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the payment of wages – The appellant remained in Tihar Central Jail, New Delhi from 24.03.2007 to 23.12.2010 i.e., for a period of 3 years and 10 months after grant of remission. During this period, she was allotted work in Medical Inspection (MI) room as ‘Sewadar’ (Assistant) for assisting the Doctors in OPD of Jail No. 6. Apart from that, she was also taking care of the cleanliness of the said room till her release.It is the simple case of the appellant that during her actual custody, viz., 3 years 10 months, she was assigned work in M.I. room as Sewadar (Assistant) which includes assisting Doctors in OPD and ‘Mulhiza’ and additional labour was also allotted to her and except for the above mentioned period, she was not paid any wages. On the other hand, it is the definite case of the jail authorities that for the work done, the convict had been paid wages as per the circulars/orders applicable to her. In view of the conflicting stand taken by both the sides and assertion of the appellant about her signature and certain entries in the Ledger, in order to do substantial justice, we permit the appellant to make a fresh representation to the visiting Judge giving all the details about the work done during the period of custody within a period of 4 weeks from today. On receipt of the representation, we direct the visiting Judge to inspect and peruse the Ledgers/documents with the assistance of the jail authorities in the presence of the appellant duly assisted by Supreme Court Legal Services Committee, preferably, Ms. Prachi Bajpai, and pass an order within a period of 3 months thereafter. The said decision has to be communicated to the appellant and the respondent-Jail Authorities. In the ultimate inquiry, if it is found that the appellant is entitled to any amount in addition to the amount already settled as wages, the same shall be paid within a period of 4 weeks thereafter. It is further made clear that except highlighting the grievance of the appellant and various circulars/orders of the Jail Authorities, we have not expressed anything on the merits of the claim of either party. 11) The appeal is disposed of with the above direction.

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION 1 CRIMINAL APPEAL NO. 1186 OF 2012 (Arising out of S.L.P. (Crl.) No. 2853 of 2012) Phool Kumari …. Appellant(s) Versus Office of the Superintendent Central Jail, Tihar, New Delhi and Anr. …. Respondent(s) 2     O R D E R P.Sathasivam,J. 1) Leave … Continue reading

service matter – punishment of removal from service that was imposed on him by the Cantonment Board, Jammu. It may be noticed, at the outset, that the High Court had allowed the Writ Petition of the respondent on the ground that the order of the Officer Commanding-in-Chief, the Command, affirming the order of the Cantonment Board removing the respondent from service was passed on the basis of an invalid reference made to the Officer Commanding- in-Chief, the Command, under the provisions of the Cantonments Act, 1924 (hereinafter referred to as the ‘Act’). The power to interfere with any decision of the Board is vested in the Officer Commanding-in-Chief, the Command, and the provisions of Section 52 merely enumerate the slightly different modes of exercise of the power in the different circumstances contemplated therein.We have noticed that certain questions with regard to the merits of the order dated 22.11.2001 passed by the Officer Commanding-in-Chief, the Command, were raised in the writ petition. As the writ petition as well as the LPA arising therefrom were decided on the question of jurisdiction of the Officer Commanding-in-Chief, the Command, to pass the impugned order dated 22.11.2001, the High Court had no occasion to go into the said questions raised. We, therefore, remand the matter to the High Court for consideration of all the other contentions raised in the writ petition by the respondent herein which issues will now be decided by the High Court as expeditiously as possible.

|REPORTABLE |   IN THE SUPREME COURT OF INDIA CIVIL APPELATE JURISDICTION CIVIL APPEAL No. 5820 of 2012 ( Arising out of SLP (Civil) 21824 of 2007) Cantonment Board, Jammu & Ors. … Appellants Versus Jagat Pal Singh Cheema … Respondent J U D G M E N T RANJAN GOGOI, J Leave granted. 2. … Continue reading

“14. Ex.C-4 is the receipt issued by the appellant vide which ‘Safed Musli sowing material was booked in advance for Rs. 78,000/-. Ex.C-10 is the guidelines issued by the appellant through its Technical Department and the name of the supervisor was Iqbal Singh, Ex. C-12 is the advertisement vide which respondent no. 1 and others were allured to cultivate ‘Safed Musli’ and the same was got published by the appellant, being franchisee of respondent no. 2, as mentioned in this advertisement and Ex.C-13 is the copy of the News Letter issued by the appellant, further guiding the farmers for preparation of the fields. Memorandum of Understanding (MOU) Ex. C-7 is not signed by any party and mere attestation is not sufficient to bind respondent no. 2 vide this MOU, but it is clear that the appellant allured respondent no. 1 and others to cultivate the ‘Safed Musli crop and predicted huge profits. Respondent no. 1 admittedly purchased ‘Safed Musli’ seed from the appellant and under the guidance of Iqbal Singh, who was the supervisor of the appellant, the said seed was sown but later on, Iqbal Singh gave his affidavit Ex.C-3, blaming that the plants withered away as the seed was not of good quality. The appellant has sold the seeds to respondent no.1 and it was for the appellant to ensure about the quality of the Seed. The appellant was required to obtain the copy of the certification of the seeds as well as the analyst report, before alluring the farmers to go for ‘Safed Musli’ crop as mode of diversification of the crop, but nothing has been placed on record and the absence of these vital documents and the affidavit of Iqbal Singh, supervisor of the appellant definitely prove that the quality of the seed was poor and for that the respondent no.1 suffered loss. This District Forum in its well reasoned and detailed order has rejected the other claims of respondent no. 1 which he could not prove, but has allowed the claim which is justified and there is no ground to interfere with the same ” . We find no merit in the revision petition, and therefore, the same is dismissed.

NATIONAL CONSUMER DISPUTES RERESSAL COMMISSION NEW DELHI   REVISION PETITION NO. 2675 OF 2012  (From the order dated 30.04.2012 in Appeal No. 562/2007 of the State Consumer Disputes Redressal Commission, Punjab, Chandigarh) Diverse Agro                                                             …  Petitioner 48-B, Tagore Nagar, Ludhiana through its Partner Sukhbir Singh of Ludhiana Versus 1.   Gurmeet Singh                                               …  Respondents       S/o Sh. Mukhtiar Singh R/o Dhan Singh … Continue reading

Section 151 CPC and analogus to the provisions of Order 1 Rule 10 of the Code of Civil Procedure for impleadment of a party to the complaint. The complainants are the parents of Shri‘Nitin Arora’ a student of Ninth class, who used to study in ‘Mahashya Chuni Lal Saraswati Bal Mandir, Senior Secondary School, L-Block, Hari Nagar, New Delhi’. He went with the school teachers and drowned in the Saryu river while taking a bath. There is sufficient delay in filing this application but taking into consideration the fact that the complainants are the unfortunate parents of a child, who died at a very young age, we do not propose to impose any costs. Amended complaint be filed and school be summoned for 24.9.2012. School is directed to file its written statement on the date fixed.

NATIONAL CONSUMER DISPUTES RERESSAL COMMISSION NEW DELHI M.A. No. 296 OF 2012 (for impleadment of parties) IN ORIGINAL PETITION NO. 269 OF 1999 Madan Lal Arora                                                          …  Complainant Versus Dharampal Ji,M.D.H. & Ors.                             …  Opposite Parties   BEFORE:      HON’BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER       HON’BLE MR. VINAY KUMAR, MEMBER For the Complainant               :  Mr. Peeyoosh Kalra, Advocate with Mr. Ashok, Advocate For the Opp. Parties               :  Mr. D. K. Mehta, Advocate   Pronounced … Continue reading

service matter – On 13.09.2004, the appellant, who was working on the post of District and Sessions Judge, Punna was compulsorily retired from the service in the public interest by the Government of Madhya Pradesh (for short, ‘the Government’) on the request of the Madhya Pradesh High Court (for short, ‘High Court’). The order of compulsory retirement was issued by the Government in exercise of its power under amended Rule 56(2)(a) of the Fundamental Rules, as made applicable in the State of Madhya Pradesh, Rule 14 of the Madhya Pradesh Higher Judicial Service (Recruitment and Service Conditions) Rules, 1994 (for short, ‘1994 Rules’), Rule 42(1)(b) of the Madhya Pradesh Civil Services (Pension) Rules, 1976 (for short, ‘1976 Rules’) and Rule 1-A of Madhya Pradesh District and Sessions Judges (Death- cum-Retirement Benefits) Rules, 1964 (for short, ‘1964 Rules’). In lieu of notice of three months, it was directed in the order that the appellant shall be entitled to three months’ salary and allowances which he was receiving prior to his retirement. The conduct of the appellant in involving an M.P. and the Ministry of Law, Justice and Company Affairs, in a matter of the High Court concerning an administrative review petition filed by him for expunging adverse remarks in ACRs of 1993 and 1994 is most reprehensible and highly unbecoming of a judicial officer. His conduct has tarnished the image of the judiciary and he disentitled himself from continuation in judicial service on that count alone. A Judge is expected not to be influenced by any external pressure and he is also supposed not to exert any influence on others in any administrative or judicial matter. Secondly and still worst, the appellant had an audacity to set up a plea in the rejoinder that he never made any representation to Shri R.K. Malaviya, M.P. for any purpose whatsoever. But for the appellant’s approaching Shri R.K. Malaviya and his request for help, Shri R.K. Malaviya would have never written the letter quoted above to the then Minister of State for Law, Justice and Company Affairs. On this ground also his writ petition was liable to be dismissed. In view of the above, we are satisfied that the recommendation made by the High Court to the Government for compulsory retirement of the appellant and the order of compulsory retirement issued by the Government do not suffer from any legal flaw. The order of compulsory retirement is neither arbitrary nor irrational justifying any interference in judicial review. The impugned judgment of the Division Bench is not legally unsustainable warranting any interference by this Court in an appeal under Article 136 of the Constitution of India. 44. Civil Appeal is, accordingly, dismissed with no order as to costs.

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5790 OF 2012 (Arising out of SLP(C) No. 1884 of 2007)   R.C. Chandel …… Appellant Vs. High Court of M.P. & Anr. …… Respondents   JUDGMENT R.M. LODHA, J. Leave granted. 2. On 13.09.2004, the appellant, who was working on the … Continue reading

That if the Seller applies for sale permission within the time stipulated in clause 8 above, but does not get it within 6 months, the Seller may determine this Agreement and the Seller shall refund to the Purchaser the earnest money received by him without any damages or interest, within a period of 15 days from the date of determination of the Agreement.”This, however, brings us face to face with a rather difficult situation having regard to the fact that the Agreement to Sell was executed 34 years ago on 8th September, 1978, in respect of the suit property. We cannot shut our eyes to the fact that during this period the price of real estate has escalated sharply. In addition to the above, the Appellant has not suffered any material loss, since only the earnest money of Rs.50,000/- had been paid by him to the Respondents and the balance consideration was yet to be paid when the agreement came to be terminated. Even the said sum of Rs.50,000/- was returned to the Appellant immediately upon termination of the Agreement and the said amount was duly accepted by the Appellant, though by recording his objections subsequently. The Appellant, therefore, has not suffered any monetary loss, and, on the other hand, the value of the property must have sky-rocketed during the period between the execution of the Agreement till date. In fact, that is why there is no prayer in the alternative for return of any sums advanced, which is one of the usual prayers in suits for specific performance.

|REPORTABLE | IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.5787 OF 2012 (Arising out of SLP(C)No.13490 of 2009)   1 Rattan Lal (since deceased) 2 Through His Legal Representatives … Appellant   Vs.     2 S.N. Bhalla & Anr. … Respondents     J U D G M E N … Continue reading

406. Punishment for criminal breach of trust.- Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. 409. Criminal breach of trust by public servant, or by banker, merchant or agent.- Whoever, being in any manner entrusted with property, or with any dominion over property in his capacity of a public servant or in the way of his business as a banker, merchant, factor, broker, attorney or agent, commits criminal breach of trust in respect of that property, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.” Section 409 enables the Court to award imprisonment for life or imprisonment up to ten years alongwith fine. Considering the fact that the appellant was awarded imprisonment for 6 months alongwith a fine of Rs. 1,000/- only, we feel that the same is not excessive. On the other hand, we are of the view that persons dealing with the property of the Government and entrusted with the task of distribution under FFWS, it is but proper on their part to maintain true accounts, handover coupons to the Mandal Revenue Office and to execute the same fully and without any lapse. Such recourse has not been followed by the appellant. The courts cannot take lenient view in awarding sentence on the ground of sympathy or delay, particularly, if it relates to distribution of essential commodities under any Scheme of the Government intended to benefit the public at large. Accordingly, while rejecting the request of the learned senior counsel for the appellant, we hold that there is no ground for reduction of sentence. 12) Under these circumstances, we find no merit in the appeal. Consequently, the same is dismissed. In view of the dismissal of the appeal, the order granting exemption from surrender is revoked and the appellant has to surrender within four weeks and serve out the remaining period of sentence.

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION 1 2 CRIMINAL APPEAL NO. 1159 OF 2012 3 (Arising out of SLP (Crl.) No. 7526 of 2011     Sadhupati Nageswara Rao …. Appellant(s) Versus State of Andhra Pradesh …. Respondent(s)   J U D G M E N T P. Sathasivam, J. 1) … Continue reading

the Entrance Examination for Post-Graduate (Medical) Selection 2012, Odisha are challenging the validity of Clause 11.2 of the Prospectus for selection of candidates for Post- Graduate (Medical) Courses in the Government Medical Colleges of Odisha for the Academic Year, 2012, as violative of Article 14 of the Constitution of India. -they are undergoing studies from May 2012 onwards and, at this distance of time, if they are displaced, that will cause serious injustice to them since they have already left the government service/public sector undertakings for joining the post graduate course. In view of the stand taken by the Medical Council -of India that seats for post-graduate courses cannot be increased, we are inclined to give a direction to the State of Odisha or their undertakings to take back the in-service candidates into their service and permit them to serve in the rural/tribal areas so that they can compete through the category of in-service candidates in the 50% seats earmarked for them for admission to the post-graduate course.We are, therefore, inclined to allow this appeal and set aside the judgment of the Division Bench as well as learned Single Judge by quashing the proviso to clause 9(2)(d) of the MCI regulations to the extend indicated above as well as clause 11.2 of the prospectus issued for admission to the Post Graduate Medical Examination 2012 in the State of Odisha. The State of Odisha, the Medical Council of India and respondents 1 to 4 are directed to take urgent steps to re-arrange the merit list and to fill up the seats of the direct category, excluding in-service candidates who got admission in the open category on the strength of weightage, within a period of one week from today and give admission to the open category candidates strictly on the basis of merit. – 36. Appeals are allowed and the judgments of the High Court are set aside accordingly.

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5705-5706 OF 2012 [Arising out of SLP (Civil) Nos. 16201-16202 of 2012] Satyaprata Sahoo & Ors. . Appellants Versus State of Orissa & Ors. . Respondents J U D G M E N T K. S. RADHAKRISHNAN, J. 1. Leave granted. 2. … Continue reading

undergone mental torture at the hands of insensible police officials. He might have agitated to ameliorate the cause of the poor and the downtrodden, but, the social humiliation that has been meted to him is quite capable of destroying the heart of his philosophy. It has been said that philosophy has the power to sustain a man’s courage. But courage is based on self-respect and when self-respect is dented, it is difficult even for a very strong minded person to maintain that courage. The initial invincible mind paves the path of corrosion. As is perceptible, the mindset of the protectors of law appears to cause torment and insult and tyrannize the man who is helpless in custody. There can be no trace of doubt that he is bound to develop stress disorder and anxiety which destroy the brightness and strength of the will power. It has been said that anxiety and stress are slow poisons. When torment is added, it creates commotion in the mind and the slow poisons get activated. The inhuman treatment can be well visualized when the appellant came out from custody and witnessed his photograph being circulated with the self-condemning words written on it. This withers away the very essence of life as enshrined under Article 21 of the Constitution. Regard being had to the various aspects which we have analysed and taking note of the totality of facts and circumstances, we are disposed to think that a sum of Rs.5.00 lacs (Rupees five lacs only) should be granted towards compensation to the appellant and, accordingly, we so direct. The said amount shall be paid by the respondent State within a period of six weeks and be realized from the erring officers in equal proportions from their salary as thought appropriate by the competent authority of the State. 47. Consequently, the appeal is allowed to the extent indicated above. However, in the facts and circumstances of the case, there shall be no order as to costs.

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No. 5703/2012 (Arising out of SLP (C) No. 34702 of 2010) Dr. Mehmood Nayyar Azam ….. Appellant Versus State of Chattisgarh and Ors. … Respondents   J U D G M E N T     Dipak Misra, J   Leave granted. 2. Albert … Continue reading

only male apart from PW- 1 Tarak, the father of the deceased, who was present on the fateful night with deceased Pampa in their house was the appellant. The house was locked from inside. Therefore, we have no hesitation in confirming the concurrent findings recorded by the trial court and the High Court on minute examination of the evidence that it is the appellant who was responsible for the rape and murder of deceased Pampa. The accused did not run away from the scene of offence. We find no substance in this submission. In the facts of this case, if the appellant had ran away, that would have, in fact, weakened his case and strengthened the prosecution case. The decision to remain at the spot appears to be a calculated one. In the circumstances, we are of the opinion that the prosecution has established its case beyond reasonable doubt. There is no merit in the case. 14. The appeal is dismissed.

NON-REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1591 OF 2007 KASHINATH MONDAL … APPELLANT Vs. STATE OF WEST BENGAL … RESPONDENT   JUDGMENT (SMT.) RANJANA PRAKASH DESAI, J. 1. The appellant – Kashinath Mondal was tried by the Additional Sessions Judge, Arambagh, Hooghly in S.T. Case No.66 of 2000 for … Continue reading

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