Court : Gujarat
Decided on : Mar-17-1997
Reported in : 1997CriLJ2896; (1997)2GLR38
K.J. Vaidya, J.1. This is quite an extraordinary case depicting the story of 'Diya or Toofan' where the 'burning torch of the 'Rule of Law' to quite some large extent has been caught surrounded by the stormy cyclonic winds of gross misconduct, indiscipline and abuse of power demonstrating the 'Rule of utter Lawlessness' by some top Government officials dangerously, blowing across the public administration violating, nay rooting out the law at their sweet will, whims and caprice suiting to their selfish exigencies and expendiencies helping out the accused releasing them from the clutches of law !! Now, taking into consideration the startling fact that in some serious cases wherein after the sanction was granted, the corruption cases against some influential public servants came to be withdrawn at the instance of the Home Department in the name of State, leaves no manner of doubt that to the said extent the torch of 'Rule of Law' stands extinguished in the State of Gujarat!! This is simp...
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-21-1997
Reported in : JT1997(4)SC251; 1997(3)SCALE289; (1997)5SCC201; [1997]3SCR269; (1997)2UPLBEC1417
K. Ramaswamy, J.1. Leave granted.2. This appeal by special leave arises from the judgment dated 4th August, 1983 of the Allahabad High Court, Lucknow Bench, in Write Petition No. 3088 of 1993. The writ petition also arises from the same facts but is filed by different set of officers challenging the promotion of respondents 2 to 10 (in the writ petition) the 2nd respondent (in the civil appeal) to the post of Superintending Engineers, (Civil), Chief Engineer, Level-II (Civil), Chief Engineer Level-I and Engineer in-Chief in Public Works Department of the Government of Uttar Pradesh. The petitioners seek a writ of mandamus to restrain the first respondent from giving effect to the promotions given to Respondent Nos. 2 to 10. They also seek writ of certiorari to quash the orders dated March 12,1981 appointing the second respondent as Superintending Engineer on ad hoc basis and on regular basis w.e.f. April 10, 1991 as temporary Chief Engineer by order dated November 7, 1994 and orders pr...
Tag this Judgment!Court : Karnataka
Decided on : Sep-08-1997
Reported in : 1999(4)KarLJ572
..... , indirect and covert it shall be described as a colourable legislation. legalism has to yield when spacious issues arise. where the administration or the legislature is found to be sliding back from the progressive constitutional values to protect the private interest,then the court is required to ..... chapter x provides the penalties for offences besides authorising the making of rules and bye-laws. 6. in this context it would be relevant to note down the impugned act. the act which received the assent of the governor on 14-3-1996 was published in the karnataka gazette, extraordinary, on the same day, provides: '1. short title and commencement.--(1) this act may be called the bangalore city planning area zonal regulations (amendment and validation) act, 1996. (2) it shall come into force at once. 2. amendment of zonal regulations ..... gathered through the fact finding committee and study teams set up by the union government, the negotiations failed. in 1983 writ petition no. 13347 of 1993 was filed in the supreme court which was decided on 4-5-1990 vide ..... court. the interest of large number of allottees of the flat which is now in danger has also to be borne in mind. in the circumstances, it is considered necessary to amend retrospectively the zonal regulations appended to the outline development plan of the bangalore city planning ..... officer, government of andhra pradesh v hindustan machine tools limited, i.n. saksena v state of madhya pradesh, and misri lal jain v .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Dec-22-1997
Reported in : AIR1998J& K60
ORDERT.S. Doabia, J. 1. The psyche of a person in possession over public land is the same all over the country. The city of Jammu can be no exception. The psyche is to perpetuate possession as long as possible. A person in possession of some areas abutting on a public street makes an all out effort to occupy as much area as possible of that portion which is part of public street. First an over head projection is built. Then there is an aggressive effort to occupy the land under the projection. The goods meant for sale arc displayed on pavement leaving no space for a pedestrian to move on pavements. The situation in this petition is not different. 2. The facts in brief are as under :-- The petitioner submits that he is engaged in the business of steel works. Hardware Store and Welding fabrication in an establishment said to be situated at Jewal Chowk/B. C. Road, Jammu. Eleven rooms as per the petitioner stand constructed. The covered area is said to be 2747 square feet. This is comprise...
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-09-1997
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 : Karnataka
Decided on : Sep-04-1997
Reported in : 1999(1)ALD(Cri)148; ILR1998KAR2885; 1998(2)KarLJ716
ORDER1. By this petition under Article 226 of the Constitution, the petitioner who is an Advocate of this Court and who being public spirited, always raised voice against the acts of insult or acts having tendency to insult or disgrace the things of National importance, such as National Flag, National Anthem, or the Institutions like Court i.e., judiciary or Judicature established under the Constitution, is seeking direction of the Court for deletion of such things which have tendency to degrade or disgrace things of National importance, dignity of the Court or dignity of women or the like and has prayed for issuance of writ or direction in the nature of prohibition or writ of mandamus prohibiting or directing the respondents not to exhibit as well directing them to remove the scenes which have tendency of degrading the status of National Flag and National Anthem or of judicial system or the dignity of woman, which according to the petitioner have been shown in the film Jackie Chan. He...
Tag this Judgment!Court : Mumbai
Decided on : Jun-20-1997
Reported in : 1998(2)BomCR87
ORDERS.N. Variava, J.1. All these petitions can be disposed off by this common judgment. Facts are by and large common. On behalf of the petitioners, Mr. Zaiwalla and Mr. Chinoy have argued. All the other Advocates have adopted the arguments of these two Counsel.2. All these petitions challenge the vires of the Goa, Daman and Diu Mining Concessions (Abolition and Declaration as Mining Leases) Act, 1987 (hereinafter for the sake of convenience called the said Impugned Act). Facts briefly stated are as follows:3. The then Portuguese Government granted various concessions under Decrees dt. 20th September 1906. These were governed by the Portuguese Colonial Mining Laws. The then existing position is very succinctly set out by the Supreme Court in the case of Vinodkumar Shantilal Gosalia v. Gangadhar Narsingdas Agarwal : [1982]1SCR392 . The relevant portion reads as follows:'3. During the Portuguese rule, matters relating to grant, transfer and vesting of mining rights in Goa, Daman and Diu...
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-11-1997
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
Decided on : Nov-27-1997
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 : Karnataka
Decided on : Sep-29-1997
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(...
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