Court : Supreme Court of India
Decided on : Dec-10-1982
Reported in : AIR1983SC75; [1983]53CompCas184(SC); (1983)1CompLJ1(SC); (1983)ILLJ45SC; (1983)IIMLJ1(SC); 1982(2)SCALE1144; (1983)1SCC228; [1983]1SCR922
P.N. Bhagwati, J.1. There three appeals by special leave raise a short but interesting question of law relating to the right of workmen employed in a company to appear and oppose a petition for winding up of the company. The controversy between the parties arises out of a petition for winding up a private limited company called Ramakrishna Industries (P) Limited (hereinafter referred to as a company). The Company has three units, one a textile mill in the name of Jotie Mills which employs about 500 workmen, another, a workshop for manufacture of textile and other machinery which employs about 400 workmen and the third a printing press which brings out a Tamil daily, called 'Nav India' and employs about 100 workmen. It is a closed company in which there are two groups of shareholders, one group consisting of respondent Nos. 1 to 5 and the other consisting of respondent Nos. 7 to 14. Respondent Nos. 1 to 5 hold 608 shares and respondent Nos. 7 to 14 687 shares while the remaining 300 sha...
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-25-1982
Reported in : AIR1982SC1413; 1983CriLJ647; 1982(1)SCALE676; (1982)3SCC140; [1983]1SCR393; 1982(2)SLJ582(SC); 1982(14)LC695(SC)
D.A. Desai, J.1. Validity and legality of an order made against each petitioner convening General Court Martial to try each petitioner in respect of the charges framed against each of them is questioned on diverse grounds but principally the composition in each of these petitions under Article 32 of the Constitution. In Writ Petition No. 4903/81 the petitioner has also challenged the constitutional validity of Rules 22, 23, 25 and 40 of the Army Rules, 1954 ('rules' for short) as being violative of the fundamental rights of the petitioner guaranteed under Articles 14 and 21 of the Constitution. As certain contentions were common to all the three petitions they were heard together and are being disposed of by this common judgment. Facts alleged on which legal formulations were founded may be briefly set out in respect of each petitioner.Re Writ Petition No. 4903/81 :Petitioner Lt. Col. Prithipal Singh Bedi was granted permanent regular commission in the Regiment of Artillery in 1958 and...
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-18-1982
Reported in : AIR1982SC1473; 1982(0)BLJR401; (1982)IILLJ454SC; 1982(1)SCALE818; (1982)3SCC235; [1983]1SCR456; 1982(14)LC657(SC)
P.N. Bhagwatil, J.1. This is a writ petition brought by way of public interest litigation in order to ensure observance of the provisions of various labour laws in relation to workmen employed in the construction work of various projects connected with the Asian Games. The matter was brought to the attention of the Court by the 1st petitioner which is an organisation formed for the purpose of protecting democratic rights by means of a letter addressed to one of us (Bhagwati, J). The letter was based on a report made by a team of three social scientists who were commissioned by the 1st petitioner for the purpose of investigating and inquiring into the conditions under which the workmen engaged in the various Asiad Projects were working. Since the letter addressed by the 1st petitioner was based on the report made by three social scientists after personal investigation and study, it was treated as a writ petition on the judicial side and notice was issued upon it inter alia to the Union ...
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-25-1982
Rendell-Baker v. Kohn - 457 U.S. 830 (1982) U.S. Supreme Court Rendell-Baker v. Kohn, 457 U.S. 830 (1982) Rendell-Baker v. Kohn No. 80-2102 Argued April 19, 1982 Decided June 25, 1982 457 U.S. 830 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT Syllabus Respondent school is a privately operated school for maladjusted high school students. In recent years, nearly all of the students have been referred to the school by city school committees under a Massachusetts statute or by a state agency. When the students are referred to the school by the city committees, these cities pay for the students' education. The school also receives funds from a number of state and federal agencies. Public funds have recently accounted for at least 90% of the school's operating budget. To be eligible for tuition funding under the state statute, the school must comply with a variety of state regulations, but these regulations impose few specific personnel requirements. Simi...
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-25-1982
Island Trees Sch. Dist. v. Pico by Pico - 457 U.S. 853 (1982) U.S. Supreme Court Island Trees Sch. Dist. v. Pico by Pico, 457 U.S. 853 (1982) Board of Education, Island Trees Union Free School District No. 26 v. Pico by Pico No. 80-2043 Argued March 2, 1982 Decided June 25, 1982 457 U.S. 853 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus Petitioner Board of Education, rejecting recommendations of a committee of parents and school staff that it had appointed, ordered that certain books, which the Board characterized as "anti-American, anti-Christian, anti-Sem[i]tic, and just plain filthy," be removed from high school and junior high school libraries. Respondent students then brought this action for declaratory and injunctive relief under 42 U.S.C. 1983 against the Board and petitioner Board members, alleging that the Board's actions had denied respondents their rights under the First Amendment. The District Court granted summary judgment i...
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-30-1982
Washington v. Seattle Sch. Dist. No. 1 - 458 U.S. 457 (1982) U.S. Supreme Court Washington v. Seattle Sch. Dist. No. 1, 458 U.S. 457 (1982) Washington v. Seattle School District No. 1 No. 81-9 Argued March 22, 1982 Decided June 30, 1982 458 U.S. 457 APPEAL FROM THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus In 1978, appellee Seattle School District No. 1 (District) enacted the so-called Seattle Plan for desegregation of its schools. The plan makes extensive use of mandatory busing. Subsequently, a statewide initiative (Initiative 350) was drafted to terminate the use of mandatory busing for purposes of racial integration in the public schools of the State of Washington. The initiative prohibits school boards from requiring any student to attend a school other than the one geographically nearest or next nearest to his home. It sets out a number of broad exceptions to this requirement, however: a student may be assigned beyond his neighborhood school if he ...
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