FACTS:

Plaintiffs filed a suit seeking injunction against defendants establishing a flour mill and disturbing plaintiffs' exclusive use of a pathway.

Trial court decreed the suit, granting exclusive right of user over the pathway to the plaintiffs.

First appellate court modified the decree, holding the pathway as a common pathway for both parties.

Plaintiffs filed a second appeal and simultaneously applied under Order XXIII Rule 1(3) CPC for permission to withdraw the suit with leave to file a fresh suit.

ISSUES:

Whether the High Court erred in entertaining the application under Order XXIII Rule 1(3) CPC before admitting the second appeal.

Whether the High Court properly exercised discretion under Order XXIII Rule 1(3) CPC.

HELD:

The High Court erred in entertaining the application before admitting the second appeal.

The High Court did not properly exercise discretion under Order XXIII Rule 1(3) CPC as it failed to consider relevant aspects, and its approach was erroneous.

DECISION: The appeal is allowed, and the High Court's order granting permission for withdrawal of the suit with leave to file a fresh suit is set aside. The High Court is directed to proceed to dispose of the second appeal in accordance with the law.

REFERRED CASES:

Bakhtawar Singh another Vs. Sada Kaur and another, (1996) 6 AD 700 : AIR 1996 SC 3488 : (1996) 8 JT 407 : (1997) 115 PLR 678 : (1996) 6 SCALE 222 : (1996) 11 SCC 167 : (1996) 5 SCR 235 Supp

The Executive Officer, Arthanareswarar Temple Vs. R. Sathyamoorthy and Others, AIR 1999 SC 958 : (1999) 1 JT 343 : (1999) 1 SCALE 358 : (1999) 3 SCC 115 : (1999) 1 SCR 485 : (1999) AIRSCW 575 : (1999) 1 Supreme 406

Facts:

Ulhasnagar Municipal Corporation issued a tender for Octroi collection.

M/s. Millenium Infrastructure challenged conditions in the High Court but later withdrew.

Tenders submitted, and the Commissioner postponed opening due to the writ petition.

The Commissioner later opened tenders, waived Clause 6(a), awarded to M/s. Monarch Infrastructure.

M/s. Konark Infrastructure filed a writ petition challenging the award.

Issues:

Validity of the government's order deleting Clause 6(a) under Section 451.

Compliance of M/s. Monarch Infrastructure with tender conditions.

Alleged malafides of the Commissioner in favoring M/s. Monarch Infrastructure.

High Court's decision to set aside the contract award and order a fresh tender process.

Held:

The High Court was justified in setting aside the award due to the deletion of Clause 6(a) post-tender submission.

M/s. Konark Infrastructure's allegations of malafides are insignificant as the award to M/s. Monarch Infrastructure was annulled.

The High Court's direction for a fresh tender process is justified to ensure fairness and wider participation.

The court rejects the restoration of the original conditions and bids, upholding the High Court's decision for a fresh tender.

Public interest is served by allowing the completion of the tender process, accepting the highest offer from M/s. Monarch Infrastructure.

Facts:

The Rajasthan State Electricity Board appealed against a judgment in a suit filed by Associated Stone Industries.

The plaintiff, engaged in excavating stones, sought exemption from electricity duty for the energy consumed in pumping water from the mines.

Notifications dated 26.3.1962, 2.3.1963, and 1.11.1965 were crucial in determining the exemptions and rates of duty.

The plaintiff argued that pumping water was integral to the mining process, while the defendant contended otherwise.

Issues:

Whether pumping water from a mine could be considered part of the manufacturing process, thus qualifying for exemptions under relevant notifications.

Held:

The Court noted the withdrawal of exemption for mines in the 1963 and 1965 notifications.

The plaintiff's claim that energy was used for pumping water for mining activity was considered but rejected.

The Court emphasized the commercial sense of the term "manufacture" and the absence of a specific definition in the Act.

It was established that the excavation and processing of stones into slabs did not constitute manufacturing as no new, commercially distinct product emerged.

The Court referred to previous judgments, including Delhi Cloth and General Mills Co. Ltd., emphasizing that manufacturing involves a complete transformation into a commercially different article.

Pumping water, excavation, and stone processing were deemed not integrally connected in the manufacturing of goods.

The appeal was allowed, and the plaintiff's suit for exemption or reduced duty was dismissed.

Facts:

The Entry Tax Authority conducted a raid on a cold storage facility, revealing discrepancies in the records of deposited dry fruits.

The respondent challenged the notice issued under Section 14(3) of the Entry Tax Act, claiming he purchased goods locally and the tax was already paid by another party.

The Tribunal, relying on the lack of evidence, set aside the demand for entry tax and penalty.

Issues:

Whether the burden of proof regarding the entry of specified goods without payment of tax lies with the Authority, and if the respondent can be taxed in the absence of providing particulars of local purchases.

Held:

The Tribunal held that the burden of proof rests on the Authority to establish that the goods were brought from outside the Calcutta Metropolitan Area by the respondent.

The absence of a provision placing the burden on the possessor of goods to prove their origin from outside was emphasized.

The Tribunal concluded that the Authority failed to provide evidence that the goods were brought from outside the Calcutta Metropolitan Area by the respondent.

The application of the respondent was allowed, and the demand for entry tax and penalty was set aside.

Facts:

The case involves the dismissal of S.L.P. (C) No. 7406 of 2000 in S.A. (W.P.) No. 149 (SB) of 1998. The appellants, represented by [Advocate's Name], challenged the decision based on the principles laid down in the aforementioned case.

Issues:

The central issues revolved around the criteria for the regular appointment of apprentices, specifically governed by the Apprentices Act, 1961. The principles outlined in the Uttar Pradesh State Road Transport Corporation case formed the basis of the argument.

Held:

After hearing the counsel for the petitioner, the bench held that the decision in Uttar Pradesh State Road Transport Corporation case established clear criteria for the appointment of apprentices. The key principles included preferences for trained apprentices over direct recruits, sponsorship through employment exchange, relaxation of age barriers, and seniority based on training completion.

Decision: The Special Leave Petition (SLP) was dismissed, affirming the principles outlined in the Uttar Pradesh State Road Transport Corporation case. The bench emphasized adherence to service regulations with exceptions, such as the exemption of trainees from written examinations. The relaxation of age requirements was also confirmed.

Facts:

Appeals filed by Delhi Administration against the High Court's judgment on amendments to land revenue rules.

High Court held amendments ultra vires of the Delhi Land Revenue Act, 1954.

Amendments included changes to Rules 49, 63, 65, and 67, and Form P5.

Issues:

Validity of amendments to land revenue rules.

Whether possession of land adequately recorded in "Excluded Areas" as per the amended rules.

Classification of different land categories under Rule 63 considered contrary to the provisions of the Act.

Held:

High Court's view upheld that actual possession crucial for tenant's rights.

Amendments quashed as they could deprive individuals of possession rights in excluded areas.

Rule making authority acted beyond its power by classifying and excluding areas.

Section 20 requires the preparation of a record-of-rights specifying cultivation and occupation details.

Amendments affecting the rights of tenure holders and sub-tenure holders contrary to Land Reforms Act.

Facts:

The Port Haj Committees Act, 1932 was amended due to constitutional changes, continuing only with the Bombay and Calcutta Committees.

The Bill for the present Haj Committee Act, 1959, aimed to centralize and modernize the management of Haj pilgrims, replacing the old legislation.

The composition of the Haj Committee, outlined in Section 4, included various ex-officio members and nominated representatives from different authorities.

Issues:

The legislative framework and composition were designed when pilgrims were primarily transported by ship from the port of Bombay.

Pilgrims have been exclusively using air travel since 1993, concentrating more on Delhi than Bombay.

The ex-officio members, as outlined in Section 4(1)(a) to (f), continued to be part of the Haj Committee even though their roles became obsolete.

Held:

Given the shift in transportation mode for Haj pilgrims, the existing Haj Committee Act, 1959, was considered obsolete.

The Court suggested the appointment of a new Patron for the Haj Committee until a new Act or Ordinance was enacted.

The Foreign Secretary (at that time, Mr. Lalit Mansingh) was designated to control and supervise the current Haj Committee until new arrangements were made.

The Foreign Secretary had the discretion to nominate individuals in place of the ex-officio members, ensuring the efficient management of Haj affairs.

The Committee, under the direct supervision of the Foreign Secretary, was mandated to operate effectively, and decisions required approval from the Foreign Secretary.

Decision: All Transfer Cases were dismissed as infructuous. The Writ Petition and the SLP were disposed of finally.

Facts:

Two cases involving dependents of deceased employees.

Employees sought compassionate appointments after the death of the breadwinners.

Introduction of the Family Benefit Scheme in the NJSC Tripartite Agreement of 1989.

The High Court held that the Family Benefit Scheme precludes compassionate appointments.

Issues:

Interpretation of the Family Benefit Scheme in the NJSC Tripartite Agreement.

Constitutional obligation of the Steel Authority of India regarding compassionate appointments.

Impact of the 1989 Agreement on existing welfare measures.

Held:

The High Court's reliance on the Family Benefit Scheme to deny compassionate appointments was not justified.

The Steel Authority of India, as an authority under Article 12, is obligated to act in accordance with constitutional principles of social and economic justice.

The concept of social justice is crucial, and denial of compassionate employment opportunities goes against constitutional philosophy.

The introduction of the Family Benefit Scheme does not negate the existing obligation for compassionate appointments.

The Court directs the Steel Authority of India to provide compassionate employment to the appellants.

Facts:

Appellant and respondent were brothers involved in a dispute over a flat leased by MHADA.

MHADA evicted unauthorized occupants, and appellant's claim was later regularized.

Respondent challenged eviction order, leading to a writ petition (Writ Petition No. 5072/98).

Conciliator (Justice H. Suresh) appointed to resolve the dispute.

Issues:

Legality of the conciliator's actions in drawing up a settlement agreement without party signatures.

The Court's consideration of the settlement agreement as final without adherence to statutory procedures.

Held:

The court found that the conciliator failed to follow proper procedures and that the settlement agreement, not signed by the parties, should not have been considered final and binding. The order confirming the settlement agreement was set aside, and the court directed a fresh consideration of the writ petition.

Decision: The appeal was allowed, setting aside the order dated 6.10.1999. The settlement agreement dated 31.8.1999 filed by Justice H. Suresh before the High Court was also set aside. The High Court was directed to dispose of the Writ Petition afresh on merit in accordance with the law. Parties to bear their own costs.