1 cm horizontal, spindle shaped 6 cm above the left anterior superior iliac spine. Depth was hot probed and edges were fresh.4. Incised wound 1 cm x 1/4 cm x 2 mm deep, horizontal 5 cm inner to end at the level of left anterior superior iliac spin edges were fresh.5. Penetrating wound 5 cm x 21/2 cm x cavity deep, horizontal on the front of abdomen 2 cm to the right of mid line...
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