Court : Chennai
Decided on : Dec-23-1982
Reported in : (1983)IILLJ372Mad
Ramaswami, J.1. The petitioner in these writ petitions is the Christian Medical College, Vellore Association, which has been registered in 1947 under the Societies Registration Act (21 of 1860). Clause (2) of the Memorandum of Association reads as follows : 'The object of the association is the establishment, maintenance and development of a Christian Medical College and Hospitals in India were women and men shall receive an education of the highest grade in the art and science of medicine and nursing or in one or other of the related professions to equip them, in the spirit of Christ, for service in the relief of suffering and the promotion of health.' 2. As seen from the history and statistics of the Christian Medical College and Hospital, Vellore, Dr. Ida Soudder, a grand daughter of the First American Medical Missionary in India realizing that the basic need in India was women doctors as custom did not allow women to be treated by men and to relieve the suffering of women in partic...
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-15-1982
Reported in : AIR1983SC509; 1982(2)SCALE1299; (1983)1SCC345; [1983]2SCR16; 1983(1)SLJ203(SC); 1983(15)LC43(SC)
1. This appeal by special leave from a judgment and order of the Delhi High Court dated January 9, 1979 raises a question of some complexity. The question is whether a Specialist Grade II in a teaching hospital belonging to the Central Health Service is eligible for appointment or promotion as a Professor or Associate Professor of the concerned speciality. The appeal turns on a construction of Sub-rules (2) and (2A) of Rule 8 and paragraphs 2(b) and 3 of Annexure I to the Second Schedule of the Central Health Service (Amendment) Rules, 1966. 2. The Central Health Service was formed more than two decades ago and was intended to replace the Indian Medical Service, but the recruitment rules were not framed till the year 1963. The Service was constituted for providing doctors for manning the medical, public health and medical research and teaching posts in the Central Government hospitals, dispensaries scientific research institutions and institutions of higher education. The members of th...
Tag this Judgment!Court : Mumbai
Decided on : Dec-10-1982
Reported in : [1982]135ITR756(Bom); (1984)ILLJ76Bom
1. The petitioners - Jaslok Hospital & Research Centre are registered as a Public Charitable Trust under the provisions of the Bombay Public Trust Act, 1950. The petitioners are running a well equipped and reputed hospital in Bombay and are also running a Research Centre in the hospital premises.2. The petitioners had employed about 900 workers in the Hospital and the Research Centre in the year 1979. The workers were members of a Trade Union by name 'Maharashtra Shramik Sabha' in the year 1978 and the Union had entered into a settlement dated January 18, 1978 with the employer under S. 18(1) read with S. 2(P) of the Industrial Disputes Act, 1947 and the said settlement was to remain effective up to January 18, 1981. The name of the Union was changed to Maharashtra Kamgar Sabha and the Union signed a fresh settlement on October 5, 1979 in Conciliation under S. 18(1) read with S. 2(P) of the Industrial Disputes Act with the employer. By this settlement the wage scales and other conditio...
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Dec-06-1982
Reported in : 1983CriLJ1482
I.K. Kotwal, J.1. The appellant was arraigned before Sessions Judge, Bhadarwah, to stand his trial for offences Under Sections 302, 201, 468 and 471 R. P.C. Acquitting him of the offences under Sections 468 and 471 R. P.C. he has convicted the appellant under Section 302 R.P.C. and sentenced him to imprisonment for life and a fine of Rupees 500/-. He has also convicted him Under Section 201 R. P.C. and sentenced him to rigorous imprisonment for a further period of one year and a fine of Rs. 100/-; both the sentences to run concurrently. Whereas the appellant has appealed against his conviction and sentence, the Sessions Judge has made a reference for confirmation of the sentence of imprisonment for life imposed on the appellant. While deciding the case, he has also issued notices to three witnesses for the prosecution and one witness for the defence to show cause as to why they should not be proceeded against for offences under Sections 191, 192 and 193 R. P.C. Out of them, only one, n...
Tag this Judgment!Court : Delhi
Decided on : Nov-29-1982
Reported in : 1983(1)Crimes248; 1983(4)DRJ224; 1983RLR65
Leila Seth, J. 1. This petition under Section 482 of the Code of Criminal Procedure, 1973 is for quashing the proceedings instituted against the petitioner in case No. 1456-C of 1979 pending in the court of Mr. M.L. Mehta, Metropolitan Magistrate, Delhi. The matter is an offshoot of the volatile 'foreigners issue in Assam.2. The petitioner is an officer of the Indian Police Service. When the petition was filed, he was the Deputy Inspector General of Police, Nowgong, Assam. However, at the relevant time he was the Superintendent of Police, Kamrup, Gauhati, Assam.3. On 31st December, 1979, Parthajoy Das, respondent No. 1 filed a complaint in the court of the Sub-Divisional Magistrate at Barpeta, Assam. The complainant pertained to the action taken in the early hours of 10th December, 1979 by the petitioner and respondents 3, 4, and 5 ; when respondent No. 1 and a crowd of 1500 to 2)00 persons were trying to prevent Begum Abida Ahmed from filing her nomination papers as a Lok Sabha candid...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-22-1982
Reported in : [1988]69STC339(MP)
Faizanuddin, J.1. By this petition under Article 226 of the Constitution, the petitioners seek quashing of the order dated 30th March, 1981 (annexure P-3) passed by the Sales Tax Officer, Raipur, and order dated 29th December, 1981 (annexure P-4) passed in revision by the Deputy Commissioner of Sales Tax, Raipur.2. The petitioner No. 1 (hereinafter called as 'the firm') is a registered partnership firm which is also a dealer within the meaning of Section 2(m) of the M. P. General Sales Tax Act, 1958. The firm carries on hotel business and deals in cooked food specified in entry No. 1 of Schedule III to the Act.3. The petitioners contend that their yearly turnover did not exceed to Rs. 1,00,000 till 1st October, 1978 and after 1st October, 1978 it did not exceed to Rs. 1,50,000 and, therefore, till the assessment year 1978-79 they were granted licence under Section 13 of the Act. The firm made a similar application for grant of licence for the assessment year 1979-80 which was misplaced...
Tag this Judgment!Court : Mumbai
Decided on : Nov-02-1982
Reported in : (1982)84BOMLR608
..... involved in the present case is the one reported in gammon india ltd. v. union of india : (1974)illj489sc . in that case the provisions of the contract labour (regulation and abolition) act, 1970, were under challenge amongst ..... piece of welfare measure, aimed at improving the conditions of a sizable section of labour. 'it is in the light of this scrutiny of the act and the scheme, that we have to examine the challenges to them advanced both on behalf of the employers and the middlemen viz ..... of the employers is that the security guards supplied by the board would make it difficult to guard the confidentiality of the employers' business. in a competitive economic world, the secrets of every organisation have to be closely ..... 1979]1scr122 which are as follows: (at p. 1473)unchannelled and arbitrary discretion is patently violative of the requirements of reasonableness in article 19 and of equality under art 14. reasonableness and ..... up employment elsewhere on those days on which he is not allotted for work by the board.39. clause 28 then provides that when the name of a registered security guard is removed from the ..... act to amend or vary the scheme and make provision for it. the court however felt that in the existing set of things there could not be any industrial dispute in regard to the claim of bonus made on behalf of the monthly dock workers and the tribunal was not competent to decide it. the court therefore issued a writ of prohibition restraining the tribunal from proceeding with the reference.144 .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-01-1982
Reported in : [1985]58CompCas816(AP)
Ramaswami, J.1. This civil miscellaneous appeal arises against the common judgment in O.P. Nos. 230 and 232 of 1975 on the file of the court of the Motor Vehicles Accidents Claims Tribunal (First Additional District Judge), Guntur. The appellant herein is Srisailam Devasthanam, hereinafter called 'the Devasthanam', the first respondent in O.P.N. 230 of 1975. The lower tribunal awarded compensation to the petitioners in O.P. No. 230 of 1975 in a total sum of Rs. 16,600. The Devasthanam filed the above appeal against the award limiting the liability of the insurance company, hereinafter called 'the company', viz., the second respondent in the said O.P., for a sum of Rs. 5,000. 2. The petitioners in O.P. No. 230 of 1975 laid their claim for a sum of Rs. 53,000 on various counts. As the lower tribunal granted only Rs. 16,600, dissatisfied thereby, they filed cross-objections for the balance amount of Rs. 36,400. 3. In this appeal, the Devasthanam impleaded the company as respondent No. 5 c...
Tag this Judgment!Court : Rajasthan
Decided on : Oct-20-1982
Reported in : AIR1983Raj39
Guman Mal Lodha, J. 1. 'Speculative', 'avoidable' categorisation of this litigation, would be most apt and fair, though interestingly enough 'Categorisation'' is under challenge.2. The categorisations of the cities of Sri Ganganagar, Bikaner and Udaipur, have come into 'fumes' and 'fire' in this bunch of writ petitions, which are in all 310, in number. The affluent city of Sri Ganganagar has got the largest number of writs, there being 288, whereas there is only one writ of Udai-pur City, and 21 writs of Bikaner.3. On a joint request of the learned counsel for the petitioners and the learned Additional Advocate General, Shri Ashok Mathur, I have heard the cases altogether and, their prayer for deciding all the writs by a common judgment being fair and reasonable, is accepted.4. The pivot of debate is the rate of conversion charges for agricultural land under the provisions of Rajasthan Land Revenue Act, 1956 and the Rajasthan Land Revenue (Allotment, Conversion and Regularisation of Ag...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-18-1982
Reported in : AIR1982AP443
P.A. Choudary, J.1. This appeal under clause 15 of the Letters Patent has been filed against a mere notice issued on 12-10-82 by our learned brother Lakshminaryana Reddy, J., in C. M. P. No. 12880/82 in A. S. No. 2269/82. The present appellants are the petitioners in the said civil Miscellaneous Application. they were sued by the respondent herein in O. S. No. 65/76 on the file of the Subordinate Judge, Kovvur for recovery of her steam launch by name 'Swaraja Lakshmi', and for arrears of rent or profits for the period of April to end of June, 1976 at a rate of Rs. 600/- per month and for future profits. The plaintiff's case was that she was the owner of the steam launch which she gave to the first appellant-defendant on lease for one year commencing from 1-8-74 and ending with 31-7-75 on a monthly rent of Rs. 350/- and that the first appellant-defendant has failed to return and deliver the launch to her after the expiry of lease, thus rendered himself liable for damages. The second app...
Tag this Judgment!