Court : Supreme Court of India
Reported in : AIR1984SC1271; 1984(1)SCALE750; (1984)3SCC465; [1984]3SCR676
O. Chinnappa Reddy, J. 1. A few months ago, orthodox Hindu sentiment was outraged and general public feeling was roused by the discovery that beef tallow imported from abroad was either being sold as vanaspati or used in its manufacture by certain unscrupulous persons. There was a furore in the country. There was public agitation. Questions were asked in Parliament. Outside the House, Press and Politician made capital of it. There were demands that severe action be taken against those responsible. Assurances were given in Parliament. Bureaucracy went into action. It was discovered that though the import of beef tallow, like other animal tallow, had been canalised through the State Trading Corporation with effect from June 5, 1981, there had been considerable import of beef tallow outside the channel of the Stale Trading Corporation even subsequent to June 5, 1981, on the ostensible pretext that licences had been issued and firm contracts had already been entered into before that date. ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC1495; 1985(1)SCALE832; 1985Supp(1)SCC714; [1985]Supp1SCR352
1. My learned Brethren have expressed their respective points of view on the policy of reservations which, alas, is even figuratively, a burning issue to-day. We were invited by the counsel not so much as to deliver judgments but to express our opinion on the issue of reservations; which may serve as a guideline to the Commission with the Government of Karnataka proposes to appoint, for examining the question of affording better employment and educational opportunities to Scheduled Castes, Scheduled Tribes and other Backward Classes. A somewhat unusual exercise is being undertaken by the Court in giving expression to its views without reference to specific facts. But, institutions profit by well-meaning innovations. The facts will appear before the Commission and it will evolve suitable tests in the matter of reservations. I cannot resist expressing the hope that the deep thinking and sincerity which has gone into the formulation of the opinions expressed by my learned Brethren will no...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1986SC180; 1985(2)SCALE5; (1985)3SCC545; [1985]Supp2SCR51
..... of the right conferred by article 21 is the bombay municipal corporation act, 1888, the relevant provisions of which are contained in sections 312(1), 313(1)(a) and 314. these sections which occur in chapter xi entitled 'regulation of streets' read thus:section 312 - prohibition of structures or fixtures ..... him. he will tend to form his judgment of the excellence or otherwise of the legal system from his personal knowledge and experience in seeing the legal machine at work', ['the influence of remedies on rights' (current legal problems 1953, volume 6.)]. therefore, 'he that takes the procedural sword ..... , state of bihar, patna : 1979crilj1045 , 537; hussainara khatoon, ii v. home secretary, state of bihar, patna [1960] 1 s.c.c. 81; sunil batra, ii v. delhi administration : 1978crilj1741 ; jolly george verghese v. the bank of cochin ..... abatement of every kind of nuisance. under clause (g) of that section, the corporation is under an obligation to take measures for preventing and checking the spread of dangerous diseases. under clause (o), obstructions and projections in or upon public streets and other public places have to be removed. section 63 ..... more profound.' 'some aspects of inequality in rural india : a sociological perspective published in 'equality and inequality, theory and practice' edited by andre beteille, 1983.51. normally, we would have directed the municipal commissioner to afford an opportunity to the petitioners to show why the encroachments committed by them on .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC1416; (1985)87BOMLR563; (1985)3CompLJ45(SC); [1985(51)FLR362]; (1985)IILLJ206SC; 1985(2)SCALE133; (1985)3SCC398; [1985]Supp2SCR131; 1985(2)SLJ145(SC)
D.P. Madon, J.1. The above Appeals by Special Leave granted by this Court and the above Writ Petitions filed either in this Court under Article 32 of the Constitution of India or in different High Courts under Article 226 and transferred to this Court raise a substantial question of law as to the interpretation of Articles 309, 310 and 311 of the Constitution and in particular of what is now, after the amendment of Clause (2) of Article 311 by the Constitution (Forty-second Amendment) Act, 1976, the second proviso to that clause.The Genesis of the Appeals and Writ Petitions2. To understand what questions fall for determination by this Court in these Appeals and Writ Petitions, it is first necessary to sketch briefly how they have come to be heard by this Constitution Bench.3. Article 311 of the Constitution confers certain safeguards upon persons employed in civil capacities under the Union of India or a State. The first safeguard (which is given by Clause (1) of Article 311) is that s...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1986SC1370; [1986]59CompCas548(SC); (1986)1CompLJ91(SC); 1986(8)ECC189; 1985(2)SCALE1289; (1986)1SCC264; [1985]Supp3SCR909
ORDER TO ENABLE THE GOVERNMENT TO TAKE DECISION(.)The Importance of 2nd May, 1983 so frequently mentioned in the telex message is apparently because 2nd May, 1983 was fixed as the cut-off dale for the introduction of the ceiling of 5 per cent in shares of Indian companies by to foreign investors of Indian origin by the Circular No. I/, dated May 16, 1983 issued by the Reserve Bank of India.41. In the meanwhile, on 31.5.83, Punjab National Bank wrote to Escorts Limited incoming them that the thirteen overseas companies had been, making investments in sharer i Escorts Limited in terms, of the scheme for investment by overseas corporate bodies predominantly owned by non-residents of Indian nationality/origin to an extent to extent 60 per cent and that the thirteen overseas had designated them as their banker and M/s. Raja Ram Bhasin & Co. had been designated as the brokers for the purpose of investment. The brokers had advised the bank that up to 28th April, 83, 75,000 equity shares of Es...
Tag this Judgment!Court : US Supreme Court
Nix v. Whiteside - 475 U.S. 157 (1986) U.S. Supreme Court Nix v. Whiteside, 475 U.S. 157 (1986) Nix v. Whiteside No. 84-1321 Argued November 5, 1985 Decided February 26, 1986 475 U.S. 157 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus In preparing for his Iowa state court trial on a murder charge, respondent consistently told his attorney that, although he had not actually seen a gun in the victim's hand when he stabbed the victim, he was convinced that the victim had a gun. Respondent's companions who were present during the stabbing told counsel that they had not seen a gun, and no gun was found. Counsel advised respondent that the existence of a gun was not necessary to establish a claim of self-defense, and that only a reasonable belief that the victim had a gun nearby was necessary, even though no gun was actually present. However, during preparation for direct examination shortly before trial, respondent for the first time told counse...
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Cal. Coastal Comm'n v. Granite Rock Co. - 480 U.S. 572 (1987) U.S. Supreme Court Cal. Coastal Comm'n v. Granite Rock Co., 480 U.S. 572 (1987) California Coastal Comm'n v. Granite Rock Co. No. 86-1200 Argued December 2, 1986 Decided March 24, 1987 480 U.S. 572 APPEAL FROM THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus The Mining Act of 1872 authorizes a private citizen to enter federal lands to explore for mineral deposits, to perfect a mining claim, and to secure a patent to the land by complying with the requirements of the Act and regulations promulgated thereunder. Appellee Granite Rock Co. holds unpatented mining claims on federally owned lands in a national forest located in California. In accordance with federal regulations, Granite Rock obtained approval from the Forest Service in 1981 of its 6-year plan for mining limestone on the lands, and began to mine shortly thereafter. In 1983, the California Coastal Commission (Commission), acting pursuant ...
Tag this Judgment!Court : US Supreme Court
Morrison v. Olson - 487 U.S. 654 (1988) U.S. Supreme Court Morrison v. Olson, 487 U.S. 654 (1988) Morrison v. Olson No. 87-1279 Argued April 26, 1988 Decided June 29, 1988 487 U.S. 654 APPEAL FROM THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Syllabus This case presents the question of the constitutionality of the independent counsel provisions of the Ethics in Government Act of 1978 (Act). It arose when the House Judiciary Committee began an investigation into the Justice Department's role in a controversy between the House and the Environmental Protection Agency (EPA) with regard to the Agency's limited production of certain documents that had been subpoenaed during an earlier House Investigation. The Judiciary Committee's Report suggested that an official of the Attorney General's Office (appellee Olson) had given false testimony during the earlier EPA investigation, and that two other officials of that Office (appellees Schmults and Dinkins) ha...
Tag this Judgment!Court : Supreme Court of India
Reported in : [1991(61)FLR73]; JT1990(2)SC490; (1990)IILLJ70SC; 1990(1)SCALE878; (1990)3SCC682; [1990]3SCR111; 1990(2)LC293(SC); (1990)3UPLBEC2119
..... of october, 1953. besides introducing the definitions of 'lay-off [clause 2(kkk)] and 'retrenchment [clause 2(oo)] this amendment act of 1953 also inserted chapter va in the act which dealt with 'lay-off and 'retrenchment'. that chapter contained sections 25a to 25j. section 25a provided that sections ..... depart from a previous decision where it is right to do so and where adherence to a previous decision may lead to injustice in a particular case. constitutional and administrative law are not fields where it is of particular importance to adhere to precedent. a recent precedent may be more readily departed from that one which is of ..... house as normally binding, to depart from a previous decision when it appears right to do so.in this connection they will bear in mind the danger of disturbing retrospectively the basis on which contracts, settlements of property and fiscal arrangments have been entered into and also the special need for certainty as to the ..... to this court.c.a.no. 1866 of 19829. the workman respondent no. 2 reported for artisan training on 25.9.1963 and was absorbed as artisan trainee on 16.3.1964. he was made a skilled machine operator, under the appellant company and was discharged with effect from 23.7 ..... l.p. (c) no.3149 of 1983]7. the services of the workman sri parlay singh, driver respondent no. 3 were terminated with effect from 18.10.1974 under clause 9(a)(i) of the drta (conditions of appointment and service) regulations, 1952. as the conciliation efforts failed .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1990SC1782; JT1990(3)SC174; (1991)ILLJ191SC; 1990(2)SCALE44; (1990)4SCC207; [1990]3SCR352; (1990)2UPLBEC1257
..... no. 5973/88 of the government in the case of union of india v. ghansham das and ors. against the judgment of the central administrative tribunal, bombay. the tribunal had held the same notifications as were impugned herein to be discriminatory and had directed that a ..... retirement benefits and consequently enhancement in pensionary benefits, the date for giving option was further extended by 28.2.1983 only for these employees who were in service on 31.8.1982 and who quitted/retired on or after tha ..... may decide the same as they deem fit.56. in the report of the fourth central pay commission, in chapter 9 the commission has discussed the state railway provident fund scheme including contributory provident fund scheme ..... 's duty to spell out with difficulty a ratio decidendi in order to bound by it, and it is always dangerous to take one or two observations out of a long judgment and treat them as if they gave the ratio ..... as under.government of india/bharat sarkar ministry of railways/rail mantralaya (railway board)machine no. pc-iv/87/13/881no. pc-iv/87/imp. pw ..... the unconstitutional part it is declared that all pensioners governed by the 1972 rules and army pension regulations shall be entitled to pension as computed under the liberalised pension scheme from the specified date, irrespective of ..... to be raised from rs. 675 per month to rs. 1,000 per month. before the government acted upon it, the third central pay commission did not examine the question of relief to pensioners because .....
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