Court : Supreme Court of India
Decided on : Dec-05-1984
Reported in : AIR1985SC371; 1984(2)SCALE1039; (1985)1SCC436; 1985(17)LC561(SC)
A.P. Sen, J.1. This appeal by special leave is directed against the judgment of a Division Bench of the Punjab High Court in Letters Patent Appeal No. 80 of 1967 dated September 9, 1969 upholding the judgment and order of a learned Single Judge dated July 27, 1967. It follows the earlier common judgment delivered by the Division Bench in Letters Patent Appeal Nos. 357-359 of 1967. By the judgment the learned Single Judge allowed three writ petitions filed by respondent Nos. 1 and 2 who are purchasers from the original land-holder Kulwant Rai and have been held to be mere benamidars in Civil Suit No. 23 of 1967 decided on January 6, 1967 brought by respondent Nos. 3 to 14, the legal heirs of the aforesaid Kulwant Rai.2. The arguments in the appeal mainly revolved around the question as to the applicability of the rule laid down by this Court in Rameshwar and Ors. v. Jot Ram and Ors. : [1976]1SCR847 to the facts and circumstances of the present case. In Rameshwar's case, this Court held ...
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-27-1984
Reported in : AIR1985SC167; 1985LabIC1196; 1984(2)SCALE87; (1984)4SCC251; [1985]1SCR216
Madon J.1. The principal question which arises for determination in his group of Appeals by Special Leave and Writ Petitions to the constitutional validity of two Uttar Pradesh Ordinances, namely; (1) the Uttar Pradesh High Schools and Intermediate Colleges (Reserve Pool Teachers) Ordinance, 1978 (U.P. Ordinance No. 10 of 1978), and (2) its successor Ordinance-The Uttar Pradesh High Schools and Intermediate Colleges (Reserve Pool Teacher) (Second) Ordinance, 1978 (U.P.) Ordinance No. 22 of 1978), which had been struck down by a Division Bench of the Allahabad High Court by its judgment delivered on December 22, 1973, in Civil Miscellaneous Writ No. 9174 of 1978-Uttar Pradesh Madhyamik Shikshak Sangh and Ors. v. State of Uttar Pradesh and Ors. [1979] A.L.J. 178 on the ground that its provisions with violative of Articles 14 and 16(1) of the Constitution of India; the subsidiary questions being whether the termination of the services of the Appellants and Petitioners as secondary school ...
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-17-1984
Reported in : AIR1984SC1121; 1984(1)SCALE783; 1984Supp(1)SCC175; [1984]3SCR484; 1984(16)LC996(SC)
A.P. Sen, J.1. This appeal on certificate is directed against a judgment and decree of the Madhya Pradesh High Court dated May 2, 1969 substantially reversing the judgment and decree passed by the third Additional District Judge, Indore dated June 18/19, 1962 and dismissing the plaintiffs' suit for partition and separate possession of their half share of the suit properties detailed in Schedule 'A' appended to the plaint except with respect to a house and the agricultural lands at Ujjain. During the course of the hearing the parties have come to a settlement and the terms of the compromise have been recorded. Nevertheless, the correctness of the judgment delivered by the High Court is open to serious doubt and as it involves a question of general importance, we proceed to record our views.2. The facts giving rise to the appeal are as follows. The report of the Inam Commissioner discloses that in 1837 the late Maharaja Harihar Rao Holkar made a grant of an inam of a garden known as Ram ...
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-04-1984
Reported in : AIR1985SC389; (1985)87BOMLR65; 1984(2)SCALE1022; (1985)1SCC479; [1985]2SCR224
..... , wipe out all debts and restore the security given for the debts to the borrowers.22. in pathumma v. state of kerala : [1978]2scr537 , section 20 of the kerala agriculturists' debt relief act, 1970 was challenged, first for lack of legislative competence, ..... consolidated fund of india as grants-in-aid of the revenues of a state such capital and recurring sums as may be necessary to meet the cost of developmental schemes for the promotion of the welfare of the scheduled tribes in the state. article 330 provides for reservation in the house of the ..... , whichever is less plus the value of the improvements; if any, made by the non-tribal to be determined by the collector. explanation to cls. (a) and (b) lays down that the collector in determining the value of any improvements under clause (b) shall have ..... 39 gunthas from raju meshram, father of respondent no. 2 sonerao raju meyhram who being a gond was a tribal within the meaning of section 2(1 )(j) of the act for a consideration of rs. 1300/- with the prior permission of the collector as required by section 47 of the hyderabad tenancy & agricultural lands act ..... patent appeal preferred by the appellant was also dismissed by a division bench by its order dated june 27,1984. facts' in civil appeal no. 3288 of 1984 are more or less similar. we must here mention that the high court in sadashiv ragho kolambe v. state of maharashtra being special civil applh. no. 1064 of 1976 decided on june 20, 1976 upheld the constitutional validity of the act .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-17-1984
Reported in : AIR1984SC1622; (1984)86BOMLR536; 1984CriLJ1738; 1984(2)SCALE445; (1984)4SCC116; [1985]1SCR88
1. This is rather an unfortunate case where a marriage arranged and brought about through the intervention of common friends of the families of the bride and bridegroom though made a good start but ran into rough weather soon thereafter. The bride, Manju, entertained high hopes and aspirations and was not only hoping but was anxiously looking forward to a life full of mirth and merriment, mutual love and devotion between the two spouses. She appears to be an extremely emotional and sensitive girl and at the very behest cherished ideal dreams to be achieved after her marriage, which was solemnised, on Feb. 11, 1902 between her and the appellant, Sharad Birdhichand Sarda. Soon after the marriage, Manju left for her new marital home and started residing with the appellant in Takshila Apartments at Pune. Unfortunately, however, to her utter dismay and disappointment she found that the treatment of her husband and his parents towards her was cruel and harsh and her cherished dreams seem to ...
Tag this Judgment!Court : Supreme Court of India
Decided on : May-01-1984
Reported in : AIR1984SC1361; [1984(49)FLR119]; (1984)IILLJ186SC; 1984(1)SCALE798; (1984)3SCC316; [1984]3SCR646; 1984(2)SLJ82(SC); 1984(16)LC733(SC)
D.A. Desai, J.1. Failure to adjust the antena to the operative channel and dipping the head like the proverbial ostrich in the sand so as not to view the changing kaleidoscope of the law can alone be said to be responsible for this trivial matter to be brought to this Court.2. Respondent is the Project & Equipment Corporation of India Ltd. ('Corporation' for short) since its formation in 1971 a wholly owned subsidiary company of State Trading Corporation ('STC' for short), a Government of India Undertaking upto 1976 when it was separated and since then it functions as a Government of India undertaking. The appellant A.L. Kalra joined as Upper Division Clerk in the STC on August 6, 1963. On November 1, 1969,. he came to be promoted as Assistant and earned a further promotion on May 22, 1974 as Accountant. On the setting up of the Corporation, the appellant exercising his option came to be transferred as Accountant to the Corporation on November 9, 1976. Under the relevant conditions of ...
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-25-1984
Reported in : 1984(1)SCALE680; (1984)3SCC538
P.N. Bhagwati, J.1. This is one of those cases by way of public interest litigation where positive results have been achieved for the benefit of the workmen employed on the Salal Hydro Electric Project as a result of judicial intervention. It is not necessary to set out the history of this litigation because the facts giving rise to this litigation have been set out in detail in the interim judgment delivered by us on 2nd March 1983. Suffice it to state that this litigation was started on the basis of a letter addressed by the People's Union for Democratic Rights to Mr. Justice D.A. Desai enclosing a copy of the news item which appeared in the issue of Indian Express dated 26th August 1982 pointing out that a large number of workmen working on the Salal Hydro Electric Project were denied the benefit of various labour laws and were subjected to exploitation by the contractors to whom different portions of the work were entrusted by the Central Government. The letter was treated as a wri...
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-28-1984
Reported in : AIR1984SC946; (1984)2CompLJ48(SC); (1984)39CTR(SC)158; [1984]146ITR552(SC); 1984(1)SCALE445; (1984)3SCC393; [1984]3SCR37; 1984(16)LC318(SC)
V.D. Tulzapurkar, J.1. The only question raised in these appeals is whether the two sums of Rs. 5,49,041 (in the case of M/s. J.K. Cotton Ltd.) and Rs. 21,61,788 (in the case of J.K. Jute Ltd.) being the balance of the demands payable as a result of the findings and orders of the Income-tax Investigation Commission in the settlements made under the Taxation on Income (Investigation Commission) Act (30 of 1947) are deductible as debts owed by them in determining the net-wealth of these companies?2. The question arises in these circumstances:M/s. J.K. Cotton ., the assessee, is a limited company engaged in the manufacture of cotton textiles, etc. and the assessment involved is the wealth-tax assessment for the year 1957-58 based on the valuation date 30.9.1956. It appears that as a result of proceedings taken and a settlement arrived at in 1952 under the Taxation on Income (Investigation Commission) Act 1947, a sum of Rs. 15,99,041 was determined as payable by the assessee company on its...
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-26-1984
Reported in : AIR1984SC1780; 1985(6)ECC193; 1985(19)ELT5(SC); [1984]150ITR648(SC); 1984(2)SCALE545; 1984Supp(1)SCC490; [1985]1SCR825; [1985]58STC1(SC); 1985(17)LC167(SC)
Amarendra Nath Sen, J.1. The question of constitutional validity of the Mysore Sales Tax (Amendment) Act, 1969 (Mysore Act of 1969), (hereinafter referred to as the Act) falls for determination in these two appeals preferred by the appellants with certificate granted by the High Court under Article 133(1) of the Constitution.2. The question arises under the following circumstances :-The appellants are Excise Contractors who had secured excise privilege of retail sale of Toddy, Arrack or Special Liquor. The State Government has the monopoly of the first sale of Arrack which is country liquor other than Toddy. The manufacture of Arrack by distillation is done in the State under State control and the entire quantity manufactured by distillation in the State is sold to the State Government which in its turn supplies Arrack to bonded depots in Taluks. Under the Mysore Excise Act, Arrack is liable to excise duty at the rates prescribed by the Government. The State does not collect excise dut...
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-18-1984
Reported in : AIR1984SC1813; 1984(32)BLJR393; (1984)3CompLJ249(SC); [1984(49)FLR401]; 1986LabIC382; (1984)IILLJ507SC; 1984(2)SCALE406; 1984(Supp)SCC443; [1985]1SCR751; 1985(17)LC185(SC)
Desai, J.1. Bonus has a tantalizing influence on industrial workers. They look forward to it with a craving the degree of which is immeasurable. And for the employees any form of bonus has such a tremendous attraction that the time honoured concept of its being a profit sharing formula to fill in the gap between the fair wage and the living wage in the case of industrial workmen has been for all practical purposes displaced by the Payment of Bonus Act and bonus telescoping into Government service where there being no production and therefore it cannot be an incentive for higher production. And yet the management of The Model Mills, Nagpur (Employer for short) has most successfully thwarted the meagre expectation of minimum bonus to its workmen for full two decades.2. Rashtriya Mill Mazdoor Sangh, appellant herein, ('Union' for short) as an approved Union made four independent references Under Section 73A of the Bombay Industrial Relations Act, 1946 ('Act' for short) against Model Mills...
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