Facts:

The appellant, a Mistry working in a village, was found guilty of raping an infant child of one and a half years. The incident took place when the appellant visited the victim's house and assaulted her, leading to criminal charges.

Issues:

Whether the trial court's decision to sentence the appellant to 10 years' rigorous imprisonment was adequate, considering the victim's age and the gravity of the offense. The court must determine if there are extenuating circumstances justifying the enhancement of the sentence to life imprisonment.

Held:

The trial court and the High Court both found the appellant guilty of raping a one-and-a-half-year-old child. The trial court, while acknowledging some reformation in the accused during custody, justified the 10-year sentence based on the heinous nature of the crime and the age of the victim.

The appellate court, considering the possibility of enhancement, issued a notice to the appellant. The appellant's counsel, Mr. Seeraj Bagga, argued against enhancement, presenting extenuating circumstances such as the reformation of the accused during custody and the impact on his family.

The court, taking a holistic view, emphasized the severe psychological and physical impact of rape on the victim. Acknowledging the extenuating circumstances presented by the defense, especially the fact that the appellant's daughters are of marriageable age, the court decided not to enhance the sentence to life imprisonment.

In conclusion, the appeal was dismissed, and the notice for the enhancement of the sentence was recalled.

Facts:

The appellant, Dalbir Singh, drove a bus that caused the death of a cyclist.

The incident occurred on 4th July 1994 in Bhiwani.

The trial court convicted the appellant under Sections 279 and 304A of the IPC, sentencing him to three months and one year of imprisonment, respectively.

Issues:

Whether the appellant is entitled to the benefit of probation under the Probation of Offenders Act, 1958.

Held:

The court emphasized the importance of maintaining a deterrent element in sentencing, especially for drivers found guilty of rash driving.

The court dismissed the appeal and upheld the conviction and sentences imposed by the lower courts.

The court held that the nature of the offense under Section 304A IPC, involving death by rash or negligent driving, does not merit the benefit of probation under Section 4 of the Probation of Offenders Act, 1958.

The court noted that the word "expedient" in Section 4 of the PO Act implies suitability and appropriateness to the end in view, considering the circumstances of the case, including the nature of the offense.

The appellant's plea that he was not the driver and that the accident was due to the negligence of the cyclist was rejected.

Facts:

Two companies engaged in real estate entered agreements for the sale of flats/apartments. They filed Form 37-I before the Appropriate Authority seeking no objection for registration. The Authority pointed out defects, requiring a revised form within 15 days. The revised form was filed after 15 days and rejected.

Issues:

Is the 15-day period in Rule 48L mandatory?

Was the rejection of Form 37-I justified based on the purported non-furnishing of requisite particulars?

Held:

The court held that the 15-day period in Rule 48L is not mandatory. The Appropriate Authority erred in deeming Form 37-I not to have been furnished after 15 days. As no order for purchase by the Central Government was made within three months, the Authority must issue a no objection certificate.

The court emphasized that Form 37-I was in order, and rejection on the grounds of non-furnishing of particulars was inappropriate. Form 37-I is a composite form, and not all particulars are necessary for every transaction. The Authority must either order purchase or issue a no objection certificate.

The court clarified that the provisions do not require multiple agreements or filings. Once an order is made under Section 269 UD, no further Form 37-I is needed. The Appropriate Authority must make a final decision based on the whole agreement.

The court stressed the historical setting of Chapter XX-C, indicating its use in cases of tax evasion through undervaluation. The Authority must focus on fair market value and avoid irrelevant considerations.

The court distinguished between an "agreement for transfer" and Form 37-I, noting that the latter is the foundation for jurisdiction. The Agreement can be changed, but Form 37-I cannot be altered after filing.

Facts:

The appellant's father was a tenant of a specified land for about 50 years.

Landlords initiated proceedings for resumption of half of the land in 1967, partly allowed in 1968.

Despite the order, landlords didn't take possession, appealing for the resumption of the entire land.

The Act was amended in 1974, introducing Section 44.

Issues:

Whether the appellant can claim occupancy rights under Section 44 despite a previous order allowing partial resumption.

Held:

The Tribunal and High Court based their decisions on the earlier order and did not consider the implications of Section 44.

Section 44 states that all lands held by tenants, even those against whom resumption orders were issued, stand transferred to and vest in the State Government.

The rights of the landlords vested absolutely in the State Government, and tenants were entitled to rights and privileges under the Act.

Despite the order in favor of landlords, they had not taken possession, and the Tribunal and High Court had erroneously rejected the appellant's claim under Section 44.

The appeal is allowed, setting aside the decisions of the Division Bench of the Karnataka High Court and the Tribunal.

The appellants are entitled to the conferment of rights on the entire land under Section 44 read with Section 45 of the Act.

Facts:

The State of Rajasthan (appellant) appealed the summary dismissal of a second appeal by the Rajasthan High Court. The case involved a dispute over a plot of land claimed by the respondent (plaintiff) through adverse possession. The plaintiff asserted peaceful and continuous possession for more than 30 years, raising a building in 1955.

Issues:

Validity of adverse possession claim by the plaintiff.

Applicability of Section 22 and Section 25 of the Rajasthan Colonisation Act, 1954.

Question of limitation concerning the filing of the appeal.

Held:

The court found serious errors in upholding the adverse possession claim, emphasizing the lack of concrete proof for the construction in 1955. The court determined that the plaintiff failed to substantiate the claim of perfection of title by adverse possession to public property. The application of Section 22 of the Rajasthan Colonisation Act, 1954, was challenged, asserting that it does not oust the jurisdiction of civil courts in disputes involving title to immovable property.

Decision: The judgment and decree of the lower courts were set aside, and the plaintiff's suit was dismissed. The court clarified that its decision does not hinder the legal heirs of the plaintiff from seeking assignment of the land through appropriate channels.

FACTS:

The prosecutrix, a school girl, was allegedly raped on April 6, 1988, at around 12 noon.

The incident took place in a ditch, and the accused was known to the victim and her family.

The prosecution presented evidence, including the victim's narration of the incident to multiple independent witnesses.

The accused was examined 23 days after the incident, and the absence of semen stains on his clothes was raised as a defense.

The medical examination of the victim faced delays due to the refusal of some government hospital doctors.

ISSUES:

Admissibility of hearsay evidence under Section 157 of the Evidence Act.

Lack of semen stains on the clothes of the accused and the impact of the delay in his examination.

Refusal of medical examination and its consequences.

Credibility of the victim's testimony and the alleged lack of injuries.

The adequacy of the investigation and the refusal of some government hospital doctors to conduct medical examinations without police referral.

HELD:

The narration of the incident by the victim to independent witnesses soon after the incident is admissible under Section 157 of the Evidence Act as corroborative evidence.

The absence of semen stains on the accused's clothes after 23 days is not considered fatal.

The refusal of some government hospital doctors to conduct medical examinations without police referral is deemed improper and could result in delays.

The reasoning of the High Court questioning the lack of injuries on the victim is deemed unacceptable due to a misinterpretation of the evidence.

The court rejects the High Court's findings and restores the conviction and sentence imposed by the Sessions Judge.

REFERRED CASES:

State of Punjab Vs. Gurmit Singh and Others, (1996) 1 AD 492 : AIR 1996 SC 1393 : (1996) CriLJ 1728 : (1996) 1 Crimes 37 : (1996) 1 JT 298 : (1996) 1 SCALE 309 : (1996) 2 SCC 384 : (1996) 1 SCR 532

Facts:

The respondent imported a diesel engine set with an invoice showing a total price.

Customs Department assessed additional duty under T.I. 68 of the Central Excise Tariff, charging 8% ad valorem.

Respondent claimed the duty should be charged separately on the diesel engine and alternator, each benefiting from exemption notifications.

Issues:

Whether the assessment of additional duty on the entire set or on its individual components is applicable.

The applicability of Section 19 of the Customs Act in the assessment of additional duty under the Customs Tariff Act.

Held:

The Tribunal's application of Section 19 of the Customs Act is deemed inapplicable to the assessment of additional duty under the Customs Tariff Act.

The focus is on the imported set, not its components, for the purpose of assessing additional duty under Tariff Item 68.

The appeal is allowed, and the Tribunal's order is set aside, directing that the authorities below shall regulate the assessment of additional duty on the entire set.

Facts:

M/s. Diwan Sugar Mills, a partnership firm, owned a sugar factory.

The factory was initially leased out to M/s. Diwan Sugar and General Mills (pvt.) Ltd.

The government took over the factory first under the Defence of India Rules in 1965 and later under the Industrial Development & Regulation Act.

Eventually, the factory was acquired by the U.P. Government under the Uttar Pradesh Sugar Undertakings (Acquisition) Act, 1971.

The owners filed a claim for compensation, specifically asserting a payment of Rs. 12 lakhs without deductions for the lessee's liabilities.

Issues:

The interpretation of Section 7 of the Uttar Pradesh Sugar Undertakings (Acquisition) Act, 1971, especially concerning the compensation payable and any deductions to be made.

Held:

The Tribunal under the U.P. Sugar Undertakings (Acquisition) Act rejected the claim for Rs. 12 lakhs without deductions.

The appellant contended that the compensation under Section 7(5) should not be subject to deductions specified in Section 7(6).

The court interpreted Section 7 and held that the compensation, including that mentioned in Section 7(5), is a composite sum.

Deductions under Section 7(6) apply to the entire compensation amount, not distinguishing compensation for the acquisition of the scheduled undertaking from other compensation.

The court emphasized that the Act requires all compensation to be utilized for discharging liabilities under Section 7(6) before depositing any remaining amount with the prescribed authority.

The court rejected the argument that deductions should only relate to the lessee, stating that Section 7(6)(a) could relate to debts or mortgages incurred by the owner.

Reference was made to East India Coal Company Limited Vs. East Bulliaree/kendwadih Colliery Co. (P.) Limited and Others, clarifying its inapplicability to the present case.

The appeal and writ petition were dismissed, and each party was directed to bear its own costs.

Facts:

The case involves a dispute where the High Court of Andhra Pradesh condoned the delay in filing an application under Section 30 of the Arbitration Act, 1940. The Trial Court had initially dismissed the respondent's application under Section 5 of the Limitation Act, 1963, citing insufficient explanation for the delay.

Issues:

Whether the order of the Senior Civil Judge rejecting the application under Section 5 was appealable under the Arbitration Act, and if the High Court had the jurisdiction to condone the delay.

Held:

The Court concludes that the order of the Senior Civil Judge rejecting the application under Section 5 was appealable under the Arbitration Act, and Section 115 of the CPC did not apply. The judgment delves into the interplay of the Limitation Act and the Arbitration Act, emphasizing that the rejection of the application under Section 5 is tantamount to a refusal to set aside the award. The Court holds that the High Court had the jurisdiction to reappraise the evidence and condone the delay.

Decision: The appeal is dismissed, and there will be no order as to costs. The Court exercises its powers under Article 142 of the Constitution and decides on the merits of the sufficiency of cause shown for the delay. The reasons given by the High Court for setting aside the Trial Court's order are considered valid.