Court : Central Administrative Tribunal CAT Delhi
Decided on : Apr-02-2008
1. The present case provides a classic example how lightly and by complete lack of application of mind, some times, the authorities entrusted with handling/dealing with enquiries against employees act, who may be visited with such punishments that may totally ruin their career.2. Bharat Singh, the applicant herein, faced a regular departmental enquiry on the following charge, which came to be framed by the enquiry officer after recording statements of HC Sunil Kumar (PW-1), Const.Dalip (PW-2), HC Ramanand (PW-3), SI Yad Ram (PW-4), Inspr. Ombir Singh (PW-5), Inspr. Jagdish Pandey (PW-6), and Ramesh Kumar Chauhan (PW-7): I, H.V.S. Rathi, E.O. ACP/DE Cell, Delhi charge you SI Bharat Singh No. D-633 (PIS No. 16970165) that while you were posted at CAW Cell, South Delhi, the investigation of case FIR No. 393/03 under Section 498-A/406/420 IPC P.S. H.N.Din, New Delhi was entrusted to you. During investigation of the said case, L.O.C. of accused Darshan Kumar Sharma was got opened at Immigr...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-01-2008
Reported in : 2008(5)MPHT42
ORDERR.S. Garg, J.1. The petitioners by these petitions are challenging the constitutional validity of Rule 143-A as framed by the State Bar Council of Madhya Pradesh. Rule 143-A of the Rules which prescribed 45 years as the maximum age for registration as an Advocate, has been challenged on the ground of unreasonableness and being violative of Articles 14, 16 and 19 of the Constitution of India. It is submitted in the petitions that the Bar Council of Madhya Pradesh has no power, authority or jurisdiction to make such a Rule and on the ground that the rule is arbitrary and discriminatory as persons who have crossed the age of 45 years have been debarred from entering the profession simply on the ground that they have crossed the age of 45 years. It is also submitted by the petitioners that Rule 143-A as amended has no nexus with the mental level of a person to act, appear and plead for a client as an Advocate. It is further submitted that in view of the judgment of the Supreme Court i...
Tag this Judgment!Court : Chennai
Decided on : Apr-01-2008
Reported in : 2009(242)ELT487(Mad)
Prabha Sridevan, J.1. The writ petition was filed by the first respondent in W.A. No. 1562 of 2007 for quashing the Sale Order/Acceptance Letter No. MSTC/S/NLC/EA-14/2005-06/101/008 dated 1.4.2005 issued by the fifth respondent, quash the same and direct the second and third respondents to return the amount of Rs. 163,49,96,511/- after deducting the amounts already received, with interest at the rate of 18% from 30.4.2005 to the petitioner. The writ petition was dismissed on the ground that facts are disputed and they must be established before a court of law by adducing sufficient proof and that the writ court cannot grant the relief sought for. But, while dismissing the writ petition, the learned single Judge gave findings that the contract between the parties was void ab initio, that the appellant in W.A. No. 1488 of 2007 (respondent in the writ petition) had committed fraud and answered these questions in favour of the writ petitioner. Aggrieved by that, W.A. No. 1488 of 2007 has b...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Mar-31-2008
Reported in : 2008(1)ShimLC505
Rajiv Sharma, J.1. A challenge has been laid to the orders passed by the Financial Commissioner (Revenue) in case No. 122/82. 123/82 (Revision) dated 15.10.1998. The brief facts necessary for the adjudication of this petition are that the petitioner-company is incorporated under the Companies Act. It is carrying on the business of manufacture and sale of Indian made foreign liquor, beer, break-fast food and food products etc. The assessing authority had passed the assessment order for the assessment year 1968-69. The assessing authority had allowed exemption under Section 41(A)(ii) of the H.P. General Sales Tax Act, 1968 for the sales of goods made in the course of export out of the territory of India. The assessing authority passed an order for the assessment year 1969-70 (Remand case) on 19.1.1976. The company preferred an appeal before the appellate authority. The appellate authority passed the order on 22.4.1977.2. Thereafter on remand, fresh order was passed by the assessing autho...
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-31-2008
Reported in : 2008AIRSCW8078; AIR2009SC792; JT2008(6)SC177; 2008(6)SCALE275; 2008(1)LC611(SC)
S.B. Sinha, J.1. Leave granted.2. What are the factors which are required to be taken into consideration by the Central Government for determining the price of levy sugar in exercise of its power under Section 3(3C) of the Essential Commodities Act, 1955 (the Act) is the question involved herein.3. Before us, there are various owners of sugar mills who purchased sugarcane from the farmers. 4. Section 3(2)(f) of the Act empowers the Central Government to fix compulsory quota of sugar produced by a sugar producer in the manner prescribed by the Central Government including the price thereof at which the same is to be sold. It is known as 'levy sugar'. The rest of the sugar, however, can be sold by the producers in free market. It is known as 'free sugar'. 5. The factors which are relevant to be taken into consideration by Central Government is contained in Section 3(3C) of the Act which includes:(a) The minimum price, if any fixed for Sugarcane by the Central Government.(b) The manufactu...
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-31-2008
Reported in : 2007AIRSCW3656; AIR2007SC2129; 2007(6)SCC694; 2007-III-LLJ-352(SC); JT2007(8)SC581
S.B. Sinha, J.1. Review Petitioners herein have filed this application for review of this Court's judgment and order dated 18.05.2007 passed in Civil Appeal No. 2739 of 2007.2. Respondent was working with the appellant Bank. Almost immediately prior to his retirement, he was asked to show cause as to why action under the UCO Bank (Officers') Service Regulations, 1979 (for short 'the 1979 Regulations') should not be taken against him by notices dated 24.10.1996 and 30.10.1996.3. Respondent reached his age of superannuation on 30.11.1996. A disciplinary proceeding was initiated against him immediately thereafter. A charge sheet, however, was issued only on 13.11.1998. He was dismissed from service upon initiating a departmental proceedings. 4. A writ petition filed by him was allowed. Petitioner Bank filed an appeal upon grant of special leave thereagainst. One of the questions which arose for consideration before this Court was whether in absence of any chargesheet having been issued, t...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Mar-27-2008
Reported in : 2008(2)ShimLC229
Surinder Singh, J.1. The respondents were put on trial and acquitted of the offences under Sections 323, 365 and 302 read with Section 34 of the Indian Penal Code for allegedly abducting Atul Puri, causing simple injuries to Ravi Kumar and Yog Raj Gupta and causing the death of Rajneesh Singh.2. In brief, the prosecution story, as emerges from the prosecution witnesses can be stated thus: Harvinder Singh was the driver and Suraj Singh respondent was conductor of bus No. HIE-1387 of H.R.T.C. Kullu depot running between Jammu and Manali. S/Shri Ravi Dogra (PW3), Yog Raj, Vikas Kalia, Jagat Ram, Balram Kumar (PW2), Nand Chand, Atul Puri and Rajneesh (deceased) were B.Sc. students of the Agriculture University Palampur and they used to stay in the campus hostel. On 14.11.1991, after watching the movie, in the evening, they went to a shop where the cricket match between India and Australia was being telecast. It ended around 11 p.m. All the above named students waited for the bus, to take a...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-26-2008
Reported in : (2008)151PLR723
Vijender Jain, C.J.1. This is a petition where small number of lawyers, though members of the District Bar Association, Hisar have formed a separate association for seeking allotment of land for construction of chambers for their association only and thus acting against the interest of the majority of the members of the entire Bar, which in our opinion, is not in the collective interest of the legal fraternity as well as litigants thronging the Courts and thus administration of justice.2. Facts in brief are that around 200 lawyers practising at District Hisar, who are members of the District Bar Association, Hisar, formed a Lawyers' Chambers Welfare Association, Hisar (for short Association). The Association seeking construction of chambers got itself registered and applied for the aforesaid relief, to the government. The case was processed by the District Administration and recommended for allotment of required land for construction of lawyers' chambers for the members of the Associat...
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Mar-26-2008
Reported in : 2008(2)JKJ20
K.S. Radhakrishnan, C.J.1. The question that has come up for consideration in this case is whether the Contempt Court is justified in determining on what price the proprietory rights are to be conferred upon the petitioners2. The learned Single Judge who heard the contempt case has passed an interim order on December 16,. 2004 which is as good as a final order holding that the respondents (contemnors) cannot demand more than Rs. 2 lacs per kanal to transfer the proprietory rights in favour of the petitioners.3. The State of Jammu and Kashmir and its officers have come up with this appeal against the interim order passed by the learned Judge in the contempt proceedings, contending that Contempt Court has no jurisdiction to determine the amount to be paid by the petitioners for transfer of proprietary rights.4. Writ petition No. 933/95 was preferred by the petitioners (respondents herein) seeking a writ of mandamus directing the respondents to regularize the leased land measuring 6 kanal...
Tag this Judgment!Court : US Supreme Court
Decided on : Mar-25-2008
Medelln v. Texas - 06-984 (2008) SYLLABUS OCTOBER TERM, 2007 MEDELLIN V. TEXAS SUPREME COURT OF THE UNITED STATES MEDELLIN v . TEXAS certiorari to the court of criminal appeals of texas No. 06984.Argued October 10, 2007Decided March 25, 2008 In the Case Concerning Avena and Other Mexican Nationals ( Mex. v. U. S. ), 2004 I.C.J. 12 ( Avena ), the International Court of Justice (ICJ) held that the United States had violated Article 36(1)(b) of the Vienna Convention on Consular Relations (Vienna Convention or Convention) by failing to inform 51 named Mexican nationals, including petitioner Medelln, of their Vienna Convention rights. The ICJ found that those named individuals were entitled to review and reconsideration of their U. S. state-court convictions and sentences regardless of their failure to comply with generally applicable state rules governing challenges to criminal convictions. In Sanchez-Llamas v. Oregon , 548 U. S. 331 issued after Avena but involvin...
Tag this Judgment!