Court : Supreme Court of India
Decided on : Aug-08-2006
Reported in : 2006(3)AWC2959(SC); [2006(111)FLR581]; (2007)2GLR1333; JT2006(7)SC362; (2006)IIILLJ767SC; 2006(7)SCALE603; (2006)6SCC548
..... . : (1997)illj569sc . it was contended that in any view of the matter, the labour court committed a manifest error in exceeding its jurisdiction under section 11a of the act as having regard to the facts and circumstances of this case it could not have interfered with the quantum of punishment.7. mr. ramesh p. bhatt ..... that as a senior he gives guidance. he, however, did not state that he was authorized to initiate any departmental proceedings against his subordinates.8. section 2(s) of the industrial disputes act defines ''workman' as under:workman' means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, ..... of the nature of duties performed by the respondent herein he does not fall within the definition of 'workman' as contained in section 2(s) of the industrial disputes act, 1947 (for short 'the act'). the labour court negatived the said contention of the appellant.4. in regard to the quantum of punishment, the labour court .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-08-2006
Reported in : AIR2006SC2814; 2006(3)AWC2944(SC); [2006(4)JCR67(SC)]; JT2006(7)SC514; 2006(7)SCALE579; (2006)6SCC718; 2006(2)LC1190(SC)
..... to be a permanent body, in the nature of a commission or tribunal, to which complaints of wrong inclusion or non-inclusion of groups, classes and sections in the lists of other backward classes can be made. such body must be empowered to examine complaints of the said nature and pass appropriate orders. ..... of jharkhand. the state of jharkhand had given 73% reservation for appointments in government services adopting the bihar (scheduled castes, scheduled tribes and backward classes) reservation act (bihar act no. 3 of 1992) with certain modifications vide notification no. 3465 of 2001 issued on 3.10.2001. similarly through notification no. 3884 of 2001 ..... at the touchstone of arbitrariness and that the present policy is discriminatory and arbitrary. as already noticed, the state of jharkhand has specifically adopted the bihar act and also issued notifications giving 73% reservation to four categories. this apart, the full bench had allowed the state government only the liberty to reduce the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-08-2006
Reported in : (SCSuppl)2006(4)CHN173; [2006(111)FLR221]; JT2006(7)SC379; 2006(7)SCALE645; (2006)6SCC666
Arijit Pasayat, J.1. Leave granted.2. Challenge in this appeal is to the judgment rendered by the Division Bench of the Calcutta High Court holding that the appellant's appointment as the Head of the Department was not legal and further that the appellant was required to satisfy the authority that he possessed the requisite qualification to be entitled to continue in the post of Professor on a regular basis. 3. Background facts in a nutshell are as follows:Respondent No. 1-Sudip Charan Chakraborty filed an Original Application before the West Bengal Administrative Tribunal (hereinafter referred to as the 'Tribunal'). Essentially, two challenges were made before the Tribunal by him. He prayed for appointment to the post of Professor and to set aside the appointment of Dr. Dilip Karmakar (who was respondent No. 9 before the Tribunal). By its judgment and order dated 18.12.2001 the Tribunal partly allowed the application setting aside the appointment of aforesaid Dr Dilip Karmakar, but fo...
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-14-2006
Reported in : AIR2006SC3037; 2006CriLJ3907; JT2006(7)SC392; 2006(8)SCALE27; (2006)11SCC304; 2006(2)LC1179(SC)
..... nature of plea of private defence required to be put forth and the degree of proof in support of it, thus:under section 105 of the indian evidence act, 1872, the burden of proof is on the accused, who sets off the plea of self-defence and, in the ..... of private defence. there is a clear distinction between the nature of burden that is cast on an accused under section 105 of the evidence act (read with section 96 to 106 of indian penal code) to establish a plea of private defence and the burden that is ..... of self defence. but the clean and uncontroverted evidence of pw-2 and the plausible explanation by the accused in his statement under section 313 tilt the balance. the court must be objective and examine the matter on the facts and circumstances of each case to ..... cast on the prosecution under section 101 of the evidence act to prove its case. the burden on the accused is not as onerous as that which lies on the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-17-2006
Reported in : JT2006(7)SC445; 2007(1)MhLj875; 2006(8)SCALE53; (2006)8SCC520
..... the present scenario. it was submitted that having regard to the reasonable approach of the legislature, it could not be contended that the provisions of section 3(1)(b) of the 1999 act were arbitrary and/or discriminatory and violative of article 14 of the constitution.17. mr. ramachandran submitted that the arguments now sought to be advanced ..... with the civil appeals, a separate writ petition, being no. 164/2003, had been filed by the central bank of india also challenging the vires of section 3(1)(b) of the 1999 act. appearing for the bank, ms. j.s. wad submitted that since the bank was a nationalized bank, whatever protection was made available to the government ..... down their business.6. another submission advanced on behalf of the appellants was that since the banks covered by clauses (i) (ii) and (iii) of section 3(1)(b) of the 1999 act, all come within the definition of 'state' within the meaning of article 12 of the constitution, by invoking the rule of ejusdem generis, the fourth .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-17-2006
Reported in : AIR2006SC3068; [2006]133CompCas236(SC); (2006)5CompLJ409(SC); 2006(8)SCALE101; (2006)7SCC382
..... illegal, on the ground that the meetings of the company held on 26th october, 1989 and 21st november, 1989 were without due compliance with the provisions of section 286 of the companies act. similar is the case as far as the issuance and allotment of 1960 shares in favour of shri tara chand agarwal and shri chandra prakash agarwal is ..... june, 1990, before the calcutta high court against the company, tara chand agarwal, smt. dankha devi agarwal, chandra prakash agarwal and others inter alia under sections 397 and 399 of the companies act. the same was admitted and an order of status quo was passed by the learned single judge on 18th june, 1990 and an additional interim order was ..... is dismissed. consequently, we are not convinced that any order is required to be passed as prayed for in the application filed on behalf of shri bhagirath agarwal under section 340, code of criminal procedure being i.a. no. 10/2006 and the same is also dismissed.let a copy of this order in so far as it relates .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-18-2006
Reported in : AIR2006SC3001; JT2006(8)SC185; 2006(8)SCALE199
..... is whether the land is acquired for development by the board or for any other purpose in furtherance of the objects of the act, as mentioned in sub-section (1) of section 28 of the act. in fact, if the contention raised by the learned senior counsel for the appellants is accepted, it would mean that even ..... the land can be acquired for (i) development by the board; or (ii) for any other purpose in furtherance of the objects of the act. under sub-section (8) of section 28, the state government is empowered, after it has taken possession of land, to transfer the same to the board for the purpose for which ..... /engineering college, research and development center, educational center, commercial and residential buildings and service apartments, convention center, hotel, shopping mall, etc. in the notification under section 28(1) of the act, the purpose of acquisition, namely, the purpose for which the company, vikas telecom (p) ltd. wanted the land, as enumerated above, was not mentioned and .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-18-2006
Reported in : [2006(111)FLR77]; (2006)IIILLJ791SC; 2006(8)SCALE145; (2006)7SCC350
..... application submitted by the respondent after the proper consideration of the same in the light of the relevant parameters the appellant-bank cannot be said to have acted in an arbitrary manner regardless of the constitutional principles. it is also settled law that the specially constituted authorities in the rules or regulations like the ..... court in harpal kaur chahal (smt) v. director, punjab instructions, punjab and anr. held that illegality once committed cannot be pleaded to legalize other illegal acts. this court also held that where the high court applying a wrong test found certain ineligible candidates to be eligible and upheld their appointment, such a judgment could ..... opinion, came to a wrong finding that the person given employment were kith and kin of four high ranking officials and erroneously held that the appellant acted arbitrarily and capriciously and was indifferent to the needs of his employees and caring only for the high salaried officers of the same bank. it is a .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-21-2006
Reported in : (SCSuppl)2006(4)CHN148; 103(2007)CLT62(SC); [2007(1)JCR95(SC)]; JT2006(7)SC539; 2006(8)SCALE252
..... fact this is an absolute public debuttor estate with religious and charitable in nature and that estate will enjoy the protection as given by w.b.l.r. act, 14m sub-section 5. (underlined for emphasis)12. similarly, in the writ petition filed one of the prayers was as follows:a writ of and/or in the nature ..... shows the character of the endowment.7. per adjudication of the controversy, certain provisions and factual aspects need to be noted. section 5 of the acquisition act deals with effect of notification issued under section 4 of the acquisition act. section 6(1) is of significance and reads as follows:6. 'right of intermediary to retain certain lands - (1) notwithstanding ..... the endowment was of public nature exclusively for charitable and religious purpose and therefore was entitled to retain 7 standard hectares of land in terms of section 14m(6) of the act. challenging the said order, an application numbered as o.a. 328 of 2002 was filed by the shebaits of the said deity before the west .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-21-2006
Reported in : AIR2006SC2855; 2006CriLJ4070; II(2006)DMC368SC; [2006(4)JCR215(SC)]; JT2006(7)SC490; 2006(8)SCALE210; (2006)10SCC115
..... death so as to bring it within the purview of the 'death occurring otherwise than in normal circumstances'. the expression 'soon before' is relevant for invoking section 304b ipc and section 113b of the evidence act. (see also: dhian singh and anr. v. state of punjab : (2004)7scc759 , sarojini v. state of m.p. : 1993crilj1648 , state ..... inflicted on the deceased. 35. this court in hira lal and ors. v. state (govt. of nct), delhi : 2003crilj3711 reiterated that section 304b ipc and section 113b of the evidence act were inserted with a view to combat the increasing menace of dowry deaths. perhaps the legislations are outcome of public opinion and a comprehensive 91st ..... was killed within seven years of her marriage for not fulfilling the demands of dowry articles. 16. according to the requirement of section 304b ipc and section 113b of the indian evidence act, the trial court also examined whether there was evidence that the deceased soon before the death was subjected to harassment and cruelty .....
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