Facts:

The first respondent, an LIC employee, opted for Plot No.2 in a Cooperative Housing Society for employees. Despite her alleged seniority, the plot was unlawfully allotted to the appellant. An interim order was issued, but the society executed a sale deed in favor of the appellant.

Issues:

The disputant's status as a member/deemed member of the society and entitlement to Plot No.2.

Held:

The disputant, being an LIC employee who deposited Rs.4,750, was conclusively a depositor of the society. Her attendance at the meeting on December 18, 1988, was in her own right, as her husband did not claim depositor status or entitlement to an additional plot.

The appellant neither contributed to the society nor attended the crucial meeting. The disputant's claim to Plot No.2, exercised on December 18, 1988, had no competing claims. Her contribution, along with other depositors, facilitated the society's land purchase, unlike the appellant.

The appellant did not pay any amount towards the society's shares or admission fee before December 18, 1988. The resolution passed in 1984 did not restrict depositor choices for Plots 1 and 2. The disputant's superior claim is highlighted by her timely application and fee payment.

The High Court's conclusions, deeming the appellant's allotment illegal, and quashing the society's resolution and sale deed, were justified. The disputant's entitlement, membership, and plot selection as of December 18, 1988, must guide future allotments.

Facts:

The case involves a family dispute, leading to a violent incident during a Panchayat. Accused No. 1 (Guru @ Gurubaran) was convicted of causing fatal injuries to the deceased with a sickle, while Accused No. 2 (Durai @ Durairajan) was alleged to have caused non-lethal injuries with an iron pipe. Armed confrontation occurred during the Panchayat, and the victims suffered injuries from various weapons.

Issues:

Whether the accused can claim the benefit of Exception 4 to Section 300 IPC (culpable homicide not amounting to murder) based on the sudden quarrel and heat of passion.

Assessment of the applicability of Section 34 or Section 149 IPC, determining individual liability for injuries.

Held:

The court held that Exception 4 to Section 300 IPC was not applicable since the accused came armed, indicating a lack of intention for a peaceful resolution. The manner of the attack, using weapons, did not support the claim of a sudden quarrel in the heat of passion.

Accused No. 1's conviction under Section 302 IPC was upheld, given the dangerous nature of the act resulting in the victim's death. The sentence of imprisonment for life was maintained.

Accused No. 2's conviction was altered from Section 302 IPC to Section 324 IPC, considering the non-lethal nature of the injuries caused by the iron pipe. The sentence was reduced to the period already undergone, approximately 11 years.

Accused Nos. 3, 5, and 9 were found guilty of the offenses attributed to them, and their convictions under relevant sections were upheld.

Facts:

IndusInd Media and Communications Ltd. (Appellant) imported goods and declared them as multiplex or satellite receivers, test and measurement equipment.

Show Cause Notice was issued on the suspicion of mis-declaration of value and classification.

Investigation revealed that the imported goods constituted a 'Head End' for cable TV operations.

The Department contended that apart from the supply of equipment, necessary software was embedded in the equipment before the supply was effected.

Out of 19 items in the Bill of Entry, only 8 items were physically presented; the rest were already embedded in the main unit.

Issues:

Classification of the imported goods - Whether under heading 8543 as ordered by the adjudicating authority or under heading 8525 as claimed by the appellant.

Valuation - Whether the value of software already embedded in the equipment and service charges should be included in the assessable value.

Held:

The Tribunal found that the goods, though ordered separately, were intended to contribute together to perform a common clearly defined function ('Head End' for cable TV operations), classifying them under heading 8525. The embedded software and services were rightly included in the valuation. The Court upheld the Tribunal's decision, dismissing the appeal.

FACTS:

Source information on June 20, 2006, alerted authorities about a Tavera vehicle carrying contraband material (poppy straw) from Madhya Pradesh to Jodhpur.

A team intercepted the vehicle, driven by the respondent Sahi Ram, and found 223 kgs of poppy straw behind the driver's seat.

Samples were taken, sealed, and the material was subject to forensic examination.

The trial court convicted Sahi Ram for possession and transportation of illegal poppy straw.

ISSUES:

The non-production of the entire contraband material before the court.

The High Court acquitted the respondent based on this non-exhibition of material.

HELD:

The seizure of the material was not in doubt, and the court emphasized that the entire contraband material need not be produced if the seizure is otherwise proved.

The court recognized that the material could be too bulky to present entirely before the court, especially when the bags weighed 223 kgs.

The key requirement was proving the integrity of samples taken for forensic examination, ensuring seals were intact.

The High Court's decision to discard the evidence due to non-exhibition of the entire material was deemed unsustainable.

The appeal was allowed, the High Court's decision was set aside, and the order of conviction by the trial court was restored.

A minimum sentence of 10 years' imprisonment was imposed under Section 8 read with 15 of the NDPS Act.

Facts:

Appellant's father, brother of the original tenant, was inducted as a tenant on the respondent's land due to the ill health of the original tenant.

The original tenant executed a will bequeathing his properties, including land rights, to the appellant's father.

Legal disputes arose, including objections by the original tenant's wife and subsequent litigation.

A suit filed by the appellant's father for possessory title and injunction was decreed in his favor and attained finality.

Issues:

Validity of the will executed by the original tenant in favor of the appellant's father.

Rejection of an application under Section 48-A of the Karnataka Land Reforms Act, 1961, for the grant of occupancy rights.

Held:

The High Court erred in holding that the will is hit by statutory prohibition. The applicable statutory provisions are under the Bombay Tenancy and Agricultural Lands Act, 1948, since the Karnataka Land Reforms Act, 1961, was not in force when the will was executed. The provisions in the Acts are similar, and the High Court's decision cannot be sustained.

In the scheme of the Acts, heritable rights exist for a tenant with certain restrictions. The findings of a civil suit, which conclusively determined the heirship and validity of the will, were not given due consideration by the High Court. The wife of the tenant was found not to be the heir, and the will is valid.

The Land Tribunal's rejection of the claim was cursory and failed to appreciate contextual statements made by the appellant. The appellate authority's dismissal and refusal to restore the appeal were hyper-technical. The High Court erred in rejecting the claim based on irrelevant considerations and without proper examination of the civil suit findings.

The impugned judgments and orders are set aside. The application for the grant of occupancy rights is allowed, and the Land Tribunal is directed to pass necessary formal orders in favor of the appellants.

Facts:

Pramod Kumar Sahoo was appointed as a Primary School Teacher under the Rehabilitation Assistance Scheme in 1988.

Dispute arose regarding the appropriate pay scale for Sahoo, who had an intermediate qualification when appointed.

The Orissa Revised Scales of Pay (Amendment) Rules, 1990, introduced separate pay scales for Trained Matric Teachers and non-Trained Matric Teachers.

Counsel for the appellant conceded before the Tribunal that teachers with intermediate qualifications are entitled to the pay scale available to Trained Matric Teachers.

Issues:

Validity of the concession made by the counsel.

Correct classification based on educational qualifications for determining pay scales.

Held:

The concession given by the learned State Counsel before the Tribunal was a concession in law and contrary to the statutory rules. Such concession is not binding on the State for the reason that there cannot be any estoppel against law. The rules provide for a specific Grade of Pay; therefore, the concession given by the learned State Counsel before the Tribunal is not binding on the appellant.( Paragraph 11)

The Trained Matric Teacher is the one who has been trained for the purposes of teaching. In the absence of such training, the respondent cannot be said to be a Trained Matric Teacher entitled to the pay scale meant for such teachers. The classification based upon educational qualification for grant of a higher pay scale to a trained person or a person possessing higher qualification is a valid classification.( Paragraph 12)

Therefore, we find that the order passed by the Tribunal as affirmed by the High Court is not sustainable in law. Consequently, the appeal is allowed. The Original Application filed by the respondent is dismissed.( Paragraph 14)

Facts:

The appellant faced charges related to granting bail in a criminal case and closing the evidence prematurely in an NDPS case.

The public prosecutor did not oppose bail in the first charge, and the prosecutor failed to produce witnesses in the second charge.

Issues:

Whether the appellant's actions amounted to misconduct or a lack of integrity.

The appropriate criteria for initiating disciplinary proceedings against judicial officers.

Held:

The court found that the Additional Public Prosecutor did not oppose the bail, and the appellant's failure to take notice of the High Court's order was negligence, not misconduct. The subsequent correction of the mistake by the appellant demonstrated a commitment to rectify errors.(Paragraph 11)

In the NDPS case, the court observed that the Public Prosecutor had noted his inability to produce witnesses. The court questioned the lack of action against the prosecutor and emphasized the duty of the prosecution to produce witnesses. The closure of evidence by the appellant was not misconduct but a response to the prosecutor's inability.(Paragraph 14)

Decision: The court allowed the appeal, set aside the High Court's judgment, and quashed all orders against the appellant. The appellant was directed to be given all consequential benefits by 31-12-2019.(Paragraph 16)

Facts:

Haji Elahi Baksh executed a waqf deed in 1936, dedicating properties to the waqf.

The waqf deed provided for joint mutawalli-ship and succession from the family line of the waqif.

Disputes arose regarding the appointment of mutawalli after the death of the original joint mutawallis.

Issues:

Whether a person from the waqif's family line could succeed to the vacant post of joint mutawalli after the death of any of the two original joint mutawallis?

If the first issue is answered in the affirmative, whether joint mutawalli-ship can be held by the appellant herein, though he is Kammu Mia's daughter's son?

Held:

The court referred to Section 205A of the Principles of Mahomedan Law and held that, in the absence of a direction in the waqfnama, joint mutawalli-ship passes to the survivor(s) after the death of one mutawalli.

The court interpreted the waqf deed and concluded that the waqif intended that after the death of any original joint mutawalli, the survivor should nominate a person from the waqif's family line to succeed the deceased.

It was held that descendants through the female line are not categorically excluded from mutawalli-ship, and interpretation depends on the terms of the waqf deed.

Section 63 of the Waqfs Act, 1995, empowers the Board to appoint a mutawalli in case of a vacancy.

The court directed Respondent No. 1 to appoint a competent person from Kammu Mia's descendants as joint mutawalli. The successor shall then have the right to nominate further successors as per the waqf deed.

Facts:

On September 13, 1983, the suit property was granted under the Karnataka Land Reforms Act, 1961, with a non-alienation clause of 15 years.

On April 23, 1990, the predecessor-in-title mortgaged the property to the plaintiff for Rs.20,000, agreeing to repay the loan within a year.

On May 15, 1990, an agreement to sell the property for Rs.46,000 was executed in favor of the plaintiff, despite the statutory prohibition on alienation for 15 years.

Issues:

The legality of the agreement to sell, considering the statutory bar on property alienation for 15 years under Section 61 of the Karnataka Land Reforms Act, 1961.

Held:

The court established that the transaction between the predecessor-in-title and the plaintiff constituted a transfer of property, falling under the purview of Section 61.

Section 61 prohibits the transfer of land within 15 years from the date of the grant, as specified in the Karnataka Land Reforms Act, 1961.

Both the plaintiff and the predecessor-in-title were deemed equally responsible for violating the statutory provisions.

The claim of the plaintiff, relying solely on the agreement to sell dated May 15, 1990, was found to be in direct conflict with Section 61.

The court invoked the maxims "ex turpi causa non oritur actio" and "in pari delicto potior est conditio defendentis et possidentis."

The trial court's decision to dismiss the suit, considering the illegality of the agreement, was upheld.

Decision: The appeals were allowed, resulting in the quashing of the judgments of the High Court and Fast Track Court. The trial court's order dismissing the suit was affirmed.