Court : Karnataka
Decided on : Feb-27-1998
Reported in : 1999(1)KarLJ603
1. Corruption in a civilised society is a disease like cancer, which if not detected in time is sure to malignise the polity of country leading to disastrous consequences. It is termed as plague which is not only contagious but if not controlled spreads like a fire in a jungle. Its virus is compared with HIV leading to AIDS, being incurable. It has also been termed as Royal thievery. The socio-political system exposed to such a dreaded communicable disease is likely to crumble under its own weight. Corruption is opposed to democracy and social order, being not only anti people, but aimed and targeted against them. It affects the economy and destroys the cultural heritage. Unless nipped in the bud at the earliest, it is likely to cause turbulence shaking of the socio- economic-political system in an otherwise healthy, wealthy, effective and vibrating society.2. The menace of corruption was found to have enormously increased by first and second world war conditions. The corruption, at th...
Tag this Judgment!Court : Karnataka
Decided on : Aug-12-1998
Reported in : ILR1998KAR3620; 1998(6)KarLJ667; (1999)IILLJ552Kant
K.R. Prasada Rao1. These appeals have been filed against the order passed by the learned Single Judge in Writ Petition Nos. 5517 and 5518 of 1998, dated 4-3-1998 confirming the ex parte stay order dated 24-2-1998 staying the operation of the order of transfer of respondent 2-Deputy Manager (TTC) from the Technical Training Centre to its Regional Office, Calcutta under Office Memorandum No. FPA TRF 97 384, dated 27-11-1997 issued by the appellant (Annexure-EE to the writ petitions) and rejecting the application filed by the appellant-Company for vacating the stay order dated 24-2-1998.2. The impugned order passed by the learned Single Judge has been challenged by the management of the appellant-Company on two grounds which are (1) the writ petitions filed by the respondents in the writ appeals are not maintainable, as the appellant-Company is not a 'State' or other authority within the sweep of the expression used in Article 12 of the Constitution of India and (2) the order of transfer ...
Tag this Judgment!Court : Patna
Decided on : Sep-24-1998
S.K. Chattopadhyaya, J. 1. The order taking cognizance dated December 8, 1995 under Section 92 of the Factories Act, 1948 has been impugned by the petitioners by invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure. 2. One Sachita Nand Singh, opposite party No. 2, being Factory Inspector of Ranchi Anchal No. 1. filed a complaint on July 5, 1995 in the Court of Chief Judicial Magistrate, Ranchi. showing the petitioner Nos. 1 to 9 as the members of the Board of Directors and petitioner No. 10 as Manager of the Factory, Foundry Forge Plant of H.E.G. Ltd. Ranehi. It is alleged that though the Bihar Government issued a notification dated February 13, 1989 to the effect that 'occupier' of the Foundry Forge Plant (hereinafter referred to as 'the Plant') should employ 5 qualified Safety Officers and even this Court by its order dated February 23, 1995 passed in CWCJ No. 8387/1994 (R) directed the Chief Inspector of Factories to take steps for appointmen...
Tag this Judgment!Court : Chennai
Decided on : Sep-24-1998
Reported in : (1998)IILLJ1248Mad
E. Padmanabhan, J.1. The above Writ Appeal and the writ petitions were taken up together for final disposal.2. Mr. N.G.R.Prasad, learned counsel appeared for the appellant in W.A.No. 254/1998, W.P.Nos. 479/1998, 8503/1997. Mr. A.L.Somayaji, Senior Counsel appeared for the respondent in Writ Appeal No. 254/1998 for M/s. Gupta & Ravi. Mr. S.Ramasubramanian, Senior Counsel appeared for Mr. S.Jayaraman, Senior Counsel in W.P.No. 8503/1997, Ms. R.Vaigai appeared for the petitioners in W.P. Nos. 4270/1997, 3117/1997 & 3233/1998, Mr. G.Subramanian, Senior Counsel for M/s. T.S. Gopalan & Co. appeared for the respondents in W.P.No. 4270/1997, 3117/1997 and 3233/ 1998.3. With the consent of counsel appearing for either side, the main Writ Appeal and the Writ Petitions were taken up for disposal.4. The Writ Appeal No.254/1998 has been preferred by Indian Oxygen employees Union represented by its General Secretary being aggrieved by the order of dismissal dated January 28, 1998 made in W.P.No. 180...
Tag this Judgment!Court : Karnataka
Decided on : Dec-18-1998
Reported in : ILR1999KAR1317; 1999(2)KarLJ259; (1999)ILLJ1239Kant
ORDER1. All these petitions have been filed invoking the jurisdiction of this Court under Article 226 of the Constitution of India challenging the constitutionality of the proviso to Section 1(4) of the Contract Labour (Regulation and Abolition) Act, 1970 (hereinafter referred to as 'the Act') on the ground that it offends the fundamental rights of the petitioners guaranteed under Articles 14, 19(1)(d) and 19(1)(g) of the Constitution of India. The constitutional objection adverted is common to all the writ petitions. All the petitioners have challenged the notification dated 1st of July, 1992 issued by the 2nd respondent-State of Karnataka vide Annexure-A making the provisions of the Act applicable to every establishment and every contractor, who employs less than 20 workmen on the ground that there is a transgression by the State of the limits laid down and it is the case whether the power exercised is excessive and unreasonable.2. To appreciate the grounds on which the contentions a...
Tag this Judgment!Court : Chennai
Decided on : Jun-16-1998
Reported in : [1998(80)FLR991]; (1999)IILLJ1342Mad
ORDERP. Sathasivam, J.1. Aggrieved by the order of the respondent dated March 1982 and their subsequent letter dated January 11, 1989, the petitioner-Management has filed the above writ petition for quashing the same on various grounds. The case of the petitioner is briefly stated hereunder:The petitioner is a company registered under the Companies Act. The petitioner company is covered under the Employees' State Insurance Act. According to them, there was some delay in the submission ofcontribution cards in respect of the periodsfrom September 1975 to September 1976,January 1977, September 1977, March 1978,September 1978, July 1979, September 1979and November 1979. The respondent issued ashow cause notice,No. T.N.INS.III.51-3142-74 dated August 18,1981 stating that they proposed to recover asum of Rs. 5,710.35 as the interest underRegulation 31(A) of the E.S.I. (General) Regulations, 1950 read with Section 97(2)(iii) of the Act. In addition to the above mentioned show cause notice, an...
Tag this Judgment!Court : Mumbai
Decided on : Dec-04-1998
Reported in : 1999(1)BomCR455
ORDERP.S. Patankar, J. 1. All these three petitions under Article 226 of the Constitution of India can be disposed of by this common Judgment as they involve common questions.2. Writ Petition No. 2773 of 1997 and Writ Petition No. 3041 of 1997 are filed by the same Environment Group from Bombay as public interest litigation. The prayer in W.P. No. 2773 of 1997 is for declaring Notifications dated 26-11-96 and 25-11-97 issued by the Government of Maharashtra as void and illegal. W.P. No. 3041 of 1997 is for setting aside the letter of Intent dated 7th January, 1997 issued by the State Government in favour of Sahara India Housing Ltd. (hereinafter referred to as Sahara) and to restrain Sahara from carrying out any development on that basis. W.P. No. 2247 of 1997 is also filed as a public interest litigation by an Association from Pune. The prayer made is to declare the Government Notification dated 26-11-96 as null and void. There is also intervention made on behalf of 36 tribals praying...
Tag this Judgment!Court : Mumbai
Decided on : Sep-04-1998
Reported in : 1999(1)BomCR84; 1999BomCR(Cri)907
ORDERF.I. Rebello, J. 1. Company Application No. 446 of 1998 has been moved by the applicants wherein they have prayed that they be allowed to prosecute the respondent Company and its Directors in Criminal Case No. 251/S of 1998 at Dadar Court and in Criminal Case No. 611/S of 1998 at GirgaumCourt in respect of complaints which have been filed under the provisions of section 138 of the Negotiable Instruments Act. In a company petition filed against the Company by Minutes of Order dated 3rd January, 1997, it was provided that, in the event the Company failed to pay the instalments, the Official Liquidator in terms of Clause (3) of the Minutes of Order was to stand appointed as Provisional Liquidator. There was a failure by the Company to pay in terms of the Minutes of Order and consequently the Official Liquidator stood appointed as Provisional Liquidator of the Company's assets. By the present application permission is sought under section 446(2) of the Companies Act to prosecute the c...
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-26-1998
Reported in : AIR1999SC22; JT1998(7)SC243; 1998(5)SCALE655; (1998)8SCC1; [1998]Supp2SCR359
S. Saghir Ahmad, J.1. Leave granted.2. WHIRLPOOL, true to their name have created a WHIRLPOOL of litigation in this country. Based, as they are, the United States of America, they started the gyrating movement by applying for registration of their Trade Mark 'WHIRLPOOL' to the Registrar of the Trade Marks under the Trade Marks Act, 1940, which has since been replaced by the Trade and Merchandise Marks Act, 19S8 and which for the sake of brevity, shall hereinafter be referred to as the 'Act'. The Trade Mark was duly registered and a Certificate of Registration was issued on 31st of July, 1957 which was renewed twice, in 1962 for a period of seven years and again for seven years with effect from 22.2.70. Since further renewal was not obtained after 1977, it was removed from the Register but the appellants continued to publicise their Trade Mark 'WHIRLPOOL' as also the company name through publications Which had wide circulation in this country and thus managed to maintain their reputatio...
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-31-1998
Reported in : AIR1998SC1782; 1998(3)ARBLR518(SC); JT1998(3)SC9; 1998(2)SCALE562; (1998)4SCC219; [1998]2SCR557
D.P. Wadhwa, J.1. Leave granted.2. The appellant is a society registered under the Societies Registration Act and is engaged in the research of agriculture, animal husbandry, fishery, etc. having network of research institutes in different parts of the country. It is aggrieved by the judgment dated August 26, 1996 of the Central Administrative Tribunal, Hyderabad ('Tribunal' for short) allowing the petition of the respondent, a scientist working with the appellant. Tribunal directed the appellant to consider the case of the respondent for promotion to the higher grade of Scientist (senior scale) from the year 1987 on the basis of five yearly assessment scheme in existence at that time and if found fit to promote him and to fix his pay in the revised scale of pay introduced as per proceedings dated March 9, 1989 nationally and to make him actual payment in that scale on the basis of above fixation from January 13, 1990 when he was actually promoted to that grade. A further direction was...
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