Court : Supreme Court of India
Reported in : AIR1991SC101; (1991)1CompLJ1(SC); JT1990(3)SC725; 1991LabIC91; (1991)ILLJ395SC; 1991Supp(1)SCC600; [1990]Supp1SCR142; 1991(1)SLJ56(SC)
..... air india corporation v. rebellow : (1972)illj501sc ; municipal corporation of greater bombay v. p.s. malvankar : (1978)iillj168sc concern the industrial law wherein the validity of rules on the touch-stone of the reasonableness, fairness or justness was not considered. the prevailing doctrine of reasonable classification and nexus had their play to uphold the validity of the provisions.327. it is ..... question before this court was about the validity of section 124a of the indian penal code. this court in order to sustain the validity of the section on the touch-stone of article 19(1)(a) of the constitution of india, limited its application only to acts involving intention or tendency to create disorder, or disturbance of law and order, or .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1988SC1182; JT1988(2)SC145; 1988LabIC1713; (1988)IILLJ149SC; 1988(1)SCALE771; (1988)2SCC537; [1988]3SCR616; 1989(1)SLJ17(SC); 1988(2)LC40(SC)
Ranganath Misra, J.1. Each of these appeals is by special leave and is directed against the Award made in different disputes by the Labour Court. The common justification for ignoring the High Court and approaching this Court directly by way of special leave, according to Mr. Jitendra Sharma for each of the appellants, is that there are a couple of Full Bench decisions of the Punjab and Haryana High Court holding that the Irrigation Department of the State Government of Punjab is not an 'industry' and no useful purpose would have been served by routing the matters through the High Court as the Full Bench decision would have been followed.2. The appellant in Civil Appeal No. 5415 of 1985 was a Foreman in the Mechanical Construction Division under the Irrigation Department and had applied under Section 33C-2 of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act') before the Labour Court for recovery of arrears of annual increments.3. The appellant in Civil Appeal No. ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1980SC2147; 1980CriLJ1440; (1981)1SCC107; [1981]1SCR1196
..... is strong;and that each day is like a year.a year whose days are long.(emphasis added)but broken hearts cannot break prison walls. since prisons are built with stones of law, the key to liberation too is in law's custody. so, counsel have piled up long and learned arguments punctuated with evocative rhetoric. but judges themselves are prisoners ..... . secondly, and more importantly, the expression 'prison' and 'imprisonment' must receive a wider connotation and include any place notified as such for detention purposes, 'stone walls and iron bar do not a prison make'; nor are 'stone walls and iron bars' a sine qua (sic) to make a fail. open fails are capital instances. any life under the control of the state .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1982)3SCC24; [1983]1SCR145a
..... such impulses should be legally sanctioned by society, any more than we sanction some other unpalatable instincts of our biological inheritance. deep inside every civilized being there lurks a tiny stone age man, dangling a club to robe and rape, and screaming an eye for an eye. but we would rather not have that little fur-clad figure dictate the law ..... philosophy and its sense of moral and ethical values. to take an example, if a sentence of cutting off the arm for the offence of theft or a sentence of stoning to death for the offence of adultery were prescribed by law, there can be no doubt that such punishment would be condemned as barbaric and cruel in our country, even .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1979SC1803a; [1979(39)FLR309]; 1979LabIC1261; (1979)IILLJ416SC; (1979)4SCC573; [1980]1SCR61
V.R. Krishna Iyer, J.1. Having had the advantage of reading my learned brother's judgment I should have stopped mine with a single sentence, following the example of Diplock, L.J. who in Hughes v. Hughes See Foot-note 49 in Law and Politics by Robert Steveris merely said: 'For the reasons given by my brother Harman I would dismiss the appeal'. But I respect brother Sen's request that my concurrence notwithstanding I should, in a separate opinion, highlight the quintessential aspects and reinforce the legal conclusions which are interpretatively decisive and constitutionally validatory of Section 14B of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (briefly, the Act). That is the apology for this separate judgment of mine. Why an apology? Because exordiums are opprobriums and socio-economic apercus are anathemas for some judicial psyches; and I should have, for that reason, abandoned my habitual deviance from the orthodox norm idealised by some that a judicial judg...
Tag this Judgment!Court : Supreme Court of India
Reported in : (1982)3SCC24; 19831SCR145;
..... such impulses should be legally sanctioned by society, any more than we sanction some other unpalatable instincts of our biological inheritance. deep inside every civilized being there lurks a tiny stone age man, dangling a club to robe and rape, and screaming an eye for an eye. but we would rather not have that little fur-clad figure dictate the law ..... philosophy and its sense of moral and ethical values. to take an example, if a sentence of cutting off the arm for the offence of theft or a sentence of stoning to death for the offence of adultery were prescribed by law, there can be no doubt that such punishment would be condemned as barbaric and cruel in our country, even .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1979SC1628; (1979)IILLJ217SC; (1979)3SCC489; [1979]3SCR1014
1. This appeal by special leave raises interesting questions of law in the area of public law. What are the constitutional obligations on the State when it takes action in exercise of its statutory or executive power? Is the State entitled to deal with its property in any manner it likes or award a contract to any person it chooses without any constitutional limitations upon it? What are the parameters of its statutory or executive power in the matter of awarding a contract or dealing with its propery? These questions fell in the sphere of both administrative law and constitutional law and they assume special significance in a modern welfare State which is committed to egalitarian values and dedicated to the rule of law. But these questions cannot be decided in the abstract. They can be determined only against the back-ground of facts and hence we shall proceed to State the facts giving rise to the appeal.2. On or about 3rd January, 1977 a notice inviting tenders for putting up and fun...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1978SC597; (1978)1SCC248; [1978]2SCR621
..... wrote. our basic concepts on such matters, stated there, have provided the foundations on which subsequent superstructures were raised. some of these foundations, fortunately, remain intact. black-stone said :this law of nature, being coeval with mankind, and dictated by god himself, is of course superior in obligation to any other. it is binding over all ..... this minimum once abandoned, the police state slowly builds up which saps the finer substance of our constitutional jurisprudence. not party but principle and policy are the key-stone of our republic.131. let us not forget that article 21 clubs life with liberty and when we interpret the colour and content of 'procedure established by law' ..... hyper-sensitivity of the executive or minimal threats to the state. our nation is not so pusillanimous or precarious as to fall or founder if some miscreants pelt stones at its fair face from foreign countries. the dogs may bark, but the caravan will pass. and the danger to a party in power is not the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1978SC68; (1977)4SCC608; [1978]2SCR1
..... minister raised a point which forms the nucleus of the arguments advanced in the suit before us. he contended that the federal structure enshrined in the constitution is the corner-stone of national integrity; that the constitution is the source of the power of the center and the states; that the exercise of all powers, whether by the central government or ..... of malice in fact.5. the chief minister also admitted, in his letter to the union home said to be embodied in our constitution and described them as 'the corner-stone of national unity and national integrity'. he asserted : 'the constitution is the source of all power for the various organs of the center and the state and all actions and .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1977SC1825; (1977)79BOMLR553; 1977MHLJ205(SC); (1977)2SCC670; [1977]2SCR828
V.R. Krishna Iyer, J.1. The distance between societal realities and constitutional dilettantism often makes for the dilemma of statutory validity and the arguments addressed in the present batch of certificated appeals and writ petitions evidence this forensic quandary. Likewise, the proximity between rural-cum-slum economics and social relief legislation makes for veering away from verbal obsessions in legal construction. A Constitution is the documentation of the founding faiths of a nation and the fundamental directions for their fulfilment. So much so, an organic, not pedantic, approach to interpretation, must guide the judicial process. The healing art of harmonious construction, not the tempting game of hair-splitting, promotes the rhythm of the rule of law. These prologic observations made, we proceed to deal with the common subject-matter of the appeals and the writ petitions. 2. A bunch of counsel, led by Shri Nariman and seconded by Shri B Sen, have lashed out against the vir...
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