Since 2015 Easiest, Simplest & Smartest | Founder, Director & Mentor- Achal Gaur Sir (Teaching since 2015) > India’s Best Platform of Shorthand > Download our App- Gaur Shorthand Classes > 6 Months duration (Basic & 100+ Speed) > Special Basic & Dictation batches available YouTube- Gaur English Shorthand Classes Thakurdwara Name........... Address Contact No.. Add. Street Opposite to Pizza Heart, Thakurdwara, Moradabad, UP Contact. 7669297140 Scanned with CamScannerEnglish Shorthand Magazine (a) Excercise - 1 Lastly it was contended on behalf of | appellants that considering the fact that all the accused were co-villagers of the ” witnesses and | well known from before, the naming of some of the appellants by only few of the witnesses and“ not all should have been treated to be a_ significant factor to grant acquittal on the basis of benefit of ” doubt. Reliance was placed upon the judgment | of this Court inthe case of Masalti etc. v, State | of Uttar Pradesh AIR 1965 SC 202 wherein it has been held thatno doubt trustworthy evidence of a single witness may be enough to convict accused “persons in appropriate cases but where a criminal court is dealing with evidence pertaining to an offence involving large number™of offenders and a large number of victims, it is usual to adopt the test of support by two or “ three or more witnesses if they give a consistent account of the incident. The court approved such a test after || noticing that it may appear to be mechanical but its use in appropriate cases cannot be treated as irrational or’ unreasonable. In order to assist this Court to apply such a test in_the present case, detailed notes and charts have also been furnished to indicate individual cases of appellants in respect of evidence of eye witnesses lappearing against them, their ” weapon and alleged specific role. | On the other hand, learned counsel for the informant and also learned counsel for” ithe State have placed reliance upon judgments of trial court and the High Court and have submitted BHREE VISHNU ART PRESS PUBLICATIONS Scanned by CamScanner Scanned with CamScannereS EST TREC M ere Rees) thatthe oral*as well as documentary evidence has received due consideration by both the courts and in the facts of the case, ® no interference is required with the concurrent findings of guilt recorded against the appellants. It was highlighted on behalf of” prosecution that when large number of accused persons had run after the deceased and indulged in indiscriminate assault resulting into” death of four persons in open field and serious injuries to the informant, the witnesses cannot be expected to notice, “° remember and depose the individual acts committed by different accused persons vis--vis the five victims. It was pointed out on™ behalf of prosecution that medical evidence and the injuries have been correctly noted by the trial_court which show that* firearm injuries were found on as many as three deceased, namely, Nagu Singh from whose dead body two pellets were |" ““recovered, one from the wrist of the left arm and one from the stomach; deceased Inder Singh from whose back “ part of the body 12 pellets were recovered and deceased Bapu Singh who was found to have sustained a gun“ shot injury on the jaw from which 66 pellets were taken out along with a plastic circular cap. Pellets were“ also taken out from the brain. For this purpose, according to prosecution, the courts below have analysed the ocular evidence“*in detail and have also noticed recovery of different weapons from the accused persons. Therefore, as pertheir submission, the™ conviction of the appellants requires no interference. *” RSauen Eide Scanned by CamScanner Scanned with CamScannerExcercise - 2 The respondents filed review] “~~: application’ before the District Forum in Execution Case No. 96 of 2010 for review of order| . dated * 29.5.2010. The District Forum vide its order dated 26.11.2010 dismissed the review] application and found the respondents guilty for} * non-compliance “ of order dated 17.10.2003) passed in Complaint Case No. 24 of 1998 and] . ordered for three months imprisonment of the’ respondents ® along with penalty amount off” Rs.3000/- payable by them under provisions of] - Section 27 of the Act. E Being aggrieved by the abovesaid™| order, the respondents filed Appeal Nos. 2082 and 2083 of 2010 before the State Commission} “S” which were allowed by its order™ dated 30.7.2013| - by setting aside the order dated 26.11.2010 of.’ the District Forum. The State Commission] | observed that the District "Forum has not adopted the procedure of summary trial at the time] ” of passing the order of conviction and sentence “* imposed upon the respondents as provided under the Criminal Procedure Code, 1973, for non- compliance of order dated 17.10.2003. The State| "« * Commission also observed in its order that at]: no point of time the respondents were afforded an opportunity of being ™ heard against the disobedience of the order dated 17.10.2003 of the District Forum, which is mandatory as per provisions of “sub-clause (3) of Section 27 of the} ** Act and it has to try them by following the summary procedure by the District Forum empowered as Judicial Magistrate of the First Class for the purpose of Code of Criminal Procedure. Thus, the State™’Commission has allowed the appeal of} --~ the resporidents and set aside the conviction Sa eA ON ead tee ad Torley (05) Scanned by CamScanner Scanned with CamScannerand sentence order passed againstthem.” The appellant being aggrieved by the order dated 30.7.2013 filed First Appeal Nos.645 and 646 of 2013 before the™*National Commission. The National Commission vide its order dated 8.1.2014 dismissed the appeals holding that there is no provision in “the Act regarding the filing of second appeal under Sections 27 or 27A of the Act; evén under Section 214 of the Act, a petition filed against the order passed under Section 27A of the Act could not be entertained “ by it as the appellant has no right and the National Commission has no jurisdiction to entertain such appeal. Hence, ™ these appeals are filed by the appellant as she is aggrieved by the order of both the State Commission and™ the National Commission. Mr. Digendra Sharma, the learned counsel appearing on behalf of the appellant contended that the National Commission “ should not have dismissed the appeals of the appellant as the’ same would render the appellant remediless for executing decree passed against the respondents who have till date not complied with the order dated 17.10.2003 passed ‘by the District“ Forum and even the same has not been challenged by the Navchetna Sahkari Awas Samiti Ltd. and therefore, the same“ has attained finality. It was further contended by him that by dismissing the second appeal of the appellant, the order “° dated 17.10.2003 would become ineffective and she has not got the fruits of the order. “* Silda -SV Sri ssn aes eer ulen (06) Scanned by CamScanner Scanned with CamScannerSeesmic erence) Excercise - 3 : Learned counsel for the appellant-accused submitted that the learned Special Judge failed to | -- appreciate the evidence correctly and erred” in |... Sfx... oA holding the accused guilty of the offences. The SGL | “S Yeo S— as NG. Ago). information concerning the securities re- purchased by the UCO Bank on “ Sth April, 1991was received on 12th April, 1991. Since there used to be a number of transactions by the clients/brokers “ and the re-purchased SGL information was received after a gap of about one week, a clerical and bona fide mistake was ” committed by the appellant-accused in getting the securities credited into the SGL account No. 065 instead of account No. 032 of the UCO ™ Bank. There was no participation by the accused in any conspiracy to benefit accused No. 3, Harshad Mehta. Itwas purely ™ a clerical error that occurred in a casual way without any bad intention. In a normal way, the accused signed “ the covering note dated 13th April, 1991 also signed by accused No. 2 enabling the RBI to credit the securities into *"SGL account No. 065. The accused-appellant had no mala fide or dishonest intention to commit any fraud or cause loss to™ the UCO Bank or to cheat it. The mistake happened mechanically without the conscious involvement of the appellant. It is also evident from the record that accused No. 2 himself admitted in his statement under Section 313, Cr.P.C. thatitwas™he. who struck off account No. 032 and wrote account No. 065 in the covering note (Ext. 300). Thus, the appellant cannot be charged” with a severe punishment fora teasonable clerical mistake. Learned counsel also submitted that 2.9... SHREE VISHNU ART PRESS PUBLICATIONS Scanned by CamScanner Scanned with CamScannerEnglish Shorthand Magazine (22) the appellant was not concemed with ™ the routine work of the Hamam Street Branch of UCO Bank. He was specially entrusted the duties of redemption and “reconciliation of securities. While discharging those duties, when the appellant noticed the mistake, he immediately facilitated transfer of Rs. 2 crores on™ 15th July, 1991 from the account No. 065 to account No. 032 to set right the record. Leamed Special Judge, has™ failed to appreciate the fact in a true spirit that the SGL transfer forms concerning the securities sold by™ Harshad Mehta to the tune of Rs.15 crores from SGL account No. 065, were not signed by the appellant *° and the appellant has no role in that transaction. This fact itself clearly establishes that the appetiant was not part of *” any conspiracy with accused No. 3 (Harshad Mehta). But the Special Judge took a different and wrong view and erred by holding that “” the appellant transferred securities worth Rs. 2 crores lying in the account No. 065 to account No. 032 to cover up the transaction. “ There was no evidence on record to establish a link between the accused-appellant and the accused No. 3 (Harshad Mehta) forming “° a conspiracy between them and the prosecution has utterly failed to prove this aspect and therefore, the appellant is entitled for“ benefit of doubt. Further contention of the leamed counsel is that the appellant was L only an As nt Manager of the “ Bank and scrupulously implementing the decisions taken by his superiors.” SHREE VISHNU ART PRESS PUBLICATIONS ~ (ot Scanned by CamScanner Scanned with CamScannerSire Rsielaurecmace renee Excercise - 4 Mr. K.M. Sinha, learned Senior Counsel appearing for the appellant submitted that this Court has held that the beneficial provisions” of |” the Act are to be applied only for the purpose of interpretation of the Act and not for arriving ® at-a conclusion whether a person is juvenile or not and } ** the question whether an offender was juvenile on | = the ® date of commission of the offence or not, is essentially a question of fact, which is required to be determined” on the basis of the materials brought on record by the parties. He submitted that this Court has further held ™ that Section 35 of.the Evidence Act, which provides that an entry inca register maintained in the ordinary course ™ of business by a public servant in discharge of his | , official duty or by any other person in performance of “a duty specially enjoined by the law of the country, will only apply if the conditions mentioned in Section 35"are fulfilled. He submitted that Section 35 of the Evidence Act could not be applied to the entry of date ™ of birth of respondent no.1 in the school |°** records produced on behalf of respondent no.1 before the trial * court and on the evidence as |-- oroduced, the trial court rightly held that the date of | -* dirth of the respondent” no.1 cannot be believed to 2e 05.10.1988. He submitted that the trial court | .. after scrutinizing the evidence has held” that the | . avidence produced by respondent no.1 have been areated for escaping conviction for a grave offence Hen Oh Gieascotaelee ures ees (09) Scanned by CamScanner Scanned with CamScannerSTS emer such as ™ murder and was not believable and by physical appearance, respondent no.1 looks to be over 18 years of age™ and on 11.07.2004 he was an adult and not a juvenile. He submitted that this finding of the trial court *°on a question of fact with regard to the age of respondent no.1 could not be disturbed by the*°High Court ina revision. In support of this proposition, he relied on Sita Mani Rao v. State of UP™ (1986) 4 SCC 447, in which this Court has held that the High Court, while exercising its jurisdiction. under Articles 226 and 227 of the Constitution, should not interfere with a finding of fact of the inferior court or tribunal, except “ where the finding was perverse and not based on any material evidence or has resulted in manifest injustice. He submitted that“ in this decision, this Court has further taken the view that if the trial court came to a conclusion, ° which was possible on the evidence, the High Court will not disturb the conclusion arrived at by the trial court “merely because the High Court is of the view that a different conclusion is also possible on the same evidence. “He vehemently argued that the High Court has lost sight of these limitations of its jurisdiction and on the basis “of its own appraisal of the evidence taken a view that the respondent no.1 was a juvenile on the date ™ of the commission of the offence and has set aside the order of the trial court. PHREE VISHNU ART PRESS PUBLICATIONS « (10) Scanned by CamScanner Scanned with CamScannerEnglish Shorthand Magazine (22) Excercise - 5 It_may be mentioned that a writ petition under Article 32 of the Constitution was filed by a member ™ of the Central Administrative Tribunal, contending that the decision in S.P. Kumar vs. Union of India and others, 1987 (1) SCC * 124, equated the Central Administrative Tribunal with the High Court and, therefore, its Chairman should be equated with the Chief Justice of a High Court and the Vice-Chairman and Members must be equated with the sitting Judges of the High Court in_all respects. It was also contended that while the Vice- Chairmen have been equated with sitting Judges ® of the High Courts, the Members have not been so equated in their pay and other conditions of service and that a distinction was made in the conditions of service, particularly the pay and age of superannuation between the Vice-Chairmen “and the Members, which was arbitrary, as a result of which the Members also should be given the same pay as that of the Vice-Chairmen and their age of superannuation should also be the same, i.e. 65 years as ™ that of the Vice-Chairmen. On interpretation of Article 323A of the Constitution, this Court took the view that Administrative ™ Tribunals constituted thereunder are distinct from the High Courts and dismissed the writ petition. The Administrative Tribunals Act, 1985 came ™to be amended by the Administrative Tribunals Act, 2006. By the said amendment, the Post of Vice-Chairman in *° the Administrative Tribunal is abolished. A new provision i.e. Section 6(2) is introduced, which modifies the qualifications ISHREE VISHNU ART PRESS PUBLICATIONS (11) ‘Scanned by CamScanner Scanned with CamScannerTale fae : English Shorthand Magazine (22) for appointment as Administrative.” Member! inthe Tribunal. Section 10-Ais inserted in the main Act, which provides that the conditions of services” of the Judges of the High’ Court would be. applicable only to the Mernbérs appoirited after February 19, 2007. The “newly inserted Section 10A restricts the total terfn of the Members of the Administrative Tribunals to.ten years though by “° the said ameridmient the age of superannuation for a ‘Members is raised from 62 to 65 years. Further, Section 10A ™ postulates consideration of a case of a Member for re-appointment by Selection Committee’after February 19, 2007. Section 12(2) of * the Administrative Tribunals Act, 1985 is amended and power ‘is conferred.on the appropriate Government to designate a Vice- Chairman ™ for the purpose of performing certain duties and functions of the Chairman. ¢ q The case of the petitioner,is.that the “post of Vice= Chairman was in existence in the Administrative Tribunals since its inception, which enabled the Judges of various” High Courts to opt forthe Central Administrative Tribunal and provided |” an opportunity, in the nature of promotion to the “° Members of the Administrative Tribunals to the post of Vice-Chairman. According to the petitioner, the “abolition. of the said “’ post now would, create anonialous, situation in the structure as well as administration of the Tribunals, if any High Court“? Judge is to be appointed only as a Member and, therefore, the abolition of the post of the Vice- Chairmanis unconstitutional. * 'SHREE VISHNU ART PRESS PUBLICATIONS «. (12) Scanned by CamScanner Scanned with CamScanner| English Shorthand Magazine (22) ! Excercise - 6 On an careful reading of the aforesaid } paragraphs of the election petition contained in | Annexure-1 of the writ petition, it” is clear that election petition contains an adequate statement of all material facts on which the allegations of not only * illegality in counting of votes were founded but specific allegations of manipulation and fraud played by Returning Officer while counting of ” votes were levelled with material particulars. Not only this but the petitioner had also adduced voluminous evidence to support” the allegations levelled in the election petition in respect of aforesaid illegajities and manipulations in counting of votes by entering himself in witness box and by examining his counting agent. The aforesaid version of election petition was also supported by other candidates by filing their affidavits before the Election Tribunal, which clearly established that the petitioner had adduced sufficient evidence affording a good ground for believing that manipulation was done and fraud was played while counting of votes by returning “officer, therefore, in my opinion, the only way to decide the dispute and to do complete justice between the parties was order for recounting of votes. From the perusal of impugned judgment and order passed by the Election Tribunal, it _*”° appears that the statement of petitioner and his agent in respect of manipulation in counting of votes has been rejected” without any cogent reason. It appears that while dealing with issue, the election tribunal under wrong notion of law has illegally assumed that the petitioner was required to prove his allegations made in the SHREE VISHNU ART PRESS PUBLICATIONS ~ (13) Scanned by CamScanner Scanned with CamScannerelection Petition beyond reasonable doubt, whereas in™ view of legal position enunciated by Hon'ble Apex Court and this Court from time to time as indicated herein™ before, such standard of proof for inspection of ballot papers for the Purpose of recounting of votes is not at all ™ necessary. The election petitioner was required merely to adduce such evidence on the basis of which allegations could be ™ prima facie established affording good ground for believing that there has been mistake or illegality or manipulation in counting of “° votes and further on the basis of such evidence, court or tribunal trying the election petition could be prima facie *° satisfied for directing inspection of ballot papers or recounting of votes. A distinction between prima facie opinion and concluded opinion’ was required to be kept in mind but while rejecting the Prayer for recount of votes, in my opinion, the” election tribunal has proceeded completely on wrong notion of law and rejected prayer for recount of votes on the ground that “ the petitioner has failed to prove his case. In this connection, it is to be noted that when the “° allegations in the petition were Not vague or indefinite or frivolous, rather they were very specific in terms and supported “” by oral evidence ‘adduced before the election tribunal inasmuch as affidavits of other candidates, there was sufficient material before the “ election tribunal affording good ground to believe that illegality or manipulation was done in counting. “* MaRS Uaioe ie Os Se TSRSielaeucme crn (22) (14) Scanned by CamScanner Scanned with CamScannerEnglish Shorthand Magazine (22) The appellant and the respondents. are plaintiff and defendant nos. 1, 2 and 3 respectively in the suit presented in the * Court of Subordinate Judge, Varanasi. The plaintiff in the suit claimed for the reliefs of directing the defendants to execute“a fresh sale deed with regard to the suit property in pursuance of an agreement for sale dated 27.02.2006 on™ or before the date that may be fixed by the Court and failing which execution of the sale deed by ™ the Court. She also prayed for grant of permanent injunction restraining the defendants from disturbing with her peaceful possession and enjoyment of the suit property. According to the plaintiff, first and second defendants jointly entered into an oral agreement on™ 27.02.2006 to sell the suit property for a consideration of Rs. 1,83,000/-. It was agreed that the sale deed in pursuance “ of the oral agreement for sale, would be executed and registered on the same day. The plaintiff purchased the stamp ™ papers and paid the entire sale consideration to the defendants. Thereafter, the defendants put the plaintiff in possession of the ® suit property and also executed a sale deed in her favour. On 27.02.2006, the said sale deed was taken to ™ the Sub-Registrar's office. The Sub- Registrar, however, informed that in view of an order of attachment of the suit property, the“ sale deed could not be registered. The plaintiff averred that she called upon the defendants to get the sale deed* registered, but the defendants avoided the ‘same by putting forth the reason that attachment in SHREE VISHNU ART PRESS PUBLICATIONS (15) Scanned by CamScanner Scanned with CamScannerEnglish Shorthand Magazine (22) respect of the suit property” was subsisting. Mr. D.R. Sharma, learned counsel for the respondents, however, strenuously urged that 1911 Act is a complete code™ by itself and is a special law and, therefore, any dispute Tegarding the registration, including the refusal to register by ™ any party, is covered by the provisions of that Act and the remedy can be worked out under it only. “ He referred to Sections 71 to 77 of the Act and submitted that refusal to register a document by a“ party is exhaustively dealt with by the said provisions and the provisions of the Specific Relief Act, 1963 cannot be and™ should not be invoked in a case of failure to register a document, which is complete in other respects, * except for want of registration. Learned counsel for the respondents submitted that the defendants refused to admit execution of the “” said document before the concerned Sub-Registrar because of the fraud played by the appellant, inasmuch as instead of writing “an agreement to sell, she got executed a full fledged sale deed contrary to the agreement and understanding. The defendants “° accordingly walked out of the office of Sub-Registrar without admitting the execution of the sale deed and under these “° circumstances the only remedy available to the appellant was to get an endorsement and then file an application before the “* Registrar under Section 73 of the 1911 Act.“ ISHREE VISHNU ART PRESS PUBLICATIONS « (16) Scanned by CamScanner Scanned with CamScannerEnglish Shorthand Magazine (22) Excercise - 8 The first respondent resisted the suit contending that the appellant had purchased the suit property during the pendency of her” suit for partition and that being a purchaser pendente lite, the sale in his favour was hit by the doctrine“ of lis pendens and, therefore, he could not claim any right in the suit property. She asserted that the suit property was not the self-acquired property of the second respondent and that the suit property was purchased by her™ father in the name of the second respondent. She denied that there was any collusion between her and the second “respondent. The second respondent did not contest the suit. The trial court by judgment dated 6,7.2005 dismissed the appellant's suit. It held that the suit property was not the self acquired property of second respondent and that there was no “° collusion between first and second respondents and that the appellant having purchased the suit property under sale dated 11.4.1990 during “ the pendency of the suit for |. partition filed by the first respondent against the second respondent, the sale in his favour was hit oy the doctrine of lis pendens and, therefore, the appellant did not get any title to the” suit property and he was not entitled to the relief of declaration and injunction sought by him. The appeal filed” by che appellant was dismissed by the first appellate sourt by judgment and decree dated 26.3.2008. The second appeal ~° filed by the appellant was dismissed by the High Court by the impugned }HREE VISHNU ART PRESS PUBLICATIONS « (17) Scanned by CamScanner Scanned with CamScannerEnglish Shorthand Magazine (22) judgment dated 1.9.2009 by holding that appellant was * a pendente lite purchaser attracting the doctrine of lis pendens under Section 52 of Transfer of Property Act, 1882 ®° and, therefore, the courts below were justified in ignoring the purchase by appellant. Feeling aggrieved the appellant filed the present “appeal. The partition suit was decreed holding that the first respondent was entitled to half share in the properties, which “ were the subject matter of partition suit including the suit property. In the final decree proceedings, an equitable division was “° made accepting the report of the Commissioner who had divided the suit property as. per the sketch resulting in approximately “° three- fourth of the suit property being allotted to the first respondent and only the remaining one-fourth of the suit property being allotted to the second respondent. The contention of the appellant that the partition suit by the first “” respondent against the second tespondent was collusive and that the suit property was the self acquired property of the second “" respondent and the first respondent did not have a share therein, have been concurrently negatived. The alternative contention of “®° the appellant that even if the first respondent had a half share therein, the division and allotment of the properties“ in the partition suit ought to have been made in a manner that the entire suit properly was allotted to the“ share of second respondent to work out equities, was also negatived by the courts below.” SAS TONS lade =e oe - (18) Scanned by CamScanner Scanned with CamScanner| GSTS een Metre ao ee Excercise - 9 Learned counsel for the contesting respondents submits that the Assistant Registrar was well within his jurisdiction to have registered thelist of office bearers keeping in view the proviso contained in Section 4 of the Societies Registration Actas amended“ and applicable in the State of UP. He submits that the Assistant Registrar was within his authority to invite objections ® and thereafter register the list of office bearers, which has been done in the instant case. He further submits that © the Election Officer Madan Singh has colluded with the appellants and has not appeared before the Assistant Registrar, which would not amount to lack of any evidence in support of the elections dated 14.9.2008. He further submits that the list of office bearers of the contesting respondents is a valid list and the contention raised on behalf of the appellants is “° without any substance. Having heard learned counsel for the parties, the first issue which has to be determined was the “* validity of the meeting that had been convened for the purpose of holding of the elections dated 14.9.2008. The “meeting ought to have been convened by the outgoing committee and it could not have been a decision by persons™” who are not entitled to proceed with the elections. The order of the Assistant Registrar does not reflect onthis "issue and even otherwise the same would -be a matter of consideration by the prescribed authority while proceeding to consider *°any doubt or dispute with regard to the elections of office bearers. It is also on record that the elections * SHREE VISHNU ART PRESS PUBLICATIONS Scanned by CamScanner Scanned with CamScannerwhich had been convened in the year 2004 were never held and there was an ongoing dispute with regard to the alleged induction of 76new members. Itis also on record thatthe Joint Director of Education had found °°328 members entitled to participate in election, which was a piece of evidence to be looked into before finalizing the “electoral college. Apart from this, if the elections of the committee of management of the society were not held within time, then after such a finding is recorded by the prescribed authority, it is the Assistant Registrar who can proceed to“ hold the elections under Sub Section 2 of Section 25 of the Act. In the instant case, the elections were™ not held after 2001. For all the aforesaid reasons, the order of the Assistant Registrar dated 20.3.2010 is unsustainable “in law. In our opinion, the learned Single Judge ought to have set aside the order of the Assistant Registrar and “ remitted the matter to the prescribed authority for decision in accordance with the rules and the provisions of Section “° 25 of the Societies Registration Act, 1860. The learned Single Judge, therefore, fell in error in relegating the appellants on “the ground of availability of alternative remedy without setting aside the order of the Assistant Registrar who was bound to “’ refer the dispute in view of the provisions referred to herein above. “* HREE VISHNU ART PRESS PUBLICATIONS (20) Scanned by CamScanner Scanned with CamScanner‘ Excercise - 10 Having heard the learned counsel for the ‘parties, the court finds that the directions given by the leamed Single Judge ” is in consonance with \ the policy framed by the Mandi Samiti. A perusal of the policy indicates that priority was“ to be given to ‘those traders who had no shops allotted to them and who were paying the Mandi fee. Clause 1 of the scheme indicates that a list would be prepared from those eligible traders, who had no shop © allotted in their name and who were paying Mandi Fee. Clause 1 indicated that the list would be prepared in “the descending order, namely, that a trader who was paying the highest fee would be placed at serialno.1 and™ a person paying a lower Mandi fee would come at serial no. 2.and so forth. In the light of this“ provision, the learned Single Judge found that there were 147 applicants and that the total number of shops constructed were “74 in number. The learned Single Judge accordingly directed that the Mandi Samiti would prepare a list of those applicants who™ do not have a shop in the market yard either in the individual name or even as a partner ™ of a firm. Such direction, in our view, is in consonance with the scheme framed by the Mandi Samiti namely that *°the shops would be allotted to those traders who do not have a shop. The contention of the leamed *“ counsel for the appellant in Special Appeal No.272 of 2009 is consequently bereft of merit. At this stage, the contention * of the learned SHREE VISHNU ART PRESS PUBLICATIONS (21) Scanned by CamScanner Scanned with CamScannerEnglish Shorthand Magazine (22) counsel for the appellant that the Mandi Samiti has. itself certified that the appellant do not have “a shop and have arbitrarily been ousted from the list and therefore a direction should be issued is also bereft “of merit. Such information was not before the learned Single Judge nor such documents could be considered in the appeal. The submission of the learned counsel for the appellant is that there was no error apparent on the face of ™° the record and consequently the order could not be reviewed by the leamed Single Judge is patently bereft of * merit. He further submits that earlier order directing the shops to be allocated by draw of lots was in consonance with™ clause 6 of the scheme is wholly erroneous and misconceived. From a combined reading of clauses 1 and 6 of “” the scheme, itis clear that the list of eligible candidates who do not have a shop in the market“? yard was to be prepared in the descending order on the basis of the market fee payable by such applicants. “° The court clarified the scheme by holding that where the number of applicants are less than or equal than the “number of shops, then in such an eventuality, the shops would be allocated as per their names in the “list and that the use of lottery will not be for allocation of the shops but only forthe choice of shops. “ (22) SHREE VISHNU ART PRESS PUBLICATIONS. Scanned by CamScanner Scanned with CamScannerEnglish Shorthand Magazine (22) Excercise - 11 Aggrieved from the judgment of the High Court, the appeliant has preferred the present appeal to this Court under Article * 136 of the Constitution of India. The challenge to the judgment ofthe High Court as well as notification dated “24th of March 2000, is on the ground that the appellant could not have remained probationer beyond the period of “probation. He had held the office for a period of more than 3 years. After this period, the appellant will be deemed to have been confirmed and thus his discharge from service is contrary to the rules. A confirmed employee ™ cannot be discharged as probationer and if there is anything against the appellant, the department ought to have conducted departmental ™ enquiry in accordance with rules. Further, itis contended that the action of the High Court and the State Government “ is arbitrary and without any basis. The service record of the appellant was excellent and there was nothing on the “record to justify that the appellant had become unsuitable for the post. On the contrary, the submission on | behalf of “the respondents is that there cannot be adeemed confirmation. The High Court in exercise . of its power of superintendence "as well as under the rules found that the appellant was entirely unsuitable for his retention in service. The service” record of the appellant is also such that it does not justify his retention in service being a person under *° surveillance of Police prior to joining the service. The appellant, being a probationer, has rightly been discharged from service and the **Writ Petition has ISHREE VISHNU ART PRESS PUBLICATIONS ~ (23) Scanned by CamScanner Scanned with CamScannerare FoYrrelg area midclervaiatey ey rightly been dismissed by the High Court for valid} . Teasons and judgment of the High Court™ does not} . call for any interference. a “The bare reading of the above] impugned notification shows that it is ex-facie not™ stigmatic. It simply discharges the appellant from] " service as having been found unsuitable to hold the | " Post of District Judge. * Until and unless, the appellant is able to show circumstances supported | “ by cogent material on record that this order is “| .. stigmatic and is intended to over reach the process . of law provided under the rules, there is no occasion for this Court to interfere on facts. As faras law is| “e concemed, the question raised is with regard to the *“° applicability of the concept of ‘deemed|”” confirmation’, to the present case under the service jurisprudence. We may also notice that “conduct of | " the appellant, who is a Judicial Officer, belonging to | « the Higher Judicial Services of the State is matter of | .....r.b. “* some concern. Contradictory statements have | . been made in the Writ Petition before the High Court, Memorandum of appeal before “® this Court and . even in the rejoinder and further affidavit filed before this Court. Strangely, the High Court has neither “” contested this case nor pursued it in its correct] “S Perspective. As it appears, even appearance _on| behalf of the High “° Court was not entered upon. | *-- Despite specific orders of this Court the High Court | -)- had failed to produce the records * and even no|.... responsible officerwas present. *” Slits ASIP Sahat =seoee = eerie (24) Scanned by CamScanner Scanned with CamScannerglish Shorthand Magazine (22) Excercise - 12 Itis contended that the action of the State in not regularizing the employees was not fair within the framework of the rule of law. The rule of law compels the State to make appointments as envisaged by the Constitution “and in the manner we have indicated earlier. In most of these cases, no doubt the employees had worked for © some length of time but this has also been brought about by the pendency of proceedings in Tribunals and Courts® initiated at the instance of the employees. Moreover, accepting an argument of this nature would mean that the State would be "permitted to perpetuate an illegality in the matter of public employment and that would be a negation of the ” constitutional scheme adopted by us. It is, therefore, not possible to accept the argument that there must be a direction to “make permanent all the persons employed on daily wages. When the Court is approached for relief by way of a writ, the Court has necessarily to ask itself whether the person before it had any legal right to be ™ enforced. Considered in the light of the very clear constitutional scheme, it cannot be said that the employees have been ™ able to establish a legal right to be made permanent even though they have never been appointed in terms of ™ the relevant tules or in adherence of Articles 14 and 16 of the Constitution It is argued that ina “country like India where there is so much poverty and unemployment and there is no equality of bargaining power, the *° action of the State in not Bina nt hGieneta aut sis (25) Scanned by CamScanner Scanned with CamScanner“English Shorthand Magazine (22) making the employees permanent, would be violative of Article 21 of the Constitution. But “the very argument indicates that there are so many waiting for employment and an equal opportunity for competing for employment “and itis in that context that the Constitution as one of its basic features, has included Articles 14, 16 “and 309 so as to ensure that public employment is given only in a fair and equitable manner by giving ~ all those who are qualified, an opportunity to seek employment. Inthe guise of upholding rights under Article 21 ™ of the Constitution of India, a set of persons cannot be preferred over a vast majority of people waiting for in “opportunity to compete for State employment. The acceptance of the argument_on behalf of the respondents would really negate the “rights of the others conferred by Article 21 of the Constituti assuming that we are in a position to hold” that the right to employment is also a right coming within the purview of Article 21 of the Constitution. The argument “® that Article 23 of the Constitution is breached because the employment on daily wages amounts to forced labour, cannot be “” accepted. After all, the employees accepted the employment at their own volition and with eyes open as to the nature of their employment. The Governments also revised the minimum wages payable from time totime in the light of all relevant circumstances. EMSaVe Oh aimes senate yi) ta i Scanned by CamScanner Scanned with CamScannerEnglish Shorthand Magazine Some Advanced Shorthand Phrases - By Abhishek, Alld. As Stated Above Food Corporation of India... As Stated Earlier Due to the fact that Alleged to have been Day after day As Stated Before Above Mentioned Grant In Aid At the relevant time Apart from the fact that Disciplinary Action Abundantly Clear Large Quantity of By means of Joint Press Conference It must be proved As to what In order to As to why Contraband goods As to how Hindu & Muslim As to when Additional Income Asa result As you like In as much as After a while Malafide As Stated by him ....... Quy. | Bonafide At any level Primafacie At the material time Vide order Dated Charge Sheet Barred By time Judicial Magistrate Barred By limitation Bla A SL UPS daa) Ae oS 2 Scanned by CamScanner Scanned with CamScannerEnglish Shorthand Magazine ( Some Advanced Shorthand Phrases - By Abhishek, Alld. Lower Court Soast0e 0) ge a. Labour Court In such a manner Appellate Court World Bank High Court Hospital Supreme Court Ambulance Industrial Court Null and Void Writ Court In all such cases Sub-Judice Fact and circumstances ........> Chief Justice . of cones | Will be held Supreme Court Judge ~ Ay ~~ | Ithas been held High Court Judge eh - | Apellate Order Income Tax Officer neanaseanenhenns | am of the view Se line Modus Operandy oe sesseee | In our opinion ten Sem ee + | For the purpose of randin Dspue anon Judicial Officer ee ee a Delay Condonation "Should Not sae i By order dated pete veto As noted above With the aid of . a . mentioned above aa ON ded Tor eles (28) Scanned by CamScanner Scanned with CamScannerGaur Shorthand Classes ©) Director & Mentor ...Easiest, Simplest & Smartest ‘one Achal Gaur Sir YouTube :- Gaur English Shorthand Classes Thakurdwara (Teaching Since 2015) Download our App from play store- Gaur Shorthand Classes Our features > Daily Live Classes on our Official Application “Gaur shortnfad> Classes” w > English & Hindi Shorthand Available > Medium of Teaching (Hinglish) ~ » Batches for Basic to Pro > Special batches for Allahabad High Cou Ss Steno C & D, FCI, DRDO, DSSSB, KVS, NVS, CISF, BSF & is other Exams > Dictation from Kailash cher eps, Legal & General > Hand Written Advance Outlit rases are also provided > Speed 60, 70, 80, 90, 100, PM available > Daily copy check trogaegaeram Group > Special work on Aci fat '& Speed > Dictation in Ives s and than after individual reading » All doubts ch ered in live sessions and after the class too. > Certificat ‘also provided on demand Add. 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