Court : Supreme Court of India
Reported in : AIR1997SC2631; JT1997(5)SC337; 1997(4)SCALE181; (1997)6SCC339; [1997]3SCR1131; 1997(2)LC152(SC)
ORDERK. Ramaswamy, J.1. This is an appeal by certificate granted by the Bombay High Court, Nagpur Bench on July 11, 1996 in Writ Petition No. 3095 of 1995 certifying that it is a fit case to file appeal against the judgment dated April 26, 1996 passed by that Division Bench.2. The admitted facts are that the first respondent was working as a Probationer Civil Judge, Junior Division and Judicial Magistrate, First Class at Pathri in District Parbani, Maharashtra between December 12, 1990 and March 5, 1991. He was charged with the imputation that he had demanded illegal gratification from an Advocate, Ashok S. Kharkar of the District Bar for deciding in his favour an injunction application filed by the plaintiff in R.C.S. No. 150/90 titled Uttam Depale v. Sardarkhan Hasankhan and thereby he indulged in corrupt practice which amounted to gross misconduct. It was further alleged that he did not pass orders in the said injunction application; manipulated the judicial records by getting the r...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC3021; 1997(2)ALD(Cri)199; 1998(3)ALLMR(SC)433; 1997(2)Crimes40(SC); JT1997(6)SC305; 1997(4)SCALE657; (1997)8SCC114; [1997]Supp2SCR105
ORDER1. 'Frailty, thy name is woman', was the ignominy heaped upon women of Victorian Era by William Shakespeare in his great work 'Hamlet'. The history of sociology has, however, established the contrary, i.e., 'fortitude', thy name is woman; 'caress', thy name is woman; 'self-sacrifice', thy name is woman; tenacity and successful pursuit, their apathetical is women. Indira Gandhi, Margaret Thatcher, Srimovo Bhandarnaike and Golda Meir are few illustrious women having proved successful in democratic governance of the respective democratic States. Amids(sic) them, still, a class of women is trapped as victims of circumstances, unfounded social sanctions, handicaps and coercive forms in the flesh trade, optimised as 'prostitutes', (for short, 'fallen women'). Seeking their redemptions, a few enlightened segments are tapping the doors of this Court under Article 32 of the Constitution, through a public spirited advocate, Gaurav Jain who filed, on their behalf, the main writ petitions cla...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC3127; JT1997(6)SC637; 1997(5)SCALE90; (1997)8SCC522; [1997]Supp2SCR507
K. RAMASWAMY, J. (dissenting) 1. Application/s for impleadment allowed. 2. These appeals and transfer cases are wrapped up of complex facts interwoven with diverse principles in service jurisprudence, compounded by legislative intervention impinging upon judicial review by enacting Act 20 of 1995 to regulate the conditions of service of persons appointed to the Haryana Service of Engineers, Class I, Public Works Department Buildings and Roads Branch, Public Health Branch and Irrigation Branch respectively. The said Act 20 of 1995 (for short the Act) came into force with effect from 13-11-1995. It amended and repealed the Haryana Service of Engineers, Class I, PWD (Buildings and Roads Branch), (Public Health Branch) and (Irrigation Branch) Rules, Irrigation Branch by Ordinance 6 of 1995. The latter repealed the Punjab Service of Engineers, Class I, PWD (Buildings and Roads Branch), (Public Health Branch) Rules, 1960 and (Irrigation Branch) Rules, 1961 (sic 1964) issued under proviso to...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC3297; JT1997(6)SC449; 1997(4)SCALE746; (1997)8SCC191; [1997]Supp2SCR305
K. RAMASWAMY, J. 1. Leave granted. 2. These appeals are directed to resolve mutually inconsistent law adumbrated by two Division Benches of Andhra Pradesh High Court. The appeals arising from SLP (C) No.17080-81/95 are filed against the judgement passed on April 28, 1995 in Writ Petition Nos.9513/93 and 7725/94 in which the Division Bench has held that the Andhra Pradesh Scheduled Area Land Transfer Regulation (1 of 1959), as amended by Regulation II of 1970 (for short, the 'Regulation') and the Mining Act (67 of 1957) do not prohibit grant of mining leases of Government land in the scheduled area to the non-tribals. The Forest Conservation Act, 1980 (for short, the 'FC Act') does not apply to the renewals. The Andhra Pradesh Forest Act, 1967 also does not apply to the renewal of the leases. It, accordingly, dismissed the writ petitions filed by the appellant challenging the power of the Government to transfer the Government land si...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1998SC465; 1998(1)ALD(Cri)220; JT1997(9)SC431; 1997(7)SCALE741; (1998)2SCC109; [1997]Supp5SCR469
..... back.(g)aim low and short for effect.(h) keep light machine gun and medium gun in reserve.(i) cease firing immediately once ..... by a division bench of the said high court by judgment dated june 3, 1983. the high court has observed that in c.w.p. no. 834/80 [civil ..... t in view of the proviso to sub-section (2) of section 1 cr.p.c. the provisions of cr.p.c., other than those relating to chapters viii, x and xi thereof, are not ..... 2. definitions.- in this act, unless the context otherwise requires,-xxx xxx xxx(b) 'disturbed area' means an area which is for the time being declared by notification under section 3 to be a disturbed area; xxx xxx xxx3. power to declare areas to be disturbed areas,- if, in relation to any state or union territory to which this act extends, the governor of that state or the administrator of that union territory or the central government, in either case, is of the opinion that the whole or any part of such state or union territory, as the case may be, is in such a disturbed or dangerous ..... regulations for the army 1975, para iii,0002, a service commander who receives a request from the civil power for assistance in order to maintain peace and public order is under a duty at once to inform his immediate superior service authority and the ministry of defence, but if, in very exceptional circumstances, a grave and sudden emergency arises which, in the opinion of the commander present, demands his immediate intervention to protect life and property, he must act .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1998SC2120; 1997(1)ALD(Cri)157; 1998(1)ALD(Cri)762; 1997(1)BLJR263; 1998CriLJ2930; 1998(3)SCALE53; (1998)4SCC626; [1998]2SCR870
..... by widening their coverage and by strengthening the provisions.2. the prevention of corruption act, 1947, was amended in 1964 based on the recommendations of the santhanam committee. there are provisions in chapter ix of the indian penal code to deal with ..... ., concurring, said that the house of commons was not subject to the control of her majesty's courts in its administration of that part of the statute law which had relation to its own internal proceedings, and that the use ..... abuse might occur, but this possibility which he considered remote, had to be balanced against the potential danger flowing from either the absence of a bribery statute applicable to members of congress or holding that such a statute violated the constitution. as ..... legislature was competent to take proceedings against the judge in the exercise of its powers, privileges and immunities. the adjectival clause 'regulating the procedure of the legislature' in article 194(1) governed, it was held, both the preceding clauses relating to ..... rao do not lay down any different principle. on the other hand in sanjeev coke ., : [1983]1scr1000 , this court has laid down:-'no one may speak for the parliament and parliament is never before ..... voice or gesture or the aid of a machine, is treated as an extension of speech or a substitute for speech and is given the protection that the spoken word has. two comments need to be made in regard to the plain language of the first part of sub-article (2). first, what has protection is .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC2468; JT1999(5)SC42; 1999(5)SCALE155a; (1999)6SCC464; [1999]3SCR1066; (1999)3UPLBEC1818
ORDERTaken on board.The learned Counsel for the appellant seeks leave to withdraw the appeals and states that Mr. S.V. Deshpande who appears for the other side has no objection to the withdrawal. The appeals will, therefore, stand disposed of as withdrawn with no order as to costs, Sd...CJINew Delhi, Sd February 6, 1997 ...J.3. Mahapalika also cancelled the building plans. This action of the Mahapalika was subject matter of criticism by the appellant as to how a duly sanctioned plan could be revoked without any notice to the appellant. We may, at this stage, itself reproduce the relevant portion of the resolution dated August 6, 1996 of the Mahapalika for withdrawal of its appeals which is as under:The Lucknow Bench of Hon'ble High Court of Allahabad has declared the agreement dated 4.11.1993 executed between the Nagar Mahapalika, Lucknow and M.I. Builders, Karamat Market Lucknow in respect of construction of underground Palika Bazar and Multistoreyal parking on Jhandewala Park Aminaba...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2000SC1296; JT2000(3)SC221; 2000(2)SCALE415; (2000)4SCC640; [2000]2SCR299
S.B. Majmudar, J.1. (Majority view G. B. Pattanaik, U. C. Banerjee, JJ concurring). Leave granted in Special Leave Petition No. 16476 of 1993.2. Both these appeals, on grant of special leave under Article 136 of the Constitution of India, are moved by the State of Bihar, which is common appellant No. 1 in both these appeals. In Civil Appeal No. 9072 of 1996 the Secretary, Department of Personnel and Administrative Reforms. Government of Bihar is appellant No. 2, while in the companion appeal arising from the Special Leave Petition No. 16476 of 1993, the other contesting appellant is the Special Executive Officer-cum-Deputy Secretary, Bihar Public Service Commission, Patna. In both these appeals, a common question of law arises for consideration, namely, whether the Legislature of the State of Bihar was competent to enact the Bihar Reservation of Vacancies in Posts and Services (for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1991 (hereinafter referred to as 'the...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2000SC3425; JT2000(5)SC135; 2000(4)SCALE221; (2000)5SCC742; 2000(2)LC1317(SC); (2000)2UPLBEC1642
ORDERR.P. Sethi, J.1. Leave granted.2. Finding that the Judge Advocate was lower in rank to the accused facing trial before a General Court Martial (hereinafter referred to as 'GCM'), the Division Bench of the High Court set aside the order of the Trial Court and the entire Court Martial proceedings conducted against the respondent No. 1. The Bench, however, observed that the quashing of the proceedings of the GCM will not prevent the authorities concerned to initiate fresh court martial proceedings if they are so advised in accordance with law and also in the light of the judgment delivered. Feeling aggrieved by the aforesaid judgment the present appeal has been filed with a prayer for setting aside the impugned judgment and upholding the order of the GCM as well as the learned Single Judge.3. The relevant and almost admitted facts for determining the controversy in this appeal are that the first respondent joined the Indian Army as a Commissioned Officer in 1971 and was promoted to t...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2000SC3290; 2000(4)ALLMR(SC)862; [2000(87)FLR610]; 2000(6)SCALE586; (2000)8SCC167; [2000]Supp3SCR513
..... chapter dealing with safety, involve a good deal of technical knowledge and in the course of discharge of their duties and obligations the inspectors are expected to give proper advice and guidance so that there may be due compliance with the provisions of the act. it can well be said that on certain occasions factory owners are bound to receive a good deal of benefit by being saved from the consequences of the working of dangerous machines or employment of such processes as involve danger ..... which have come up in the state, the workload of the directorate of factories and the administrative department of the state government has increased manifold requiring expansion of their establishments ..... 1983]3scr843 a bench of three learned judges of this court considered the validity of the levy of market fee and the enhancement of its rate under the provisions of andhra pradesh (agricultural produce and livestock) market act ..... 2) where both the expressions are used indicating thereby that they are not the same. referring to the judgment in shannon v. lower mainland dairy products board (1938) ac 708 this court quoted with approval the observations that:if licenses are granted it appears to be no objection that fees should be charged in order either to defray the costs of administering the local regulation or to increase the general funds of the province or for both purposes... it cannot as their lordships think, be an objection to a license plus a fee that it is directed both to the regulation .....
Tag this Judgment!