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What is the summary of this judgment? | The State of U.P. appointed a Second Pay Commission in the year 1979. The Ganna Gram Sewaks submitted a representa tion to the Commission demanding that since their qualifica tions were similar to those of Cane Supervisors and they performed the same kind of duties, they should get the same pay scale as that of the Can... | The U.P. Cane Development (Fourth Class) Service Rules, 1972 prescribe minimum qualification of High School Examina tion for the post of Ganna Gram Sewak. The U.P. Ganna Parya vekshak (III) Services Rules, 1972 lay down the basic quali fication of Intermediate (Agriculture) or equivalent or High School with two years '... |
What is the summary of this judgment? | The said recommendation was made by the Task Force Committee on the ground that there was no special difference between these two categories of posts in regard to 976 the duties performed by the members of each category. The Second Pay Commission, however, did not accept the recommen dation made by the Task Force Commi... | The U.P. Cane Development (Fourth Class) Service Rules, 1972 prescribe minimum qualification of High School Examina tion for the post of Ganna Gram Sewak. The U.P. Ganna Parya vekshak (III) Services Rules, 1972 lay down the basic quali fication of Intermediate (Agriculture) or equivalent or High School with two years '... |
What is the summary of this judgment? | Ganna Gram Sewak 185 265 325 495 Ordinary Ordinary Grade Grade 200 320 400 540 Selection After 15 years Grade of service Selection Grade on 15% posts. The recommendation of the Second Pay Commission was considered by the Review Committee and, thereafter, by the Cabinet Sub Committee. There is a dispute between the par ... | The U.P. Cane Development (Fourth Class) Service Rules, 1972 prescribe minimum qualification of High School Examina tion for the post of Ganna Gram Sewak. The U.P. Ganna Parya vekshak (III) Services Rules, 1972 lay down the basic quali fication of Intermediate (Agriculture) or equivalent or High School with two years '... |
What is the summary of this judgment? | The High Court took the view that although the minimum educational qualifications required were High School for Ganna Gram Sewaks and Intermediate in Agriculture for Cane Supervisors, since 1975 the minimum qualification for both Ganna Gram Sewaks and Cane Supervisors became Intermediate in Agricul ture. Further, the H... | The U.P. Cane Development (Fourth Class) Service Rules, 1972 prescribe minimum qualification of High School Examina tion for the post of Ganna Gram Sewak. The U.P. Ganna Parya vekshak (III) Services Rules, 1972 lay down the basic quali fication of Intermediate (Agriculture) or equivalent or High School with two years '... |
What is the summary of this judgment? | It may be that the Task Force Committee and the Review Committee had recommended for the merger, but it was for the State Government to consider whether such merger should be made or not. The State Government after considera tion of the relevant reports and recommendations accepted the recommendation of the Second Pay ... | The U.P. Cane Development (Fourth Class) Service Rules, 1972 prescribe minimum qualification of High School Examina tion for the post of Ganna Gram Sewak. The U.P. Ganna Parya vekshak (III) Services Rules, 1972 lay down the basic quali fication of Intermediate (Agriculture) or equivalent or High School with two years '... |
What is the summary of this judgment? | It has been already noticed that the duties that had to be performed by the Ganna Gram Sewaks are preparation of progress report, survey of the cane areas and development programmes. On the other hand, the Cane Supervisors are responsible for plant protection, inputs godown and nurser ies in the areas of Ganna Gram Sew... | The U.P. Cane Development (Fourth Class) Service Rules, 1972 prescribe minimum qualification of High School Examina tion for the post of Ganna Gram Sewak. The U.P. Ganna Parya vekshak (III) Services Rules, 1972 lay down the basic quali fication of Intermediate (Agriculture) or equivalent or High School with two years '... |
What is the summary of this judgment? | As has been stated already, the Second Pay Commission did not accept the recommendation of the Task Force Committee for the merger of the two posts into one. It is true that the Cane Supervisors are not doing any supervision of the work of the Ganna Gram Sewaks, but in view of the nature of duties performed by both, as... | The U.P. Cane Development (Fourth Class) Service Rules, 1972 prescribe minimum qualification of High School Examina tion for the post of Ganna Gram Sewak. The U.P. Ganna Parya vekshak (III) Services Rules, 1972 lay down the basic quali fication of Intermediate (Agriculture) or equivalent or High School with two years '... |
What is the summary of this judgment? | In other words, according to the High Court the minimum educational qualification required for both these posts is Intermediate in Agriculture. We have already referred to the Rules framed under Article 309 of the Constitution under which the minimum qualification for the posts of Ganna Gram Sewaks has been prescribed ... | The U.P. Cane Development (Fourth Class) Service Rules, 1972 prescribe minimum qualification of High School Examina tion for the post of Ganna Gram Sewak. The U.P. Ganna Parya vekshak (III) Services Rules, 1972 lay down the basic quali fication of Intermediate (Agriculture) or equivalent or High School with two years '... |
What is the summary of this judgment? | It is the case of the State of U.P. that the said letter was issued in connection with 600 new posts of Ganna Gram Sewaks to be created under non statutory bodies, namely, Sakkar Nidhi and Ganna Board. It is contend ed that these 600 posts have nothing to do with the posts of Ganna Gram Sewaks under the Cane Developmen... | The U.P. Cane Development (Fourth Class) Service Rules, 1972 prescribe minimum qualification of High School Examina tion for the post of Ganna Gram Sewak. The U.P. Ganna Parya vekshak (III) Services Rules, 1972 lay down the basic quali fication of Intermediate (Agriculture) or equivalent or High School with two years '... |
What is the summary of this judgment? | The High Court was, therefore. not justified in relying upon the said letter of the Cane Commissioner in preference to the Rules framed under Article 309 of the Constitution. In our view, there fore, not only the nature of duties attached to each post is different, but also the minimum qualification required for each p... | The U.P. Cane Development (Fourth Class) Service Rules, 1972 prescribe minimum qualification of High School Examina tion for the post of Ganna Gram Sewak. The U.P. Ganna Parya vekshak (III) Services Rules, 1972 lay down the basic quali fication of Intermediate (Agriculture) or equivalent or High School with two years '... |
What is the summary of this judgment? | In our view where, as in the instant case, of the two posts, one being the promotional post and the other being the feeder post, it will be beyond the jurisdiction of the Court to implement the principle of equal pay for equal work inasmuch as such implementation will practically result in the amalgmation of the two po... | The U.P. Cane Development (Fourth Class) Service Rules, 1972 prescribe minimum qualification of High School Examina tion for the post of Ganna Gram Sewak. The U.P. Ganna Parya vekshak (III) Services Rules, 1972 lay down the basic quali fication of Intermediate (Agriculture) or equivalent or High School with two years '... |
What is the summary of this judgment? | If the State Government is of the view that it is necessary that there should be a merger of the two posts into one post, the State Government has to take steps in that regard by framing proper rules with regard to seniority, promotions, etc. But, when two groups of persons are in the same or similar posts performing s... | The U.P. Cane Development (Fourth Class) Service Rules, 1972 prescribe minimum qualification of High School Examina tion for the post of Ganna Gram Sewak. The U.P. Ganna Parya vekshak (III) Services Rules, 1972 lay down the basic quali fication of Intermediate (Agriculture) or equivalent or High School with two years '... |
What is the summary of this judgment? | This judgment, however, will not prevent the State of U.P. from considering the merger of these two posts and the consequent equalisation of pay. P.S.S, Appeals allowed. | The U.P. Cane Development (Fourth Class) Service Rules, 1972 prescribe minimum qualification of High School Examina tion for the post of Ganna Gram Sewak. The U.P. Ganna Parya vekshak (III) Services Rules, 1972 lay down the basic quali fication of Intermediate (Agriculture) or equivalent or High School with two years '... |
What is the summary of this judgment? | iminal Appeals Nos. 89 and 90 of. Appeals by Special Leave from the Judgment and Order dated the 23rd November 1953 of the High Court of Judicature 'at Bombay in Criminal Appeal No. 1213 of 1953, and from the Judgment and Order dated the 25th August 1953 of the High Court of Judicature at Bombay in Criminal Appeal No. ... | The three accused Government servants were jointly charged with an offence punishable under section 5(2) of the Prevention of Corruption Act, 1947 and all three were further jointly charged with having committed breach of trust in furtherance of the common intention of all under section 409 of the Indian Penal Code rea... |
What is the summary of this judgment? | Narayan, for the appellant in Criminal Appeal No. 89 of 1954. C. Sanjeevarow Nayadu and R. Ganapathy Ayyar, for the appellant in Criminal Appeal No. 90 of 1954. M.C. Setalvad, Attorney General of India (G. N. Joshi and Porus A. Mehta, with him) for the respondent. | The three accused Government servants were jointly charged with an offence punishable under section 5(2) of the Prevention of Corruption Act, 1947 and all three were further jointly charged with having committed breach of trust in furtherance of the common intention of all under section 409 of the Indian Penal Code rea... |
What is the summary of this judgment? | 151 1180 1954. December 22. The Judgment of the Court was delivered by BOSE, J. These two appeals arise out of the same trial. The two appellants, Shreekantiah (the first accused in the trial Court and the appellant in Appeal No. 89 of 1954) and Parasuram (the second accused and the appellant in Appeal No. | The three accused Government servants were jointly charged with an offence punishable under section 5(2) of the Prevention of Corruption Act, 1947 and all three were further jointly charged with having committed breach of trust in furtherance of the common intention of all under section 409 of the Indian Penal Code rea... |
What is the summary of this judgment? | 90 of 1954) were tried with a third accused Dawson on a number of different charges centering round section 409 of the Indian Penal Code: criminal breach of trust by a public servant. The trial was by jury and all three were found guilty of an offence under section 409 read with section 34. They were convicted and sent... | The three accused Government servants were jointly charged with an offence punishable under section 5(2) of the Prevention of Corruption Act, 1947 and all three were further jointly charged with having committed breach of trust in furtherance of the common intention of all under section 409 of the Indian Penal Code rea... |
What is the summary of this judgment? | 2. Parasuram to two years and a fine of Rs. 500 with six months in default; and Accused No. 3. Dawson to six months and a fine of Rs. 200 with two months in default. | The three accused Government servants were jointly charged with an offence punishable under section 5(2) of the Prevention of Corruption Act, 1947 and all three were further jointly charged with having committed breach of trust in furtherance of the common intention of all under section 409 of the Indian Penal Code rea... |
What is the summary of this judgment? | The appeal of the second accused to the High Court was dismissed summarily on 25 8 1953 with the one word "dismissed". The first and third accused appealed separately. Their appeal was heard by another Bench and was admitted, and a reasoned judgment followed on 23 11 1953. This, to. say the least, was, in the circumsta... | The three accused Government servants were jointly charged with an offence punishable under section 5(2) of the Prevention of Corruption Act, 1947 and all three were further jointly charged with having committed breach of trust in furtherance of the common intention of all under section 409 of the Indian Penal Code rea... |
What is the summary of this judgment? | This Court was constrained to express its disapproval of the summary rejections of appeals which raise issues of substance and importance. We draw attention to the remarks in Mushtak Hussein vs The State of Bombay(1). Those observations apply with even greater force in the present case. The three accused are Government... | The three accused Government servants were jointly charged with an offence punishable under section 5(2) of the Prevention of Corruption Act, 1947 and all three were further jointly charged with having committed breach of trust in furtherance of the common intention of all under section 409 of the Indian Penal Code rea... |
What is the summary of this judgment? | The (1) ;, 820. 1181 second was under him as the officer in charge of the Receipts and Issue control section. The third worked directly under the second as the Assistant Stores Officer. The depot is maintained by the Central Government and covers an area of some 150 acres. Government stores worth several lacs of rupees... | The three accused Government servants were jointly charged with an offence punishable under section 5(2) of the Prevention of Corruption Act, 1947 and all three were further jointly charged with having committed breach of trust in furtherance of the common intention of all under section 409 of the Indian Penal Code rea... |
What is the summary of this judgment? | 4,000 were illegally passed out of the depot and were handed over to one Ibrahim Fida Hussain, an agent of the approver Mohsinbhai (P.W. 1). The case for the prosecution is that the three accused, who were in charge of these stores and to whom they had been entrusted in various capacities, entered into a conspiracy to ... | The three accused Government servants were jointly charged with an offence punishable under section 5(2) of the Prevention of Corruption Act, 1947 and all three were further jointly charged with having committed breach of trust in furtherance of the common intention of all under section 409 of the Indian Penal Code rea... |
What is the summary of this judgment? | The money is said to have been pocketed by the three accused and not credited to Government. On these facts a number of charges were framed. The first set was drawn up on 9 7 1953. All three accused were jointly charged with an offence punishable under section 5(2) of the Prevention of Corruption Act, 1947 and all thre... | The three accused Government servants were jointly charged with an offence punishable under section 5(2) of the Prevention of Corruption Act, 1947 and all three were further jointly charged with having committed breach of trust in furtherance of the common intention of all under section 409 of the Indian Penal Code rea... |
What is the summary of this judgment? | Objection was at once taken to these charges and the one which concerns us now was couched in the following terms; 1182 "It is further submitted that the trial under section 5(2), Corruption Act, 1947 with Indian Penal Code section 409 is likely to embarrass the accused in their defence as it would be difficult to effa... | The three accused Government servants were jointly charged with an offence punishable under section 5(2) of the Prevention of Corruption Act, 1947 and all three were further jointly charged with having committed breach of trust in furtherance of the common intention of all under section 409 of the Indian Penal Code rea... |
What is the summary of this judgment? | The only difference of substance is that the charge under section 5(2) was dropped. The others remained. Now it will be observed that the accused are all public servants and they contend that as, according to the prosecution, they purported to act in the discharge of their official duties, sanction was necessary under ... | The three accused Government servants were jointly charged with an offence punishable under section 5(2) of the Prevention of Corruption Act, 1947 and all three were further jointly charged with having committed breach of trust in furtherance of the common intention of all under section 409 of the Indian Penal Code rea... |
What is the summary of this judgment? | The sanction for these offences was limited to the first accused. On the same date sanction was also given for the prosecution of the first accused under section 5(2) of the Prevention of Corruption Act and a similar sanction was given against the second accused. The question is whether this sanction against the second... | The three accused Government servants were jointly charged with an offence punishable under section 5(2) of the Prevention of Corruption Act, 1947 and all three were further jointly charged with having committed breach of trust in furtherance of the common intention of all under section 409 of the Indian Penal Code rea... |
What is the summary of this judgment? | Therefore, an offence under section 409 could be tried under the Act of 1947 and the question arose whether it would have to be tried under that Act, or whether it could also be tried in the ordinary way by the ordinary Courts. The Punjab High Court held in The State vs Gurucharan Sinah(1) that it could not. Because of... | The three accused Government servants were jointly charged with an offence punishable under section 5(2) of the Prevention of Corruption Act, 1947 and all three were further jointly charged with having committed breach of trust in furtherance of the common intention of all under section 409 of the Indian Penal Code rea... |
What is the summary of this judgment? | 1952 Punjab 89, 1184 nary way under section 409 of the Indian Penal Code with the risk of a higher punishment. The question then is who is to do the choosing. Under section 197 of the Code of Criminal Procedure the Governor General was at that date the sanctioning authority though the words "exercising his individual j... | The three accused Government servants were jointly charged with an offence punishable under section 5(2) of the Prevention of Corruption Act, 1947 and all three were further jointly charged with having committed breach of trust in furtherance of the common intention of all under section 409 of the Indian Penal Code rea... |
What is the summary of this judgment? | They had the right to say whether a certain class of public servant who had committed criminal breach of trust should be tried for that offence under section 409 of the Indian Penal Code in the ordinary courts of the land according to the normal procedure obtaining there and be subject to a maximum penalty of ten years... | The three accused Government servants were jointly charged with an offence punishable under section 5(2) of the Prevention of Corruption Act, 1947 and all three were further jointly charged with having committed breach of trust in furtherance of the common intention of all under section 409 of the Indian Penal Code rea... |
What is the summary of this judgment? | There is a choice, not only of forum, but also of procedure and the extent of the maximum penalty. If two separate authorities are given the right to 1185 choose and neither can encroach upon the preserve of the other, then the Governor General has not sanctioned the present prosecution against the second accused and n... | The three accused Government servants were jointly charged with an offence punishable under section 5(2) of the Prevention of Corruption Act, 1947 and all three were further jointly charged with having committed breach of trust in furtherance of the common intention of all under section 409 of the Indian Penal Code rea... |
What is the summary of this judgment? | That a defect of this kind is fatal and cannot be cured is well settled. See the Privy Council in Gokulchand Dwarkadas vs The King(1), the observations of Varadachariar, J. in Hori Ram Singh vs The Crown(1) and the decision of this Court in Madan Mohan vs The State of Uttar Pradesh(1). But the learned Attorney General ... | The three accused Government servants were jointly charged with an offence punishable under section 5(2) of the Prevention of Corruption Act, 1947 and all three were further jointly charged with having committed breach of trust in furtherance of the common intention of all under section 409 of the Indian Penal Code rea... |
What is the summary of this judgment? | 1948 P.C. 82. (3) A.I.R. 1954 S.C. 637, 641. (2), 184. (4), 269. | The three accused Government servants were jointly charged with an offence punishable under section 5(2) of the Prevention of Corruption Act, 1947 and all three were further jointly charged with having committed breach of trust in furtherance of the common intention of all under section 409 of the Indian Penal Code rea... |
What is the summary of this judgment? | (5), 186. 1186 where, dealing with section 409 of the Indian Penal Code, he says "Though a reference to the capacity of the accused as a public servant is involved both in the charge under section 409 and in the charge under section 477 A, there is an important difference between the two cases, when one comes to deal w... | The three accused Government servants were jointly charged with an offence punishable under section 5(2) of the Prevention of Corruption Act, 1947 and all three were further jointly charged with having committed breach of trust in furtherance of the common intention of all under section 409 of the Indian Penal Code rea... |
What is the summary of this judgment? | There are cases and cases and each must be decided on its own facts. Now it is obvious that if section 197 of the Code of Criminal Procedure is construed too narrowly it can never be applied, for of course it is no part of an official 's duty to commit an offence and never can be. But it is not the duty we have to exam... | The three accused Government servants were jointly charged with an offence punishable under section 5(2) of the Prevention of Corruption Act, 1947 and all three were further jointly charged with having committed breach of trust in furtherance of the common intention of all under section 409 of the Indian Penal Code rea... |
What is the summary of this judgment? | Now an offence seldom consists of a single act. It is usually composed of several elements and, as a rule, a whole series of acts must be proved before it can be 1187 established. In the present case, the elements alleged against the second accused are, first, that there was an "entrustment" and/or "dominion"; second, ... | The three accused Government servants were jointly charged with an offence punishable under section 5(2) of the Prevention of Corruption Act, 1947 and all three were further jointly charged with having committed breach of trust in furtherance of the common intention of all under section 409 of the Indian Penal Code rea... |
What is the summary of this judgment? | He actually permitted their release and purported to do it in an official capacity, and apart from the fact that he did not pretend to act privately, there was no other way in which he could have done it. Therefore, whatever the intention or motive behind the act may have been, the physical part of it remained unaltere... | The three accused Government servants were jointly charged with an offence punishable under section 5(2) of the Prevention of Corruption Act, 1947 and all three were further jointly charged with having committed breach of trust in furtherance of the common intention of all under section 409 of the Indian Penal Code rea... |
What is the summary of this judgment? | We now turn to the appeal of the first accused. He has been convicted under section 409 of the Indian Penal Code read with section 34. The main point here concerns a vital misdirection in the charge to the jury about section 34. The learned Additional Sessions Judge misunderstood the scope and content of this section a... | The three accused Government servants were jointly charged with an offence punishable under section 5(2) of the Prevention of Corruption Act, 1947 and all three were further jointly charged with having committed breach of trust in furtherance of the common intention of all under section 409 of the Indian Penal Code rea... |
What is the summary of this judgment? | This is wrong, for it is the essence of the section that the person must be physically present at the actual commission of the crime. He need not be present in the actual room; he can, for instance, stand guard by a gate outside ready to warn his companions about any approach of danger or wait in a car on a nearby road... | The three accused Government servants were jointly charged with an offence punishable under section 5(2) of the Prevention of Corruption Act, 1947 and all three were further jointly charged with having committed breach of trust in furtherance of the common intention of all under section 409 of the Indian Penal Code rea... |
What is the summary of this judgment? | It is essential that they join in the actual doing of the act and not merely in planning its perpetration. The section has been elaborately explained by Lord Sumner in Barendra Kumar Ghosh vs The King Emperor(1). At page 52, he explains that "participation in action" is the leading feature of section 34. And at page 53... | The three accused Government servants were jointly charged with an offence punishable under section 5(2) of the Prevention of Corruption Act, 1947 and all three were further jointly charged with having committed breach of trust in furtherance of the common intention of all under section 409 of the Indian Penal Code rea... |
What is the summary of this judgment? | The misdirection is plain and it goes to the root of the matter because the jury returned a verdict of guilty under section 409 of the Indian Penal Code read with section 34 alone and not under section 409 read with section 109. It is part of the defence of the first accused that he was not present when the goods were ... | The three accused Government servants were jointly charged with an offence punishable under section 5(2) of the Prevention of Corruption Act, 1947 and all three were further jointly charged with having committed breach of trust in furtherance of the common intention of all under section 409 of the Indian Penal Code rea... |
What is the summary of this judgment? | 1190 cannot be convicted with the aid of section 34. He could have been convicted of the abetment had the jury returned a verdict to that effect because there is evidence of abetment and the charge about abetment is right in law. But the jury ignored the abetment part of the charge and we have no means of knowing wheth... | The three accused Government servants were jointly charged with an offence punishable under section 5(2) of the Prevention of Corruption Act, 1947 and all three were further jointly charged with having committed breach of trust in furtherance of the common intention of all under section 409 of the Indian Penal Code rea... |
What is the summary of this judgment? | The learned trial Judge told the jury that "the evidence led by the prosecution about the payment of the Rs. 4,000 is proved to be utterly useless", and in telling them why he gave them a number of reasons. But he omitted to follow this up by telling them that if they rejected this part of the prosecution case, as he i... | The three accused Government servants were jointly charged with an offence punishable under section 5(2) of the Prevention of Corruption Act, 1947 and all three were further jointly charged with having committed breach of trust in furtherance of the common intention of all under section 409 of the Indian Penal Code rea... |
What is the summary of this judgment? | We have now to consider whether there should be a retrial. As the present trial cannot proceed against the second accused, and as all the accused are said to have acted in concert each playing an appointed part in a common plan, we do not think it would be right 1191 to direct a retrial though this is the normal course... | The three accused Government servants were jointly charged with an offence punishable under section 5(2) of the Prevention of Corruption Act, 1947 and all three were further jointly charged with having committed breach of trust in furtherance of the common intention of all under section 409 of the Indian Penal Code rea... |
What is the summary of this judgment? | The fine if paid, will be refunded. The bail bond of the second accused will be cancelled. | The three accused Government servants were jointly charged with an offence punishable under section 5(2) of the Prevention of Corruption Act, 1947 and all three were further jointly charged with having committed breach of trust in furtherance of the common intention of all under section 409 of the Indian Penal Code rea... |
What is the summary of this judgment? | Civil Appeal No. 1137 of 1976. Appeal by Special Leave from the Judgment and Order dated the 14 8 75 of the Punjab and Haryana High Court in C.W. No. 3995 of 1975. J. Ramamurthi for the Appellants. | Misconduct was imputed to the appellant by his employer, the second respondent. The then Secretary of the bank enquired into the allegations and, after issuing a notice to the appellant for showing cause against punishment, accepted his explanation and dropped the proceedings. Thereafter, the Managing Director of the B... |
What is the summary of this judgment? | Janendra Lal and B. R. Agarwala for Respondents 2 and 3 The Judgment of the Court was delivered by KRISHNA IYER, J. This appeal, by special leave, lends itself to a quick burial in view of the brief facts set out below. The appellant has been an employee of the second respondent. A notice was issued to him to show caus... | Misconduct was imputed to the appellant by his employer, the second respondent. The then Secretary of the bank enquired into the allegations and, after issuing a notice to the appellant for showing cause against punishment, accepted his explanation and dropped the proceedings. Thereafter, the Managing Director of the B... |
What is the summary of this judgment? | Thereafter, the Managing Director taking the view that Shri Daljit Singh, Secretary, had no power to inflict punishment on the employees of the bank and that therefore the proceedings culminating in the exoneration of the appellant were invalid issued a fresh memorandum which concluded thus: "After considering the said... | Misconduct was imputed to the appellant by his employer, the second respondent. The then Secretary of the bank enquired into the allegations and, after issuing a notice to the appellant for showing cause against punishment, accepted his explanation and dropped the proceedings. Thereafter, the Managing Director of the B... |
What is the summary of this judgment? | It is only in the event of the appellant being punished that any grievance can arise for him to be agitated in the proper forum. Other obstacles in the way of granting the appellant relief were also urged before the High Court and before us, but we are not inclined to investigate them for the short reason that the writ... | Misconduct was imputed to the appellant by his employer, the second respondent. The then Secretary of the bank enquired into the allegations and, after issuing a notice to the appellant for showing cause against punishment, accepted his explanation and dropped the proceedings. Thereafter, the Managing Director of the B... |
What is the summary of this judgment? | We are satisfied that, enough unto the day being the evil thereof, we need not dwell on problems which do not arise in the light of the 687 view we take that there is no present grievance of punitive action which can be ventilated in court. After all, even the question of jurisdiction to re open what is claimed to be a... | Misconduct was imputed to the appellant by his employer, the second respondent. The then Secretary of the bank enquired into the allegations and, after issuing a notice to the appellant for showing cause against punishment, accepted his explanation and dropped the proceedings. Thereafter, the Managing Director of the B... |
What is the summary of this judgment? | civil Appeal No. 767 of 1973. From the Judgment and order date the 9th March, 1973 of the Rajasthan High Court at Jodhpur in Election Petition No. 10 of 1972. D. P. Singh, Subhagmal Jain and R. K. Jain, for the Appellant. A. K Sen, Yogeshwar Prasad, section K. Bagga, Mrs. section Bagga and Miss Yash Bagga, for the Resp... | Representation of the People Act, 1951, s.77 Election expenses Failure of successful candidate to maintain account in prescribed manner, if constitutes corrupt practice. The appellant and the respondent were the main candidates in the election lo the Rajasthan Legislative Assembly from the Karauli constituency. The res... |
What is the summary of this judgment? | This is an appeal by Shiv Charan Singh against the judgment of the Rajasthan High Court whereby election petition filed by the appellant to question the election of Brijendra Pal respondent from the Karauli constituency to the Rajasthan Assembly was dismiss cd. The appellant and the respondent were the main candidates ... | Representation of the People Act, 1951, s.77 Election expenses Failure of successful candidate to maintain account in prescribed manner, if constitutes corrupt practice. The appellant and the respondent were the main candidates in the election lo the Rajasthan Legislative Assembly from the Karauli constituency. The res... |
What is the summary of this judgment? | The aforesaid news item was stated to contain false defamatory statements of fact in relation to the personal character and conduct of the appellant. It was added that the respondent and his election agent and Radhey Shyam Sharma believed those statements, which were calculated to prejudice the prospects of the appella... | Representation of the People Act, 1951, s.77 Election expenses Failure of successful candidate to maintain account in prescribed manner, if constitutes corrupt practice. The appellant and the respondent were the main candidates in the election lo the Rajasthan Legislative Assembly from the Karauli constituency. The res... |
What is the summary of this judgment? | The pamphlet was stated to have been distributed by the respondent, his election agent and Radhey Shyam Sharma at an election meeting at Bhudara on March 2, 1972. Radhey Shyam Sharma was further alleged to have published another issue exhibit 3 of Kronch containing defamatory statements of fact against the appellant. T... | Representation of the People Act, 1951, s.77 Election expenses Failure of successful candidate to maintain account in prescribed manner, if constitutes corrupt practice. The appellant and the respondent were the main candidates in the election lo the Rajasthan Legislative Assembly from the Karauli constituency. The res... |
What is the summary of this judgment? | 35,000 over and above the amount shown by him in the return of election expenses. The petition was resisted by the respondent and he denied the various allegations made by the appellant. According to the respondent, Radhey Shyam Sharma was hostile to the appellant and had as long ago as October 15, 1970 bitterly critic... | Representation of the People Act, 1951, s.77 Election expenses Failure of successful candidate to maintain account in prescribed manner, if constitutes corrupt practice. The appellant and the respondent were the main candidates in the election lo the Rajasthan Legislative Assembly from the Karauli constituency. The res... |
What is the summary of this judgment? | According to the respondent, the allegations contained in the impugned issues of Kronch and the pamphlet had earlier been made m some other papers and on the floor of the Rajasthan Legislative Assembly. They had also been made by one Babulal Sharma, Convenor of Yuvak Congress Mandal, Karauli. As regards the election ex... | Representation of the People Act, 1951, s.77 Election expenses Failure of successful candidate to maintain account in prescribed manner, if constitutes corrupt practice. The appellant and the respondent were the main candidates in the election lo the Rajasthan Legislative Assembly from the Karauli constituency. The res... |
What is the summary of this judgment? | Did the respondent and his election agent Mr. Jagdish Pal publish the statement of fact in relation to the personal character or conduct of the petitioner as alleged in paragraphs 14? 16, 18, 19 and 20 of the petition ? 2. Was Mr. Radhey Shyam Sharma engaged by the respondent to carry on his propaganda and was he in ch... | Representation of the People Act, 1951, s.77 Election expenses Failure of successful candidate to maintain account in prescribed manner, if constitutes corrupt practice. The appellant and the respondent were the main candidates in the election lo the Rajasthan Legislative Assembly from the Karauli constituency. The res... |
What is the summary of this judgment? | 1 false, and did the respondent or his election agent or Mr. Radhey Shyam Sharma believe them to be false. Or did not believe them to be true? (b) Were those statements reasonably calculated to prejudice the prospects of the petitioner 's election ? 4. Have the respondent and his election agent deliberately failed to m... | Representation of the People Act, 1951, s.77 Election expenses Failure of successful candidate to maintain account in prescribed manner, if constitutes corrupt practice. The appellant and the respondent were the main candidates in the election lo the Rajasthan Legislative Assembly from the Karauli constituency. The res... |
What is the summary of this judgment? | Have the respondent and his election agent incurred or authorised expenditure in contravention of section 77 of the Representation of the People Act, 1951, as alleged in the election petition ?" issues (1) and (2) were decided against the appellant. The view of the findings on issue Nos. 1 and 2, issue No. 3 was held n... | Representation of the People Act, 1951, s.77 Election expenses Failure of successful candidate to maintain account in prescribed manner, if constitutes corrupt practice. The appellant and the respondent were the main candidates in the election lo the Rajasthan Legislative Assembly from the Karauli constituency. The res... |
What is the summary of this judgment? | Issues (4) and (5) too were decided against the appellant. In the result the election petition was dismissed At the hearing of the appeal Mr. D. P. Singh on behalf of the appellant has assailed the findings of the High Court on the different issues. As regards the election expenses, it has been conceded by Mr. Singh th... | Representation of the People Act, 1951, s.77 Election expenses Failure of successful candidate to maintain account in prescribed manner, if constitutes corrupt practice. The appellant and the respondent were the main candidates in the election lo the Rajasthan Legislative Assembly from the Karauli constituency. The res... |
What is the summary of this judgment? | Reference was made to the expenses for the purchase of petrol. According to return exhibit 6 filed by the respondent, he spent Rs. 3,253.27 on petrol. The correctness of that above figure is vouchsafed by the statement of accounts filed by Karauli Auto Stores The petrol pump which supplied petrol for the respondent bel... | Representation of the People Act, 1951, s.77 Election expenses Failure of successful candidate to maintain account in prescribed manner, if constitutes corrupt practice. The appellant and the respondent were the main candidates in the election lo the Rajasthan Legislative Assembly from the Karauli constituency. The res... |
What is the summary of this judgment? | In spite of that order the appellant or his counsel could not examine those account books and documents. Nothing was consequently brought on record to question the correctness of the entries in the account books. It has also been urged that the appellant engaged certain vehicles is for a number of days but the expenses... | Representation of the People Act, 1951, s.77 Election expenses Failure of successful candidate to maintain account in prescribed manner, if constitutes corrupt practice. The appellant and the respondent were the main candidates in the election lo the Rajasthan Legislative Assembly from the Karauli constituency. The res... |
What is the summary of this judgment? | The High Court declined to accept that evidence. After hearing the learned counsel for the appellant, we are not inclined to take a contrary view. The evidence adduced by the appellant was not only not supported by any documents it ran counter to the documents which were produced by the respondent and some of which had... | Representation of the People Act, 1951, s.77 Election expenses Failure of successful candidate to maintain account in prescribed manner, if constitutes corrupt practice. The appellant and the respondent were the main candidates in the election lo the Rajasthan Legislative Assembly from the Karauli constituency. The res... |
What is the summary of this judgment? | 35. The case of the respondent in that respect is that the was charged Rs. 35 as daily hiring charges because he prevented the requisitioning of those trucks by making a representation that they were needed for his election campaign. Evidence was also produced in support of the above stand of the respondent. The High C... | Representation of the People Act, 1951, s.77 Election expenses Failure of successful candidate to maintain account in prescribed manner, if constitutes corrupt practice. The appellant and the respondent were the main candidates in the election lo the Rajasthan Legislative Assembly from the Karauli constituency. The res... |
What is the summary of this judgment? | The fact that there are suspicious 421 features in the respondent 's case about his election expenses would not justify interference with the finding of the High Court because suspicion cannot take the place of proof. Coming to the question of the impugned issues of Kronch and pamphlet exhibit 2, we find that there is ... | Representation of the People Act, 1951, s.77 Election expenses Failure of successful candidate to maintain account in prescribed manner, if constitutes corrupt practice. The appellant and the respondent were the main candidates in the election lo the Rajasthan Legislative Assembly from the Karauli constituency. The res... |
What is the summary of this judgment? | According to these reports, Radhey Shyam journalist addressed those meetings and asked those present to vote for the respondent. There is no mention in these reports of Radhey Shyam having said anything against the appellant. There is also no reference to the distribution of any pamphlets or issues of Kronch in those m... | Representation of the People Act, 1951, s.77 Election expenses Failure of successful candidate to maintain account in prescribed manner, if constitutes corrupt practice. The appellant and the respondent were the main candidates in the election lo the Rajasthan Legislative Assembly from the Karauli constituency. The res... |
What is the summary of this judgment? | It is in the evidence of Sub Inspector Bhopal Ram (PW 18) that if any newspaper is distributed in an election meeting and a copy of it becomes easily available to the constable present in that meeting, he sends it along with his report. The witness also produced some pamphlets which were distributed in an election meet... | Representation of the People Act, 1951, s.77 Election expenses Failure of successful candidate to maintain account in prescribed manner, if constitutes corrupt practice. The appellant and the respondent were the main candidates in the election lo the Rajasthan Legislative Assembly from the Karauli constituency. The res... |
What is the summary of this judgment? | We consequently neither affirm nor disaffirm the finding of fact or law under this issue. The appeal fails and is dismissed but in the circumstances without costs. V.M.K. Appeal dismissed. | Representation of the People Act, 1951, s.77 Election expenses Failure of successful candidate to maintain account in prescribed manner, if constitutes corrupt practice. The appellant and the respondent were the main candidates in the election lo the Rajasthan Legislative Assembly from the Karauli constituency. The res... |
What is the summary of this judgment? | Civil Appeal No. 716 of 1968 Appeal by Special Leave from the Judgment and order dated the 2nd March, 1967 of the Patna High Court in Letters Patent Appeal No. S of 1962. section C. Mishra and U. P. Singh for the appellant. S N. Prasad, A. K. Srivastava, M. section Narasimhan and B. P. Singh for the respondents. The Ju... | Section 3 of the Bihar Land Reforms Act, 1 950, transfers all interests in estates or tenures of a proprietor or tenure holder to the State as from a date notified under section 4. Section 6 carves out of this land mass and leaves untouched, apart from raiyati holdings the bakasht lands in Khas possession of the 'inter... |
What is the summary of this judgment? | Still he lost at the stage of the Letters Patent Appeal, because 3 Division Bench of the High Court held that he had been robbed of his right to sue by Section 6 of the Act. We may set out the relevant facts briefly. Although a number of items of immovable property were involved in the suit, which was for ejectment on ... | Section 3 of the Bihar Land Reforms Act, 1 950, transfers all interests in estates or tenures of a proprietor or tenure holder to the State as from a date notified under section 4. Section 6 carves out of this land mass and leaves untouched, apart from raiyati holdings the bakasht lands in Khas possession of the 'inter... |
What is the summary of this judgment? | several items of property were gifted by one Ram Badan Singh to his two wives whose names were duly mutated in the revenue register. The further course of the proprietary history takes us to the creation of a wakf and the office of mutawalli which are not relevant to the controversy before us but are interesting when w... | Section 3 of the Bihar Land Reforms Act, 1 950, transfers all interests in estates or tenures of a proprietor or tenure holder to the State as from a date notified under section 4. Section 6 carves out of this land mass and leaves untouched, apart from raiyati holdings the bakasht lands in Khas possession of the 'inter... |
What is the summary of this judgment? | Undaunted by this fact defendants, second ;3 party, sold the suit lands to the defendants first party alleging an oral partition sometime before August 1952 and under cover of that case, committed trespass. Thereupon, a scramble for possession these properties and a proceeding under section 145 Cr. P.C. ensued in which... | Section 3 of the Bihar Land Reforms Act, 1 950, transfers all interests in estates or tenures of a proprietor or tenure holder to the State as from a date notified under section 4. Section 6 carves out of this land mass and leaves untouched, apart from raiyati holdings the bakasht lands in Khas possession of the 'inter... |
What is the summary of this judgment? | The courts of fact found against the defendants and decreed the suit as prayed for, but in Letters Patent Appeal, the present contestig respondents, i.e., the defendants 1st party, urged with success that the plaintiff had lost his title thanks to the operation of sections 3 and 4 of the Act and could not salvage any i... | Section 3 of the Bihar Land Reforms Act, 1 950, transfers all interests in estates or tenures of a proprietor or tenure holder to the State as from a date notified under section 4. Section 6 carves out of this land mass and leaves untouched, apart from raiyati holdings the bakasht lands in Khas possession of the 'inter... |
What is the summary of this judgment? | We may as well mention here, but dilate on it later, that certain items out of the B Schedule bakasht lands are, on the showing of defendants second party, not in their possession, although the plaintiff has averred., in his pleading, dispossession of all the B Schedule lands The legal impact of this circumstance on se... | Section 3 of the Bihar Land Reforms Act, 1 950, transfers all interests in estates or tenures of a proprietor or tenure holder to the State as from a date notified under section 4. Section 6 carves out of this land mass and leaves untouched, apart from raiyati holdings the bakasht lands in Khas possession of the 'inter... |
What is the summary of this judgment? | If the assertion of non implementation of land reforms laws made at the bar were true, the Bihar State Government has much to answer for to 'We the People of India ' and to the stultified legislature whose 'reform ' exercise remains in suspended animation. In this very case, before the High Court, the Advocate General ... | Section 3 of the Bihar Land Reforms Act, 1 950, transfers all interests in estates or tenures of a proprietor or tenure holder to the State as from a date notified under section 4. Section 6 carves out of this land mass and leaves untouched, apart from raiyati holdings the bakasht lands in Khas possession of the 'inter... |
What is the summary of this judgment? | Its basic object is to extinguish the proprietary rights and transfer absolutely, and free from all private interests, such ownership to the Stat. The tillers are not to be up rooted and so, they i.e., the raiyats and under raiyats are to be settled on terms of fair rent. The Act, making; a simplistic dischotomy suffic... | Section 3 of the Bihar Land Reforms Act, 1 950, transfers all interests in estates or tenures of a proprietor or tenure holder to the State as from a date notified under section 4. Section 6 carves out of this land mass and leaves untouched, apart from raiyati holdings the bakasht lands in Khas possession of the 'inter... |
What is the summary of this judgment? | Lands not falling within the saved category will be directly managed by the State (sec. 13), if need be, by ejecting trespassers if they are found ill illegal occupation [sec. 4(g)]. 'rh valuable rights attached to or imbedded in lands, like trees, fisheries, minerals also go to the State. A seemingly bold legislation ... | Section 3 of the Bihar Land Reforms Act, 1 950, transfers all interests in estates or tenures of a proprietor or tenure holder to the State as from a date notified under section 4. Section 6 carves out of this land mass and leaves untouched, apart from raiyati holdings the bakasht lands in Khas possession of the 'inter... |
What is the summary of this judgment? | Indeed. if we may anticipate our conclusion, the pronouncements of this Court in Surajnath Ahir vs 744 Prithinath Singh(1) and Ram Ran Bijai Singh & Ors vs Behari Singh @ Bagandha Singh,( ') bar and bolt the, door of escape in a big way and counsel for the appellant has striven to impress on us the need to reconsider a... | Section 3 of the Bihar Land Reforms Act, 1 950, transfers all interests in estates or tenures of a proprietor or tenure holder to the State as from a date notified under section 4. Section 6 carves out of this land mass and leaves untouched, apart from raiyati holdings the bakasht lands in Khas possession of the 'inter... |
What is the summary of this judgment? | The creative legal ideas needed to effectuate this developmental plan are conceptually alien to the old land law and 'rural ' jurisprudence, wearing as they do radical contenance. The Court, in the process of construction must help the chariot of land reform move forward and sections 3 and 6 are the vital wheels. Havin... | Section 3 of the Bihar Land Reforms Act, 1 950, transfers all interests in estates or tenures of a proprietor or tenure holder to the State as from a date notified under section 4. Section 6 carves out of this land mass and leaves untouched, apart from raiyati holdings the bakasht lands in Khas possession of the 'inter... |
What is the summary of this judgment? | We have already adverted to the skeletal scheme of the Act, of vesting the lands in the State and saving in the hands of proprietors such lands as are in their khas possession, including certain categories spelt out in s.6 by settling them on fair rents under the State. So, the crucial concept of khas possession calls ... | Section 3 of the Bihar Land Reforms Act, 1 950, transfers all interests in estates or tenures of a proprietor or tenure holder to the State as from a date notified under section 4. Section 6 carves out of this land mass and leaves untouched, apart from raiyati holdings the bakasht lands in Khas possession of the 'inter... |
What is the summary of this judgment? | The emphatic point is that possession is actual possession and admits of no dilution except to the extent s.6 itself, by an inclusive process permits. This basic idea banishes the importation of the right to possess as tantamount to khas possession. It would be a perversion of definition to equate the two. Of course, S... | Section 3 of the Bihar Land Reforms Act, 1 950, transfers all interests in estates or tenures of a proprietor or tenure holder to the State as from a date notified under section 4. Section 6 carves out of this land mass and leaves untouched, apart from raiyati holdings the bakasht lands in Khas possession of the 'inter... |
What is the summary of this judgment? | short shrift of certain other questions raised by him. He has desired ` us, by way of preliminary objection, not to give quarter to the plea, founded on section 6 of the Act, to non suit his client, since it was a point raised be nova at Letters Patent state. The High Court have thought to this objection but overruled ... | Section 3 of the Bihar Land Reforms Act, 1 950, transfers all interests in estates or tenures of a proprietor or tenure holder to the State as from a date notified under section 4. Section 6 carves out of this land mass and leaves untouched, apart from raiyati holdings the bakasht lands in Khas possession of the 'inter... |
What is the summary of this judgment? | But their Lordships have no hesitation in holding that the course ought not any case to be followed unless the Court is satisfied that the evidence upon which they are asked to decide establishes beyond doubt that the facts if fully investigated would have supported the new plea." (1), 480. 17 L925SupCI /75 746 We agre... | Section 3 of the Bihar Land Reforms Act, 1 950, transfers all interests in estates or tenures of a proprietor or tenure holder to the State as from a date notified under section 4. Section 6 carves out of this land mass and leaves untouched, apart from raiyati holdings the bakasht lands in Khas possession of the 'inter... |
What is the summary of this judgment? | According to him, the defendants, first party, had stated in their written statement that their possession of the disputed items as based on the order of the Magistrate under s.145 Cr. P.C.`. That order having been found erroneous, no benefit could accrue to the defendants. So stated, it is a little obscure and indeed ... | Section 3 of the Bihar Land Reforms Act, 1 950, transfers all interests in estates or tenures of a proprietor or tenure holder to the State as from a date notified under section 4. Section 6 carves out of this land mass and leaves untouched, apart from raiyati holdings the bakasht lands in Khas possession of the 'inter... |
What is the summary of this judgment? | before the criminal court in view of the dispute regarding the claims of actual possession. In the order of the Magistrate, the oral partition relied on by the defendants was held proved and the subsequent deed of partition relied on by the plaintiff held not been acted upon. Counsel says that this led to the occupatio... | Section 3 of the Bihar Land Reforms Act, 1 950, transfers all interests in estates or tenures of a proprietor or tenure holder to the State as from a date notified under section 4. Section 6 carves out of this land mass and leaves untouched, apart from raiyati holdings the bakasht lands in Khas possession of the 'inter... |
What is the summary of this judgment? | He has done no wrong nor conferred any unjust advantage. There is no principle on which it could be held that these circumstance deprive a party of the benefit of his possession and d of the dispossession of the plaintiff flowing from s.6 of the Act; if any rights accrued from a statutory provision, it could not withhe... | Section 3 of the Bihar Land Reforms Act, 1 950, transfers all interests in estates or tenures of a proprietor or tenure holder to the State as from a date notified under section 4. Section 6 carves out of this land mass and leaves untouched, apart from raiyati holdings the bakasht lands in Khas possession of the 'inter... |
What is the summary of this judgment? | Moreover, there is nothing in section 35 of the Act, relied on by counsel to substantiate his submission, depriving the civil court of its jurisdiction to decide questions of declaration of title and consequential relief of possession. Section 35 deals with different types of suits Indeed, s.6(1) with which we are conc... | Section 3 of the Bihar Land Reforms Act, 1 950, transfers all interests in estates or tenures of a proprietor or tenure holder to the State as from a date notified under section 4. Section 6 carves out of this land mass and leaves untouched, apart from raiyati holdings the bakasht lands in Khas possession of the 'inter... |
What is the summary of this judgment? | If so, Ex.4/a remains an arrangement for separate enjoyment between co owners, title continuing, joint. The follow up of this reasoning is that the suit properties are in the possession of co shares viz, defendants first party (derived from defendents., second party) and possession of one co sharer is possession of the... | Section 3 of the Bihar Land Reforms Act, 1 950, transfers all interests in estates or tenures of a proprietor or tenure holder to the State as from a date notified under section 4. Section 6 carves out of this land mass and leaves untouched, apart from raiyati holdings the bakasht lands in Khas possession of the 'inter... |
What is the summary of this judgment? | The partition is valid, it divests title, it binds all; but, so far as land revenue liability is concerned, it relieves parties from the burden falling, on the other sharer 's land only if the exercise prescribed in the Estates Partition Act is gone through. The statute is a Protective fiscal armour not a mono for divi... | Section 3 of the Bihar Land Reforms Act, 1 950, transfers all interests in estates or tenures of a proprietor or tenure holder to the State as from a date notified under section 4. Section 6 carves out of this land mass and leaves untouched, apart from raiyati holdings the bakasht lands in Khas possession of the 'inter... |
What is the summary of this judgment? | 748 but as exclusive owner. Seeming legal ingenuity has small chance in A court and to miss the point and pertinence of a measure is to travel to a wrong destination. Now we come to the master problem presented at learned length by Shri section C. Misra and deferentially listened to by us to discover its substance and ... | Section 3 of the Bihar Land Reforms Act, 1 950, transfers all interests in estates or tenures of a proprietor or tenure holder to the State as from a date notified under section 4. Section 6 carves out of this land mass and leaves untouched, apart from raiyati holdings the bakasht lands in Khas possession of the 'inter... |
What is the summary of this judgment? | The social economic thrust of the law in this area should not be retarded by judicial construction but filliped by the legal process, without departing from the plain meaning and objective of the Act. We may delineate the content and contours of section 6 with which we arc directly concerned in the present case. The pr... | Section 3 of the Bihar Land Reforms Act, 1 950, transfers all interests in estates or tenures of a proprietor or tenure holder to the State as from a date notified under section 4. Section 6 carves out of this land mass and leaves untouched, apart from raiyati holdings the bakasht lands in Khas possession of the 'inter... |
What is the summary of this judgment? | F We may here read sections 3, 4(g) and 6(1) of the Act: "3. Notification vesting an estate or tenure in the State (1) The State Government may, from time to time, by notification declare that the estates or tenures of a proprietor or tenure holder, specified in the notification, have passed to and become vested in the... | Section 3 of the Bihar Land Reforms Act, 1 950, transfers all interests in estates or tenures of a proprietor or tenure holder to the State as from a date notified under section 4. Section 6 carves out of this land mass and leaves untouched, apart from raiyati holdings the bakasht lands in Khas possession of the 'inter... |
What is the summary of this judgment? | Certain other lands in khas possession of intermediaries to be retained by them on payment of rent as raiyats having occupancy rights (1) on and from the date of vesting all lands used for agricultural or horticultural purposes, which were in khas possession of an intermediary on the date of such vesting, including (a)... | Section 3 of the Bihar Land Reforms Act, 1 950, transfers all interests in estates or tenures of a proprietor or tenure holder to the State as from a date notified under section 4. Section 6 carves out of this land mass and leaves untouched, apart from raiyati holdings the bakasht lands in Khas possession of the 'inter... |
What is the summary of this judgment? | Therefore, while the consequence of the vesting is stated to be annihilation of all interests, encumbrances and the like in the land, certain special categories of rights are saved. Thus, raiyats and under raiyats are not dispossessed and their rights are preserved. The full proprietor 's khas possession is if so not d... | Section 3 of the Bihar Land Reforms Act, 1 950, transfers all interests in estates or tenures of a proprietor or tenure holder to the State as from a date notified under section 4. Section 6 carves out of this land mass and leaves untouched, apart from raiyati holdings the bakasht lands in Khas possession of the 'inter... |
What is the summary of this judgment? | The three fold class of lands is brought into the saving bucket by including them in the khas possession of the proprietors. They are legislatively included in khas possession by an extended itemisation in section 6(1). The purpose and the purport of the provision is to allow the large land holders to keep possession o... | Section 3 of the Bihar Land Reforms Act, 1 950, transfers all interests in estates or tenures of a proprietor or tenure holder to the State as from a date notified under section 4. Section 6 carves out of this land mass and leaves untouched, apart from raiyati holdings the bakasht lands in Khas possession of the 'inter... |
What is the summary of this judgment? | The claim of the plaintiff is that he can sustain his right to recover possession in this suit, as coming within the oasis of section 6(1). There is no case that the sub clauses (a), (b) and (c) of section 1) 6(1) apply. Counsel 's contention is that he comes within the ambit of the main paragraph, being allegedly in k... | Section 3 of the Bihar Land Reforms Act, 1 950, transfers all interests in estates or tenures of a proprietor or tenure holder to the State as from a date notified under section 4. Section 6 carves out of this land mass and leaves untouched, apart from raiyati holdings the bakasht lands in Khas possession of the 'inter... |
What is the summary of this judgment? | He presented a historical perspective and suggested that the genesis of khas possession could be traced to the Bengal Tenancy Act, 1885. May be, the draftsmen might have drawn upon those earlier land tenure laws for facility, but we must understand right at the outset that the Constitution of India has inaugurated a ne... | Section 3 of the Bihar Land Reforms Act, 1 950, transfers all interests in estates or tenures of a proprietor or tenure holder to the State as from a date notified under section 4. Section 6 carves out of this land mass and leaves untouched, apart from raiyati holdings the bakasht lands in Khas possession of the 'inter... |
What is the summary of this judgment? | Section 6 does not stop with merely saving lands in khas possession of the intermediary (erstwhile proprietor) but proceeds to include certain lands outstanding on temporary leases or mortgages with others. 752 as earlier indicated. These are private lands as known to the Bihar Tenancy Act, privileged lands as known to... | Section 3 of the Bihar Land Reforms Act, 1 950, transfers all interests in estates or tenures of a proprietor or tenure holder to the State as from a date notified under section 4. Section 6 carves out of this land mass and leaves untouched, apart from raiyati holdings the bakasht lands in Khas possession of the 'inter... |
What is the summary of this judgment? | The word 'include ' is generally used in interpretation clauses in order to enlarge the meaning of that words or phrases occurring in the body of the statute. It is obvious that section 6(1) uses the word 'including ' to permit enlargement of the meaning of khas possession for the limited purpose of that section, empha... | Section 3 of the Bihar Land Reforms Act, 1 950, transfers all interests in estates or tenures of a proprietor or tenure holder to the State as from a date notified under section 4. Section 6 carves out of this land mass and leaves untouched, apart from raiyati holdings the bakasht lands in Khas possession of the 'inter... |
What is the summary of this judgment? | Possession, correctly understood, means effective, physical control or occupation. "The word possession is sometimes used inaccurately as synonymous with the right to possess". (Words and Phrases, 2nd Edn., John B. Sounders., p.151). "In the Dictionary of English Law (Earl Jowitt) 1959 at p. l 367 "possession" is defin... | Section 3 of the Bihar Land Reforms Act, 1 950, transfers all interests in estates or tenures of a proprietor or tenure holder to the State as from a date notified under section 4. Section 6 carves out of this land mass and leaves untouched, apart from raiyati holdings the bakasht lands in Khas possession of the 'inter... |
What is the summary of this judgment? | First, there must be actual or potential physical control. Secondly, physical control is not possession, unless accompanied by intention; hence, if a thing is put into the hand of a sleeping person, he has not possession of it. Thirdly, the possibility and intention must be visible or evidence by external signs for if ... | Section 3 of the Bihar Land Reforms Act, 1 950, transfers all interests in estates or tenures of a proprietor or tenure holder to the State as from a date notified under section 4. Section 6 carves out of this land mass and leaves untouched, apart from raiyati holdings the bakasht lands in Khas possession of the 'inter... |
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