Court : Supreme Court of India
Reported in : AIR1983SC130; 1983(31)BLJR122; (1983)ILLJ104SC; 1982(2)SCALE1213; (1983)1SCC305; [1983]2SCR165; 1983(1)SLJ131(SC)
1. With a slight variation to suit the context Woolesey's prayer : 'had I served my God as reverently as I did my king, I would not have fallen on these days of penury' is chanted by petitioners in this group of petitions in the Shellian tune : 'I fall on the thorns of life I bleed.' Old age, ebbing, mental and physical prowess, atrophy of both muscle and brain powers permeating these petitions, the petitioners in the fall of life yearn for equality of treatment which is being meted out to those who are soon going to join and swell their own ranks,2. Do pensioners entitled to receive superannuation or retiring pension under Central Civil Services (Pension) Rules, 1972 ('1972 Rules' for short) form a class as a whole? Is the date of retirement a relevant consideration for eligibility when a revised formula for computation of pension is ushered in and made effective from a specified date? Would differential treatment to pensioners related to the date of retirement qua the revised formula...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1977SC1361; (1977)3SCC592; [1978]1SCR1
M.H. Beg, C.J.1. Original Suits Nos. 1 to 6 of 1977, before us have been filed on behalf of the States of Rajasthan, Madhya Pradesh, Punjab, Bihar, Himachal Pradesh and Orissa against the India under Article 131 of the Constitution of India. There are (sic) before us three writ Petitions, Nos. 67 to 69 of 1977, by three members of the Legislative Assembly of the State of Punjab against Union of India and Shri Charan Singh, the Home Minister in the Government of India and Shri Zail Singh, Chief Minister of Punjab. (sic) six suits and the three Writ Petitions raise certain common quesis(sic) of law and fact. They were, therefore, permitted to be argued (sic). We have already dismissed the suits and petitions after ring them at length and now; propose to state our reasons for doing as stated in our order of 29th April 1977. Before dealing with questions of fact and law I will indicate the nature of the reliefs; (sic) by each plaintiff under Article 131 and the grievance of each (sic)tione...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IIIAD(SC)135; AIR1996SC1765; JT1996(3)SC482; 1996(2)SCALE911; (1996)9SCC548; [1996]3SCR543
..... to effectuate the scheme, tentatively a consolidated fund of rs. 75 crores would be set up as corpus and procedure would be evolved by the government as to in which nationalised bank or income yielding government securities the same would be deposited; as to who would operate and disburse the income accrued from the fund from time to time. subject to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1994SC2420; 1994(2)BLJR1147; 1994CriLJ3271; JT1994(4)SC309; 1994(3)SCALE197; 1995Supp(1)SCC80; [1994]Supp1SCR483; 1994(2)LC782(SC)
ORDERFaizan Uddin, J.1. In Sessions Trial No. 77/85 the appellants Suresh Bahri and Raj Pal Sharma were convicted under Section 302 of the Penal Code for causing murder of Urshia Bahri and her two children, namely, Richa Bahri and Saurabh Bahri. All the three appellants, Suresh Chandra Bahri, Gurbachan Singh and Raj Pal Sharma were also convicted under Section 302/120-B of the Penal Code for the offence of criminal conspiracy to commit murder of Urshia Bahri and her two children named above. The appellants Suresh Chandra Bahri and Raj Pal Sharma were further convicted under Section 201 of Penal Code for causing disappearance of evidence of murder of Saurabh Bahri and the appellants Suresh Chandra Bahri. Gurbachan Singh and Raj Pal Sharma were also convicted under Section 201 of the Penal Code for causing disappearance of evidence of murder of Urshia Bahri by the Additional Judicial Commissioner, Ranchi by judgment dated 27.7.90 who awarded the sentence of death for the offences under S...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1986SC1272; (1986)88BOMLR432; 1986(1)SCALE681; 1986Supp(1)SCC401; [1986]1SCR731; 1986(2)LC319(SC)
..... of 1800. acts passed by the british parliament for the governments of various parts of the crown's territories have been judicially recognized as constitution acts. for instance, in british coal corporation and ors. v. the king [1935] a.c. 500, j.c., the judicial committee referred to the british north america act, 1867 (30 & 31 vict., c.3), which was .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1986SC3; 1985(2)SCALE1142; 1985Supp(1)SCC611; [1985]Supp2SCR399
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 6623 of 1983. From the Judgment and Order dated 3.6.1983 of the Punjab & Haryana High Court in E.P. 13/82. Kapil Sibal, Gopi Chand, K.C. Sharma, R. Karanjawala, Mrs. M. Karanjawala, Miss Neethu & Mrs. Madhu Tewatia for the Appellants. K.G. Bhagat, Additional Solicitor General, R.Venkataramani, Ranbir Singh Yadav, P.S. Pradhan, Chandra Shekhar Panda and A. Mariaroutham for the Respondent. The following Judgments were delivered: FAZAL ALI, J. The election process in our country has become an extremely complex and complicated system and indeed a very difficult and delicate affair. Sometimes, the election petitioner, who has lost the election from a particular constituency, makes out on the surface such a probable feature and presents falsehood dextrously dressed in such a fashion as the truth being buried somewhere deep into the roots of the case so as to be invisible, looks like falsehood which is depicted in the grab of an attractiv...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC2001; JT1995(5)SC1; 1995(4)SCALE1; 1995Supp(4)SCC286; [1995]Supp1SCR542
..... , it characterised by a ruthless investigation of truth. nevertheless, the law recognises that the process cannot go on indifinitely. there is a fundamental principle of english law (going back to coke's commentary on littleton) generally expressed by a latin maxim which can be translated: 'it is in the interest of society that there should be some end to litigation'. this .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1994SC1918; JT1994(2)SC215; 1994(2)SCALE37; (1994)3SCC1; [1994]2SCR644
ORDERP.B. Sawant, J.1. On behalf of Kuldip Singh, J. and himself. Article 356 has a vital bearing on the democratic parliamentary form of government and the autonomy of the States under the federal Constitution that we have adopted. The interpretation of the Article has, therefore, once again engaged the attention of this Court in the background of the removal of the governments and the dissolution of the legislative assemblies in six States with which we are concerned here, on different occasions and in different situations by the exercise of power under the Article. The crucial question that falls for consideration in all these matters is whether the President has unfettered powers to issue Proclamation under Article 356(1) of the Constitution. The answer to this question depends upon the answers to the following questions: (a) Is the Proclamation amenable to judicial review? (b) If yes, what is the scope of the judicial review in this respect? and (c) What is the meaning of the expr...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2011(4)KLT137(SN)(C.No.147); 2011AIRSCW6418; 2012(1)LW593; AIR2012SC100; 2012(2)SCJ751
1. These appeals are filed against the judgment dated 24.4.2003 of a division bench of the Delhi High Court in the Uphaar Cinema tragedy. CA No.7114-15/2003 is by the Municipal Corporation of Delhi (for short `MCD'). CA No.7116/2003 is by the Licensing Authority (Commissioner of Police). CA No. 6748/2004 is by M/s.Ansal Theatre and Clubotels Pvt. Ltd., the owners of the Uphaar Cinema Theatre (for short the `theatre owner' or `Licensee). 2. These appeals relate to the fire at Uphaar Cinema Theatre in Green Park, South Delhi on 13.6.1997, resulting in the death of 59 patrons and injury to 103 patrons. During the matinee show of a newly released film on 13.6.1997, the patrons of the cinema hall which was full were engrossed in the film. Shortly after the interval, a transformer of Delhi Vidyut Board installed in the ground floor parking area of Uphaar Cinema, caught fire. The oil from the transformer leaked and found its way to the passage outside where many cars were parked. Tw...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1980SC2147; 1980CriLJ1440; (1981)1SCC107; [1981]1SCR1196
V.R. Krishna Iyer, J. (On behalf of himself and Y.V. Chandrachud, C.J. and P.N. Bhagwati, J.)1. A procession of 'life convicts', well over two thousand strong, with more joining the march even as the arguments were on, has vicariously mobbed this Court, through their learned Counsel, carrying constitutional missiles in hand and demanding liberty beyond the bars. They challenge the vires of Section 433A of the Criminal Procedure Code (Procedure Code, for short) which compels 'caging' of two classes of prisoners, at least for fourteen eternal infernal years, regardless of the benign remissions and compassionate concessions sanctioned by prison law and human justice. Their despair is best expressed in the bitter lines of Oscar Wilde. The Ballad of Reading Gaol:I know not whether Laws be right,Or whether Laws be wrong,All that we know who lie in gaolIs that the wall is strong;And that each day is like a year.A year whose days are long.(Emphasis added)But broken hearts cannot break prison w...
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