Court : Supreme Court of India
Reported in : AIR1987SC1652; 1987CriLJ1881; JT1987(3)SC1; 1987(1)SCALE844; (1987)3SCC434; [1987]2SCR953
..... fact the first sentence of this section itself makes it clear that this section is only attracted where there is no reasonable apprehension of death or grievous hurt and the emphasis laid by the high court in its judgment on the fact that the respondents did not use force unless and until the constable shot three rounds which apparently will cause a reasonable apprehension of death or grievous hurt in ..... , it could not be concluded that the learned judges of the high court committed an error in coming to the conclusion that when the respondents used force it was only after 3 shots were fired and therefore they were acting in the right of private defence and in this view of the matter the conclusions reached by the high court, in our opinion, could not be assailed. ..... sufficient in the light of the circumstances of case for a reasonable apprehension in the minds of the respondents that their lives may be in danger and it is in this view that the high court came to the conclusion that they were acting in the right of private defence. ..... high court also considered the other aspects of the matter that if the respondents could not be held to be members of an unlawful assembly as their object at best could only be to rescue dharampuri from unlawful custody, then even if the right of private defence is not accepted, it is not possible on the basis of the prosecution evidence to find out what respondent caused what injury and it will not be possible to find them guilty for their individual acts .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC1286; 71(1991)CLT645(SC); JT1991(2)SC82; (1991)IILLJ62SC; 1991(I)OLR(SC)450; 1991(1)SCALE578; (1991)2SCC599; [1991]1SCR990; 1991(2)LC406(SC)
..... we are of the view that the high court erred in denying the benefit of the validation act to the appellant on the ground that his initial appointment for 89 days was conditioned by the stipulation that he would continue until replaced by a candidate from the select list. ..... the only argument raised before the high court was that the appellant was entitled to be regularised in terms of the provisions of section 3 of the orissa aided educational institutions (appointment of teachers validation) act, 1989 (hereinafter called 'the validation act'). ..... the high court read into the act what was not there. ..... the high court rejected the prayer for regularisation, and held that the appellant was not entitled to the benefit of the validation act, on the following reasoning; admittedly, the petitioner was appointed on 12.7.1982 and continued till 18.7.1986 with breaks in between and the petitioner's appointment was conditioned by the stipulation that he would continue until replaced by a candidate ..... the appellant filed a writ petition under article 226 of the constitution of india before the orissa high court claiming regularisation as hindi teacher with effect from july 12, 1982. ..... we, therefore, set aside the judgment of the high court and direct the respondents to treat the appellant as the regularly appointed hindi teacher in the school with effect from july 12, 1982. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1994SC1333; 1994CriLJ2095; 1994(1)Crimes544(SC); JT1994(1)SC484; 1994(1)SCALE421; (1994)2SCC355
..... before the high court it was contended that the incidents mentioned in the grounds, even if accepted to be true, would only effect the maintenance of law and order and that they are not of that magnitude to affect the public order. ..... the high court rejected this contention. ..... challenging the detention, a writ petition was filed on 12.7.93 and the same was dismissed by the high court on 15.9.93. ..... state of tamilnadu decided on:4.2.94 wherein we held that unlike the provisions of cofeposa act, there is a provision in the national security act to the effect that the detention order will cease to remain in force for more than 12 days if in the meantime it is not approved by the state government and therefore the authorities to whom the representation could be made ..... therefore the detaining authority being satisfied that the detenu was acting in a manner prejudicial to the maintenance of public order ordered the detention. ..... this special leave petition is filed on behalf of the 40 detenu amin mohammed qureshi who was detained under section 3(2) of the national security act with a view to prevent him from acting in any manner prejudicial to the maintenance of public order. ..... that was a case which arose under cofeposa act where there is no specific provision regarding the approval of the detention order by the state government within 12 days. ..... this submission is made relying on some of the observations made by this court in amir shad khan and anr. v. l. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC1334; 1997(3)CTC617; JT1996(11)SC620; 1997(1)SCALE143; (1997)9SCC149; [1996]Supp10SCR863
..... this appeal by special leave arises from the order of the division bench of the punjab & haryana high court, made on august 7, 1984 in cwp no. ..... the high court has committed manifest error of law in not interfering with the finding thus recorded by the primary authority and the revisional authority. ..... it is his further contention that under section 9(a) of the act read with section 70 of the punjab tenancy act, 1887, on an application filed by the tenant for determination of the compensation for improvement for the lands effected by him unless it is decided and value of improvements determined and paid, he is not liable to ejectment and, therefore, even ..... thus, it would be seen that the appellant was acting bona fide to sustain his right to tenancy by paying the rents regularly to the agent of the landlord.7. ..... it is contended by the learned counsel for the respondent that even during the pendency of the appeal in this court, the appellant has committed default in payment of the rent and that he did not deposit the rent as directed by this court. ..... the respondent, claiming to be general power of attorney (gpa) of the landlord, filled an application under section 9 of the punjab security of land tenures act, 1953 (for short, the 'act'). .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC1964; JT1999(3)SC295; 1999(3)SCALE73; (1999)9SCC184; 1999(2)LC960(SC); (1999)3UPLBEC1961
..... under the peculiar circumstances of the case but without creating any precedent, we direct that as a result of setting aside the impugned judgment of the high court, the appellant shall be deemed to have been properly appointed as head mistress vide order dated 12.7.1993 but as on account of the litigation she could not perform her duties as head mistress, she would not be ..... the appellant is justified in contending that the high court erred in holding her to be junior to ..... was no occasion for the high court to accept the contentions of respondent ..... it appears that the high court completely ignored the common seniority list of the head master and assistant head mistresses as it existed on 12.7.1993(annexurer-l), and decided the case on the basis of bare averments made by the ..... the high court also appears to have erred in coming to the conclusion that the impugned order had the effect of reversion of ..... the high court was also not justified in substituting its opinion for the opinion of the appointing authority regarding the comparative merit of the ..... the high court, however, found ..... master on the basis of the judicial pronouncements made in his favour, the acceptance of this appeal would not authorise the employer to recover any benefits conferred upon him on account of the judgment of the high court. ..... 4 allegedly being in service in 1962 after acquiring qualification requisite for high school teacher had better merit than the appellant who was stated to have requisite qualification in .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2000SC2198; [2000(85)FLR807]; JT2000(5)SC243; (2000)ILLJ1630SC; 2000(4)SCALE59; (2000)5SCC65; (2000)2UPLBEC1618
..... there was no occasion for the tribunal to direct that dayananda be reinstated in service or for the high court not to have exercised its jurisdiction under article 226 of the constitution to set aside the award.20 ..... , under the circumstances, it cannot be said that the principles of natural justice have not been complied with or the circumstances require any enquiry as contemplated under rule 25.this court was thus of the view that there 'was no good reason for the high court to interfere with the impugned order of the appellant-corporation dated january 5,1989'.12. ..... bank was granted leave to appeal under article 136 of the constitution against judgment dated september 11, 1998 of the division bench of the karnataka high court in writ appeal upholding the order of the learned single judge dismissing the writ petition. ..... we therefore, allow the appeal, set aside the impugned judgment of the high court and also the award dated september ,26,1994 of the central government industrial tribunal ..... it filed a writ petition under article 226 of the constitution in the high court of karnataka which, as noted above, was dismissed by the learned single judge by order dated june 25, ..... high court has noticed that since september 26,1994 dayananda had been paid wages in terms of section 17b of the industrial disputes act, 1947 ..... undue reliance on the principles of natural justice by the tribunal and even by the high court has certainly led to miscarriage of justice as far as bank is concerned. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2001SC2145; 2001(1)ALD(Cri)798; 2001(2)ALT(Cri)147; 2001CriLJ2346; 2001(2)Crimes226(SC); JT2001(Suppl1)SC245; 2001MPLJ21(SC); 2001(3)SCALE513; (2001)4SCC752; [2001]3SCR2
..... the code of criminal procedure does not authorise the high court to review its judgment or order passed either in exercise of its appellate, revisional or original jurisdiction. ..... the respondent filed a revision petition under section 482 of the criminal procedure code before the high court of kerala for quashing the said criminal proceeding on ground that there was no sanction to prosecute him as required under section 122 of the kerala panchayat act. ..... by no stretch of imagination it can be said that by the impugned order the high court only corrected any clerical or arithmetical error. ..... by the first order dated 31.05.2000, the high court rejected the prayer of the respondent for quashing the criminal proceeding. ..... in the result we hold that the high court committed grave error in passing the impugned order and accordingly appeal is allowed by setting aside the said order. ..... by the impugned order, the high court reversed its earlier order and quashed the criminal proceeding for want of proper sanction. ..... we extract below the said sub-section:'sanction for prosecution of president, executive authority or members of a panchayat (i) when the president, executive authority or any member is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no court shall take cognizance of such offence except with the previous sanction of this government.'9. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2002SC737; [2002]254ITR212(SC); JT2001(10)SC142; (2002)9SCC685; [2002]120TAXMAN889(SC)
..... position that in the state of kerala the muslims are notified to be a backward community and it is on that basis that the tribunal and the high court held that the trust was entitled to the benefit of the second explanation to section 13 and, therefore, the benefit of section 11. 7. ..... it was contended before us on behalf of the revenue that the tribunal and the high court failed to take into account the fact that the trust provided benefits to muslims all over the world and not only to the muslims of kerala so that it could not be said ..... the high court answered in the affirmative and in favour of the assesses-trust the following question (page 725): 'whether, on the facts and in the circumstances of the case, the assessee is a charitable institution whose income is exempt under section 11 of the income-tax act, ..... it is, therefore, not possible to accept the view taken by the high court and the tribunal that the trust is covered by the second explanation ..... revenue arise upon a certificate of fitness given by the high court of kerala (see : [1999]236itr722(ker) ). ..... the matter went up to the high court which restored the appeal to the income-tax appellate ..... the high court, in the judgment and order under challenge, has upheld ..... in the case of a trust for charitable purposes or a charitable institution created or established after the commencement of this act, any income thereof if the trust or institution is created or established for the benefit of any particular religious community or .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1959SC1186; (1959)IILLJ373SC; [1960]1SCR13
..... it may be noted here that the proceedings before the industrial tribunal had commenced without the necessary sanction of the high court in the liquidation proceedings, but during the pendency of the proceedings, the high court, by its order dated december 20, 1955, granted leave to the workmen to proceed with and continue the proceedings against the official ..... 3, of the industrial disputes (appellate tribunal) act (48 of 1950) (which was repealed by act 36 of 1956), which governed the making of appeals before the appellate tribunal, the appeal to that tribunal was competent, and should have been heard ..... act, 1956), that is inconsistent with the provisions of the industrial disputes (appellate tribunal) act, 1950 (which hereinafter will be referred to as 'the act') ..... 249, bowbazar street, calcutta, regarding the matters specified in the schedule; and whereas it is expedient that the said dispute should be referred to an industrial tribunal constituted under section 7 of the industrial disputes act, 1947 (xiv of 1947); now, therefore, in exercise of the powers conferred by section 10 of the said act, the governor is pleased hereby to refer the said dispute to the third industrial tribunal constituted under notification no. ..... the tribunal awarded, inter alia, compensation under section 25(f)(b) of the industrial disputes act, 1947, and directed the company to pay compensation, within two months from the date the award became enforceable, to such of the workmen as had been found .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC2455; [1973]2SCR54; [1973]31STC190(SC)
..... 108 to 110 of 1967 the madras high court held that the expression 'all kinds of mineral oils (not otherwise provided for in this act)' occurring in entry 47 of the first schedule to the madras general sales tax act, 1959 (madras act 1 of 1959) as amended by the madras general sales tax (amendment) act, 1964 (madras act 7 of 1964) will cover only such of the mineral oils as are lubricants and not furnace ..... used by the legislature in that entry was found by the high court to be not appropriate for levying tax on sale of non-lubricant mineral oils, the amending act was passed by the legislature to rectify and remove the defect in the language found by the high court, so that the tax on sale of non-lubricant mineral oils might be levied at the rate specified in entry 47 from april 1, 1964 when act 7 of 1964 came into force. ..... it would thus appear that the amending act was intended to cure an infirmity as revealed by the judgment of the high court and to validate the past levy and collection of tax in respect of all kinds of non-lubricating mineral oils, including furnace oils, with effect from ..... passed the bihar finance act, 1950 on march 30, 1950. ..... ordinance, the provisions of the act of 1950 which had been struck down by this court were validated and brought into force retrospectively from the date when the earlier act purported to come into force. ..... of the retrospective operation of the act of 1961, its material provisions were deemed to have come into force from april 1, 1950. .....
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