Court : Supreme Court of India
Decided on : Apr-03-2002
Reported in : AIR2002SC1685; JT2002(3)SC476; 2002(3)SCALE265; (2002)4SCC539; [2002]2SCR902; 2002(3)SLJ17(SC)
R.C. Lahoti, J. 1. Colonel P.G. Sarcar, the father of the two appellants before us,was serving as Superintending Engineer (Civil), Selection Grade,equivalent to Colonel in the General Reserve Engineering Force, whichis said to be an integral part of the Armed Forces. He retired from hispost on 31st March 1995. On 14th September, 1995, his two majordaughters, who are the appellants, claiming themselves to be residingwith their father and as dependent on him, initiated proceedings foreviction of the tenant, the respondent before us, under Section 13(1)(ff)of the West Bengal Premises Tenancy Act, 1956 (hereinafter referred to as'the Act', for short) by having recourse to summary procedure underChapter VIA of the Act. The tenant sought for leave to defend whichwas denied on the ground that the application seeking leave to defend wasfiled beyond the time prescribed therefore. The tenant, laying challenge tothe order of the Rent Controller, preferred a petition under Article 227 ofthe Consti...
Tag this Judgment!Court : Chennai
Decided on : Apr-03-2002
Reported in : (2002)2MLJ167
Prabha Sridevan, J.1. The dispute is between two churches for a piece of property. 2. The history of the case starts in the 19th century when Christian Missionaries from England set up missions all over the world to spread the message of Christianity. One such society was the London Mission Society whose object was to enlighten the ignorant regarding the greatness of the Lord. So they left their country and went to the four corners of the world to spread their message. They purchased several properties in India for building churches and prayer halls. In 1804 Rev. Ringeltaube set foot in India and set up several churches in the south. Later, Col. Monroe and Rev. Charles Mead spread the message of Christianity. Mead was appointed as the Judge of Nagercoil Court and he built a huge church in Nagercoil with stones and it was called the Kal kovil. Ex.B5 which is a publication called the 'Nagercoil Home Church properties and gift lands, etc.' gives the history of the properties belonging to ...
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-02-2002
Reported in : AIR2002SC1618; [2002(93)FLR665]; JT2002(3)SC470; 2002LabIC1501; 2002(3)SCALE257; (2002)4SCC154; [2002]2SCR881; 2002(3)SCT61(SC); 2002(3)SLJ13(SC); (2002)2UPLBEC1297
1. Leave is granted in all the special leave petitions.2. The question that falls for determination in theseappeals is whether the appellants are 'ex-servicemen' forthe purpose of appointment under the Punjab Recruitmentof Ex-servicemen Rules (for short 'the Rules') . Theseappeals are directed against the common judgment of theHigh Court of Punjab and Haryana dismissing the writpetitions filed by the appellants. Since all the writ petitionswere disposed of by the judgment rendered in CWPNo.19084/98 filed by Sansar Chand Atri who is theappellant in the Civil Appeal arising out of S.L.P. No.3683of 2000, the facts in that case are stated for sake ofconvenience:In response to the advertisement dated 16.10.1998issued by the Punjab Public Service Commission invitingapplications for certain posts of the Punjab Civil Service(Judicial) Branch, which appeared in the newspaper'Tribune' on 16.10.98, the appellant submitted anapplication for appointment against one of the postsreserved for ex-servi...
Tag this Judgment!Court : Kerala
Decided on : Apr-02-2002
Reported in : 2002(2)ALT(Cri)251; 2002CriLJ4803
M.R. Hariharan Nair, J. 1. The novel question posed in this case is whether a complaint under Section 138 of the Negotiable Instruments Act can be maintained if the cheque amount in a post dated cheque is larger than the actual debt due on the date of transaction. 2. The appeal is by the complainant in C.C. No. 554/1997 of the Judicial First Class Magistrate Court, Adoor. He is aggrieved that the complaint filed by him alleging offence under Section 138 of the Negotiable Instruments Act arising from dishonour of Ext. P1 cheque for Rs. 1 lakh ended in acquittal of the accused (present respondent). 3. The learned counsel for the appellant submitted that the trial court has failed to appreciate the scope and ambit of the presumption arising from Section 139 of the Negotiable Instruments Act and that the acquittal of the accused has resulted in a miscarriage of justice. Reliance was also placed on the fact that Ext. D1 which was produced by the accused to contend that the cheque was issued...
Tag this Judgment!Court : Kolkata
Decided on : Apr-02-2002
Reported in : (2004)2CALLT503(HC),2002(4)CHN68
A. Chakrabarti, J.1. The petitioner herein is an assistant teacher having been appointed long back in October, 1978. When a memorandum dated December 21, 2001 (annexure P-3 to the writ petition) was issued prohibiting private tuition by the assistant teachers and making an obligation for each teacher to submit declaration every three months declaring that he/she is not engaged in private tuition of students of any school or any other institution had not engaged in any kind of business or trade and not acting as any agent of any company/corporation, the same has been challenged by the petitioner contending that such action of the respondents calling upon the petitioner to file such a declaration affects the dignity of the petitioner. Therefore, compelling the petitioner to file such declaration and in default withholding grant resulting in non payment of salary to the petitioner affects the petitioner's right to life and is violative of Article 21 of the Constitution. Moreover, such pro...
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-27-2002
Hoffman Plastic Compounds, Inc. v. NLRB - 535 U.S. 137 (2002) OCTOBER TERM, 2001 Syllabus HOFFMAN PLASTIC COMPOUNDS, INC. v. NATIONAL LABOR RELATIONS BOARD CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT No. 00-1595. Argued January 15, 2002-Decided March 27, 2002 Petitioner hired Jose Castro on the basis of documents appearing to verify his authorization to work in the United States, but laid him and others off after they supported a union-organizing campaign at petitioner's plant. Respondent National Labor Relations Board (Board) found that the layoffs violated the National Labor Relations Act (NLRA) and ordered backpay and other relief. At a compliance hearing before an Administrative Law Judge (ALJ) to determine the amount of backpay, Castro testified, inter alia, that he was born in Mexico, that he had never been legally admitted to, or authorized to work in, this country, and that he gained employment with petitioner only after tend...
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-27-2002
Mickens v. Taylor - 535 U.S. 162 (2002) OCTOBER TERM, 2001 Syllabus MICKENS v. TAYLOR, WARDEN CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 00-9285. Argued November 5, 200l-Decided March 27, 2002 A Virginia jury convicted petitioner of the premeditated murder of Timothy Hall during or following the commission of an attempted forcible sodomy, and sentenced petitioner to death. Petitioner filed a federal habeas petition alleging, inter alia, that he was denied effective assistance of counsel because one of his court-appointed attorneys had a conflict of interest at trial. Petitioner's lead attorney, Bryan Saunders, had represented Hall on assault and concealed-weapons charges at the time of the murder. The same juvenile court judge who dismissed the charges against Hall later appointed Saunders to represent petitioner. Saunders did not disclose to the court, his co-counsel, or petitioner that he had previously represented Hall. The District Court ...
Tag this Judgment!Court : Kolkata
Decided on : Mar-27-2002
Reported in : (2003)IILLJ293Cal
Pranab Kumar Chattopadhyav, J.1. The petitioner bank filed this writ petition challenging the validity and/or legality of the award dated December 20, 1999 passed by the learned Judge of the Central Government Industrial Tribunal at Calcutta. By the said award, the learned Judge of the Tribunal held that the respondent Shri Chhabi Ghosh comes within the definition of workman under Section 2(s) of the Industrial Disputes Act, 1947 and the action of the management of the petitioner bank in terminating the service of said Shri Chhabi Ghosh was bad, illegal, inoperative and void ab initio. Accordingly, the learned Judge directed the petitioner bank to reinstate said Shri Chhabi Ghosh forthwith in service with full back wages from the date of termination along with all consequential benefits.2. Bereft of all unnecessary details, the facts of the matter are shortly narrated hereinafter.3. Shri Chhabi Ghosh, the respondent No. 3 herein was initially appointed as a clerical staff by the then M...
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-26-2002
Devlin v. Scardelletti - 536 U.S. 1 (2002) CASES ADJUDGED IN THE SUPREME COURT OF THE UNITED STATES AT OCTOBER TERM, 2001 Syllabus DEVLIN v. SCARDELLETTI ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-417. Argued March 26, 2002-Decided June 10,2002 Petitioner retiree participates in a defined benefits pension plan (Plan) that was amended in 1991 to add a cost of living increase (COLA). Because the Plan could not support such a large benefits increase, its trustees ultimately eliminated the COLA in 1997 and filed a class action in the Maryland Federal District Court, seeking a declaratory judgment that the 1997 amendment was binding on all Plan members or that the 1991 COLA was void. Petitioner's separate challenge to the 1997 amendment was dismissed by a New York Federal District Court, which found that the Maryland court should resolve the matter. By this time, the Maryland court had already conditionally certified a class under Fede...
Tag this Judgment!Court : Allahabad
Decided on : Mar-22-2002
Reported in : 2002(3)AWC2072; [2002(92)FLR213]
Jagdish Bhalla and Bhanwar Singh, JJ. 1. Certain issues create a platform on which someone can just rise and emerges into instant limelight. This practice of indulging into sensitive and important matters should be checked and curbed with a firm will so that the habit of sensationalisation is put to an end. 2. The dispute regarding Ram Janam Bhumi and Babri Masjid is one of such matters, accordingly petitions are being filed before this Court. Writ Petition No. 1197 (M/B) of 2002, Sushil Vidyarthi v. Union of India and Ors., was filed before this Court by a journalist only few days ago. Now instead of journalist, a member of the Bar from Ajmer, Rajasthan has come before this Court with a prayer that a direction be issued for the construction of Babri Masjid at Ayodhya on the disputed site. It has been further prayed that 'Ram Chabutra' and 'Kaushalya Rasoi' be also constructed where the same were situated and after the construction of such Masjid, an arrangement for security be made an...
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