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UP Revenue Code 2006 | Final Order In First Appeal Can Be Challenged In Revision U/S 210: Allahabad High Court

CASE TITLE: Paltoo Ram Yadav vs. State Of U.P. And 6 Others [WRIT ­ C No. ­ 10192 of 2023]

DECIDED ON: 18.08.2023

CORAM: Hon’ble Dr. Yogendra Kumar Srivastava,J.

INTRODUCTION

The Allahabad High Court has ruled that the option of revision, as outlined in Section 210 of the U.P. Revenue Code of 2006, can be pursued in response to a conclusive decision made by the Commissioner through an appeal under Section 207 of the same Code.

The panel, presided over by Justice Dr. Yogendra Kumar Srivastava, emphasized that the term “proceeding decided,” as stipulated within Section 210 of the Code, encompasses the ultimate judgment rendered by the Commissioner during the appeal process.

FACTS

The Petitioner and private Respondents collectively acquired ownership of a property in segments through separate registered sale deeds. These acquisitions led to their joint recognition as co-sharers in revenue documents. The Petitioner initiated legal action under Section 116 of the Uttar Pradesh Revenue Code, 2006, seeking the division of the shared property. This legal proceeding resulted in a one-sided decision due to the Respondents’ failure to submit a written response.

Subsequently, the Respondents filed an application for reconsideration, which was dismissed. Following this, they filed an appeal in accordance with Section 207 of the aforementioned Code, challenging both the default decree and the denial of the reconsideration application.

Commissioner Azamgarh granted approval for the appeals and invalidated the default decree on the basis of it being passed in absence of the Respondents. Moreover, the swift dismissal of the recall/restoration application was criticized by the Commissioner for not taking into account the case’s particulars. The Commissioner also highlighted that the lower court’s observations were untenable given that the property was obtained through sale deeds rather than inheritance.

The private Respondents raised a concern about the appropriateness of the writ petition against the Commissioner’s order, asserting that the Petitioner had a statutory option of seeking revision under Section 210 of the U.P. Revenue Code, 2006, in response to the Commissioner’s role as the First Appellate Authority.

The Petitioner contended that the Commissioner’s decision merely constituted a “simple remand” and didn’t involve any deliberation on the merits of the case. Consequently, the Petitioner argued that the option for revision was not applicable in this scenario.

CASE ANALYSIS AND DECISION

The Court determined that the Commissioner’s order, due to its comprehensive examination of the case’s merits, cannot be categorized as a mere “simple remand.” As the matter was remanded for a fresh hearing with both parties given the opportunity to present evidence and arguments, the order carries a finality.

Given the remand nature of the order, the provision in Section 209(e) of the Code bars any statutory appeal against the order. This prompted an inquiry into whether the revisional jurisdiction under Section 210 of the Code could be invoked against the remand order.

Justice Srivastava highlighted the term “proceeding decided” found in Section 210 and underscored that the word ‘proceeding’ within this context holds a broader meaning than ‘case’.

Examining the structure of Section 210, the Court stated:

“The admissibility of a revision would hinge on two factors: first, it must pertain to a suit or proceeding concluded by any Revenue Court subordinate to the Board or Commissioner; second, it should involve (i) an exercise of jurisdiction not legally granted, or (ii) failure to exercise a legally endowed jurisdiction, or relate to any ‘suit or proceeding decided’, not subject to appeal. Once both these conditions are satisfied, it cannot be contested that the revision is not admissible. The decision to utilize the jurisdiction to intervene in orders issued by subordinate Revenue Courts in a suit or proceeding concluded hinges on the circumstances revealing a jurisdictional error in a specific case.”

Recognizing that an appeal is an extension of a lawsuit, the Court argued that the term ‘proceeding’ should also encompass proceedings at the appellate stage.

“Consequently, in order to invoke the revisional jurisdiction under Section 210, ‘proceeding decided’ is seen to cover more than a ‘suit decided.’ It should not be restricted solely to the entirety of proceedings within the course of a lawsuit. Construing ‘proceeding decided’ as comprising only the entirety of proceedings rather than a segment of a proceeding would amount to restraining the exercise of revisional jurisdiction, which is not in line with Section 210’s intent.”

In conclusion, the Court established that the Petitioner had the option to approach the revisional authority and subsequently dismissed the writ petition.

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Written by- Mansi Malpani

 

 

 

 

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The Gujarat High Court granted the petitioners’ request to quash the FIR and charge sheet, as the allegations of copyright and trademark infringement were deemed baseless and not applicable.

Case- State Of Gujarat vs Kantilal Narshibhai Bhimani   (R/CR.MA/1239/2019)
Decided on: 23rd June 2023

CORAM: HON’BLE Justice Hemant M. Prachchhak
Introduction

The learned Additional Sessions Judge and Special Judge, Jamnagar, granted bail to the accused on September 29, 2018, in Criminal Miscellaneous Application No. 1576 of 2018. The State of Gujarat, represented by the learned APP (Assistant Public Prosecutor), is now seeking the cancellation of this bail, arguing that the order granting bail is illegal and arbitrary.

Facts of the Case

The defence counsel, representing the accused respondent, opposes the application and argues that the trial court considered all the relevant factors and evidence before granting bail.

The document also references several legal precedents related to the cancellation of bail. It mentions that cancellation of bail requires compelling and overwhelming circumstances, such as interference with the administration of justice, evasion of justice, abuse of the concession of bail, possibility of the accused absconding, likelihood of misuse of bail, or tampering with evidence or threatening witnesses.

Judgement

The judge reviewing the application states that after evaluating the impugned order and considering the arguments from both sides, there appear to be no overwhelming circumstances or breaches of bail conditions reported against the accused. Additionally, the investigating officer has not filed a chargesheet, and the trial could not proceed further. Considering these factors, the judge opines that the trial court rightly exercised its power under Section 438 of the Code.

The judge further emphasises the distinction between considering a bail application and deciding on a petition for its cancellation. The judge cites various legal precedents to emphasise that cancellation of bail requires compelling and overwhelming circumstances and should not be done mechanically.

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The Gujarat High Court granted the petitioners’ request to quash the FIR and charge sheet, as the allegations of copyright and trademark infringement were deemed baseless and not applicable.

Case- Atulbhai Rasikbhai Dudhwala vs State Of Gujarat (R/SCR.A/693/2014)
Decided on: 27th June 2023

CORAM: HON’BLE Justice Sandeep N. Bhatt
Introduction

In this case, the petitioners filed a petition seeking multiple reliefs, including the quashing of an FIR and charge sheet related to allegations of copyright and trademark infringement. The petitioners’ counsel argued that the allegations in the FIR were baseless and did not fall under the purview of the Copyright Act or the Trade Marks Act.

Facts of the Case

According to the councel, the complainant, the first informant, needed the authorisation or assignment to carry out procedures related to copyright infringement. The allegations were that the petitioners were selling duplicate spare parts of the Hyundai Company. The counsel argued that the Copyright Act and Trade Marks Act did not apply to the sale of automobile goods and that the provisions of these acts were not applicable in this case.

Furthermore, the counsel contended that the first informant had not provided any evidence to prove that he was authorised to file the complaint on behalf of the Hyundai Company. They argued that the FIR abused the court’s process and should be quashed, citing a previous judgment that they believed applied to the present case.

The respondent’s counsel, representing the state, agreed that the allegations in the FIR did not relate to items covered under the Copyright Act. However, they argued that the FIR was filed for offences under specific sections of the Copyright Act and the Trade Marks Act.

Judgement

After considering the submissions and examining the FIR, the court found that the allegations did not fall within the scope of the Copyright Act, as the spare parts in question were not considered artistic works. The court also noted that the FIR did not establish the complainant’s capacity to claim rights under the Copyright Act or the Trade Marks Act.

Based on these findings, the court concluded that no prima facie case was made out under the relevant sections of the acts. They deemed continuing the criminal proceedings to abuse the court’s process and quashed the FIR, charge sheet, and all related proceedings.

In summary, the court granted the petitioners’ request to quash the FIR and charge sheet, as the allegations of copyright and trademark infringement were deemed baseless and not applicable. The court found that the continuation of the criminal proceedings would amount to an abuse of the court and law, and therefore, the FIR and all related proceedings were quashed.

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UNDERSTANDING COMPENSATION AND EVIDENCE ON LAND ACQUISITION: BOMBAY HIGH COURT

INTRODUCTION:

The High Court of Bombay bench at Aurangabad passed a judgement on 04 May 2023. In the case of BALAWANT S/O RABHAU SHINGARE … VS THE EXECUTIVE ENGINEER IN FIRST APPEAL NO.253 OF 2015 which was passed by a division bench comprising of HONOURABLE SHRI JUSTICE V. V. KANKANWADI and HONOURABLE SHRI JUSTICE ABHAY S. WAGHWASE Land acquisition is a legal process involving the compulsory purchase of private property by the government for public use. Disputes often arise when landowners challenge the compensation awarded to them for their acquired land. In this analysis, we will examine a specific judgment, Land Acquisition Reference Nos. 497 of 2012 and 498 of 2012, which revolves around the construction of a godown by the Maharashtra State Electricity Board (M.S.E.B.). The case involves arguments regarding compensation and evidence presented by both parties.

FACTS:

The land in question is situated in the village of Shekapur, Osmanabad, and was acquired by the government for the construction of a godown. The land acquisition process commenced with a notification under Section 4 of the Land Acquisition Act on September 15, 1993, although possession had already been taken through negotiation on March 25, 1992. The Special Land Acquisition Officer awarded compensation to the landowners on June 25, 1996. Dissatisfied with the awarded amount, the landowners filed a reference under Section 18 of the Land Acquisition Act, seeking enhanced compensation.

The landowners claimed that they were not given the opportunity to present evidence during the acquisition proceedings and that the award was declared ex-parte or arbitrarily. They argued that no rent or damages were paid for the possession taken prior to the notification. Additionally, they contended that the market price of the land in 1992-1993 was higher than the price calculated by the Special Land Acquisition Officer. The landowners emphasized the location of the acquired land, its potential for non-agricultural use, and its proximity to residential, educational, and commercial areas. They sought an enhancement of compensation to Rs. 100 per square foot.

The respondents, representing the government, asserted that the claimants were given a fair opportunity to present their case and support their claim. They argued that the evidence presented by the claimants was insufficient. The Special Land Acquisition Officer had already considered the prevailing market value, land quality, fertility, and topography. The respondents claimed that the compensation awarded was adequate, considering the rural nature of the acquired land. They requested the rejection of the reference.

JUDGMENT:

After considering the arguments and examining the evidence, the reference Court allowed the references filed by the claimants. The Court held that the claimants were entitled to enhanced compensation at the rate of Rs. 100 per square foot. Additionally, the court awarded a 30% solatium and a 12% additional component on the enhanced amount. Interest at a rate of 9% from the date of acquisition until September 15, 1994, and at a rate of 15% from September 16, 1994, to June 25, 1996, was also granted under Section 34 of the Land Acquisition Act.

CONCLUSION:

In the case of Land Acquisition Reference Nos. 497 of 2012 and 498 of 2012, the landowners successfully challenged the compensation awarded to them for their acquired land. The court recognized the potential value of the land for non-agricultural use and its location in relation to residential, educational, and commercial areas. The judgment emphasized the need for fair compensation based on market value and awarded enhanced compensation to the claimants. This case highlights the importance of considering relevant evidence and factors when determining compensation in land acquisition cases.

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EXONERATION OF INSURANCE COMPANY: A MATTER OF COMPENSATION AND LIABILITY-BOMBAY HIGH COURT

INTRODUCTION:

The High Court of Bombay passed a judgement on 18 April 2023. In the case of SUBHASH WAMAN BAVISKAR AND ORS Vs ADINATH HAMBIRRAO BUDHWANT AND ANR IN FIRST APPEAL NO.410 OF 2016 which was passed by a single bench comprising of HONOURABLE SHRI JUSTICE S. G. DIGE, the issue of exoneration of an insurance company from paying compensation was deliberated upon. The case revolved around the breach of terms and conditions of an insurance policy, specifically regarding the validity of the driver’s license at the time of the accident. The judgment explored the contentions of both the appellant and the respondent, ultimately shedding light on the question of whether the claimants had the right to challenge the tribunal’s decision regarding the exoneration of the insurance company.

BACKGROUND:

The incident in question occurred on November 23, 2011, when the deceased, Asha Baviskar, was traveling as a pillion rider on a motorcycle. A truck, traveling at high speed, attempted to overtake the motorcycle and collided with it. Asha suffered severe injuries and tragically passed away before receiving medical treatment. The offending truck driver was charged with the offense.

The Insurance Company’s defense centered on the argument that the driver of the truck did not possess a valid and effective driver’s license at the time of the accident. The tribunal noted that the driver’s license had expired four months before the accident, and no application for renewal had been made within the stipulated period.

CONTENTIONS OF THE PARTIES:

The appellant’s counsel argued that the tribunal’s observation regarding the breach of the insurance policy’s terms and conditions was incorrect and requested the court to allow the appeal. They contended that the insurance company should be held liable to indemnify the claimants.

In contrast, the respondent’s counsel, representing the insurance company, asserted that the claimants were not the aggrieved party in this matter. They argued that the claimants were entitled to compensation for the accident, irrespective of the source of payment. The counsel further emphasized that it was within the tribunal’s purview to determine the party responsible for providing compensation in cases involving a breach of insurance policy terms.

COURT’S ANALYSIS:

Upon careful consideration of the arguments presented, the court examined the relevant provisions of the Motor Vehicles Act (M.V. Act). Section 173 of the M.V. Act stipulates that any person aggrieved by an award of a Claims Tribunal can file an appeal within ninety days from the date of the award. The court acknowledged that this section does not define the term “aggrieved person” and upheld the appellants’ right to challenge the tribunal’s decision.

The court further emphasized that although the driver of the offending vehicle did not possess a valid license at the time of the accident, it did not necessarily imply a lack of driving skill. It stated that as per settled legal principles, if the driver of an offending vehicle is found to be without a valid license, the insurance company must initially pay the compensation and subsequently recover it from the vehicle owner. The court noted that the tribunal had overlooked this aspect when passing its order.

To strengthen its reasoning, the court cited two relevant cases. One of them is Balu Krishna Chavan v. The Reliance General Insurance Co. Ltd., which likely provided insights into compensation entitlement and the rights of claimants regarding insurance companies. The court also mentioned Biju R. & Ors. v. Vivekanandan and Ors., which likely presented legal principles supporting the rights of claimants to challenge tribunal decisions. The court distinguished these cases based on the differing facts and circumstances, supporting its conclusion.

CONCLUSION:

In conclusion, the court allowed the appeal, asserting that any aggrieved person has the right to file an appeal under Section 173 of the M.V. Act. It directed the insurance company to pay the compensation awarded by the tribunal, along with accrued interest, within six weeks. The court clarified that the insurance company could subsequently recover the amount from the owner of the offending vehicle. Additionally, the claimants were permitted to withdraw the deposited amount, and all pending civil applications were disposed of.

This judgment clarifies the rights of claimants and underscores the insurance company’s responsibility to indemnify compensation even in cases where the driver of an offending vehicle does not possess a valid license. It highlights the importance of upholding contractual liabilities and ensuring that aggrieved parties have the opportunity to challenge decisions affecting their entitlement to compensation. The court’s references to the Balu Krishna Chavan and Biju R. cases further support the arguments presented, solidifying the legal basis for the decision.

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JUDGEMENT REVIEWED BY VETHIKA D PORWAL, BMS COLLEGE OF LAW

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