Court : Supreme Court of India
Decided on : Feb-17-2000
Reported in : AIR2000SC1250; 2000(2)ALT19(SC); JT2000(2)SC453; (2000)IIMLJ112(SC); 2000(2)SCALE117; (2000)3SCC548; [2000]1SCR1031
ORDER1. This is an appeal preferred against the judgment dated 15-11-88 of the High Court of Madras in LPA No. 4/1983. The appellants in the LPA before the High Court were Sri. Y. R. Natarajan & Sri D. Srinivasan. The 1st respondent in the LPA was the Commissioner, Hindu Religious Endowments, Madras, the 2nd respondent, one E. Venkatasubbaiah and the 3rd respondent D. Adiseshayya. The 2nd and 3rd respondents were shown in the LPA as persons who died, and no legal representatives were brought on record. It also appears that the 2nd appellant D. Srinivasan was brought on record during the pendency of the first appeal before the learned Single Judge, In C.M.P. No. 4112/1978 on 20-7-1979. The first appeal A.S. No. 379/78 was filed by the Commissioner of Endowments, who was the defendant in the suit, against E. Venkatasubbaih and D. Adiseshayya and Y. R. Natarajan. Learned single Judge allowed the appeal of the Commissioner and the respondents in the 1st appeal filed the LPA as mentioned ab...
Tag this Judgment!Court : Allahabad
Decided on : Jul-31-2000
Reported in : 2000(4)AWC3152
O.P. Garg, J.1. The order dated 13th July. 2000, passed by Sri K.K. Tyagi, Special Judge/Additional District and Sessions Judge, Mathura, directing the recounting of the votes on the application of, respondent No. 1 Smt. Imarta Saini in her Election Petition No. 66/95-96 has given rise to the present writ petition under Article 226 of the Constitution of India. 2. The wood-cut profile of the case is that the present writ petitioner Smt. Saroj was declared elected as Adhyaksh. Nagar Panchayat, Govardhan in district Mathura on 27th November. 1995. Smt. Imarta respondent No. 1 filed an election petition to challenge the election of the present petitioner primarily on the ground that the votes polled in favour of the election petitioner in respect of certain wards were illegally excluded from counting while the votes polled by certain other candidates were included for counting to declare the present petitioner Smt. Saroj as elected. It has been specifically pleaded in the election petitio...
Tag this Judgment!Court : Gujarat
Decided on : Nov-24-2000
Reported in : (2001)4GLR3048
D.M. Dharmadhikari, C.J.1. A common judgment, in this petition, and in group of petitions arising from Bhavnagar being Special Civil Applications Nos. 941 of 1980, 4210 of 1985, 2716 of 1998, 4153 of 1991, 4427 of 1992, 4733 of 1992 and 4847 of 1992, group of petitions arising from Surat being Special Civil Applications Nos. 8882 of 1999, 8885 of 1999, 6519 of 1998, 6461 of 1996 and a petition arising from Vadodara being Special Civil Application No. 3537 of 1998, is being passed.2. In this group of petitions arising from Bhavnagar, Surat and Vadodara, the petitioners in some of the cases, who are land owners, have claimed a declaration that the reservation of the lands belonging to them for educational purposes of University stand statutorily lapsed, entitling the land owners to use of those lands, for their benefit by development and construction, in accordance with other regulatory provisions of the Gujarat Town Planning and Urban Development Act, 1976 (for brevity, hereinafter refe...
Tag this Judgment!Court : Gujarat
Decided on : Sep-06-2000
Reported in : (2000)3GLR2505
B.C. Patel, J.1. Against the order made by the Auxilliary Chamber Judge ( Court No. 24), Ahmedabad on 8.7.98, this appeal is preferred by Ahmedabad Municipal Corporation (hereinafter to be referred to as 'the Corporation').2. Respondent (hereinafter referred as 'plaintiff') Vijay Owners' Association Non Trading Corporation filed a Civil Suit No. 4980/94 against the Corporation for urgent orders. Notice of Motion was filed by the plaintiff for temporary injunction restraining the Corporation from implementing decision dated 12.8.94 and also restraining the Corporation, its agents, servants and persons from demolishing the construction till the final disposal of the suit. The learned Auxilliary Chamber Judge made an order below exh. 6 on 8.7.98, directing the parties to maintain status quo. The original plaintiff was also directed to file an undertaking that it would not carry out any further construction work in the disputed property till disposal of the suit and subject to that, tempor...
Tag this Judgment!Court : Guwahati
Decided on : Nov-09-2000
J.N. Sarma, J. 1. This appeal has been filed by the defendant and it is against the judgment and decree dated November 20, 1998 passed by the learned Civil Judge. Sr. Division No. I Hailakandi in TS 44/92. 2. The respondents herein filed a suit before the learned Civil Judge with the following reliefs; i) declaring that the plaintiffs are eligible for and entitled to be promoted to the upper supervisory pay scale of Rs. 2150-3850/-p.m. of the 2-Tier clubbed posts with all requisite benefits as per the existing corporation rules from the existing lower supervisory pay scale of Rs. 2000-3440/-p.m. ii) declaring that the plaintiff's are entitled to get proper house rent, annual increments and leave benefits for the existing post of service with retrospective effects i.e. January 1, 1987 as other non-technical promotee supervisors of the Corporation on the same pay scale. iii) declaring that the non-submissions of the names of the eligible plaintiffs for due recommendation for promotion, ...
Tag this Judgment!Court : Gujarat
Decided on : May-09-2000
Reported in : (2001)1GLR48
R.K. Abichandani, J. 1. In these two petitions, the petitioner-companies against whom recovery is sought to be made of the dues said to have accrued into the Drug Prices Equalisation Account (D.P.E. Account) under Paragraph 17 read with Paragraph 7(2) of the Drugs (Prices Control) Order, 1979 (hereinafter referred to as 'the Control Order of 1979'), have challenged the validity of the provisions of Paragraph 7(l)(a) of the Control Order of 1979 as being ultra vires the provisions of the Essential Commodities Act, 1955 and Arts. 14, 19, 300A and 265 of the Constitution of India.2. In Special Civil Application No. 3032 of 1999, which has been argued as the lead matter, a declaration is sought that the notice dated 8-5-1985 and the revised demand notice dated 17-7-1997 purporting to make recovery under Paragraph 7(2)(a) read with Paragraph 17 of the Control Order of 1979 are without jurisdiction and illegal and that the respondents have no authority or jurisdiction to issue any notice or ...
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-01-2000
Reported in : AIR2000SC811; (2001)1CALLT18(SC); 2000(68)ECC1; 2000(119)ELT257(SC); (2001)1GLR1; JT2000(1)SC453; (2000)IIMLJ141(SC); 2000(1)SCALE369; (2000)2SCC536; [2000]1SCR518
D.P. Mohapatra, J. 1. Leave granted in S.L.P. (Civil) No. 16223/1985.2. The common question raised in all these cases relates to the applicability of Rules 10 and 10-A of the Central Excise Rules. The cases were heard together with the consent of learned Counsel for parties and they are being disposed of by this common judgment. For the sake of brevity the relevant facts are stated with reference to Civil Appeal No. 2132 of 1994.3. M/s. Kolhapur Sugar Mills Limited, a holding company, had been in the business of production of sugar at Kolhapur since the year 1933-34. The appellant M/s. Kolhapur Canesugar Works Ltd. was registered as a subsidiary of the said holding company in the year 1972. The holding company bifurcated their activities whereby the activity pertaining to manufacture and sale of sugar was transferred to the appellant company by a Resolution passed in their Extra-ordinary General Meeting held on 19th October, 1972. Consequent upon this change the appellant, on 9th Octob...
Tag this Judgment!Court : Allahabad
Decided on : Dec-20-2000
Reported in : 2001(1)AWC671; (2001)1UPLBEC741
ORDERV. M. Sahai, J.1. In this petition filed by a teacher appointed to short-term vacancy, one of the questions that arises for consideration is whatis the effect of rescission of the Uttar Pradesh Secondary Education Services Commission (Removal of Difficulties) (Second) Order, 1981 (in brief Second Order) by insertion of Section 33E in the Uttar Pradesh Secondary Education Services Selection Boards Act, 1982 (in brief the Act).2. Maharshi Durbasa Inter College, Kakara Dubawal, Allahabad (in brief institution) is a recognised and aided institution. Sri Yaduraj Singh an Assistant Teacher L.T. grade took medical leave from 1.1.1998 to 30.6.1998. The management on 1.1.1998 intimated the District Inspector of Schools (in brief D.I.O.S.) to fill the short-term vacancy. This letter does not appear to have been received by the D.I.O.S. The management notified the vacancy on 7.1.1998 on the notice board and on the same day advertisement was published in newspaper 'Dainik Jagran'. The petitio...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Sep-21-2000
Reported in : 2002CriLJ2301
Lokeshwar Singh Panta, J.1. Accused jai Chand and Budhi Singh were prosecuted in Sessions Trial No. 18 of 1996 in the Court of Sessions Judge, Mandi for offences punishable under Sections 302/109 of the Indian Penal Code and Section 25 of the Arms Act for the murder of Smt. Seema Devi wife of accused Jai Chand. By the impugned order, the learned Sessions Judge has sentenced accused Jai Chand for life and to pay a fine of Rs. 2000/- under Section 302, IPC and in default of payment of fine to suffer rigorous imprisonment for six months. Under Section 25 of the Arms Act, 1959, he was sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 500/- and in default of payment of fine, to undergo rigorous imprisonment for two months. Accused Budhi Singh has been sentenced to undergo imprisonment for life and to pay a fine of Rs. 2000/- for the offence punishable under Section 109 read with Section 302 of the Indian Penal Code and in default of payment of fine, to underg...
Tag this Judgment!Court : Patna
Decided on : Jul-11-2000
M.Y. Eqbal, J.1. A division Bench of this Court, while hearing the instant appeal, doubted the correctness of the Full Bench judgment of this Court in the case of Krishna Bhagwan v. State of Bihar (1991) 1 BLJR 321, referred the matter to a larger Bench to consider the correctness of the judgment of the Full Bench in view of the law laid down by the Supreme Court in the case of Gopinath Ghosh v. State of West Bengal : 1984CriLJ168 . The Division Bench of this Court is of the view that although in Krishna Bhagwan case (supra), the Full Bench relied upon the decision of the Supreme Court in Gopinath Ghosh case but it has omitted to consider paragraph 11 of the judgment of the Supreme Court. This is how the matter has been placed before us for answering the reference.2. In the instant case, two appellants have been convicted under Sections 302/34, I.P.C. and sentenced to imprisonment for life. Appellant No. 1, Gopal Nag is the son of appellant No. 2, Lai Mohan Nag. It was argued before t...
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