Court : Supreme Court of India
Decided on : Jul-28-2003
Reported in : AIR2003SC2952; JT2003(6)SC204; 2003(5)SCALE492; (2003)7SCC83; 2004(1)SLJ348(SC); (2003)3UPLBEC2115
..... pradesh medical and dental postgraduation entrance examination rules,2003no. f-5-62-02-lv-me-1.--in exercise of powers conferred by section 10 of madhya pradesh chikitsa shiksha sanstha niyantran adhiniyam, 1973 (madhya pradesh act no. 19 of 1973), the state government hereby makes the following rules to carry out the purpose of the adhiniyam i.e ..... rules are stated to have been framed in exercise of powers conferred by section 10 of madhya pradesh chikitsa shiksha sansthan niyantran adhiniyam, 1973 (m.p. act no. 19 of 1973). however, it was stated at the bar that it is doubtful whether section 10 of act no. 19 of 1973 confers powers on the state government to frame such ..... rules as that act provides for proper regulation of institutions of medical education in the state and does not deal with admissions to the institutions of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-25-2003
Reported in : AIR2003SC2865; 2003(2)ALD(Cri)184; 2003CriLJ3711; 105(2003)DLT705(SC); II(2003)DMC206SC; 2003(69)DRJ714; JT2003(7)SC596; RLW2003(4)SC541; 2003(5)SCALE445; (2003)8SCC80; 200
..... so as to bring it within the purview of the 'death occurring otherwise than in normal circumstances'. the expression 'soon before' is very relevant where section 113-b of the evidence act and section 304-b ipc are pressed into service. prosecution is obliged to show that soon before the occurrence there was cruelty or harassment and only in that ..... was for, or in connection with any demand for dowry.(4) such cruelty or harassment was soon before her death.9. a conjoint reading of section 113-b of the evidence act and section 304-b ipc shows that there must be material to show that soon before her death the victim was subjected to cruelty or harassment. prosecution ..... proximity test. no definite period has been indicated and the expression 'soon before' is not defined. a reference to expression 'soon before' used in section 114. illustration (a) of the evidence act is relevant. it lays down that a court may presume that a man who is in the possession of goods 'soon after the theft, is either .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-25-2003
Reported in : AIR2003SC4209; 2003(4)AWC2774(SC); JT2003(6)SC59; 2003(5)SCALE432; (2003)6SCC483; 2004(1)SLJ281(SC); (2003)2UPLBEC1780
..... the public servant concerned had claimed correction of his date of birth with reference to the births and deaths register maintained under the births, deaths and marriages registration act, 1886. the andhra pradesh administrative tribunal corrected the date of birth as claimed by the petitioner before the tribunal, in view of the entry in the births ..... trial/appellate court and the high court, more so, when the issue is decided in second appeal. but where the courts below loose sight of statutory provisions or act on irrelevant or inadmissible materials and ignore relevant materials, interference is not impermissible. 8. normally, in public service, with entering into the service, even the date of ..... .1929. consequently, she was to retire on 31.7.1987. about three weeks before the date of retirement i.e. on 7.7.1987 she approached the acting chief medical officer, azamgarh claiming her date of birth to be 31.7.1939. the concerned official made the correction in her service book. on that basis, .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-25-2003
Reported in : AIR2003SC2855; 2003(2)ALT(Cri)251; 2003CriLJ3723; (2004)1GLR456; 2003(2)JKJ656[SC]; JT2003(6)SC189; 2003(5)SCALE469; (2003)9SCC322; 2003(2)LC1346(SC)
..... advantage and not having acted in a cruel or unusual manner.12. the fourth exception of section 300, ipc covers acts done in a sudden fight. the said exception deals with a case of prosecution not covered by the first exception, ..... homicidal death on 12.8.1993. the appellant dhirajbhai was alleged to be the assailant. the learned additional sessions judge, surat, held him guilty of offence punishable under section 302 of indian penal code, 1860 (for short 'ipc') and sentenced to suffer imprisonment for life and to pay fine of rs. 2000/- with default stipulation. ..... u.p. v. krishna gopal and anr. : 1989crilj288 ).10. the residuary plea is about applicability of exception 4 to section 300.11. for bringing in its operation it has to be established that the act was committed without premeditation, in a sudden fight in the heat of passion upon a sudden quarrel without the offender having taken undue .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-25-2003
Reported in : JT2003(6)SC178; 2003(5)SCALE427; (2003)6SCC276; (2003)3UPLBEC2244
K.G. Balakrishnan, J.1. Leave granted.2. This appeal is preferred against the Judgment of the learned Single Judge of the High Court of Karnataka in Civil Revision Petition No. 4278/98. An Order of the Education Tribunal was challenged before the learned Single Judge and the same was set aside and hence this appeal by way of special leave.3. The respondent was employed as a teacher in a school owned and managed by the appellant. An order was passed against the respondent terminating his service w.e.f. 21.8.1981. According to the appellant, the respondent was then working on probation, though the respondent alleged that his probation period was already over. The appellant had also contended that the respondent teacher had offered his resignation voluntarily and his resignation was accepted. The Tribunal came to the conclusion that the termination of the services of the respondent, without there being a valid inquiry was not proper and therefore, the termination of service of the respond...
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-24-2003
Reported in : 2003(5)SCALE537
ORDERHeard the learned counsel for the parties.1. Mr. K.K. Venugopal, the learned senior counsel appearing for the State of Tamil Nadu after obtaining necessary instructions states that:1. The State Government will re-intsate all the government employees who are dismissed because they had gone on strike, except (i) 2,200 employees who had been arrested and (ii) employees against whom FIR had been lodged.2. This reinstatement in service would be subject to unconditional apology as well as undertaking to the effect that employees would abide by Rule 22 of the Tamil Nadu Government Servants Conduct Rules 1973 which provides as under:'22. Strikes No Government servant shall engage himself in strike or in incitements thereto or in similar activities. Explanation - For the purposes of this rule the expression 'similar activities' shall be deemed to include the absence from work or neglect of duties without permission and with the object of compelling something to be done by his superior off...
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-23-2003
Reported in : AIR2003SC2881; 2003(5)ALD26(SC); 2003(2)ARBLR666(SC); 2003(4)AWC2674(SC); 2003(3)BLJR2433; (2003)4CompLJ311(SC); 2003(3)CTC438; [2003(4)JCR140(SC)]; JT2003(6)SC1; (2003)135
..... marketing discipline and for the proper carrying on of the dealership of the corporation.(b) the dealer shall observe and comply with the provisions of petroleum act, 1934, explosives act, 1884, weights & measures act, 1976, etc., and all rules and regulations made thereunder.(c) the dealer shall faithfully observe and perform all the obligations, duties and requirements under ..... no stay was granted.9. in reply to the plaint filed in the civil judge's court, the appellant filed an application under section 8 read with section 5 of the act in the said suit praying for referring the dispute pending before the civil court to the arbitrator as per clause 40 of the dealership ..... being fully understood and agreed by and between the parties hereto that the vacancy should not be supplied within the meaning of sub-section 1(b) of section 8 of the arbitration act, 1940 (act no. 10 of 1940).(f) the award of the arbitrator so appointed shall be final conclusive and binding on all parties to the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-21-2003
Reported in : AIR2003SC3024; 2003(4)AWC2685(SC); JT2003(6)SC14; (2003)IIILLJ215SC; 2003(5)SCALE321; (2003)6SCC528; 2004(1)SLJ431(SC); (2003)2UPLBEC1830
..... the validity and correctness of the order dated 2.1.1999 under which the appellant was asked to show-cause why prosecution should not be launched under section 14-a of the act. 2. the high court by the impugned common order dismissed writ petition nos. 2109 of 1997 and 41787 of 1998 concurring with the findings recorded by ..... the labour court. writ petition no. 1654 of 1999 was disposed of directing no further action for initiating criminal proceedings under section 14-a of the act if the appellant deposited a sum of rs. 2,17,000/- within a period of one month and in the event of failure of depositing the amount ..... substance and in real-life terms, by another. the management's adventitious connections cannot ripen into real employment.'11. the definition of 'employer' given in section 2(i)(iv) of the act is an inclusive definition. if the respondents-workmen as a matter of fact were employed with the appellant to work in their premises and which fact is .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-21-2003
Reported in : AIR2003SC2902; 2003(5)ALD51(SC); 2004(5)ALLMR(SC)283; 2003(4)AWC2689(SC); 2003(3)CTC418; [2003(4)JCR44(SC)]; JT2003(6)SC37; 2003(3)KLT66(SC); 2003(5)SCALE384; (2003)6SCC611
..... effected by passage of time. [see kapila hingorani v. state of bihar - : (2003)iiillj31sc ].29. for the aforesaid reasons, i find that section 118 of the act being unreasonable is arbitrary and discriminatory and, therefore, violative of article 14 of the constitution.30. furthermore, india being a signatory to the declaration on ..... of the matter, such a provision is unreasonable and arbitrary.27. the matter may be examined from another angel. assuming that the purpose of section 118 of the act is to prevent bequest of property under religious influence, there is no justification in restricting testamentary disposition of property for charitable purpose. charitable purpose ..... is a reasonable one based on intelligible differentia having nexus with the object sought to be achieved.20. the underlying principle contained in section 118 of the act indisputably was to prevent persons from making ill-considered death-bed bequest under religious influence. it is beyond any cavil of doubt that .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-21-2003
Reported in : AIR2003SC3923; JT2003(5)SC606; 2003(5)SCALE334; (2003)11SCC672
..... as defined in sub-clause (x).13. all land owners recorded as 'pakka tenants' in accordance with madhya bharat land revenue and tenancy act, samvat 2007 [act no. 66 of 1950] have been conferred with status of bhumiswami under section 158(1)(b) of the madhya pradesh land revenue code, 1959 which reads thus:- '158. bhumiswami - (1) every person who at ..... into force or who may in future be duly recognised as such by a competent authority.'12. sub-clauses (viii) & (ix) of section 54 of the act of 1950 define 'ordinary tenant' and 'sub-tenant' as under:-'54 (viii). ordinary tenant - means a tenant other than a pakka tenant and shall not include a sub- ..... m.p. land revenue code 1959, the provisions of madhya bharat land revenue and tenancy act, samvat 2007 [act no. 66 of 1950] regulated the relationship of the parties with regard to the lands in suit. section 54 in part-ii of chapter vi of the act of 1950 contains definitions of various categories of tenants and sub-tenants. learned counsel submits .....
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