Court : Andhra Pradesh
Reported in : 1990ACJ668; AIR1989AP235
Jeevan Reddy, J. 1. Plaintiffs are the appellants. Their suit for da mages in a sum of Rs. 10 Lakhs against the State of Andhra Pradesh has been dismissed by the learned Subordinate Judge, Kurnool.2. Plaintiffs I to 5 are the sons, and 6th plaintiff is the wife of late Challa Chinnappa Reddy. The deceased and the 1st plaintiff were accused in Crime No. 18/1977 of Owk Police Station in Banganapalle Taluk of Kurnool District. They were arrested on 25-4-1977 and remanded to judicial custody on 264-1977. They were lodged in Cell No. 7 of Sub-Jail of Koilakuntla. On the night intervening 5th and 6th May 1977, at about 3-30 a.m., some miscreants gained entry into the Sub-Jail, hurled bombs into Cell No. 7, and killed the deceased. The 1st plaintiff escaped with injuries. The said incident took place, according to the plaintiffs, on account of malfeasance and misfeasance of the defendant-State and its subordinate officials in guarding the sub-jail premises. The deceased was a rich and influen...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1994P& H47
ORDERJawahar Lal Gupta, J.1. Is Rule 42 of the Gram Panchayat Election Rules 1960, which provides that the election petition under the Act shall be preferred to the Executive Magistrate within whose jurisdiction the Sabha area is situate ultra vires the Constitution of India? This is the short question that has been raised in these five writ petitions viz. CWP 2854, 3563, 3734, 504 and 593 of 1993. A few facts, as mentioned in C. W.P. No. 2854 of 1993, may be noticed.2. Election to the Gram Panchayat of Village Mohadian, Tehsil and Distt. Fateh-garh Sahib was held on January 22, 1993. The petitioner and respondent No. 3, who were duly registered as voters in the said constituency, contested the election. The petitioner lost and respondent No. 3 was elected to the office of the Sarpanch of the said village. The petitioner alleges that respondent No. 3 was elected because he committed various illegalities and improprieties and also because 'the Government machinery went out of its way to...
Tag this Judgment!Court : Chennai
Reported in : (1999)1MLJ450
ORDERT. Meenakumari, J.1. The writ petition is for the issue of writ of certiorarified mandamus to call for the records of the second respondent ending with his order No.O.Mu.No. 18404/A4/89, dated 23.5.1989 and quash the same and direct the respondents 1 to 3 to pay the grant in respect of the three laboratory Assistants namely, Zakir Hussain, S.M.A. Syed Mohamed and S. Mohamed Ibrahim appointed by the petitioner.2. The petitioner is the Secretary and Correspondent of Sadakathullah Appa College, Tirunelveli. The above college was established by a Society namely Sadakathullah Appa Educational Society, Tirunelveli. The Society is registered under the Societies Registration Act. The college was started in the year 1971 by the members of Muslim minority community for the benefit of the Muslims of that particular area. The case of the petitioner is that the college is a minority institution as defined under Section 2(7) of the Tamil Nadu Private Colleges Regulation Act, 1976 and it is a mi...
Tag this Judgment!Court : Karnataka
Reported in : 1999(4)KarLJ574
R.P. Sethi, C.J. 1. Under the industrial jurisprudence, bonus connotes claim of the workmen due to them beyond strict wages. Any extra consideration given for what is received, or something given in addition to what is ordinarily received by, or strictly due to the recipient is a bonus. It is also termed as wage incentives given to the labourer by the establishment for achieving higher productivity. The object of grant of bonus on the one hand is to increase earnings of the workers and on the other to improve the efficiency in the output in an industrial establishment. The Payment of Bonus Act (hereinafter called the 'Act') was enacted to provide for payment of bonus to persons employed in certain establishments on the basis of profits or on the basis of production or productivity and for matters connected therewith. In the statement of objects and reasons to Act No. 21 of 1965, it was stated: 'A Tripartite Commission was set up by the Government of India by their Resolution No. WB-20(...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1994SC1314; 1995CriLJ2080; JT1994(4)SC73; 1994(2)SCALE1065; 1994Supp(2)SCC405
ORDER1. These appeals arise from the judgment of the Madras High Court dated 9th August, 1990 passed in Criminal Appeal Nos. 840 to 855 of 1978, 867 of 1978, 881 to 885 of 1978, 887 of 1978, 889 to 913 of 1978, 916 of 1978, 923 to 937 of 1978, 943 of 1978 and 944 of 1978 and C.A. No. 156 of 1981 whereby the accused/appellants before the High Court were acquitted by the High Court.2. All the accused, except accused 105 and 106 were either employed or associated with the Corporation of Madras; Accused 2, 3, 4 and 5 were working as Engineers in Electrical Department besides the 1st accused, who died during the trial of the case; accused 6, 7, 8, 9, 10 and 12 were Electrical Supervisors; accused 11, 13, 14 and 15 were employed as Asstt. Electrical Supervisors; accused 16 and 17 were Charge Engineers; accused 18 and 19 were Lighting Inspectors, accused 20, 23 and 24 were Temporary Time-keepers; accused 21, 22, 25, 26, 27, 28, 29, 30, 31, 32, 33 and 37 were Time-keepers; accused 34 and 35 we...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2010(2)SCALE204; (2010)4SCC653
Dalveer Bhandari, J.1. Leave granted.2. This appeal is directed against the judgment of the High Court of Judicature at Patna passed in Criminal Writ Jurisdiction Case No. 553 of 2006 dated 14.08.2007.3. The appellant is aggrieved by the notification No. 184A dated 20th May, 2006 whereby the Patna High Court in exercise of administrative powers conferred under Sub-section (6) of Section 9 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') has been pleased to decide that the premises of the District Jail, Siwan will be the place of sitting of the Court of Sessions for the Sessions Division of Siwan for the expeditious trial of Sessions cases pending against Md. Shahabuddin.4. The appellant is also aggrieved by the two notifications bearing No. A/Act-01/2006 Part-1452/J corresponding to S.O. No. 80 dated 7.6.2006 and No. A/Act-01/2006 Part-1453/J corresponding to S.O. No. 82 dt. 7.6.2006 issued by the State of Bihar at the behest of the High Court of Patna. T...
Tag this Judgment!Court : Gujarat
Reported in : AIR1987Guj113; (1987)1GLR437
Ravani, J.1. In the annals of history, it is difficult to discover dictator, a feudal lord or a monarch, who openly discarded ' public interest ' and asserted his legal right to rule the people and consider 'public interest' as irrelevant. Even military dictators, while exploiting the people and inflicting miseries on them, cover their faces by the veil of 'Public interest' But in a democracy wedded to the welfare of the people and where the Constitution of the country has promised the people establishment of an egalitarian society based on socialistic principles, a nationalised bank (which is 'State' within the meaning of article 12 of the Constitution) asserts through its senior counsel (Mr. M. S. Sanghvi) that the bank is under no legal obligation to take into consideration 'public interest' while executing a money decree and, therefore, it shall disregard the same. Shocking as it is, this is the stand of the bank and not a mere legal point raised by an attorney of the bank. Therefo...
Tag this Judgment!Court : Chennai
(Prayer: Petition under Article 226 of the Constitution of India for issuance of a writ of Declaration, declaring that the appointments made by the first respondent vide G.O.Ms.No.9, Personnel and Administrative Reforms (M) Department, dated 31.1.2016, appointing respondents 4 to 14 as Members of the Tamil Nadu Public Service Commission are illegal, ab initio void and contrary to the law laid down by the Hon'ble Supreme Court and Constitutional provisions and, therefore, consequently to hold that respondents 4 to 14 have no authority to hold the posts of Members of the Tamil Nadu Public Service Commission and consequently to declare the post as vacant. Petition under Article 226 of the Constitution of India for issuance of a writ of Declaration, declaring the appointment of respondents 3 to 13 as Members of the TNPSC made in G.O.(Ms.) (3) No.9, Personnel and Administrative Reforms (M) Department, dated 31.1.2016 issued by the first respondent as illegal and against Constitutional manda...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1994SC2342; JT1994(3)SC372; (1994)IILLJ1220SC; 1994(2)SCALE609; (1994)5SCC282; [1994]3SCR563
ORDERA.M. Ahmadi, J. 1. A short but interesting question arises in these appeals by special leave bearing on the true scope and meaning of Rule 4(4) of the Sikkim Government Establishment Rules, 1974, (hereinafter called 'the Rules'), which were in force before Sikkim became a part of the territory of India. The relevant part of the said Rule with which we are concerned reads as follows :4(4) : APPOINTMENT : (A) Appointment to service under the Government shall be by one or both the methods indicated below:(a) Direct recruitment; (b) Promotion from one grade to another.(B) Direct recruitment shall include appointment on contract, and appointment on deputation :Provided these two types of appointment shall be made having due regard to the exact nature of specific duties and responsibilities and the qualifications required for the post, and further provided that (i) Non-Sikkimese nationals may be appointed only when suitably qualified and experienced Sikkimese nationals are not available...
Tag this Judgment!Court : Karnataka
Reported in : ILR1987KAR2177
ORDERBopanna, J.1. The petitioner has questioned the correctness of the order passed by the Government of Karnataka (Home Department) refusing to renew the four licenses held by him which were valid up to 31-12-1984. It is not in dispute that these licenses were granted to him to enable him to carry on business in the manufacture and sale of Fire Arms under the name and style of 'Dwaraka Arms Stores' situate at Sathyanarayanapet, Bellary. The State Government being the Renewal Authority under the Arms Act, 1959 (in short the Act), the petitioner made an application for the renewal of these licenses in accordance with the provisions of Section 15 of the Act. The State Government made an order on 13-12-1985 rejecting his application for renewal. This order was challenged by the petitioner in W. P. No. 19681 of 1985 and this Court by its Order dated 16-7-1986 set aside the said order on the short ground that the petitioner was not afforded an opportunity of being heard before the said ord...
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