Court : Andhra Pradesh
Decided on : Sep-05-1986
Reported in : AIR1987AP53
Jeevan Reddy, J.1. Ever since 1963 when the Supreme Court rendered the decision in what has come to be popularly known as 'Balaji's Case' : AIR1963SC649 which is referred to as locus Classicus of learning on Backward Classes, volumes have been written on the question of reservation in educational institutions and services in favour of Backward Classes. High learning has flown into the views expressed by the Supreme Court in a number of judgments rendered subsequently on the subject. Even so, the problems arising in this regard still defy solution. It is unfortunate that developments over a quarter of a century have not given a quietus to this problem. It is well to refer to the following observations of Venkataramiah J., in K. C. Vasanthkumar v. State of Karnataka : AIR1985SC1495 'The questions involved in these cases are delicate ones and have, therefore, to be tackled with great caution. The issues raised here and the decision rendered on them are bound to have a great impact on soci...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Feb-19-1986
Reported in : AIR1986AP209
ORDER1. An interesting interaction between the statute and the constitutional law the former attempting to entrench into the latter's ambit and the latter to elbow it out is the crux of the controversy and which of it would succeed is the area of consideration.2. This is a writ petition to quash the proceedings of the Principal, Kurnool Medical College, dated August 28, 1985, by Certiorari and Mandamus to direct the Director, Backward Class Welfare, the second respondent, to forthwith certify the petitioner's social status as Backward Class Group 'D' by virtue of her adoption to B. Sivaramaiah, a Shepard by caste, for her admission into the First Year M.B.B.S. Course for the year 1985-86.3. The petitioner, A.S. Sailaja is the daughter of A.S. Radhakrishna, an advocate of Cuddapah in Andhra Pradesh. She was born on February 21, 1967, brought up and was educated by her natural father till March 16, 1985 and she passed her Intermediate in March 1984 with English as medium of instruction. ...
Tag this Judgment!Court : Mumbai
Decided on : Jan-31-1986
Reported in : AIR1986Bom321
ORDERPendse, J.1. This petition involves an important question relating to Constitutional validity of Sections 21 and 22 read with Section 2(r) of the Monopolies and Restrictive Trade Practices Act, 1969 (hereinafter referred to as the 'Act')--in its application to an Undertaking connected with the publication of Newspaper. The petitioners challenge the validity of these provisions on the ground of violation of fundamental rights conferred under Article 19(1)(a) of the Constitution of India.The petitioner No. 1 is a joint stock company governed by the provisions of the Companies Act, 1956 and has its registered office at The Times of India Building, Bombay, while respondent No. 2 is a shareholder and Executive Director of petitioner No. 1. The 'Times of India' is published by petitioner No. 1 from New Delhi, Bombay and Ahmedabad and Hindi Newspaper 'Nav Bharat Times' is published from New Delhi and Bombay. Jansevak Karyalaya Limited of 8 Camac Street, Calcutta (hereinafter referred to ...
Tag this Judgment!Court : Karnataka
Decided on : Feb-21-1986
Reported in : ILR1986KAR3831; [1987]64STC208(Kar)
ORDERM.N. Venkatachaliah, J.1. By these writ petitions under article 226 of the Constitution of India, petitioners, who are traders and industrial manufacturers, challenge the validity of the Karnataka Tax on Entry of Goods into Local Areas for Consumption, Use or Sale Therein Act, 1979 ('principal Act'). The principal Act received the assent of the President on 17th May, 1979. It was published in the Gazette on 1st June, 1979. The legislation is a taxing measure referable to entry 52 of List II and envisages an impost of the nature of an entry tax, intended to raise finances substituting the old octroi till then being levied by the various local authorities and the municipal bodies in the State. There was earlier a large batch of writ petitions challenging the principal Act which ultimately went upto the Supreme Court. The legislative history; the nature and incidents of the impost and the constitutional validity of the charging section were considered by the Supreme Court in State of...
Tag this Judgment!Court : Delhi
Decided on : Mar-04-1986
Reported in : [1987]61CompCas153(Delhi); [1987(54)FLR261]; (1986)IILLJ354Del
H.L. Anand, J. 1. This petition article 226 of the Constitution by a former general manager of the U.K. branches of a nationalised bank, concurrently in-charge of its European operations, assails the purported termination of his service by the Bank on the ground of 'loss of confidence' in him, as a sequel to and as part of a shake up in the higher echelons of the Bank in the wake of the largest bankruptcy of an Asian business house in the U. K., and failure of certain other accounts, allegedly exposing the Bank to the risk of loss of millions of pounds, and raises some interesting, as indeed, difficult questions of law, in relation to service in public sector, as indeed, interaction between the principles of industrial jurisprudence and administrative law following recent constitutional developments in the treatment of public sector undertaking as instrumentalities of the State under article 12 of the Constitution. Some of the questions that the petition raises are perhaps not appropri...
Tag this Judgment!Court : Gujarat
Decided on : Apr-23-1986
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 : Allahabad
Decided on : Mar-25-1986
Reported in : AIR1987All56
R.M. Sahai, J.1. Renewal of Nazul land leases of Civil Lines, Allahabad, sprawled over an area of approximately 662 acres, one of the poshest localities of the town, renowned for its quiet serenity, famous for its, till recently, sophisticated looking marketing centre, inhabited by Judges, Lawyers, doctors, educationists, journalists, businessmen and now by a neo-rich class as well with no ostensible means but affluent and powerful, least but no less important out-house dwellers with no right or title but vote bank, has been eluding solution for more than two decades now. If the first phase beginning from March, 1959, when government issued order laying down conditions for renewal of leases, came to an end in April, 1965 when government directed the District Magistrate to renew leases of those who complied with modified conditions was marked with representations and objections by lease-holders' Association to what appeared to them to be unreasonable restrictions on right of alienation ...
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on : Jul-30-1986
Reported in : (1987)(10)LC443Tri(Mum.)bai
..... . item 89 of list 8 reads : "all components, of machines tools, machinery, equipment, instruments and other engineering item (including consumable durables) covered under ogl excluding electronic components".41. the expression "capital goods" is defined in paragraph,5(8) of chapter 2. 'capital goods' means any plant machineries, equipment, or ..... issued in this behalf by the central government. he submitted that the appellants had to obtain a licence in view of this amendment in the notification but at the relevant time the industries (development & regulation) act, 1951 was not applicable to the appellants in view of the exemption to the small scale units and reliance therefore by the technical member on the said was not correct. he also attempted to argue ..... thereof. i am in full agreement with shri pal's submission in this behalf as a statutory interpretation would prevail over an administrative advice of the dgtd in their letter dated 7-10-1983. it is proper to accept the goods as tractors in unassembled condition minus certain parts which were to be procured locally, but which would ..... and it is not permissible to go behind it merely because the customs authorities feel that the contents of the certificate were disproved by some other material. there is a great danger in accepting the submission of the department that the authorities can brush aside the certificate and determine whether the assessee is entitled to exemption or not. in case this principle is accepted then it would .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-17-1986
Reported in : 1987(1)WLN304
Panna Chand Jain, J.1. These writ petitions involve common questions of law and almost identical facts and, as such, are being disposed of by this common order.2. For deciding these three writ petitions I shall take into consideration the facts of S.B. Civil Writ Petition No. 1638, Yadu Raj Singh v. The State Raj. and Ors. The controversy lies in a narrow compass and may be stated thus: The petitioner is a holder of one non-temporary stage carriage permit on Bharatpur-Dholpur via Sapau route bearing No. RTA/85/5183 valid upto 11th March, 1990, in respect of Vehicle No. RSD 2551. The petitioner, Beni Singh, in S.B. Civil Writ Petition No. 1640/1986, is a holder of one non-temporary stage carriage permit on Bharatpur-Basedi via Ghana, Malah. Sewar, Uchhain, Kheriamod, Rundhawal, Bandbaretha route in respect of Vehicle No. RSD 3729, and the permit of the petitioner in that case is valid upto 20th March, 1987. Petitioner Daudayal in S.B. Civil Writ Petition No. 1641/1986 is also holding on...
Tag this Judgment!Court : US Supreme Court
Decided on : Feb-26-1986
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...
Tag this Judgment!